A/HRC/30/59
84. As a temporary emergency measure, MINUSCA has supported the authorities in
apprehending nearly 383 people since the beginning of its mandate in September
2014. Most are still in investigative detention pending trial. The Independent Expert
was also informed that criminal hearings had resumed on 29 June 2015, after more
than five years without any trials taking place. Nearly 60 cases will be heard by the
Court.
85. Justice and the fight against impunity were at the heart of the demands made
during the popular consultations and the Bangui Forum. The Republican Pact called
for the introduction of a constitutional clause prohibiting any possibility of amnesty
for crimes against humanity, war crimes and crimes of genoc ide committed in the
country. It also stressed the importance of effectively establishing the Special Criminal
Court, with the assistance of the international community, as well as ensuring
technical and operational capacity-building of the local courts and setting up
mechanisms for the protection of judges, witnesses and victims.
A.
Special Criminal Court
86. Following the signing of a memorandum of intent by the transitional authorities
and MINUSCA in August 2014, progress was made on the authorities ’ initiative to
create a special criminal court within the national judicial system. A bill was approved
by the Council of Ministers and submitted to the National Transitional Council on 6
February 2015.
87. The United Nations and other partners provided the authorities with technical
support for the development of the bill. This resulted in substantial improvements,
including the abolition of the death penalty as the maximum punishment and the
provision that international judges should form the majority at the appeals level.
88. On 22 April 2015, the National Transitional Council adopted the Act creating the
Special Criminal Court, which was promulgated on 3 June by the transitional
President. The Court is composed of 21 judges: 10 international and 11 nati onal. The
Special Prosecutor is an international judge, who is assisted by a national Deputy
Prosecutor. The national and international members of the Court shall be persons of
high moral character who exhibit impartiality and integrity and possess the
qualifications required in their respective countries for appointment to the highest
judicial offices. International members are nominated by MINUSCA and appointed by
the authority assuming the duties of Chair of the Supreme Council of Justice.
89. The Special Criminal Court is competent to investigate serious violations of
human rights and international humanitarian law committed in the territory of the
Central African Republic since 1 January 2003, and to hear and rule in such cases,
including in respect of the crime of genocide, crimes against humanity and war
crimes. Its jurisdiction is complementary to that of the International Criminal Court,
which has been investigating the situation in the Central African Republic since May
2014. The lifespan of the Special Criminal Court is five years, renewable if necessary
(art. 70).
90. The Independent Expert welcomed the adoption of the Act, which is a decisive
step in the fight against impunity. In particular, she is pleased to note that it sets out in
its article 56 that it applies to everyone equally, without any distinction based on
official capacity. This implies that it does not recognize immunity for representatives
of the State.
91. It is crucial that the Special Criminal Court be set up quickly so that it ca n begin
investigations. The Court can be established only with the financial support of the
international community. It is also important that the international community
GE.15-12489
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