A/HRC/36/64 been held in the provinces. As a result of the dire security situation and the lack of detention facilities outside Bangui, the effectiveness of these courts remains to be determined. 96. Many judges have yet to reassume their posts in the field owing to security and logistical issues. For example, the courts have not sat in Bouar for the last three years because of the lack of judges. 97. Following an initial session of the court of assizes in 2015, the first in almost five years, a series of 55 criminal trials was held between 26 August and 26 September 2016, involving cases of murder, rape, looting, conspiracy to murder and illegal possession of weapons. 18 The Independent Expert encourages the judicial authorities to hold such sessions on a regular basis in order to fight against the widespread sense of immunity in the country. 98. The Independent Expert took note of the adoption, on 24 March 2017, of the Military Justice Code, which provides for the prosecution of members of the armed forces for indictable offences they have committed. She calls for the law to be disseminated widely and implemented. 99. MINUSCA provides the judicial authorities with technical assistance, including capacity-building relating to knowledge of the law. The separation of powers constitutes a matter for concern, given that more than 17 per cent of serving judges reportedly also hold political posts. 100. With regard to prison administration, a number of major challenges remain, including the lack of detention facilities outside Bangui and the extremely poor conditions of detention, which are due in particular to a lack of funds for food for detainees and to prison overcrowding. In some locations, such as Bouar, detainees are suffering from malnutrition. V. Conclusions and recommendations A. Conclusions 101. The security situation has worsened dramatically since the previous report and the oral presentation of March 2017 following advances by the armed groups, who currently control 12 out of country’s 16 provinces in the south and centre. The Independent Expert notes that, in those areas, the armed groups are killing, looting, burning down houses and assuming sweeping powers, including in the fields of justice administration and tax collection, as the State and MINUSCA watch on, virtually impotent. She has warned of the worsening of the security situation throughout the period and of the slow progress in restoring effective State authority outside Bangui. The current security situation is discouraging State employees from taking up posts in certain regions that are in the hands of armed groups, thus preventing any headway from being made in the establishment of a law-based State. 102. The Independent Expert has taken due note of the efforts made by the authorities to implement their road map and the sectoral action plans, as well as the institutional reforms adopted. However, she observes that, without a cessation of hostilities and without the disarmament, demobilization, repatriation and reintegration of the armed groups, it would be completely unrealistic to expect the other urgent measures to promote the rule of law, justice and economic recovery to have any real impact. 103. The Independent Expert encourages the MINUSCA peacekeeping force to redouble its efforts to protect civilians threatened by the myriad armed groups committing abuses. Many civil society organizations continue to call for the lifting of 18 GE.17-12914 Human Rights Watch, “Killing Without Consequence”, July 2017. 15

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