A/HRC/23/57
subsequent detention of a journalist by the intelligence services.4 Freedom of expression
and association are thus also under threat.
18.
Given this risk of abuse, it is essential that the measures adopted by the authorities
are consistent with the provisions of article 4 of the International Covenant on Civil and
Political Rights, which specify the conditions under which derogations from usual human
rights norms due to exceptional circumstances are lawful.
D.
The electoral process
19.
The offensive launched by armed groups on 17 January 2012 and the military coup
of 21 March 2012 plunged Mali into an unprecedented security, political, institutional,
social and economic crisis. The presidential elections scheduled for 28 July 2013 should
allow Malians to exert their right to participate in the conduct of public affairs.
20.
There has been much opposition, especially from within civil society, to the hasty
organization of the elections, on the grounds that the technical and political preconditions
have not been met. There are also considerable practical obstacles to the participation of all
Malians in the elections in accordance with the conditions established in article 25 of the
International Covenant on Civil and Political Rights. These obstacles will restrict the
participation of refugees and internally displaced persons (IDPs) and of all persons who
have reached the age of 18 years since the electoral register was last revised in 2011. The
problem will also affect the people of Kidal, who are unlikely to be able to exercise their
right to vote while the region is not fully under the control of the Government of Mali.
21.
Moreover, full exercise of the right to vote assumes effective enjoyment of
associated rights such as freedom of expression, press freedom, freedom of association, the
right to peaceful assembly, freedom of movement and the right to security of person. In this
respect, the situation remains fragile and merits particular attention in order to ensure that
the elections are inclusive, free and transparent and are carried out in a peaceful manner,
with respect for human rights and civil liberties.
III. The human rights situation
A.
Summary executions and extrajudicial killings
22.
Since the military operations in the north of the country began, Malian soldiers have
allegedly been involved in summary executions of persons thought to belong to armed
groups or suspected of having collaborated with them. The Mission collected credible
information concerning the killing of 10 persons forming part of the Tuareg community on
15 February 2013. These persons were allegedly killed by the Malian Defence and Security
Forces while trying to cross the border into Mauritania at Leré. The Mission was not able to
travel to Leré to carry out more detailed inquiries due to the volatile security situation in
that area.
23.
In January and February 2013, the Mission also received information about the
execution of eight people (four men of Tuareg origin and four men of Arab origin) by
members of the Malian Defence and Security Forces in Timbuktu. Their bodies were
reported to have been buried before being later discovered by members of the civilian
4
GE.13-15228
Meeting between the AFISMA Human Rights Division and high-ranking officials of the Government
of Mali held in Bamako on 8 March 2013.
7
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