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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents