A/HRC/32/52
the Paris Principles, which focus on the independence and the participatory nature of
national human rights institutions. In order to properly carry out their work, such
institutions should not be under the de jure or de facto supervision of any other State
authority.
IV. The human rights situation
38.
During the period covered by this report, the Human Rights Division of UNOCI
documented 67 human rights violations, including 16 violations of the right to life, 31
violations of the right to physical integrity and 14 violations of the right to liberty and
security of person. The region with the largest number of human rights violations is the one
served by the Division’s office in Bondoukou, which recorded 16 human rights violations
during the reporting period. The main perpetrators were the Forces Républicaines de Côte
d’Ivoire (FRCI), which were responsible for 21 of the violations documented by the
Division, followed by the dozos (14 violations) and the gendarmerie (5 violations).
39.
During the same period, the Human Rights Division of UNOCI documented 11
violations of children’s human rights, including 3 violations of the right to life, 6 violations
of the right to physical integrity and 2 violations of the right to liberty and security of
person. Most of these violations were committed in Bondoukou by members of FRCI.
40.
With regard to sexual violence, the Human Rights Division of UNOCI documented
75 cases of rape, including 14 cases of gang rape and 7 of attempted rape. In most
instances, the victims were women or girls. Seven of the rapes were committed by State
agents. Twenty-six of the alleged perpetrators were being held in pretrial detention, while
14, including three FRCI members, had been convicted of indecent assault and given
sentences of between 1 month and 10 years’ imprisonment.
41.
The Special Representative of the Secretary-General on Sexual Violence in Conflict
visited Côte d’Ivoire from 25 to 27 May 2016 and held a meeting with the Independent
Expert. Her visit was intended to increase the visibility of the efforts undertaken by Côte
d’Ivoire to strengthen its justice system and to implement its national strategy to combat
gender-based violence.
V. Justice and national reconciliation
42.
The Ministry of Justice is proposing reforms in the justice system and the prison
services and is preparing amendments of the Criminal Code, the Code of Criminal
Procedure and the Civil Code. Magistrates, members of the Bar Association and academics
meet regularly to work on those proposals. The discussions concerning these reforms will
soon be opened up to other stakeholders that may have useful contributions to make. The
Ministry of Justice has already received initial drafts of the corresponding texts. The
Independent Expert wishes to draw attention to the need to ensure that the proposed
amendments include the introduction of a definition of rape in the Criminal Code, which is
unusual in that it sets out penalties for the offence but does not define it (art. 354), allowing
judges to apply their own definition. The Independent Expert considers that offences should
be defined by the legislature rather than the judiciary and notes that this would be more in
keeping with the principle of legality set out in article 21 of the Constitution of Côte
d’Ivoire.
43.
The introduction of a definition of rape in the Criminal Code presents a good
opportunity for the adoption of modern wording that incorporates the advances made in
comparative law in terms of how the offence is understood and categorized. In addition, it
GE.16-10958
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