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
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