The applicability of international human rights treaties in criminal prosecution in Mozambique

Abstract

This article analyzes the applicability of international human rights treaties in the context of criminal prosecution in Mozambique, with a view to harmonizing domestic law with the State's international obligations. It is assumed that Mozambique, as a signatory to several international instruments protecting human rights, must ensure their implementation in the criminal justice system. However, practice reveals legislative, institutional, and interpretative challenges that compromise the full incorporation of these standards. The research is based on a legal-dogmatic and analytical approach, supported by the Constitution of the Republic, the Penal Code, and treaties ratified by Mozambique, such as the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights. It concludes that, although the Mozambican legal system recognizes the legal force of treaties, their applicability in criminal prosecution still faces practical obstacles related to judicial capacity, the autonomy of the Public Prosecutor's Office, and the normative adequacy of the Penal Code.