CAT/C/MOZ/CO/1
(d)
The International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, on 19 August 2013.
5.
The Committee welcomes the following legislative measures taken by the State
party in areas of relevance to the Convention:
(a)
The promulgation on 16 November 2004 (rev. 2007) of the Constitution,
which establishes the overall framework for the protection of human rights, notably in Title
III (Fundamental rights, duties and freedoms). Article 40 of the Constitution provides that
“All citizens shall have the right to life and to physical and moral integrity and they shall
not be subjected to torture or to cruel or inhuman treatment” and that “There shall be no
death penalty in the Republic of Mozambique”;
(b)
The adoption of Act No. 6/2008 on preventing and combating trafficking in
persons, especially women and children, on 9 July 2008; and
(c)
The adoption of Act No. 29/2009 on domestic violence practised against
women, on 29 September 2009.
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).
2