A/HRC/34/72 the judicial unit on terrorism in Commune III of Bamako. Victims’ organizations would like to see the unit operating at the regional level, so that victims may be heard. 27. The Independent Expert regrets the slowness of judicial proceedings. He has not found any progress in the judicial proceedings involving military personnel, aside from the “Red Berets” murder case. In a previous visit, the Independent Expert had raised the issue of procedural red tape and the need to reform the Military Code. Cases followed up by the Independent Expert include that of a gang rape perpetrated in Sevaré in March 2015, in which it is alleged that the main instigator was a soldier, and that although the two civilians involved in the case had been detained under a committal order, the soldier appeared to enjoy complete impunity thanks to a special procedure established for persons with military status. 28. The Independent Expert notes that the functioning of the courts in the northern regions remains a problem. The Mopti court and five other jurisdictions in the region are operational, although the judges responsible for two cercle jurisdictions operate from Mopti, which causes difficulties for litigants. Five of the nine courts in the regions of Timbuktu and Gao are partially operational, while the Kidal court has remained completely closed since 2012. 29. The Independent Expert recalls that, since 2013, the Malian authorities have released approximately 220 persons arrested in connection with the conflict in the north of the country, chiefly at the request of armed groups in the framework of the confidence-building measures outlined in the peace agreement. According to some human rights organizations (the Malian Association for Human Rights and the International Federation for Human Rights Leagues), at least 46 of those freed were allegedly perpetrators of crimes against humanity, war crimes or other serious human rights violations. In the Gao region, several persons arrested and detained for their involvement in criminal acts resulting in civilian and military deaths (such as attacks on the Malian Armed Forces or planting of improvised explosive devices) have been released under pressure from armed groups. 30. The Independent Expert has taken note of the hearings that were held at the criminal courts in Bamako and Mopti throughout the month of May. Of the 180 cases heard, 16 concerned 45 persons accused of serious offences constituting human rights violations. However, of these 45 individuals, 32 were tried in absentia and most of them received the death sentence, which was subsequently commuted to life imprisonment. 31. In the fight against terrorism, however, there are signs of the impending operationalization of the specialized judicial unit, including the appointment of its chief on 12 September 2016. The order confirming the appointment of the remaining members of the unit, who have already been identified, is in the final stage of the administrative process. This operationalization should open up new prospects for the fight against terrorism. 32. The Independent Expert stresses the importance of supporting victims in their quest for justice, and has been pleased to announce that the trust fund programme of the Human Rights and Protection Division plans to assist 113 survivors of human rights violations and other victims of serious crimes related to the situation of armed conflict. The scarcity of funds needed for agencies of the United Nations system to implement care and psychosocial monitoring programmes remains a major challenge for the protection of these individuals. 33. On 30 November, an important milestone was reached in the fight against impunity for the most serious crimes committed in the north and the south of Mali since 2012, with the opening in Sikasso of the trial of Amadou Haya Sanogo and his co-accused, who face charges for their alleged role in the murder of the 21 “Red Berets” who disappeared on 30 April and 1 May 2012. 34. The Independent Expert welcomes the progress made in the operationalization of the Truth, Justice and Reconciliation Commission. The heads of regional offices, regional advisers and statement takers have all been recruited. There will be five subcommittees, responsible for gender, truth-seeking, victim support and reparation, awareness-raising and reconciliation, and studies, reports and documentation. On 18 May, the 10 new GE.17-02058 7

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