A/HRC/31/76
before a judge and had received no document attesting that they had been formally
imprisoned. Under Malian anti-terrorist legislation, police custody of a suspected
terrorist can be extended by a competent judge for three periods of 48 hours (article 7
of Act No. 2013-016 of 21 May 2013 amending Act No. 01-080 of 20 August 2001 on
the Code of Criminal Procedure).
44. On 22 October, human rights experts from Mopti interviewed a membe r of the
Peulh community who had been arrested on 25 September by the national guard in the
village of Guidio (Youwarou cercle, in the region of Mopti) on suspicion of being a
terrorist. The detainee stated that he had been arrested on the basis of his phy sical
appearance (referring to his long beard and his hair); he had been detained for
approximately one month, without being notified of any formal charges.
45. On 24 July, a team of human rights experts interviewed 17 persons detained in
Bamako, who had been arrested by the Malian armed forces in Fakola and Misséni, in
the region of Sikasso, on suspicion of collaborating with jihadis. Two nationals of
Côte d’Ivoire, including a 13-year-old boy, and a Mauritanian were among the 17
detainees. Seven of the 17 detainees stated that they had been beaten at the time of
their arrest and during their detention. The human rights experts saw signs of ill treatment on some of the detainees. One of the detainees said that gendarmes had
threatened to cut his throat if he did not confess to being an informer for the jihadis. It
should be noted that the 17 detainees have all denied being affiliated to or having
collaborated with an armed group and have identified themselves as artisanal miners,
traders, herders, farmers and, in one case, a religious teacher. The Independent Expert
was informed that, since the end of June 2015, several groups have reported that they
have been subjected to acts of torture and ill-treatment by the Malian defence and
security forces during arrests carried out in connection with the fight against terrorism.
2.
Human rights violations committed by armed groups
46. From March to September 2015, the Human Rights Division of MINUSMA
recorded 120 cases of persons deprived of their liberty by armed groups (Mouvement
national pour la libération de l’Azawad and Mouvement arabe de l’Azawad
(Coordination and the Platform)), including 62 alleged combatants captured by one of
the groups during clashes. Thirty-seven detainees are civilians arrested for common
offences or robberies, a further 18 were detained on communitarian grounds (on
suspicion of working for another group or carrying out reprisals) and 3 for alleged
collaboration with the Barkhane force. Of these 120 detainees, 5 reported that they had
suffered ill-treatment and torture at the time of their arrest. Forty -five other detainees
have been released, most often unilaterally by the armed group holding them or after
payment of compensation for the sums stolen.
47. The abductions 2 and enforced disappearances committed by armed groups in the
regions of Gao, Timbuktu and Kidal that had been observed during the previous
reporting period continued during the period under review. At least 18 persons were
reported to have been abducted, including 9 missin g CMA combatants who had
allegedly been transferred to Gao; the Human Rights Division of MINUSMA was,
however, unable to locate them.
48. From March to September 2015, CMA detained 22 members of the Malian
security forces, including a police officer and a gendarme. On 2 September, the
Human Rights Division of MINUSMA spoke to these two officials, who are being
held by CMA in Ber, in the region of Timbuktu. However, the remaining 20 members
__________________
2
10/18
Detention constitutes an abduction and an enforced disappearance when carried out by an armed
group that denies victims access of any kind and does not reveal their place of detention.
GE.16-00837
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents