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 19

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