A/HRC/25/72
30.
Despite these challenges, the independent expert found during his visit to Mali that
the fight against impunity had been stepped up considerably in the context of the mutiny of
30 September 2013 at the Kati military barracks by elements of the junta hostile to General
Sanogo. That incident had enabled the new authorities of the country to restore State
authority over the Kati barracks, which had become the headquarters of the junta since the
coup of 22 March 2012, and thus to weaken General Sanogo.
31.
On 31 October 2013, the judge investigating the enforced disappearances of 23
soldiers following the counter-coup of 30 April 2012 issued arrest warrants against 17
members of the armed forces, including General Sanogo. On 27 November 2013, General
Sanogo was arrested and brought before the investigating judge, who indicted him and
ordered him to be placed in detention.
32.
In a communiqué of 6 December 2013, the Government of Mali informed national
and international public opinion that on the night of 3 to 4 December 2013, the
investigating judge of the second chamber of the court of first instance of Commune III
(Bamako District), with the assistance of the forensic experts of the national gendarmerie’s
judicial investigation service, and in the presence of the public prosecutor of the Bamako
Court of Appeals and the Minister of Justice, had proceeded to exhume 21 bodies
(including some in military uniform) found in a common grave in the rural community of
Diago, near Kati.
33.
The independent expert met with courageous members of the judicial system who,
mindful of their responsibilities, were determined to avail themselves of all institutional
resources at their disposal to help advance the fight against impunity, a prerequisite to
lasting peace and true reconciliation in Mali. That attitude resulted in some of them
receiving death threats or threats of abduction in the context of sensitive cases and
proceedings to which they had been assigned.
34.
Despite considerable progress made in investigating the serious crimes with which
the junta is charged, Malian courts, handicapped by the lack of resources and protection,
have made little headway in their inquiries into crimes attributed to armed and jihadi groups
since the beginning of the crisis in January 2012. For the same reasons, the courts have not
followed up credible reports by witnesses and victims of ill-treatment or torture or cases of
enforced disappearances of persons detained by Malian armed forces during the conflict in
the north. As long as this situation is not remedied, it will continue to be a serious obstacle
to the fight against impunity in Mali.
35.
The independent expert has also noted that the judicial system does not have the
capacity or resources to deal with the diversity and complexity of crimes committed in
northern Mali, which include international crimes such as crimes against humanity,
terrorism, abductions and drug trafficking. Generally speaking, the judicial system faces a
number of challenges that limit its ability to function. These include inadequate financial
and material resources, the insufficient independence of the judiciary, corruption, high legal
costs, the remoteness of the courts, inadequate training and the lack of human rights
training.
36.
With regard to the procedure before the International Criminal Court, on 13 July
2012 the Transition Government, by means of a letter addressed by the Minister of Justice
to the Prosecutor of the International Criminal Court, referred the most serious crimes
committed in northern Mali since January 2012 to the Court. On 16 January 2013, the
Prosecutor of the International Criminal Court announced his decision to initiate an
investigation and to prosecute all crimes under the jurisdiction of the Court committed on
Malian territory since January 2012.
8
GE.14-10118
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