A/HRC/36/64
guarantees of non-recurrence, identifying priority areas for future investigations by the
Special Criminal Court and contributing to the preparation of a prosecution strategy for the
Special Criminal Court.16
90.
According to the report of the Mapping Project, security conditions must improve
considerably if the transitional justice process is to be implemented peacefully. A staggered
approach should be adopted, with prosecutions and the vetting of the security forces being
carried out as a matter of priority. Furthermore, displaced persons located outside the
capital and refugees should be involved in the transitional justice process. The authorities
are encouraged to immediately launch preparatory activities, such as the enhancement of
documentation and archives, capacity-building for civil society and victims’ organizations,
the development of a victim and witness protection programme, and country-wide
consultation and awareness-raising on transitional justice.
91.
The report also contains several recommendations on non-judicial transitional justice
mechanisms, in particular truth-seeking. It recalls that any future truth and reconciliation
commission must have a broad mandate allowing it to determine the facts, identify the root
causes of conflicts and events, and establish an impartial, historical record. It notes that,
although truth commissions can help to institute restorative justice, they should not act as
courts.
92.
The Independent Expert had already affirmed her support for a truth commission as
a key element of the transitional justice strategy. In her previous report, she had
recommended that extended, thematic consultations should be held in order to consider
issues in greater depth before the formation of the aforementioned commission and to place
victims at the centre of the design and implementation of transitional justice mechanisms.
The Independent Expert had recalled the importance of ensuring the safety and protection
of victims and witnesses, in order to encourage them to testify about the serious violations
they suffered or witnessed.
93.
The recent political agreement for peace in the Central African Republic, the
Sant’Egidio Agreement, provides for the setting up of a truth, justice and reconciliation
commission, with a 12-month mandate, which will make recommendations to the President
of the Republic on “traditional processes with regard to cases of reparation and pardon, the
reintegration of the leaders and officials of politico-military groups, the release of detained
combatants and the adoption of laws on national reconciliation”.17
94.
As to the issue of amnesty, the Independent Expert calls on all the actors involved in
the peacebuilding efforts to respect the desire of the population of the Central African
Republic to see real justice, given that impunity is one of the structural causes of violence
in the country. The international community and the Government must remember that any
possibility of amnesty for war crimes, crimes against humanity or genocide is out of the
question, in accordance with the outcome of the Bangui Forum, the Constitution and the
various international conventions ratified. No one should be able to escape truth and justice
and all those who know that they have committed reprehensible acts should have the
courage to take full responsibility for their actions before the nation and the victims. That is
the price they must pay if they wish to be forgiven and to contribute to reconciliation and
peace.
C.
Judicial and prison administration
95.
The judicial system continues to be dysfunctional and to suffer from a lack of
qualified staff and material resources. The Independent Expert was informed of the
authorities’ continued efforts to re-establish courts and a judiciary across the country. In all,
18 out of 30 courts (3 courts of appeal, 24 courts of major jurisdiction (tribunaux de
grandes instances) and 3 specialized courts) are up and running again and more than 60
judges have been posted to locations outside Bangui. Furthermore, 23 circuit courts have
16
17
14
See https://minusca.unmissions.org/en/human-rights-0.
Sant’Egidio Agreement, transmitted in a letter to the Security Council dated 22 June 2017.
GE.17-12914
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