A/HRC/34/43
E.
Fight against impunity
31.
Despite the notable efforts made by the Government to reform the justice and
security sectors, impunity remains a major challenge. In his previous report, the High
Commissioner reported that many criminal cases involving law enforcement officials
remained pending before the courts. At the time of the present report’s publication, no
progress had been recorded in those cases. Despite regular summonses, the three gendarmes
mentioned in cases involving violations of the right to life and acts of torture continue to
refuse to appear before the courts, claiming that their superiors have not authorized them to
do so.
32.
In April, following the dissemination on social networks of images depicting acts of
torture and inhuman and degrading treatment inflicted by officers of Crime Squad No. 8,
located in the Kakimbo forest in the commune of Ratoma, Conakry, on a young man
suspected of involvement in an armed attack, the Ministry of Security and Civil Protection
suspended the 12 officers concerned, among whom were both gendarmes and police
officers. Human rights defence associations have lodged a complaint with the courts on
behalf of the victim and have brought civil actions.
33.
The Judicial Investigation Directorate of the gendarmerie received a request for
judicial assistance from the prosecutor’s office at the Dixinn court of first instance; it began
to question the alleged perpetrators of these human rights violations, but then brought
proceedings to a halt without explanation. A criminal investigation officer questioned by
the Office of the High Commissioner for Human Rights claimed that the proceedings were
halted on the instructions of the authorities, without providing more details. The Ministry of
Security and Civil Protection lifted the suspension of the alleged perpetrators of these acts
of torture, thus allowing them to resume their duties. However, the complaints remain
pending before the courts.
34.
In the days that followed the events of June 2016 involving the commander of the
infantry camp in the prefecture of Mali, the Chief of General Staff of the Armed Forces
relieved the officer of his duties. The Labé court of first instance and the military court
opened a judicial investigation. The Minister of Justice attended the scene to determine the
facts. The country office deployed a team on the ground and reported on these events to the
competent authorities and recommended a number of measures. However, to date, the legal
proceedings remain pending before the courts, and the victims are still awaiting justice.
35.
Other major cases of mass human rights violations are yet to be dealt with. The case
relating to the events of 28 September 2009, during which more than 150 persons were
killed and more than 100 women raped, remains pending before the courts. Despite the
notable progress made in the investigations, particularly the charging of 14 persons,
including Captain Moussa Dadis Camara and General Mamadouba Toto Camara, the
President and Vice-President of the junta in power at the time of the events, and the
willingness of the Guinean authorities at all levels to cooperate with the international
community, particularly the International Criminal Court, the victims are yet to obtain
justice. Moreover, some of those charged with crimes against humanity by the courts
continue to occupy positions of significant responsibility. For example, in March, the Head
of State appointed a general who had been charged in relation to this case to the post of
Governor of Conakry. According to the judicial authorities, the trial could not go ahead in
2016 because two key individuals could not be questioned.
36.
Victims’ associations commemorated the seventh anniversary of the events of
September 2009 in the hope that in 2017 a fair trial will be held that leads to the sentencing
of the perpetrators of these crimes and to reparations for violations suffered. Furthermore, 4
of the 14 persons charged are in pretrial detention, 2 of them since 2010, thus constituting
arbitrary detention under the Code of Criminal Procedure, which fixes the maximum
GE.17-00658
7
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