A/HRC/33/63
certain groups. It is through these transitional justice mechanisms that the Central African
Republic must renew its social contract and promote coexistence.
106. The Independent Expert underscores the importance of strengthening the links
between truth, justice, reparation and guarantees of non-repetition and, more generally,
between these measures and the main priorities in terms of security and disarmament. The
Government must ensure that transitional justice processes and mechanisms take account of
the root causes of the conflict and examine all rights violations. By striving for an
integrated and interdependent response to all types of violations, transitional justice may
attain the broader objectives of preventing new conflicts, of consolidating peace, and of
reconciliation.
C.
Court and prison administration
107. Criminal justice remains practically non-existent. Despite commitments by the
authorities, no session of the criminal court has taken place since the first session in July
2015, which itself followed almost five years without proceedings. The Independent Expert
encourages the authorities to hold a second session as quickly as possible, in order to try
defendants whose files are complete and to resolve the question of prolonged pretrial
detention. A second session would send a strong signal of the renewal of judicial activity
and the struggle against impunity. According to the Minister of Justice, the priority is to
support ordinary domestic courts to ensure that they are able to function throughout the
country. An emergency plan on justice has been drawn up and funds budgeted, but has not
yet received support.
108. In response to the incidents of September and October 2015, the Minister of Justice
instructed the authorities to investigate crimes committed after 26 September. The public
prosecutor at the court of first instance of Bangui created a special investigation unit for
that purpose. On 15 March, the leader of the former Séléka Front populaire pour la
renaissance de la Centrafrique (FPRC), Abdoulaye Hissène, was detained in Bangui on the
grounds of his purported involvement in September’s violence, but was freed by armed
elements later that day.16 To date, no further charges have been brought, or arrests made,
under this inquiry.
109. The Central African Republic has 28 ordinary courts (24 courts of first instance, 3
appeal courts and a court of cassation) and 162 magistrates. After the arrival of MINUSCA
in September 2014, magistrates were deployed to 12 jurisdictions (Bambari, Bangassou,
Berbérati, Birao, Bossembélé, Bouar, Bozoum, Bria, Carnot, Mobaye, Obo and Sibut).
However, some redeployed magistrates have been unable to remain in their posting, as at
Birao and Ndélé. Others have been appointed but remain in Bangui, considering that
difficult conditions or the uncertain security situation prevent their return. Some magistrates
have been threatened by armed groups, prohibiting them from taking up their post, as at
Ndélé. Many courts were destroyed and looted during the conflict. The fact that the
country’s 135 lawyers are confined to Bangui raises a challenge for access to justice, and its
exercise, in the rest of the country.
110. There is no system for the protection of victims and witnesses, despite the
intimidation and insecurity that they face. Civil society organizations claim that victims are
unable to testify to violations experienced while they continue to live side-by-side with the
perpetrators, and while there is no guarantee of a credible, reliable judicial process.
16
GE.16-12727
See S/2016/305, para. 18.
17
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