93. For the specific situation of women and children, readers should please refer to the
paragraphs dedicated to them in this report.
Right to Life and Physical and Moral Integrity (Article 4)
94. The Constitution of 25 February, 1992 and the Criminal Procedure Code establish
personal safety and security through several provisions.
95. Under Article 1 of Title One of the Constitution on rights and responsibilities: “the human
being shall be sacred and inviolable. Any individual shall be entitled to life, freedom, safety
and integrity of his person. ”
96. Thus, Articles 2, 3, 4, 5, 9, 10 and 12 provide guarantees against arbitrary arrests, acts of
torture and other cruel, inhuman or degrading treatment.
97. The death penalty is recognized by the law (Art. 4 of the Criminal Code), but its
execution will be suspended until delivery for pregnant women and after the weaning of
children for breastfeeding women (Art. 11 of the Criminal Procedure Code).
98. Since 1980, no execution has taken place in Mali. Under the Third Republic, death
sentences were commuted to life imprisonment or determinate sentences by the Head of
State, in accordance with right of pardon he derives from Article 45 of the Constitution which
establishes a sort of de facto moratorium on the death penalty.
99. It should be emphasized that at a cabinet meeting of 17 October, 2007, the Government
adopted a draft bill on the abolition of the death penalty which was submitted to the National
Assembly. However, this draft bill has still not been passed by the Assembly because most of
the parliamentarians are opposed to it.
Prohibition of Torture and Cruel, Inhuman or Degrading Punishment and Treatment
(Article 5)
100. Article 3, Paragraph 1 of the Constitution states: “No one shall either be subjected to
torture or inhuman, cruel, degrading or humiliating punishment or treatment.” Furthermore,
“any person subjected to a measure which deprives him of his freedom shall be entitled to an
examination by a doctor of his choice.” (Art. 10, Paragraph 1 of the Constitution).
101. The above constitutional provisions derive from the Universal Declaration of Human
Rights of 10 December, 1948, the African Charter on Human and Peoples’ Rights of 27 June,
1981 and the United Nations Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment as well as its Optional Protocol ratified by Mali in 1995
and 2005 respectively.
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