A/HRC/25/43
is important that transitional justice mechanisms be put in place to address not only the
numerous human rights violations committed in the past, but also the root causes of the
coups d’état and mutinies, that form the backdrop to these violations.
C.
Non-functioning judicial and prison systems
40.
The seizure of power by the former Séléka was followed by many abuses which,
among other things, affected the functioning of the judicial system. In Bambari (Ouaka
prefecture), for instance, the local leader of the former Séléka moved into the residence of
the president of the court of appeal. The climate of insecurity resulting from the actions of
the former Séléka forced judges to leave their jurisdiction in the provinces and take refuge
in Bangui. In November 2013, many of these judges were still in the capital. However, the
security finally failed in Bangui too and, on 16 November 2013, judge Modeste Martineau
Bria, Director-General of Judicial Services, and his assistant were killed by persons
unknown.
41.
Systematic and widespread looting and the destruction of property by the former
Séléka have not spared the judicial and prison systems. The inventory of judicial and prison
system infrastructure and equipment drawn up in August 2013 by the Ministry of Justice is
particularly instructive. Courts, prisons, detention facilities and staff accommodation have
been looted and ransacked. According to the Prison Administration Directorate, out of 38
prisons, 4 were still functioning in Bangui, Bimbo, Berbérati and Bouar. During the antibalaka attack on the former Séléka in Bangui on 5 December 2013, the Ngaraba prison was
looted and ransacked and the prisoners released.
42.
In the emergency relief and sustainable development programme for 2013–2015 that
it prepared in July 2013, the Government estimated that 150 million CFA francs (CFAF)
would be needed to restore and equip courts, tribunals and gendarmerie stations in 2013,
and CFAF 400 million in 2014 to build prisons. Tax revenues, which are already low, will
not cover these needs.
43.
In these circumstances, the aims of making justice accessible to all, restoring the
credibility of the judicial system and ensuring the application of the law to prevent “mob
justice”, among others, will once again be unattainable without funding from the donor
community.
D.
Interreligious tension and violence
44.
Many Central Africans consider the present climate of tension between Muslims and
Christians to be unprecedented. None of the many coups d’état and rebellions that have
marked the history of the Central African Republic since independence were motivated by
religion.
45.
A religious dimension has been grafted onto an existing political conflict because of
the numerous abuses by the former Séléka against the mainly Christian civilian population.
They have attacked non-Muslim communities and similarly discriminated against places of
worship, looting churches but sparing mosques.
46.
Moreover, the presence within the former Séléka of combatants from Chad and the
Sudan has persuaded some Central Africans that the conflict is between Christians and
Muslims. The actions of ex-Séléka have provoked a reaction from the anti-balaka who, as
well as attacking ex-Séléka, have also targeted Muslim civilians, attacking the people of
Bossangoa, in September 2013.
GE.14-11122
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