CAT/OP/MLI/1
7.
According to information supplied by the State party, a good number of responses
were incomplete or inadequate due to the lack of available statistical data. The
Subcommittee regretted in particular the absence of information on incidents of violence
among detainees and on complaints, investigation, prosecutions and convictions for acts of
torture or ill-treatment.
8.
The Subcommittee wishes to thank the liaison officer, Mr. Boubacar Sidiki Samaké,
technical adviser at the Ministry of Justice, and the authorities for their help during the visit,
especially in providing the official authorizations requested by the Subcommittee. As a
result, in most cases it was easy to gain access to places of deprivation of liberty.
9.
In general, the Subcommittee was able to visit prisons and undertake its work in a
satisfactory manner, notably through fully confidential private interviews with persons
deprived of their liberty, although an abnormally high number of detainees refused to meet
with the Subcommittee. In two specific cases, however, access was refused to cells of the
State security service in Bamako, on 7 December, and to cells in Bamako Central Prison
during attempted follow-up visits on 13 and 14 December, despite the efforts of the liaison
officer and the insistence of the Subcommittee.
10.
During the first two visits to Bamako Central Prison, on 6 and 7 December, the
prison authorities had attempted to hide the reality of conditions and to prevent the
Subcommittee members from meeting with all the detainees and interviewing them. Certain
detainees were moved from the prison after the first visit to prevent the Subcommittee from
interviewing them the following day, as had been arranged in agreement with the prison
management. A list of these detainees was requested but, despite the Subcommittee’s
strong insistence, it was not provided by the prison management, which was also unable to
convincingly explain the transfer of the detainees or why a list of those who had been
transferred could not be made available. Such behaviour is a serious matter and is a breach
of the obligations under the Optional Protocol.
11.
The Subcommittee also notes that the Government of Mali has not responded to its
preliminary confidential observations, even prior to the period of instability following the
coup d’état. Nonetheless, the Subcommittee hopes to be able to continue its dialogue with
the State party on the issues raised and the recommendations put forward in the present
report.
12.
The Subcommittee considers it highly desirable that in future the authorities
take the necessary measures to enable the Subcommittee to carry out its mandate in
full, in line with the international obligations freely undertaken by the State party.
III. National preventive mechanism
13.
The Subcommittee takes note of the establishment of a national preventive
mechanism but expresses its concern that the State party has assigned this function to the
National Human Rights Commission in the circumstances observed by the delegation. The
Subcommittee considers the present structure to be unsatisfactory, particularly due to its
lack of independence and the absence of funding.
14.
Under article 18 of the Optional Protocol, States Parties are required to guarantee the
functional independence of national preventive mechanisms and their personnel. They
undertake to provide for and make available the necessary resources for the functioning of
the national preventive mechanisms in accordance with the Paris Principles. Nonetheless,
the Subcommittee noted that the structure of the national preventive mechanism in Mali did
not allow it to act independently, free of interference from the State authorities, particularly
the prison authorities and the police. Indeed, the national preventive mechanism’s
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