assumed its office by the end of 2012 before the Head of State. This Commission is
composed of representatives from the Government, Parliament, Bar Association and civil
society.
40. So this body is still in a very early stage for the pursuit of their duties so does not yet
known their plans and their concrete actions are expected to be publicized in the near
future given its importance in these matters.
41. With reference to the APR Panel recommendation for the need to guarantee a trained
police force that respects fundamental human rights of the citizens, the Government is
making efforts in the police force training schools by providing regular training in its
courses both ordinary and refreshment ones. However, in performance of their duties,
(the policemen), there are cases in which such respect is not observed. Citizens are
beaten in roads and others are killed due to random shots apart from deaths of detained
in police cells due to inhuman treatments to those detained as it was reports to the
justice ombudsman and to the Attorney General during their visits to prisons over 2012.
42. So, there is a need for additional efforts by the Government in order to induce in the
minds of the law and order enforcement agents, in their day to day activity, the need and
relevance of observing the fundamental rights of the citizens. Otherwise the corporation
may be regarded by the citizens as not concerned with the protection of citizens but
instead as a tool of oppression and consequently it may not deserve such trust and
respect.
43. With reference to the APR Panel´s recommendation for the need to create a mechanism
for submission of complains and above all protection of victims of abuse which are
against the fundamental rights and the perpetuators be exemplarily punished, these
mechanisms are not yet available at the level of the Police of the Republic of
Mozambique5, which apparently leads to a situation in which the citizens do not
denounce cases due to fears of reprisals. Although the Law on the Protection of Victims,
Denouncers and Testimonies and other Judicial Aspects has been passed and will enter
into force in 2013 there were no objective conditions for their implementation over 2012,
from the Government´s point of view.
44. In relation to the punishment to impose on police officers who do not respect the rights
of citizens the code that Regulates the Discipline of the Police of the Republic of
Mozambique6, was recently considered outdated. In this context, it constitute a challenge
to the competent bodies on the urgent need to update this legal instrument which is
dated since the colonial time and therefore containing instructions which are not
compatible with what is foreseen in the Constitution and other related codes. The draft
document was submitted to the Parliament in 2012 for review after being requested for
examination on their constitutionality by the Attorney General.
5
The 2003-12 Strategic Plan for the modernization of the PRM, seven out of its nine “guiding principles” emphasize
the need for respect of Human Rights. However, despite the fact that the Plan “recognises” the problem of abuse of
power by some of police agents, it did not make any specific move to ensure a greater accountability for such
abuses.
6
For example, in July 2011, the Director of the prison institution in open regime in Cagore, Báruè, Province of
Manica, brutally beat a prisoner who did not resist from this attack having lost life some 48 later. Notwithstanding this
fact, such Director was maintained in his workplace – se Moçambique - Relatório dos Direitos Humanos – 2011,
USA Embassy, Maputo.
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