A/HRC/31/76
of 195 detainees proposed for release, 43 had been the subject of reservations and 152
were eligible for release.
28. The Independent Expert wishes to emphasize that any measure that would
amount to an amnesty would be contrary to international law and in violation of the
commitment made by the parties to the Agreement on Peace and Reconciliation. He
was deeply concerned by the release in July 2015 of detainees suspected of or
formally charged with involvement in serious crimes, including war crimes, terrorist
attacks and gross human rights violations. Such releases have a negative impact on the
fight against impunity. The Independent Expert wishes to reaffirm the importance of
the fight against impunity and the need to investigate gross violations of human rights
in order to ensure accountability and prosecute those responsible for such acts.
29. In this regard, the Independent Expert is concerned about the fact that no judicial
investigation has been opened in connection with the case of 14 victims who have
filed for damages against Houka Houka for several human rights violations, including
amputation, rape and cruel, inhuman and/or degrading treatment. He notes that the
alleged perpetrator of these acts was released on 15 August 2014 as part of political
negotiations, without the victims being informed.
30. The justice system is not working as it should. Cases of human rights violations
that are reported and brought before the courts are either not taken up or experience
delays in the opening of judicial investigations. For instance, no progress has been
made in the case of 125 victims, including 40 survivors of sexual violence in
Timbuktu, on whose behalf a victims’ association filed complaints with the Timbuktu
prosecutor’s office in November 2014. Similarly, no criminal proceedings have been
instituted by the judicial authorities in relation to e mblematic cases of human rights
violations that have not been the subject of complaints. A clear prosecutorial strategy
should be developed in order to establish priorities and process cases. The competent
authorities should allow a single judicial body to be given jurisdiction for human
rights violations committed in the context of the crisis in the north of the country.
31. The effective capacity of the regional courts is seriously hampered by a lack of
material and human resources. For example, in the G ao region, in the court of first
instance, there is only a public prosecutor, the president of the court and an
investigating judge actually present. Similarly, in the Timbuktu court, there is only the
president, a judge and a prosecutor. In Mopti, in the districts of Tenenkou and
Youwarou, no justice system officials have been in place since January 2015 because
of the prevailing insecurity in these two areas. Although, under an order issued by the
Mopti Court of Appeal, officials are able to operate from the town, this is
unsatisfactory, particularly where criminal matters are concerned. Only the
gendarmerie is present on the ground; officers draft reports of offences and then
forward them to the judges concerned at irregular intervals (one individual whom the
Division met had spent 40 days at the Tenenkou gendarmerie before being transferred
to Mopti).
32. During his meeting with the Minister of Justice and Human Rights, the
Independent Expert was informed that efforts were under way to tackle this problem
and that mobile counselling centres should be operational shortly. The Independent
Expert recalled that the criminal law in force in Mali established important,
fundamental safeguards, but that the institutional framework did not provide sufficient
guarantees for the implementation of those safeguards. The State has the obligation to
provide the necessary resources.
33. On 4 August 2015, the President of the Truth, Justice and Reconciliation
Commission was appointed by the Council of Ministers, while the r emaining 14
commissioners were appointed by the Government on 15 October. Many of the
GE.16-00837
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