A/HRC/34/72
40.
Between April and September 2016, 243 cases of human rights violations and
abuses were recorded by the Human Rights and Protection Division, including 122
violations and 121 abuses, resulting in 628 victims. These figures were markedly higher
than those from the previous period: between October 2015 and March 2016, the Division
had recorded 109 violations and abuses, causing 355 victims. This increase in the number
of human rights violations and abuses can be explained, in part, by the many cases of
serious violent crime, conflicts between communities and lynching in State-controlled areas
that go uninvestigated. The State is therefore responsible on grounds of omission. Lastly, it
is worth noting the sporadic clashes between the CMA and the Groupe d’autodéfense des
Touaregs Imghad et leurs alliés since July 2016, which have led to abuses against members
of the warring Tuareg clans (mainly Ifoghas, Imghad and allied groups).
1.
Human rights violations committed by the Malian armed forces
41.
From April to September 2016, the Human Rights and Protection Division recorded
a slight decrease in the number of arrests made by the Malian defence and security forces
and their allies in connection with the conflict or terrorism (187 from April to September
2016 compared with 224 from October 2015 to March 2016). The proportion of arrests
made on charges of terrorism remained the same (88 per cent). During that period, the
Malian defence and security forces carried out counter-terrorism operations, particularly in
the regions of Mopti and Ségou. In the course of those operations, they were reportedly
involved in human rights violations, including arbitrary executions, inhuman and degrading
treatment, acts of torture, illegal detentions, and one case of rape. The Malian authorities
also allegedly committed violations through omission, owing to the lack of or slow
investigation of incidents that constituted human rights violations.
42.
The Independent Expert has been informed that the Malian armed forces were
allegedly involved in three summary executions in Diabaly, in the region of Ségou, in the
course of a military operation that began on 7 April. He has also received details of the case
of a detainee who was tortured by members of the Malian armed forces when he was
arrested following this counter-terrorism operation. The detainee reported that his neck was
placed against the hot exhaust pipe of a four-wheel drive vehicle. The Human Rights and
Protection Division has indicated that allegations of torture committed by the Malian armed
forces during such operations have become more frequent. Another act of sexual violence
was allegedly committed by a member of the armed forces at the Kourouma checkpoint
during the night of 11 May. It is alleged that the soldier took the victim to his home and
raped her. At the time of writing, the alleged perpetrator had not been questioned and no
legal proceedings had been initiated.
43.
The Independent Expert has been informed that, during the protests that took place
in Gao on 12 July and in Bamako on 17 August, 3 persons were killed and more than 70
others injured owing to the authorities’ excessive use of force. In Gao, the event was a
protest against the setting up of interim authorities. In Bamako, a protest in support of a
radio presenter in front of the court-house turned violent, as the protestors set fire to cars
and the security forces used tear gas and fired real bullets. In view of those incidents, the
Malian national police will need to demonstrate the strict professionalism required when
using force against protestors.
44.
On 30 May, the joint tactical group Elou, which is part of the Malian security forces,
killed a 50-year-old civilian in Goundam. The victim belonged to the Tuareg Bella
community and the incident occurred on the Doukouria road between Kaneye and
Timbuktu. The Goundam gendarmerie has launched an inquiry into the incident, which is
still continuing.
45.
On 22 October, human rights experts from Mopti interviewed a member of the
Fulani community who had been arrested on 25 September by the national guard in the
village of Guidio, in the region of Mopti, on suspicion of being a terrorist. The detainee
stated that he had been arrested on account of his physical appearance, namely his hair and
long beard. The person was detained for about one month without being formally charged.
46.
The international forces have extended their targeted counter-terrorism operation in
the region of Kidal. Arrests in connection with the conflict are increasingly being carried
GE.17-02058
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