22
In 1985 the Commandant of the Cercle participated in a human rights training
workshop. A workshop on the same subject was held for magistrates and
registrars in 1996.
He identified the poor state of thc building as the main problem facing the
prison in Tombouctou. What is required is a new building and not renovation
of the existing one.
The Judiciary
Tombouctou has a magistrate Court Grade I which is under the Court of
Appeal in Mopti. There are seven magistrates in thc Tombouctou Cercle,
three at the public prosecutor's department (Parquet) and four on the bench
(Siege).
The Special Rapporteur met 4 of the above and a Court Clerk who stated that
the penal procedure code made provision for bail with or without guarantee.
Limitation periods for offences ranged from 1 year for infraction of the law
(misdemeanour); to 10 years in the case of murder.
The Public Prosecutor, Christian Idrissa Diassana
He granted me permission to visit Police and Gendarmerie cells in Tombouctou
Brigade of Gendarmerie of Tombouctou Sandogo, Head of Station
Brigade of Gendarmerie of Tombuctu Sandogo, Head of Station
The second official above explained to me that the Gendarmerie, commanded
by a Captain was based in Goundam (regional headquarters). The gendarmerie
acted as the police of the judiciary and were entitled to keep people in custody
for questioning. But there were no detainees thtat day, and the Agent Chef
asserted that they were not kept beyond the legal limit of 72 hours.
Ther one cell I visited was about 1.5 metre x 4m. It was a very warm day, and
it felt so inside the cell. A guard stated that it was either very warm (day) or
very cold (night). They, therefore tried to avoid detaining people there. The cell
had neither blankets, mats nor toilets.
Visit to a detainee transferred to Hospital
In the company of the Registrar of Tombouctou prison, 1 visited a prisoner
who had been transferred to the regional hospital from prison not long before
my visit, it would appear.
23
The Registrar stated that he received no medicine from DNAPES. Their only
source of medicine was private mainly ICRC. It appeared, however, that the
hospital was in charge of the medicine for the prison.
On my visit to the prison, the inmates stated that they had to pay for their
medicine.
Police Post, Commissioner Bougadany Toure
On the first visit, I was asked to come back later.
On the latter occasion the Commissioner informed me that the Police did not
keep more than 10 persons per month in custody. The 72 hours limitation
period was always respected.
A detainee at the post, however, informed me that he had been detained there
for 9 days. He did not find the conditions in the cell satisfactory.
In visiting the cell it was noticeable that there was no toilet and that a corner
of the room was used as a toilet. There was neither mat nor blanket in the cell
which measured about 2m per 3m with poor ventilation.
Visit to Tombouctou Prison
DNAPES had informed the Registrar of my visit. After a short discussion
with the registrar, he took me round the prison. A meeting with the inmates
alone concluded the visit. The prison was built in 1925 with a maximum
capacity of 500. But because sections of it collapsed, and the remainder may
soon do so, it now has a very reduced capacity. Prisoners were no longer being
brought from Bamako.
At the time of the visit there were 36 inmates of whom only 3 had been tried
and convicted. The rest were on remand. The prison staff comprised 2
guards (soldiers) and the registrar (civil servant).
Each of the two guards works one week of 7 days for 24 hours each day. Each
guard does so twice a month.
There were no women in the prison, and what used to be the women's wing
was being used by men because it was not secure enough. Whenever there
were any female prisoners they were kept in the adjutant's house. Because of
lack of space women were rarely arrested. Whenever women were detained
the authorities endeavoured to release them as soon as possible.
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