A/HRC/31/76 of 195 detainees proposed for release, 43 had been the subject of reservations and 152 were eligible for release. 28. The Independent Expert wishes to emphasize that any measure that would amount to an amnesty would be contrary to international law and in violation of the commitment made by the parties to the Agreement on Peace and Reconciliation. He was deeply concerned by the release in July 2015 of detainees suspected of or formally charged with involvement in serious crimes, including war crimes, terrorist attacks and gross human rights violations. Such releases have a negative impact on the fight against impunity. The Independent Expert wishes to reaffirm the importance of the fight against impunity and the need to investigate gross violations of human rights in order to ensure accountability and prosecute those responsible for such acts. 29. In this regard, the Independent Expert is concerned about the fact that no judicial investigation has been opened in connection with the case of 14 victims who have filed for damages against Houka Houka for several human rights violations, including amputation, rape and cruel, inhuman and/or degrading treatment. He notes that the alleged perpetrator of these acts was released on 15 August 2014 as part of political negotiations, without the victims being informed. 30. The justice system is not working as it should. Cases of human rights violations that are reported and brought before the courts are either not taken up or experience delays in the opening of judicial investigations. For instance, no progress has been made in the case of 125 victims, including 40 survivors of sexual violence in Timbuktu, on whose behalf a victims’ association filed complaints with the Timbuktu prosecutor’s office in November 2014. Similarly, no criminal proceedings have been instituted by the judicial authorities in relation to e mblematic cases of human rights violations that have not been the subject of complaints. A clear prosecutorial strategy should be developed in order to establish priorities and process cases. The competent authorities should allow a single judicial body to be given jurisdiction for human rights violations committed in the context of the crisis in the north of the country. 31. The effective capacity of the regional courts is seriously hampered by a lack of material and human resources. For example, in the G ao region, in the court of first instance, there is only a public prosecutor, the president of the court and an investigating judge actually present. Similarly, in the Timbuktu court, there is only the president, a judge and a prosecutor. In Mopti, in the districts of Tenenkou and Youwarou, no justice system officials have been in place since January 2015 because of the prevailing insecurity in these two areas. Although, under an order issued by the Mopti Court of Appeal, officials are able to operate from the town, this is unsatisfactory, particularly where criminal matters are concerned. Only the gendarmerie is present on the ground; officers draft reports of offences and then forward them to the judges concerned at irregular intervals (one individual whom the Division met had spent 40 days at the Tenenkou gendarmerie before being transferred to Mopti). 32. During his meeting with the Minister of Justice and Human Rights, the Independent Expert was informed that efforts were under way to tackle this problem and that mobile counselling centres should be operational shortly. The Independent Expert recalled that the criminal law in force in Mali established important, fundamental safeguards, but that the institutional framework did not provide sufficient guarantees for the implementation of those safeguards. The State has the obligation to provide the necessary resources. 33. On 4 August 2015, the President of the Truth, Justice and Reconciliation Commission was appointed by the Council of Ministers, while the r emaining 14 commissioners were appointed by the Government on 15 October. Many of the GE.16-00837 7/18