agents authorized to that effect under the direction of the Attorney General, the supervision of
the Director of Public Prosecution and the control of the Court of Criminal Appeal (Art. 31).
115. For the requirements of the investigation, Article 76 of the Code permits the criminal
investigation officer to hold any person for 48 hours, with the exception of minors. This
period of police custody may be extended by 24 hours upon a written authorization from the
Attorney General. Whatever the case may be, any person who is a suspect, is undergoing trial
or has charges preferred against him is presumed innocent as long as his guilt has not been
established; he is entitled to know the charges preferred against him and to be assisted by
counsel.
116. It should be stated that the Minister of Justice and Attorney General has expressly
instructed state prosecutors and justices of the peace with extended powers “to systematically
and rigorously monitor the services of the Police, Gendarmerie and the prisons in order to put
an immediate end to all forms of human rights violation”.
117. It should finally be noted that the provisions of the Criminal Procedure Code on the
rights of the defence (Art. 103 to 108, 110, 112, 128, 135 and 136) should be observed,
failing which both the act itself and the subsequent procedure will be rendered null and void.
118. The above-mentioned measures constitute significant strides in the area of judicial
procedures in Mali. However, it should be acknowledged that, in reality, their application
poses serious problems due to the inadequacy of material and human resources.
The right to a fair trial (Article 7)
119. The right to justice is one of the foremost human rights. It enables the citizen to be
heard by the judge and to deduce his right. It equally prevents the individual from
substituting his justice for that of laws. Consequently, access to justice is fundamental in
the rule of law.
120. That is why the Ten-Year Justice Development Programme (PRODEJ) provides
coverage of Mali's territory in all jurisdictions and their equipment with logistics as
well as their provision with competent and efficient human resources.
121. According to the Constitution and international standards, justice is rendered in
Mali based on the principles prescribed by international and regional legal instruments
on human rights.
122. The right to an effective remedy and the right to a fair trial are complementary. In
the absence of one, the individual cannot assert his fundamental rights and obtain
redress for their violation.
123. There is a body of texts that establish the material framework for the exercise of
this right, including the Criminal Procedure Code which regulates criminal
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