CAT/OP/MLI/1
88.
The Subcommittee also recalls the Code of Conduct for Law Enforcement
Officials, adopted by the United Nations General Assembly in resolution 34/169 of 17
December 1979, and the Guidelines and Measures for the Prohibition and Prevention
of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the
Robben Island Guidelines), adopted by the African Commission on Human and
Peoples’ Rights in October 2002.
J.
Impunity
89.
The Subcommittee is of the view that impunity is one of the key factors behind the
continued use of ill-treatment and torture, which undermines the rule of law and weakens
institutions, at the same time creating a propitious climate for such practices. No statistics
have been provided regarding officials brought to justice but it is clear that the failure to
prosecute the perpetrators of ill-treatment and acts of torture perpetuates a culture of
tolerance and impunity towards abuses committed by them.
90.
The situation observed by the Subcommittee is one of total impunity for the
perpetrators of acts of torture and ill-treatment, which, given the scale of such acts, is
wholly unacceptable. The situation will not improve so long as the perpetrators are
not held responsible for their actions in accordance with the Convention. The State
party must act immediately in accordance with Malian law and its international
obligations.
K.
System of complaints and visits and inspection of places of detention
91.
In theory, persons in detention have the right to lodge complaints, especially in
respect of ill-treatment or poor conditions of detention. However, that right is not regulated
and detainees have no choice but to approach the prison director or his or her staff, more
often than not via the cell or yard bosses. In its visits to various places of detention, the
Subcommittee found no trace of complaints by detainees in registers, either in prisons or in
police or gendarmerie stations, which supports the conclusion that there is in fact no
institutionalized complaints system.
92.
The Subcommittee also found only few signs that visits or inspections to places of
detention had been made by the Ministry of Justice, members of the judiciary, the national
preventive mechanism or non-governmental organizations, which is particularly serious
given the situation in such places, especially in the prisons.
93.
In the light of these observations, the Subcommittee reminds the State party that all
prison sentences must be implemented in accordance with the law, that pretrial detention
must be a measure of last resort, that imprisonment for failure to pay a debt is prohibited
and that one of the objectives of prison sentences is the subsequent reintegration of the
detainee into civilian life, principles which an effective complaints and inspection system
could help reinforce.
94.
The Subcommittee recommends that the authorities urgently establish a system
in which confidential complaints can be lodged with an independent body outside the
prison administration that gives them proper follow-up. All complaints of poor
detention conditions or ill-treatment and torture must be investigated promptly,
impartially and effectively, including through the prosecution of the perpetrators of
such acts, in conformity with articles 12 and 13 of the Convention. This will also make
it possible to combat impunity effectively.
18
GE.14-41827
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