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involving excessive use of force and extrajudicial executions that took place during the
period under review (arts. 2, 12 and 16).
The State party should take steps to investigate promptly, effectively and impartially
all allegations of the involvement of members of law enforcement agencies in
extrajudicial executions and other unlawful killings. It should also investigate without
delay allegations of instances of excessive use of force, especially lethal force, by
members of the police, bring those responsible for such acts to justice and provide the
victims with redress.
The Committee urges the State party to implement effective measures to prevent law
enforcement officers from committing acts such as extrajudicial killings and using
excessive force by ensuring that they comply with the Convention, the Code of
Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force
and Firearms by Law Enforcement Officials (1990). The provisions of these
instruments should be integrated into the new Police Disciplinary Regulation. In
particular, the State party should provide adequate training for its law enforcement
officials, who should receive clear instructions on the use of force and firearms in line
with international standards, and be informed of the liabilities they incur if they make
unnecessary or excessive use of force.
National human rights institution
(10) The Committee welcomes the establishment of the National Human Rights
Commission in 2012, although it regrets the lack of information regarding the resources and
budget the State party has allocated for its effective functioning (art. 2).
The State party should ensure that the National Human Rights Commission has the
financial, human and material resources it needs to execute its mandate effectively on
a fully independent basis, in accordance with the principles relating to the status of
national institutions for the promotion and protection of human rights (Paris
Principles). The Committee further recommends that the National Human Rights
Commission apply for accreditation to the Sub-committee on Accreditation of the
International Coordinating Committee of National Institutions for the Promotion and
Protection of Human Rights.
Access to justice and independence of the judiciary
(11) The Committee takes note of the adoption of an integrated strategic plan of the
justice sector and the information provided by the delegation regarding judicial salaries and
remuneration. However, it remains concerned about the low number of magistrates, the
backlog of cases in the courts and reports of “a lack of respect for the presumption of
innocence lengthy trials and the inadequate implementation of the principle of equality
before the law”, as described on 10 December 2010 by the Special Rapporteur on the
independence of judges and lawyers in her preliminary conclusions and observations on her
visit to Mozambique (art. 2).
The State party should ensure the effective functioning of the justice system and
guarantee access to justice for all victims of torture and cruel, inhuman or degrading
treatment. It should take further steps to ensure the independence and impartiality of
the judiciary in the performance of its functions, in particular by implementing the
recommendations of the Special Rapporteur on the independence of judges and
lawyers (A/HRC/17/30/Add.2, paras. 118–123).
Non-refoulement and access to a fair and expeditious asylum procedure
(12) The Committee expresses concern about reports of excessive delays in the
determination of refugee status. It also regrets the lack of information provided by the State
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GE.14-12596
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