A/69/44
(6)
The Committee further welcomes the establishment of the National Human Rights
Commission of Mozambique in September 2012, pursuant to Act No. 33/2009 of 22
December 2009.
C.
Principal subjects of concern and recommendations
Definition of torture
(7)
While taking note of the existence of a draft penal code that would introduce a
definition of the crime of torture into domestic law, the Committee regrets that torture, as
defined in article 1 of the Convention, is still not codified as a specific offence under the
Penal Code, but as an aggravating circumstance for certain criminal offences. As for the
State party’s argument that other similar criminal offences are defined in its domestic
legislation (CAT/C/MOZ/1, para. 59), the Committee draws attention to its general
comment No. 2 (2007) on the implementation of article 2 by States parties, which
emphasizes the preventive value of codifying torture as a distinct offence (para. 11) (arts. 1
and 4).
The State party should specifically criminalize torture in its domestic legislation and
adopt a definition of torture covering all the elements contained in article 1 of the
Convention. The State party should also ensure that such offences are punishable by
appropriate penalties which take into account their grave nature, in accordance with
article 4, paragraph 2, of the Convention.
Fundamental legal safeguards
(8)
The Committee notes with concern that arrested and detained persons are not always
afforded all fundamental legal safeguards from the very outset of their deprivation of
liberty. According to information before the Committee, arrested and detained persons are
often not adequately informed about their rights and are frequently denied access to a
lawyer. In addition, detainees are not given a medical examination upon arrival at police
stations and the police fail to bring suspects before a judge within 48 hours of arrest. The
information also documents instances of arbitrary arrest and detention, especially of
disadvantaged people – young, unemployed or self-employed men in particular. The
Committee is also concerned at the fact that contracted legal aid lawyers who work
alongside salaried staff at the Instituto de Patrocínio e Assistência Jurídica (Institute for
Legal Representation and Assistance) charge a fee for their services, as the delegation
confirmed during its dialogue with the Committee (art. 2).
The State party should take effective measures to ensure that, in law and in practice,
persons who are arrested have the benefit of all fundamental legal safeguards from
the very outset of their deprivation of liberty. These safeguards include the right to be
informed of the reasons for their arrest, access to a lawyer, the right to contact family
members or other persons of their choice, the right to have an independent medical
examination performed without delay and the right to be brought before a judge
within 48 hours of arrest. The State party should also take the necessary measures to
provide an effective free legal aid system, especially for indigent criminal suspects.
Extrajudicial executions and excessive use of force
(9)
The Committee is gravely concerned about allegations of unlawful killings,
including extrajudicial executions, by members of the police during the period under
review. It is also concerned at allegations that the police resort to excessive and sometimes
lethal force, especially when apprehending suspects and controlling demonstrations. While
noting the information provided by the State party on several highly publicized cases, such
as the Costa do Sol case, the Committee regrets that it has not received additional
information on investigations, prosecutions, convictions and sentences imposed in cases
GE.14-12596
55
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