Carlos Mondlane responds that the cases of terrorism in Mozambique should be judged based on the theory of the Penal Law of the Enemy, which provides severe penalties for perpetrators, and notes that the crimes of terrorism are considered to cause greater damage to the lives and property of people, and the perpetrators do not recognize the legitimacy and discipline of the State.
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For jurist José Machicame, this idea is controversial, because normally military courts are created during a period of war, and in the Mozambican case, the government has never declared a state of war, despite the fact that the northern zone is being affected by insurgency.
Mozambique has no military courts at present.
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