contravene the values and principles enshrined in the CRM and the promotion and protection of human rights. 36. Capital punishment is strictly prohibited in terms of Article 40(2) of the CRM. Capital punishment was abolished as the 1990 Constitution came into force. The constitutional amendments of 2004 reiterated this major gain. 37. The CRM reflects the fundamental principles of the criminal justice administration system. The CRM guarantees the principles of legal compliance and of nonretroactivity of laws, except when new provisions are favorable to a defendant. No citizen may be tried more than once for the same crime. The CRM guarantees the right to have sentences reviewed and to compensation in case of unfair decisions. Sentences or measures designed to deprive individuals of freedom, either perpetually or for an unlimited or indefinite period of time are prohibited under the Constitution. Sentences are not transmissible. No sentence may automatically result in the loss of any fundamental rights, save the restrictions inherent to a sentence and the specific requirements applicable to the execution of a sentence. Habeas Corpus is guaranteed under the Constitution, and the Criminal Code recognizes the principles of nulla poena sine culpa and proportionality. Under no circumstances may a sentence exceed the provisions of the law for a specific crime. 38. The CRM guarantees freedom of association and the rights of citizens to freely form associations for purposes that they deem fit, provided that such associations do not entail the disruption of the established order or the well-being of other citizens. IV. Ratification of International Instruments 39. The CRM provides for the domestication of international legal norms. Once ratified, regional and international instruments have the same legal standing as the infra-constitutional norms emanating from the Assembly of the Republic and Government. 7 This implies that every international human rights instrument to which Mozambique is a State Party shall be applicable to the country as a whole once they have been published in the Republic Gazette [Boletim da República]. This implies, therefore, that international norms related to human rights may be directly invoked before the country’s courts. 40. Thus, the Mozambique State has made an effort to ratify most regional and international instruments with a view to providing a broad basis for the fulfillment of universal human rights principles. These instruments include: 7 CRM, Article 18 (1) and (2) Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010 10

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