A/HRC/24/59
Central African Republic may fall under the jurisdiction of the Court. Indeed, on 22 May
2007, the Court prosecutor opened an investigation into serious crimes allegedly committed
in the Central African Republic, in particular during the armed conflict of 2002-2003.11
24.
International human rights law was still applicable when the Séléka seized power on
24 March 2013. The interim Government therefore has full responsibility for the protection
of human rights contained in the treaties ratified by the Central African Republic.
25.
In addition, in accordance with article 10 of the draft articles on Responsibility of
States for Internationally Wrongful Acts,12 the Séléka, after it seized power, engaged the
State responsibility of the Central African Republic for all violations committed by Séléka
members in the country during the armed conflict.
26.
Given the complexity of the legal implications during the period under review, the
events that occurred from 10 December 2012 to 23 March 2013, when both international
human rights law and international humanitarian law were applicable for the former
governmental authorities and the non-State armed group, the Séléka, will be examined first.
The alleged violations of international human rights law committed by the interim
Government formed after the seizure of power by the Séléka, on 24 March, until the end of
the period under review will then be assessed.
V. Violations of international law committed from
10 December 2012 to 23 March 2013
A.
Violations by the former governmental authorities
1.
Summary executions and extrajudicial killings
27.
The mission collected credible information regarding the killing of several people
perceived to be supporters of the Séléka between January and February 2013 by the
Presidential Guard and the Forces armées centrafricaines (FACA), as well as by militias
referred to as the Young Patriots (the Comité d'organisation des actions citoyennes and the
Coalition citoyenne contre les rébellions armées). Mass graves of opponents to the former
Bozizé regime in Bossembélé (Ombella M’Poko) were reported to the mission, which
however was not given access to these locations to verify the information for security
reasons.
2.
Enforced and involuntary disappearances
28.
The mission received corroborated information concerning dozens of cases of
enforced disappearances of rebels, their families or suspected supporters committed by
former regime forces from 10 December 2012 to 23 March 2013. Cases included civilians
arrested by the FACA in the eighth District of Bangui, including family members of the
President of the National Transitional Council. These persons subsequently disappeared.
11
12
8
The former Vice-President of the Democratic Republic of the Congo, Jean-Pierre Bemba Gombo,
who has been charged with crimes against humanity (rape and murder) and war crimes (rape, murder
and pillaging), is the first person to face trial for alleged crimes committed in the Central African
Republic.
Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 10 (A/56/10).
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