exploitation of man, particularly slavery, torture and trafficking shall be
prohibited.
91. An individual’s human dignity, that is, the right to live and to be treated with
dignity is intrinsic to his very being. The recognition of an individual’s dignity
thus amounts to the recognition of his status and respect for his life.
92. In terms of Article 40 (1) of the CRM, “every citizen shall have the right to life
and to physical and moral integrity, and shall not be subject to torture or to cruel
and inhuman treatment”.
93. The right to life is protected under Article 40 (2), where it is stated that there shall
be no death penalty in Mozambique.
94. The right to life and physical integrity rests on the recognition and promotion of
rights inherent to the fundamental freedoms of citizens, and of the need to define
concrete actions aimed at preventing and eradicating all forms of violence.
95. Thus, cruel treatment, use of excessive of force, summary executions, whether
judicial or extrajudicial, torture, slavery and human trafficking have not been
institutionalized. That is, it is not government’s policy to resort to such practices
precisely because they represent serious violations of human rights.
96. Lately, there have been reports of use of excessive force, torture, extrajudicial
executions and other human rights violations by law enforcement agents
(policemen and prison wardens). There have also been cases of people who take
the law unto their own hands, lynching alleged criminals.
97. As stated earlier, resorting to such practices, either by individuals or by law
enforcement agents and prison agents is regarded as a crime because everyone
shall be subject to the law and to strict respect of human rights, as provided in the
Constitution.
98. Human rights violations by law enforcement agents shall result either in criminal
or administrative action. Police agents and prison wardens are also subject to
disciplinary action. Thus, crimes committed by law enforcement agents, including
prison wardens, have been referred to judicial instances and dealt with in
accordance with the law. If investigations prove to be conclusive, criminal, civil
and disciplinary action is taken against the agents concerned. It should be pointed
out that as a rule, the victims’ families monitor cases of this nature.
99. Moreover, throughout their careers, law enforcement agents and prison wardens
undergo training and receive specific instructions on how to respect human rights,
the right to life and security while on duty. Law enforcement agents and prison
wardens are aware of the use of force and of the constitutional and legal principles
relating to what should be done adequately and proportionally as required.
100. Regarding prison staff, their training relates to: imprisonment and human rights,
key national, regional and international mechanisms for the protection of rights of
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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