Johannesburg — The Case of General Nila

Angola should stop using its overly broad vandalism law to restrict the rights to peaceful assembly and freedom of expression, Human Rights Watch and Amnesty International said in a joint paper released today. The groups detailed the case of an activist known as General Nila, who was shot by the police, detained under the Vandalism Law for allegedly disrupting public services, denied adequate medical care, and eventually released without being formally charged, although criminal proceedings and restrictions remain in place.

The joint paper follows:

On 22 August 2024, President João Lourenço promulgated Law No. 13/24 on the Crimes of Vandalism of Public Goods and Service ("Vandalism Law"). The law published days later established severe prison terms for broadly defined offences involving vandalism of public goods and services. For example, Article 4 provides for prison terms of 5 to 10 years for destroying public property or disrupting or frustrating the provision of a public service. Similarly, Article 15 imposes prison terms of 10 to 15 years for recording or disseminating information about security measures relating to electricity, communications, water or sanitation infrastructure. Its broad wording could expose people documenting police conduct during protests to harsh penalties.

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The law's definition of "vandalism", encompasses the "intentional obstruction or disruption" of public services, allowing the authorities to prosecute conduct that can be inherent in protests and strikes, such as temporary service disruption.

Constitutional and Human Rights Concerns

The authorities defended the law as necessary to protect public safety and public property. Angolan civil society groups, legal experts and international human rights organizations, however, warned that its vague offences and disproportionate penalties threatened the rights to freedom of expression and peaceful assembly.

In December 2025, Ruling No. 1056/2025, Angola's Constitutional Court declared article 4 and several other provisions of the Vandalism Law unconstitutional. The court found that they violated constitutional principles including proportionality, human dignity, the rule of law and equality in punishment. It also found that criminalizing the "disruption" of services unlawfully restricted the rights to strike and demonstrate.

In May 2026, parliament approved in general terms a replacement bill intended to revoke the 2024 law, but concerns remained that the proposed penalties were disproportionate and could again restrict these rights.

Legal experts have stressed that the Vandalism Law's disproportionate penalties discourage civic participation. According to Bangula Quemba, a lawyer and professor of criminal procedure law at the Catholic University of Luanda, "it is completely disproportionate to equate property damage with murder in terms of the length of punishment, when referring to the long prison sentences imposed by the Vandalism law". For the lawyer, despite its intent to address the integrity of public goods and services, the law effectively prevents critical members of the public from participating in protests or strikes by threatening them with harsh punishments in the event of property damage or disruption of public services, which are likely to occur.

Serra Bango, chairperson of the Association for Justice, Peace and Democracy (AJPD) said that the Vandalism Law was intended to deter people from exercising their right to protest. For Human Rights Watch, the "vandalism law" contravenes the rights to freedom of expression, peaceful assembly, and the media that are protected by the Angolan Constitution, the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights.

General Nila Detained under Vandalism law

Serrote José de Oliveira, known as General Nila, is an Angolan activist, street bookseller and leader of the National Unity for the Total Revolution of Angola (UNTRA), a movement that advocates for good governance and civil and political rights. His case illustrates how the broadly worded provisions in the Vandalism Law have been used to restrict freedom of expression and peaceful assembly and to punish activists for documenting or commenting on protests.

On 28 July 2025, during a nationwide taxi drivers' strike, General Nila was livestreaming on TikTok and urging people to stay home when an officer in plain-clothes approached him and fired several shots. Two bullets struck his left leg and, in a video, shared with Amnesty International, he states that one bullet remains lodged in his body. Rather than ensuring that he received prompt and adequate medical care, the police took him into custody and transferred him between several facilities, including the Talatona Municipal Command Station and Hospital Vila Gamek. Police later took him to Luanda General Hospital, but removed him before he was medically discharged.

General Nila's condition deteriorated in detention as he was denied access to medical treatment for his injuries. He was held in inhuman and degrading conditions and later transferred, without judicial authorization, to Calomboloca Prison, a remote facility outside Luanda province, making access for his family and lawyer more difficult. Despite a judicial order directing his transfer to a hospital, he did not receive adequate medical care.

Although General Nila was not formally charged, documents from the prosecutor's office and a court decision denying his habeas corpus application identified him as suspected of disrupting public services under article 4 of the Vandalism Law.

On 23 July 2026, the Luanda Court of Appeal ordered General Nila's release after concluding that the legal requirements for his detention had not been met. However, the criminal proceedings and restrictions against him remain in place. He must report to the authorities every 15 days and is prohibited from leaving Angola.

More than a year after his arrest, the authorities have not identified any unlawful act that would have justified his arrest or the use of force against him. Neither have they investigated or held anyone accountable for his shooting. His lawyer has also repeatedly faced difficulties accessing the case file.

A broader Pattern of Restrictions

Nila's case is not isolated. Police also arrested André Miranda Paulino, another UNTRA member on 28 July 2025, during the taxi drivers' strike. He remains detained on charges related to alleged vandalism of public property and services. These cases raise broader concerns about the misuse of criminal law to restrict fundamental rights and about violations of due process and fair trial guarantees.

Over the past decade, the Angolan government has enacted or proposed several laws that restrict civil space. In January 2017, then-President José Eduardo dos Santos signed a media law granting the government and ruling party expansive powers to interfere with journalists' work, including reporting on corruption and human rights abuses. In February 2026, President João Lourenço signed the Non-Governmental Organization's law, despite warnings from civil society groups that it provided unchecked power to authorities to oversight civil society organizations.

Recommendations

The Angolan Authorities Should:

• Immediately discontinue the criminal proceedings against General Nila and lift all restrictions imposed on him, as the authorities have not identified any unlawful act that he committed and article 4 of the Vandalism Law no longer provides a lawful basis for prosecution.
• Provide General Nila with prompt, adequate medical care and effective remedies for the harm he suffered and ensure that his lawyer has full access to the case file and all documents related to the proceedings.
• Conduct a prompt, independent, impartial, transparent, and effective investigation into the shooting of General Nila and the denial or delay of necessary medical care, and appropriately prosecute anyone against whom there is sufficient admissible evidence.
• Investigate allegations of unlawful and excessive use of force by security forces during the July 2025 protests, publish the findings, and appropriately prosecute anyone against whom there is sufficient admissible evidence; and refrain from using the Vandalism Law, any replacement legislation, or other criminal laws to restrict the rights to freedom of expression and peaceful assembly. Any legislation protecting public property should define offences precisely, distinguish peaceful protest from criminal conduct, and provide penalties proportionate to the gravity of the offence.
• Ensure that any restrictions on the exercise of the rights to freedom of expression and freedom of peaceful assembly fully comply with the principles of legality, necessity, proportionality and non-discrimination, in line with Angola's obligations under the ICCPR and the African Charter.