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