"I can't believe in justice anymore. I am not informed. There is no respect...They just want us to forget. If you do not have money to pay nothing happens... " - Chimène Costa, partner of Augusto Cuvilas who was shot and killed by the police in December 2007
The right to life ... is the supreme right from which no derogation is permitted even in time of public emergency ... The protection against arbitrary deprivation of life.... is of paramount importance. ... States parties should take measures not only to prevent and punish deprivation of life by criminal acts, but also to prevent arbitrary killing by their own security forces. - Human Rights Committee, General Comment No. 6, the right to life
INTRODUCTION
In the early hours of the morning of 8 November 2007, Julião Naftal Macule was asleep in a hotel room in Massinga, Inhambane, when police from the Rapid Intervention Force (FIR) suddenly pushed open the door and shot him. The police said they had been told that a wanted criminal -- "public enemy number one" -- was in the hotel room and when they burst into Julião's room they immediately shot and killed him. Soon after his death police authorities announced they had captured and killed Agostinho Chauque, "the most wanted criminal in the country". It was only after journalists asked to see the body that the police said they had not actually caught Agostinho Chauque, but had nevertheless caught and killed "a dangerous criminal".
Augusto Cuivlas, a dancer and choreographer, was killed on 22 December 2007 by the police in his home in Bairro Triunfo. He was at home with his partner, 10 year old son and the boy's nanny when they heard some noises and noticed strangers outside the house. Suspecting they were robbers, Augusto phoned the police who said they did not have transport to get to his house. He then called his ex-wife and mother of his son, who drove the police to his house. When the police arrived they started shooting indiscriminately, killing Augusto and his guard. His partner, who was two months pregnant, suffered a miscarriage. Two officers were reportedly arrested in connection with the killing of Augusto Cuvilas, but one was later released apparently because he did not fire the fatal shot. No action appears to have been taken against any officer in connection with the killing of the guard.
These two unlawful killings by police are, sadly, only two examples among many. The police officers responsible for the killings in these two cases have still not been brought to justice. Since January 2006, scores of people have been unlawfully killed by the police in Mozambique (see Annexes 1 to 5 for further details of cases) and in most of these cases the families of the victims have still not received any justice for the killing of their loved ones.
The right to life is enshrined in the Universal Declaration of Human Rights and numerous international human rights treaties. Under the International Covenant on Civil and Political Rights2 and the African Charter on Human and Peoples' Rights,3 every human being has the inherent right to life and arbitrary deprivation of life is prohibited; no limitations to or derogations from this right are permitted. The obligation to protect the right to life by law and the prohibition against arbitrary deprivation of life places an obligation on states to ensure that unlawful killings are investigated and that perpetrators are brought to justice. Unlawful killings, which include deaths resulting from the excessive or arbitrary use of force by the police as well as extrajudicial executions, are a violation of the right to life.
Extrajudicial executions are unlawful and deliberate killings carried out by order of the state or with its complicity or acquiescence. Governments have an obligation to ensure that unlawful killings by the police are recognized under national criminal laws as offences punishable by appropriate penalties which take into account their gravity. Governments are further obliged to ensure that there are thorough, prompt and impartial investigations into all cases where the use of force by the police results in death; and that where these cases are found to amount to unlawful killings, those who have perpetrated them are brought to justice. This obligation does not depend on the families of victims participating in criminal proceedings.
However, the Mozambican authorities have failed to carry out adequate investigations into many suspected cases of unlawful killings by the police that have occurred, and have failed to hold police officers involved in human rights violations to account. Furthermore, the government appears to have permitted and encouraged a number of obstacles to be placed in the way of victims' families seeking justice in such cases. The obstacles families face when seeking justice for relatives unlawfully killed by police include:
- Lack of or inadequate investigations by the Criminal Investigation Police;
- Insulting, obstructive and intimidating behaviour and harassment by the police towards victims' families;
- Lack of information about the progress of investigations and actions against police officers;
- Legal and other costs.
The families of victims face almost insurmountable challenges and only the most persistent and relatively well-off have been able to exercise their right to justice. Many others, however, faced with such obstacles are left without a remedy for the unlawful killing of a family member by police.
In April 2008 Amnesty International published a report, Licence to Kill: Police Accountability in Mozambique.4 The report documented cases of human rights violations by the police and highlighted the inadequacies of the police accountability system, which result in failure to prosecute police officers who commit human rights violations, and in turn contributes to perpetuating impunity within the police.
In the 14 months after that report was published, a few police officers were brought to justice for human rights violations including two cases of extrajudicial execution. The Mozambican authorities say that police officers have been held to account in all cases of human rights violations, including unlawful killings, but have not made information on measures taken against police officers publicly accessible. This lack of transparency contributes significantly to the perception that police are not held accountable for extrajudicial executions and other human rights violations. It also deters families seeking to exercise their right to a remedy and reparation by reinforcing the belief that the justice system in the country does not work.
This report, first and foremost, renews Amnesty International's call on the Mozambican authorities to ensure that there are thorough, prompt and impartial investigations into all cases of use of force by the police resulting in death; that the officers responsible for unlawful killings are brought to justice in fair trials; and that families of those killed receive adequate reparation. It highlights the obstacles to accessing justice for families of victims of unlawful killings by the police and calls on the authorities to remove these obstacles.
