CAT/C/MOZ/CO/1
The State party should increase its efforts to improve the juvenile justice system in
accordance with the United Nations Standard Minimum Rules for the Administration
of Juvenile Justice (Beijing Rules). In particular, the State party should ensure that
detention pending trial is used for juveniles only as a measure of last resort and for
the shortest possible period of time. It should also ensure that sufficient facilities are
available so that all juveniles in conflict with the law are held separately from adults.
Conditions in psychiatric hospitals
17.
While taking into account the information provided during the dialogue about
mental health services in Mozambique, the Committee regrets that little information was
supplied concerning the conditions and legal safeguards for persons placed in involuntary
treatment in psychiatric facilities. In this regard, the Committee is concerned at the
delegation’s statement that involuntary admissions in psychiatric hospitals are not
statistically recorded (art. 16).
The Committee recommends that the State party take all necessary measures to
ensure that persons in involuntary treatment have access to complaint mechanisms.
The State party should ensure that all cases of forced internment in mental healthcare institutions are properly and duly registered. The Committee requests the State
party to provide information on conditions for persons in psychiatric hospitals.
Prompt, thorough and impartial investigations
18.
The Committee expresses concern at reports of persistent impunity for police
officers and prison officials who torture or ill-treat arrested and detained persons. The
Committee notes that, according to the information provided by the State party’s
delegation, 50 cases of torture reached the sentencing stage during the period under review,
with sentences ranging between 6 months’ and 27 years’ imprisonment. Nonetheless, the
State party was unable to provide comprehensive and disaggregated data on complaints,
investigations, prosecutions and convictions in cases of torture and ill-treatment (arts. 2, 11,
12, 13 and 16).
The State party should:
(a)
Take appropriate measures to ensure that all allegations of torture or illtreatment are promptly, thoroughly and impartially investigated, perpetrators are
duly prosecuted and, if found guilty, sentenced to penalties that take into account the
grave nature of their acts;
(b)
Ensure that investigations into allegations of torture or ill-treatment are
conducted by an independent body that is not under the authority of the police;
(c)
Establish an independent complaints system for all persons deprived of
their liberty; and
(d)
Unambiguously reaffirm the absolute prohibition of torture, publicly
condemn practices of torture and issue a clear warning that anyone committing such
acts or otherwise complicit or participating in torture will be held personally
responsible before the law for those acts and will be subject to criminal prosecution
and appropriate penalties.
Deaths in custody
19.
The Committee notes that, despite the request it made to the State party’s delegation
to provide information on cases of death in custody that had occurred during the period
under review, no information has been received on this subject (arts. 2, 11 and 16).
The State party should take measures to ensure that all instances of death in custody
are promptly investigated and that those found responsible for deaths in custody that
6