A/HRC/25/72 African forces, these groups are still in a position to conduct terrorist and guerrilla operations in the north against military and civilian targets. 92. The major challenges which Mali must address in 2014 are the consolidation of security in the north and the strengthening of constitutional order, which the country had restored with the help of presidential and legislative elections. Mali must also reinforce the rule of law and the fight against impunity and make major efforts to reform the judicial system and the security sector. A frank dialogue with the armed groups which agreed to support the Malian State and recognized its sovereignty, secular nature and the indivisibility of its territory, as well as with the communities in northern Mali, is the only way of promoting national unity and creating favourable conditions for an effective introduction of State services throughout the country. 93. In establishing the Truth, Justice and Reconciliation Commission, Mali has set out on the path to transitional justice by seeking to obtain redress, with reparation and guarantees of non-recurrence, for the victims of the massive violations of human rights and international humanitarian law committed in the north of the country since independence. B. 1. Recommendations Recommendations for the Malian authorities 94. Concerning the fight against impunity, the independent expert recommends that: (a) The technical capacities and budgetary and logistical allocations made available to members of the penal system active in the investigation and prosecution of crimes committed by members of armed groups and the Malian armed forces should be strengthened; measures should be taken to ensure that judges responsible for hearing sensitive cases are protected and that such investigations and prosecutions are conducted with due regard for international norms; (b) Resources should be immediately allocated so that military courts can conduct investigations and prosecute members of the State security forces implicated in serious violations, including those who, on the pretext of obeying their superiors, are responsible for not having prevented or punished crimes committed before, during or after the crisis; (c) Measures should be taken to ensure that persons placed in police custody or detained during military operations, including during rapid pretrial detention procedures, are treated humanely and guaranteed due process, in line with international norms; (d) The deployment of the police, gendarmerie and judicial personnel in towns and villages in the north should be stepped up to enable the judicial system to resume functioning in accordance with national and international law; (e) The reform of the judicial system should be undertaken at the same time as that of the security sector, in particular the army, the police, the gendarmerie and State security services; such reforms are needed if the Malian Government is to meet the paramount objective of combating impunity. 95. The independent expert recommends that the Truth, Justice and Reconciliation Commission should: (a) Pursue an achievable and realistic set of objectives under a reasonable work plan; GE.14-10118 17

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents