A/HRC/14/37 Madagascar had expressed its support for 65 recommendations, rejected 2 and reserved its position on 17. 533. The above-mentioned 17 recommendations concerned the process of the solution of the crisis; the opening of an independent inquiry into the events linked to the crisis; the release of political prisoners; the abolition of the death penalty; the ratification of the Optional Protocols of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights; eradication of the discrimination against slave descents and of the caste system; the introduction of a mechanism for the prevention of arbitrary detention; and the dissolution of special intervention units dealing with criminal investigations and detention. 534. Madagascar was aware of the dangers linked to the ongoing deadlock in the political, economic and social situation, and believed that the best way to proceed was the holding of free and transparent elections. Along these lines, a road map had been drawn up, setting up institutions for the organization of the elections and their schedule. 535. The electoral rounds would be prepared, organized and supervised by the Independent National Electoral Commission, an independent body composed by 19 members chosen from representatives of civil society, the order of journalists, the Bar association, and trade unions of judges, civil administrators and political parties. 536. With regard to the recommendations on the establishment of an independent inquiry into the events linked to the crisis, the creation of mechanisms for the prevention of arbitrary detention and the dissolution of special intervention units, Madagascar provided a number of clarifications. 537. The procedures followed by the national judicial authorities had led to the identification of the alleged culprits of the crimes perpetrated during the events of the crisis. They were put on trial before competent correctional courts, and victims would have the opportunity to claim reparation for the damage caused. Bearing in mind that these procedures were well advanced, the setting-up of another inquiry under the supervision of the United Nations and the African Union, supported by international human rights organizations, seemed inappropriate. 538. Concerning arbitrary detention, Madagascar’s judicial system included a preventive detention chamber competent to decide on cases of arbitrary detention. On the dissolution of special intervention units, the delegation explained that arrest, detention and investigation were, according to the Penal Code, measures taken by various authorities, including judicial police officers and investigatory judges competent to decide on detention measures and on information acts in criminal cases. Preliminary investigations and hearings, detention and judgement respected the rules set by the law. The special intervention units had no authority to decide on detention measures or prosecution. They intervened, in a timely manner, when persons suspected of having carried out acts qualified as crimes or offences were arrested. 539. Since the conditions for the abolition of the death penalty and the ratification of the optional protocols to the covenants were not yet present, Madagascar would endeavour to take measures to achieve them. 540. With regard to the eradication of discrimination against descendents of slaves and the caste system, Madagascar noted that, historically, the country had not been a destination for slave trade. Therefore, it was currently impossible to identify those descents. Moreover, article 8 of the Constitution forbade discrimination based on origin and, as a result, all Malagasies were protected against all discrimination. 128 GE.12-17781

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