A/69/44
attention to its general comment No. 3 (2012) on the implementation of article 14 by
States parties, in which it elaborates on the nature and scope of States parties’
obligations to provide full redress to victims of torture.
Coerced confessions
(21) The Committee is concerned at reports that a number of detainees have alleged that
they were forced to sign confession documents without understanding the documents or
being aware of their content. While taking note of the constitutional safeguards establishing
the inadmissibility of evidence obtained through torture, the Committee expresses concern
at the lack of information on decisions taken by the Mozambican courts to refuse as
evidence confessions that were obtained under torture (art. 15).
The State party must adopt effective measures to guarantee that coerced confessions
or statements are inadmissible in practice, except when invoked against a person
accused of torture as evidence that the statement was made. The State party should
also ensure that law enforcement officials, judges and lawyers receive training in how
to detect and investigate cases in which confessions are obtained under torture.
The Committee requests the State party to include in its next report information on
any specific jurisprudence excluding statements obtained as a result of torture and on
any cases in which officials have been prosecuted and punished for extracting a
confession under torture.
Lynching
(22) While taking note of the delegation’s statement that the number of cases of lynching
has begun to decrease recently, the Committee remains concern at the persistence of this
phenomenon. It also regrets that it has not received the information it requested on the
outcome of investigations, related criminal proceedings and punishment of perpetrators
(arts. 2, 12 and 16).
The State party should continue to pursue its efforts to prevent, investigate, prosecute
and punish lynchings, including by continuing to conduct awareness-raising
campaigns in communities.
Violence against women and children, including domestic violence
(23) While welcoming the information provided by the State party on measures taken to
combat domestic violence (see para. 5 (c) of the present concluding observations), the
Committee remains concerned about the high prevalence of domestic violence in the
country. The Committee also notes with concern that the age of statutory rape of a minor is
under 12 years (art. 394 of the Penal Code); that article 392 of the Penal Code includes
virginity and seduction as prerequisites to define the crime of estupro; and that, pursuant to
article 400 of the Penal Code, a person accused of a crime of rape who marries the victim is
not subjected to pretrial detention (arts. 2 and 16).
The State party should ensure that all cases of violence against women are thoroughly
investigated, perpetrators are prosecuted and, if convicted, punished with appropriate
sanctions, and that victims obtain redress, including fair and adequate compensation.
The State party should complete the process of amending the Penal Code with a view
to bringing the provisions criminalizing various forms of sexual violence and abuse
into line with its obligations under international human rights law relating to women
and children.
Violence and sexual abuse against girls in schools
(24) The Committee is seriously concerned about violence and sexual abuse against girls
in schools by teachers and male classmates. According to information before the
60
GE.14-12596
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents