This article assesses developments in the prevention and eradication of torture in Mozambique. Despite several positive efforts and advances made, acts of torture and other cruel, inhuman and degrading treatment and punishment are still perpetrated by members of the security forces, especially police officials, often with impunity. The culture of impunity for such serious offences is a direct threat to human rights and the rule of law in the country and seriously compromises the country’s public integrity. Two issues are of deep concern and require more efforts by the state, namely: a) addressing impunity and ensuring prompt and impartial investigations of all allegations of torture and other ill-treatment, and b) protecting victims and providing the necessary restitution, rehabilitation and compensation. In conclusion we provide recommendations on how to improve the situation. These are: engaging in outreach and advocacy; improving and strengthening the national legislative framework; strengthening institutions; developing mechanisms for the reporting of torture: monitoring and evaluating existing reporting mechanisms; improving conditions of detention; establishing effective oversight over places of detention, and by maintaining records to improve transparency and availability of information. Report by Tina Lorizzo and Vanja Petrovic
Este artigo avalia a evolução na prevenção e erradicação da tortura em Moçambique. Reportado por Tina Lorizzo e Vanja Petrovic
Em preparação da Submissão da Sociedade Civil ao Comitê de Direitos Humanos das Nações Unidas
The publication of this report is intended to draw attention to the absence of the State Report and place pressure on the government to comply with its reporting obligations and other substantive obligations as required by the ICCPR.
The presumed link between the rule of law and development suggests that an operational justice system is key to development. The research sought to understand and quantify how the decision to detain an accused person affects his or her socio-economic situation. Data was collected in Kenya, Mozambique and Zambia. The findings suggest that the use of the coercive power of the state exercised through the deprivation of an individual’s liberty has serious socio-economic consequences. While detention pending trial is justifiable sometimes, we argue that it is over-used, frequently resulting in excessively long detention. The deprivation of liberty interferes with the ability of individuals to be agents of their own development, infringing on socio-economic rights of individuals and their dependents. States can justify such infringements only if their coercive power is used within the ambit of democratic and rights-respecting laws complying with human rights standards. By Lukas Muntingh and Jean Redpath
Report on the Symposium on Legal and Administrative Reforms to address Congestion in Correctional Facilities in Lusaka, Zambia between the 13th and 14th of September 2017, by the Programme for Legal Empowerment and Enhanced Justice Delivery (PLEED).
Apresentação de Kristen Petersen
O projeto procurou compreender e quantificar a forma como a decisão de deter um arguido afecta os direitos socioeconómicos, isto é, os recursos dos indivíduos, inclusive aqueles além das pessoas em prisão.
Twenty years into democracy, the independence of the NPA, in particular the National Director of Public Prosecutions (NDPP), has become a highly contested and politicised issue. The Constitutional Court has noted that ‘[t]he constitutional obligation upon the State to prosecute those offences which threaten or infringe the rights of citizens is of central importance in our constitutional framework’. This report focuses on the substantive problems and dilemmas facing the NPA. In the discussion that follows the major challenges that the NPA is facing and have faced are set out. The report unpacks these and presents possible solutions and recommendations. Report by Lukas Muntingh, Jean Redpath and Kristen Petersen
Developments in Addressing Torture in Mozambique
