The defense of the generals invoked the 2016 law, which grants amnesty for all crimes punishable by imprisonment of up to 12 years committed between November 11, 1975, and November 11, 2015, except for the crime of embezzlement.
On Tuesday, the defense of Angolan generals “Kopelipa” and “Dino” invoked the amnesty law to request the acquittal of the former strongmen of ex-President José Eduardo dos Santos from most of the crimes they are accused of.
The request was made on Tuesday during the preliminary matters phase of the trial’s second session, where the legal representatives of the two defendants—accused of defrauding the Angolan state of millions of dollars—called for their acquittal on most of the charges.
In its request, the defense cited the 2016 law, which grants amnesty for all crimes punishable by imprisonment of up to 12 years, committed by nationals or foreigners between November 11, 1975, and November 11, 2015, with the exception of embezzlement.
Generals Hélder Vieira Dias Júnior “Kopelipa” and Leopoldino do Nascimento “Dino” are charged with several crimes, including influence peddling, money laundering, document forgery, criminal association, and abuse of power. Also charged in the case are lawyer Fernando Gomes dos Santos and the companies Plansmart International Limited and Utter Right International Limited.
The companies were allegedly used by the defendants to orchestrate the scheme, which involved a financing agreement between Angola and China to support national reconstruction after the civil war. This agreement also included the China International Fund and its subsidiaries, as well as Sonangol, whose former president, Manuel Vicente, is frequently mentioned in the indictment.
Both “Kopelipa’s” lawyer, João Amaral Gourgel, and “Dino’s” lawyer, Bangula Quemba, invoked the amnesty law. Additionally, Benja Satula, who represents the Chinese companies, requested that they be acquitted as defendants and instead be considered as witnesses in the case.
Bangula Cuemba also raised issues regarding the coercive measures imposed on General “Dino,” specifically requesting the return of his passport and the lifting of travel restrictions that prevent him from leaving Luanda and the country. He emphasized that his client, who has been a defendant since September 2022, has effectively been “imprisoned in the open sky” for five years.
Meanwhile, Amaral Gourgel, who also represents lawyer Fernando Gomes dos Santos, argued that the Public Prosecutor’s Office is creating an unprecedented case by prosecuting a lawyer for performing his professional duties. He requested his client’s acquittal, stating that his involvement in the case was strictly limited to legal representation.
The court may soon suspend the trial due to an ordinary appeal of unconstitutionality filed by Benja Satula, which is currently pending before the Constitutional Court.
At issue is an appeal against the pre-trial hearing decision, which was denied by the examining magistrate. This led to a complaint being filed with the President of the Supreme Court, who ruled that the new law, which prohibits appeals against indictment orders, was more favorable to the defendants.
The defense of the Chinese companies argued that this ruling violated the fundamental right to appeal and brought the case before the Constitutional Court. However, the court summarily rejected the appeal, leading the matter to be taken to the court’s plenary session, where it is now under review with suspensive effects.
Lusa, 03/12/2025
