A/HRC/31/76
E.
The prison situation
71. The Independent Expert was able to visit Bamako Central Prison and sp eak to
persons deprived of their liberty in connection with the conflict in the north of the
country and persons arrested during counter-terrorism operations carried out in
southern regions of Mali. The detainees interviewed included one person who had
allegedly been detained for eight months without being questioned and a minor who
reportedly belonged to one of the armed groups.
72. Half of the detainees had seen an investigating judge, but it is clear that the
constitutional right of arrested persons to access to a lawyer is not enforced in
practice. Access to free legal assistance, which is provided for by law, is not
implemented on the ground. The prison population, estimated at 1,900 detainees, is
very high compared to the prison’s capacity, which is 600. This situation is directly
linked to the high number of persons in pretrial detention.
73. The Independent Expert noted that records continue to be kept on detainees, but
several registers had to be consulted to determine the situation of a single detai nee. As
the information is not digitalized, it cannot be easily accessed or used. The
Independent Expert also noted that prison security is poor because of inadequate
installations and a lack of proper surveillance equipment.
74. The Independent Expert was told that, since his previous visit, the Human Rights
Division had regularly monitored State facilities and places of detention run by armed
groups across the country, including CMA facilities, such as those in Kidal and Ber. In
June, allegations of torture and cruel, inhuman or degrading treatment by members of
the Malian armed forces were recorded in the region of Ségou (central Mali). The
victims were suspected of association with armed or terrorist groups. According to
information provided to the Independent Expert, the victims were arrested by the
Malian armed forces on suspicion of collaboration with armed terrorist groups and
held in a military barracks, where they were tied up, blindfolded, hung upside down
for several hours and beaten during interrogations. After a few days, they were
returned to the relevant gendarmerie, and the abuses ceased. Detainees who were
interviewed repeatedly reported that commanders of the Malian armed forces were
aware of the situation or were responsible for encouraging such treatment.
75. The Independent Expert regrets that, during the reporting period, the Human
Rights Division was unable to obtain access to the detention facilities run by the State
security services and visit the persons held there. The Division had l imited access to
CMA places of detention and to the members of the Malian armed forces held there.
The Independent Expert recalls that the Human Rights Division must have access to
all detention centres operated by all military actors, including those run by the
Barkhane force, in order to monitor the rights and welfare of detainees from all sides.
F.
Refugees and internally displaced persons
76. During the reporting period, the Independent Expert was informed of several
incidents linked to forced displacements. According to information received, a
massive displacement of local people took place in five villages in the east of
Timbuktu on 11 May. The local authorities estimated that at least 190 families
(approximately 1,630 persons, including 860 women ) fled after CMA forces took
control of the area. Those forces reportedly looted shops, and residents fled fearing
further violence. On 18 August, following clashes between GATIA and CMA in and
around Anéfis, 112 km to the south of Kidal, several Idnan families in Anéfis fled for
fear of reprisals by the Platform.
14/18
GE.16-00837
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