provisions of Article 62 of the CRM which provides for the rights of citizens to
free access to courts, legal aid and counsel.
83. Studies8 undertaken in Mozambique concluded that the majority of the population
does not use the formal justice administration system, seeking instead recourse to
informal systems as these are normally adapted to situations faced by most
Mozambicans and are cheaper and simple to access.
84. The introduction of community courts was an attempt by the government to
establish a connection between formal and informal justice administration systems.
Community tribunals are still experiencing operating problems. It would be
necessary to harmonize the procedure followed by Community Tribunals and
provide them with human and material support.
85. As for constitutional guarantees, it is worth mentioning that in Mozambique laws
can only be applied retroactively in favor of the accused and other legal entities as
stipulated in Article 57 of the Constitution.
86. It is also worth mentioning that citizens are entitled to a writ of habeas corpus in
the event of unlawful imprisonment or detention, as stated in Article 66 of the
CRM. Article 67 (1) and (3) of the CRM says extradition may only take place by
court decision. Extradition is not permissible for offenses punishable by either
death or life imprisonment in the State seeking extradition. The protection of the
right to life is enshrined in this provision of the Constitution.
87. Article 58 of the Constitution guarantees the right to demand compensation for
damages arising from the violation of fundamental rights.
88. In terms of Article 58(2), the State shall be responsible for unlawful acts
perpetrated by its agents while on duty. This means State agents shall not be above
the law.
89. Article 69 of the Constitution provides for the possibility of citizens challenging
actions which violate constitutional rights. In terms of Article 70, citizens shall be
entitled to seek recourse in courts if their constitutional rights have been violated.
B.
Civic and Political Rights
Articles 4 and 5: Right to Life, Prohibition of Torture, Slavery and Human
Trafficking
90. In terms of the Charter, every individual shall have the right to respect to dignity,
the recognition of his legal status, to life, and physical and moral integrity, and no
one shall be arbitrarily deprived of this right. The Charter says all forms of
8
Sousa Santos et al, “Paisagens Jurídicas”
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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