A/HRC/26/53
B.
Administration of justice
37.
Impartiality and independence are two of the defining characteristics of an effective
justice system which forms part of an efficient public service. According to most of the
persons interviewed, these two elements have often been lacking in the Central African
Republic. The judicial and prison system requires strengthening and the criminal justice
system must be re-established across the country in the interests of the sound administration
of justice. Regarding the fight against impunity, the transitional authorities have taken steps
to restore the criminal justice system by establishing units to investigate human rights
violations. The placement under judicial supervision of the self-proclaimed anti-Balaka
coordinator on 17 April 2014 is an example of the efforts made by the transitional
authorities in this regard. Efforts are also being made to reopen prisons and detention
centres and to train the police, the gendarmerie and justice officials. The country’s
judiciary, police force and prison system lack the necessary human, financial and material
resources for the proper functioning of justice. Clear examples of the challenges facing the
transitional authorities include securing detention centres and ensuring the safety of judges
and of courthouses during trials. On 3 March 2014, anti-Balaka elements stopped a public
hearing against three of their members, and on 4 March 2014 the gendarmerie intervened to
prevent the kidnapping of a registrar by the anti-Balaka. On 6 March 2014, during her visit
to the central prison in Bangui, the Independent Expert almost witnessed the escape of nine
anti-Balaka detainees. She later learned that all of the 11 detainees in the central prison in
Bangui, who were former members of the Central African Armed Forces associated with
the anti-Balaka, had escaped. There is also the issue of protecting witnesses and victims,
which is an essential part of any effective policy to combat impunity.
38.
Moreover, most of the judicial infrastructure has been destroyed, and the number of
judicial officers, judges and registrars in both Bangui and the rest of the country is
insufficient. At the time of the Independent Expert’s second visit, there were 211 judges in
the Central African Republic, 20 of whom had been reduced to non-active status. She
subsequently learned that, in addition to the courts in Bangui, those courts in Berbérati and
Bambari were operational. MISCA and the Sangaris force also increased their assistance to
the police for the arrest of criminal suspects, particularly military personnel. According to
Ministry of Justice officials, this international assistance is required, because it helps to
overcome the bias currently shown by most of the Central African security forces.
BINUCA has trained more than 40 prison governors, but they lack practical experience in
establishing prison management systems. The international community also supports the
training of police officers and registrars, but the needs are such that the efficacy of such
action is limited.
39.
The provision of pecuniary and non-pecuniary compensation for victims, including
collective reparations as an aspect of social justice, has never been addressed in the Central
African Republic. The transitional authorities with whom the Independent Expert spoke
advocated the use of transitional justice as a means of stepping up the fight against
impunity and better providing for individual and collective reparations.
C.
Promotion and protection of human rights
40.
The Independent Expert was informed that, at the request of the transitional
Government, the Office of the High Commissioner for Human Rights provided assistance
for the establishment of a national human rights commission in accordance with the
Principles relating to the status of national institutions for the promotion and protection of
GE.14-03816
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