A/HRC/34/72
the judicial unit on terrorism in Commune III of Bamako. Victims’ organizations would
like to see the unit operating at the regional level, so that victims may be heard.
27.
The Independent Expert regrets the slowness of judicial proceedings. He has not
found any progress in the judicial proceedings involving military personnel, aside from the
“Red Berets” murder case. In a previous visit, the Independent Expert had raised the issue
of procedural red tape and the need to reform the Military Code. Cases followed up by the
Independent Expert include that of a gang rape perpetrated in Sevaré in March 2015, in
which it is alleged that the main instigator was a soldier, and that although the two civilians
involved in the case had been detained under a committal order, the soldier appeared to
enjoy complete impunity thanks to a special procedure established for persons with military
status.
28.
The Independent Expert notes that the functioning of the courts in the northern
regions remains a problem. The Mopti court and five other jurisdictions in the region are
operational, although the judges responsible for two cercle jurisdictions operate from
Mopti, which causes difficulties for litigants. Five of the nine courts in the regions of
Timbuktu and Gao are partially operational, while the Kidal court has remained completely
closed since 2012.
29.
The Independent Expert recalls that, since 2013, the Malian authorities have released
approximately 220 persons arrested in connection with the conflict in the north of the
country, chiefly at the request of armed groups in the framework of the confidence-building
measures outlined in the peace agreement. According to some human rights organizations
(the Malian Association for Human Rights and the International Federation for Human
Rights Leagues), at least 46 of those freed were allegedly perpetrators of crimes against
humanity, war crimes or other serious human rights violations. In the Gao region, several
persons arrested and detained for their involvement in criminal acts resulting in civilian and
military deaths (such as attacks on the Malian Armed Forces or planting of improvised
explosive devices) have been released under pressure from armed groups.
30.
The Independent Expert has taken note of the hearings that were held at the criminal
courts in Bamako and Mopti throughout the month of May. Of the 180 cases heard, 16
concerned 45 persons accused of serious offences constituting human rights violations.
However, of these 45 individuals, 32 were tried in absentia and most of them received the
death sentence, which was subsequently commuted to life imprisonment.
31.
In the fight against terrorism, however, there are signs of the impending
operationalization of the specialized judicial unit, including the appointment of its chief on
12 September 2016. The order confirming the appointment of the remaining members of
the unit, who have already been identified, is in the final stage of the administrative
process. This operationalization should open up new prospects for the fight against
terrorism.
32.
The Independent Expert stresses the importance of supporting victims in their quest
for justice, and has been pleased to announce that the trust fund programme of the Human
Rights and Protection Division plans to assist 113 survivors of human rights violations and
other victims of serious crimes related to the situation of armed conflict. The scarcity of
funds needed for agencies of the United Nations system to implement care and
psychosocial monitoring programmes remains a major challenge for the protection of these
individuals.
33.
On 30 November, an important milestone was reached in the fight against impunity
for the most serious crimes committed in the north and the south of Mali since 2012, with
the opening in Sikasso of the trial of Amadou Haya Sanogo and his co-accused, who face
charges for their alleged role in the murder of the 21 “Red Berets” who disappeared on 30
April and 1 May 2012.
34.
The Independent Expert welcomes the progress made in the operationalization of the
Truth, Justice and Reconciliation Commission. The heads of regional offices, regional
advisers and statement takers have all been recruited. There will be five subcommittees,
responsible for gender, truth-seeking, victim support and reparation, awareness-raising and
reconciliation, and studies, reports and documentation. On 18 May, the 10 new
GE.17-02058
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