A/HRC/23/38
(a)
Ensure that mechanisms to combat impunity are in line with
international human rights standards and norms, and in practice reflect local
specificities;
(b)
Ensure efficient and effective collaboration and coordination among the
various national bodies responsible for combating impunity and providing
transitional justice, without detriment to their individual mandates (the Dialogue,
Truth and Reconciliation Commission, the special investigation unit and the military
court);
(c)
Strengthen the sharing of experiences and information among all
national bodies dealing with impunity and transitional justice, including the former
national commission of inquiry, and in particular the various investigation reports,
the pattern of human rights violations, exhumation work and the national
commission’s database, while maintaining the confidentiality of the information in
question;
(d)
Strengthen collaboration among national and international mechanisms
to combat impunity and particularly between the International Criminal Court, the
special investigation unit and the military court;
(e)
Improve communication, information and awareness-raising among the
population about the mandates, missions and specific activities of the various national
bodies dealing with impunity and transitional justice;
(f)
Ensure that the material, temporal and territorial competence of the
judicial and extrajudicial transitional justice mechanisms is as broad as possible, so
that they may fulfil their mandates effectively and without discrimination, and in
particular review the temporal competence of the special investigation unit, whose
mandate covers only the post-election period;
(g)
Extend the mandate of the Dialogue, Truth and Reconciliation
Commission if it has not completed its work by September 2013;
(h)
Ensure that the mandates of the Dialogue, Truth and Reconciliation
Commission and the new National Programme for Social Cohesion are clearly defined
and that their work and resources are coordinated.
87.
With regard to legal proceedings, the Independent Expert recommends that the
Government:
(a)
Make full use of the many reports issued by national and international
NGOs and international commissions of inquiry throughout the crisis in order to
initiate proceedings to identify the perpetrators of serious human rights violations;
(b)
In accordance with international law, either try or release persons who
have been detained for more than 2 years since the post-electoral crisis;
(c)
Prosecute all perpetrators of serious crimes, regardless of their status or
ethnic, religious or political affiliation;
(d)
Strengthen the independence of judges and prosecutors and provide the
judiciary with the necessary means to effectively carry out its duties;
(e)
Rule out the application of general amnesty laws in the fight against
impunity, especially for international crimes such as genocide, crimes against
humanity and war crimes, which are not subject to statutory limitations, and also for
serious human rights violations; in this regard, amend the amnesty ordinance of 2007
to bring it into line with international law;
GE.13-15028
17
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