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 13

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