A/HRC/31/76 C. The ongoing challenge of the fight against impunity 23. The Independent Expert notes that most cases of human rights violations linked to the crisis in the north of the country and the coup d ’état in Bamako that have given rise to complaints before the competent judicial authorities since 2012 have not yet led to judicial investigations. Only the “red beret” case has seen some modest progress, even though it is still only at the indictment stage. 24. The Independent Expert wishes to highlight a number of emblematic cases, including the mutiny of 30 September 2013 and the incident at Diabali, in which 16 pilgrims were allegedly arrested and executed in a military camp, but in which no arrests have yet been made. He also wishes to highlight the Djebock case (in the Gao region), in which three Tuareg men were allegedly summa rily executed and buried in a communal grave by members of the Malian armed forces in February 2014, but in which no judicial investigation has yet been instituted. In April 2014, a 58 -year-old shepherd was reportedly summarily executed by a member of the Malian armed forces near Gao military camp No. 1, while grazing his sheep. No investigation has officially been opened by the competent authorities. 25. Responsibility for violations attributed to military personnel is a matter of particular concern. The Military Code does not comply with international human rights guarantees in a number of key areas. In particular, the independence and impartiality of military tribunals, which perform judicial functions, is not respected, and the authorization of the Minister of Defence is required to open criminal proceedings against a member of the army. The lack of prosecutions in a number of cases, including those involving alleged sexual violence against minors, is worrying. In this regard, MINUSMA, together with the j udicial authorities, continues to monitor cases of human rights violations committed between 2013 and 2015 by members of the Malian armed forces in the Mopti and Gao regions. The Independent Expert recalls that military justice is a priority area for security sector reform within the framework of the peace process. 26. The Human Rights Division of MINUSMA has monitored four trials linked to the ongoing conflict in Bamako. One of the accused (of Arab origin and arrested in 2013 in Ber in the Timbuktu region) was a minor; he was released on 15 July 2014 as part of confidence-building measures under the Ouagadougou Agreement. It is important to note that this juvenile defendant had been sentenced to death. Nevertheless, Mali has ratified several conventions 1 that prohibit the death penalty and has, since 2002, observed a moratorium on its use; no executions have been carried out since 1984. 27. As part of the peace process, the Government of Mali has released a number of political detainees, including 3 in April, 7 in June, 23 in July and 31 in September. The Independent Expert welcomes the establishment in October 2015 of an ad hoc commission with a view to identifying and drawing up a list of detainees eligibl e for confidence-building measures and to re-examining the list of individuals proposed by the movements and identified for release. The commission was to make proposals taking account of the list of reservations formulated by MINUSMA, the Embassy of France, the General Directorate of State Security and the Ministry of Justice and Human Rights. On completion of its work, the commission reported that, out of a total __________________ 1 6/18 The Convention on the Rights of the Child (art. 37); the International Covenant on Civil and Political Rights (arts. 5 and 6); the Geneva Convention relative to the Protection of Civilian Persons in Time of War (art. 68) and the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts (arts. 4 and 6). GE.16-00837