A/HRC/23/57
a Government circular issued in October 2012 which urged prosecutors and judges to
prioritize cases of rape committed in the north of the country in 2012.
65.
Following numerous allegations of killings in which the victims’ bodies were
reported to have been thrown into wells, the relevant prosecutor initiated an inquiry in an
attempt to shed light on these cases. The Government has also initiated inquiries into other
cases of serious human rights violations allegedly committed by the Malian army,
including, in particular, into the abduction and enforced disappearance of eight Arab
merchants and one Songhay merchant in Timbuktu on 14 February 2013. In this
connection, five Malian military officers, including one captain, have been removed from
Timbuktu and brought before the judicial authorities because of their involvement in this
incident.
66.
On 29 March 2013, 27 persons being detained in connection with inquiries into the
situation in the north since the start of the crisis were released by the Public Prosecution
Service due to lack of evidence. Following the death of four detainees in April 2013, the
Ministry of Justice has been working to improve conditions of detention in Bamako Central
Prison.
V.
Conclusions and recommendations
67.
Although progress has been made following the liberation of the north as a
result of the military operations carried out by the Malian army with the support of
French and African forces, the human rights situation remains precarious, due to the
significant challenges that continue to impede security, the restoration of State
authority, the establishment of the rule of law, political dialogue and national
reconciliation. In this scenario, the protection of human rights remains one of the
main challenges in the search for solutions to the Malian crisis.
68.
The Malian authorities have taken a number of steps to combat impunity and
to bring legal proceedings against the alleged perpetrators of violations of human
rights and international humanitarian law. These efforts should be supported by the
international community if the country is to be able to address the numerous
challenges it faces in relation to security, restoration of the rule of law, democratic and
economic reconstruction and respect for human rights.
69.
In view of the foregoing, the United Nations High Commissioner for Human
Rights addresses the following recommendations to the Government of Mali:
(a)
Ensure that the relevant services initiate in-depth, independent and
impartial investigations into all alleged cases of violations of human rights and
international humanitarian law committed by the Malian Defence and Security Forces
and by armed groups;
(b)
Take urgent measures to organize fair and just trials for persons
arrested in connection with the crisis and for all other persons implicated in human
rights violations;
(c)
Ensure the effective return of the Malian administration to the northern
region, in order to re-establish the rule of law and social peace;
(d)
Dismantle the various militias and other parallel armed forces whose
activities continue to jeopardize the safety of people and property;
(e)
Continue, in conjunction with MINUSMA and the European Union
Training Mission, to provide training for the Malian Defence and Security Forces in
GE.13-15228
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