A/HRC/28/83
which, once again, occupy much of the northern part of the country. This situation is all the
more worrying as the Malian justice system does not provide for any witness or victim
protection measures.
49.
In response to Malian civil society organizations, the Independent Expert recalls that
the confidence-building measures set out in article 18 of the Ouagadougou Preliminary
Agreement are no justification for the politically-motivated release of alleged perpetrators
of serious human rights violations. Such action is contrary to the international obligations
of Mali and undermines the principle of the separation of powers enshrined in article 81 of
the Malian Constitution of 25 February 1992.
50.
The Independent Expert raised these issues during his meeting with the Minister of
Justice and Human Rights, who highlighted the fact that: none of these releases has been
decided definitively, as the procedures have not been completed; policy measures have
been taken so as not to deprive the persons concerned of their liberty; and the Government
will ensure that there is no statute of limitation for crimes committed by those released. The
Minister informed the Independent Expert of the Government’s efforts to renew
investigations in the north of the country by establishing mobile counselling centres, which
should be operational shortly.
51.
The Independent Expert welcomes these efforts and the process of rebuilding the
National Human Rights Commission so as to bring it into line with the Paris Principles. The
Independent expert notes with satisfaction that, on 10 July 2014, and in accordance with
article 18 of the Ouagadougou Preliminary Agreement, as well as the ceasefire agreement
of 23 May 2014, the Malian Government sent a request for technical assistance to the
Secretary-General of the United Nations with a view to the establishment of a commission
to shed light on the serious violations of human rights and international humanitarian law
committed between 1 January 2012 and the date of the commission’s establishment. Such a
commission, if provided with sufficient resources, is likely to give new momentum to
efforts towards combating impunity in Mali.
52.
The Independent Expert welcomes the appointment, on 9 June 2014, of the
Secretary General of the Truth, Justice and Reconciliation Commission, following the
adoption, on 20 March 2014, of the government bill to establish the Commission. With a
mandate of three years, the Commission is entrusted with the task of shedding light on the
serious human rights violations that took place in Mali between 1960 and 2013, as well as
of encouraging reconciliation and consolidating national unity and democratic values.
53.
Many of the persons consulted have expressed concerns about the independence of
the Truth, Justice and Reconciliation Commission, which will come under the Ministry of
National Reconciliation; there are also concerns that the Commission was established
without prior consultation at a national level with the country’s social and community
leaders. There have been reports of a lack of transparency in the process for appointing
members of the Commission. It should be noted that, as part of the political negotiations in
Algiers, armed groups were invited to participate in the selection process for members of
the Truth, Justice and Reconciliation Commission. Bearing that in mind, the Independent
Expert draws attention the need to ensure that alleged perpetrators of human rights
violations do not end up serving as members of the Commission.
10
GE.15-00252
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