CAT/C/MOZ/CO/1
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
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
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