BAMAKO 12 Dec (ANA) - Amnesty International is urging the Malian authorities not to vote in a new law which may allow the perpetrators of killings, torture and other atrocities to escape justice.

 

On 13 December Mali’s National Assembly will examine the ''National Understanding Act'' (Loi d’entente nationale) which has vaguely worded provisions.

 

The law could lead to “abandoning the prosecution of those involved in an armed rebellion if they have no blood on their hands,” according to the statement to the Nation made by Mali President on 31 December 2017.

 

“Members of the security forces responsible for human rights violations and members of the armed groups who perpetrated horrendous human rights abuses may never be brought to justice if the draft passes into law,” said Samira Daoud, Amnesty International’s West and Central Africa Deputy Director.

 

"This law would be an insult to thousands of victims of the ongoing conflict in Mali. It would also be a serious threat to Mali’s obligation to investigate and prosecute crimes under international law, including extrajudicial killings, torture and enforced disappearances. The fight against impunity must be the priority for Malian authorities.”

 

Amnesty International’s analysis of the draft law found that it does not comply with Mali’s obligations under international law, including the Rome Statute, the UN Convention against Torture and the UN Convention for the protection of all persons from enforced disappearance.

 

Article 4 of the draft law indeed specifies that amnesties shall not be provided to authors of “war crimes, crimes against humanity, rape and other imprescriptible crime.” However, this provision does not prevent amnesties for other crimes under international law such as torture and enforced disappearances. It may also allow amnesties for perpetrators of other serious crimes under Malian law including murder, torture, violence against persons, abductions, among others.

 

The United Nations Declaration on the Protection of all Persons from Enforced Disappearance also states: "Persons who have, or are alleged to have committed offences-acts of enforced disappearance- shall not benefit from any special amnesty law or similar measures that might have the effect of exempting them from any criminal proceedings or sanction."

 

Confirming fears expressed by civil society organizations in a joint letter in March this year, the draft law if passed could result in a denial of truth and justice to the victims of crimes under international law and human rights abuses and their families.

 

Mali is facing more than six years of armed conflict in which hundreds of people were killed, and there were dozens of enforced disappearances, extrajudicial executions and cases of torture. Malian authorities have largely failed to investigate the human rights abuses committed both by armed groups and state security forces since the conflict began in 2012.(ANA)

FA/ANA/12 December 2018-----