Penology in Comoros

03 May 2025 --
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Penology in Comoros

1. Legal Framework

Comoros’ criminal justice system is a hybrid legal system based on:

French civil law (inherited from colonial times)

Islamic law (Sharia principles in certain areas, particularly family and moral offenses)

Customary law (local community dispute resolution practices)

Key aspects of the penal framework:

The penal code outlines crimes and punishments, including imprisonment, fines, and the death penalty (moratorium in practice).

The constitution guarantees freedom, presumption of innocence, and the right to a fair trial.

Police and judiciary are responsible for enforcing criminal law, but institutional capacity is limited.

2. Prison System and Penology Practices

2.1 Structure of Prisons

Main facilities are located in Moroni (Grand Comore), Anjouan, and Moheli.

Prisons are small, overcrowded, and lack modern security and rehabilitation facilities.

Vulnerable groups (juveniles, women, foreigners) often have inadequate separate facilities.

2.2 Conditions

Overcrowding and poor sanitation are common.

Access to food, clean water, and healthcare is extremely limited.

Pretrial detention can be lengthy due to judicial delays.

Rehabilitation programs are nearly nonexistent; incarceration is largely punitive.

2.3 Systemic Challenges

Underfunding: Insufficient resources for staff, infrastructure, and rehabilitation.

Corruption and political interference in courts and prisons.

Poor record-keeping, making oversight and accountability difficult.

Limited alternative sentencing, such as probation or community service.

3. Illustrative Cases of Criminal Accountability

Because formal penology case law is minimal in Comoros, we rely on notable criminal cases to understand how the justice system works and how imprisonment is applied.

Case 1: The Passport Sales Scandal

High-level officials, including a former president, were tried for embezzlement and money laundering connected to a citizenship-by-investment program.

Sentences included life imprisonment for the former president and long-term imprisonment for accomplices.

Significance: Demonstrates that criminal accountability reaches top political figures and shows how imprisonment is used as a punitive tool.

Case 2: Death Penalty Provision

Historically, Comoros retained the death penalty for serious crimes.

While legally available, executions have been morally suspended in practice.

Significance: Highlights the legal severity of the penal system versus practical application, emphasizing that imprisonment is now the maximum enforced penalty.

Case 3: Morality Offense Enforcement

The penal code criminalizes same-sex sexual activity, with prison sentences up to 2 years.

Individuals have been imprisoned under these laws.

Significance: Illustrates the interaction between social morality, law enforcement, and incarceration in Comoros.

Case 4: Extended Pretrial Detention

Many individuals have been held months to over a year before trial, particularly in politically sensitive or security-related cases.

Significance: Reflects systemic weaknesses in judicial efficiency and the punitive effect of prolonged pretrial detention.

Case 5: Political or Corruption-Related Imprisonment

In lower-profile corruption cases, individuals connected to government projects have received long prison terms for fraud, bribery, or embezzlement.

Significance: Shows the prison system is used to enforce accountability, but mostly in high-stakes or public-interest cases, while routine abuses go unaddressed.

Case 6: Common Criminal Offenses

Theft, assault, and drug-related offenses typically result in short- to medium-term imprisonment, often in overcrowded facilities.

Significance: Demonstrates that prison is the default penal mechanism for both minor and serious crimes, with limited emphasis on rehabilitation.

4. Implications for Penology in Comoros

Harsh, Punitive Approach: Prisons are primarily a tool for punishment rather than rehabilitation.

High-Profile Cases Get Attention: Political or corruption-related cases lead to imprisonment, while ordinary prisoners face neglect.

Human Rights Challenges: Overcrowding, poor sanitation, limited food and healthcare, and prolonged pretrial detention are major concerns.

Lack of Case Law on Prisoners’ Rights: Few judicial precedents exist to improve prison conditions or protect inmate rights.

Systemic Reform Needed: Improvements in infrastructure, judicial capacity, alternative sentencing, and oversight are critical to align penology with international norms.

5. Summary Table of Illustrative Cases

Case	Crime / Issue	Sentence / Outcome	Significance
Passport Sales Scandal	Embezzlement, corruption	Life imprisonment for top officials	Accountability of political elites
Death Penalty Provision	Severe crimes (historical)	Moratorium in practice	Shows legal severity vs practice
Morality Offense	Consensual same-sex activity	Up to 2 years imprisonment	Enforcement of social morality
Extended Pretrial Detention	Delay in trial	Months to over a year	Judicial inefficiency & punitive effect
Political / Corruption Cases	Fraud, bribery	Long-term imprisonment	Prison as accountability mechanism
Common Criminal Offenses	Theft, assault, drugs	Short/medium-term imprisonment	Prison as default punishment