CAT/C/MOZ/CO/1
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
party on the number of cases of refoulement, extradition and expulsion carried out during
the reporting period and on the number of instances and type of cases in which it has
offered and/or accepted diplomatic assurances or guarantees (art. 3).
The State party should take the necessary steps, in cooperation with the Office of the
United Nations High Commissioner for Refugees (UNHCR), to review its refugee
status determination procedures so as to reduce the backlog of asylum applications.
Jurisdiction over acts of torture
13.
While noting that article 67 of the Constitution establishes the principles governing
extraditions, the Committee is concerned at the lack of clarity regarding the existence of the
necessary legislative measures establishing the State party’s jurisdiction over acts of torture
(arts. 5, 6, 7 and 8).
The State party should ensure that its domestic legislation permits the establishment
of jurisdiction over acts of torture, in accordance with article 5 of the Convention.
Domestic legislation should include provision to bring criminal proceedings, under
article 7, against foreign nationals who have committed acts of torture outside the
territory of the State party, who are present in its territory and have not been
extradited.
Training
14.
The Committee takes note of the information provided by the State party on the
training courses for judges, magistrates and other public officials that are taught at the
Centre for Legal and Judicial Training. However, it regrets the scant information available
on the evaluation of such courses and their effectiveness in reducing the incidence of
torture and ill-treatment. The Committee is also concerned at the lack of specific training
provided to law enforcement officials, judges, prosecutors, forensic doctors and medical
personnel dealing with detained persons on how to detect and document physical and
psychological sequelae of torture and other cruel, inhuman or degrading treatment or
punishment (art. 10).
The State party should:
(a)
Provide mandatory training programmes in order to ensure that all
public officials, in particular members of the police and prison staff, are fully aware of
the provisions of the Convention, that breaches are not tolerated but are investigated
and perpetrators brought to trial;
4