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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents