CAT/OP/MLI/1
24.
The Subcommittee recommends that a medical examination be performed on
all persons arrested as soon as possible after they are brought into custody, especially
if they show signs of ill-health, whether ensuing from their arrest or not. These
medical examinations should be free and should be performed in accordance with the
Manual on Effective Investigation and Documentation of Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (Istanbul Protocol).
Right to notify consular authorities of detention
25.
The Subcommittee met numerous foreigners among the prison population, many of
whom came from the countries bordering Mali. The great majority of them stated that they
had not been able to communicate with the consular authorities of their countries, or even
to contact their families in their countries of origin. As a consequence, they had not
benefitted from the consular protection provided for foreigners deprived of their liberty,5
and it appears that any request of this nature is systematically refused by the authorities.
26.
The Subcommittee recommends that the authorities take the necessary
measures to ensure that consular authorities are systematically notified of the
detention of one of their citizens and that the information is duly recorded in the
custody register (person contacted, date, time).
Duration of custody
27.
The Subcommittee also noted that, frequently, the period of custody of persons
arrested was wrongfully extended in most police and gendarmerie stations, with no record
of the date and time of the commencement of custody, or no official authorization to extend
custody. It appeared that, in most cases, the public prosecutor’s authorization to extend
custody beyond 48 hours was given orally, in breach of article 76 of the Code of Criminal
Procedure. The lack of written evidence of such authorization made it almost impossible to
check the validity of custody. The Subcommittee also observed that it was standard practice
to keep any person arrested on Friday in custody over the weekend, since he or she could
not be presented to the public prosecutor or the public prosecutor’s office at the weekend.
The maximum length of custody is therefore regularly exceeded. Examination of the
registers also made it clear that while many persons are held in custody, few actually come
before a judge, which could indicate a systematic recourse to custody during investigation
without real justification. In this regard, the very large number of persons placed in custody
as part of a simple identity check procedure or arrested without justification is significant
and raises particular concern.
28.
The Subcommittee recommends that the maximum length of custody and
related extension procedures, as provided for by Malian law, be strictly observed by
police and gendarmerie officers, and that the judicial authorities undertake effective
and regular monitoring in this regard of both the length of custody and the
justification for it. The keeping of related registers should also be improved (see
paragraphs 73–77 below).
Use of pretrial detention
29.
The Subcommittee found that pretrial detention is frequently used in breach of
Malian law, often lasting well in excess of the legally permissible maximum of 3 years
(article 135 of the Code of Criminal Procedure). The Subcommittee even encountered three
cases of persons who had been held in pretrial detention for 8 years and numerous cases of
5
GE.14-41827
Body of Principles, Principle 16.
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