A/HRC/32/52
proceedings. Out of 67 ongoing cases, 25 have already been tried, 25 are awaiting trial, and
17 are at the preliminary investigation stage. Judges with the Special Investigation Unit
make use of data collected by the National Commission of Inquiry. While the prosecutions
under way at this time relate to FRCI members, most of the defendants are currently at
liberty because the investigating judges are confident that they will appear before the courts
when summoned. Moreover, they cannot leave the country without judicial authorization.
49.
The second trial of Simone Gbagbo opened at the assize court for the Court of First
Instance of Abidjan on 31 May 2016. The defendant is accused of crimes against humanity
and war crimes allegedly committed during the electoral crisis of 2010-2011. The
Government of Côte d’Ivoire decided not to transfer Ms. Gbagbo to the International
Criminal Court, as it considered that the national justice system was capable of adjudicating
the case. On 30 May 2016, the eve of the trial, the International Federation for Human
Rights Leagues and two of its member organizations, the Ligue ivoirienne des droits de
l’homme (Ivorian League for Human Rights) and the Mouvement ivoirien des droits de l’
homme (Ivorian Movement for Human Rights), published an open letter expressing their
disagreement with the prosecution’s strategy. In their view, the prosecution of Ms. Gbagbo
as a sole defendant would not capture the wider picture of the wrongdoing that had been
committed, nor would it permit the criminal responsibility borne by each person involved in
that wrongdoing to be clearly established, since the acts attributed to Ms. Gbagbo were
closely linked to those committed by other persons allegedly responsible for acts of
violence during the post-electoral crisis.
50.
The NGOs also stated that they would stay away from the trial because the lawyers
for the civil parties had not been involved in the pretrial proceedings. Yet those same NGOs
continued to support Ms. Gbagbo’s trial under the Ivorian justice system, which they
regarded as the rightful jurisdiction. Accordingly, the Ivorian authorities placed special
emphasis on the exclusive discretionary power of prosecutors to choose a prosecution
strategy and to decide whether or not to join or sever cases concerning related acts.
51.
The Independent Expert considers that it was entirely legitimate for the human rights
NGOs to express reservations about a process that they regarded as flawed and to use legal
arguments to support their position. It is to be noted that they were free to do so, despite the
obvious sensitivity of the case in question. The Independent Expert also believes that the
trial of Ms. Gbagbo will have a significant impact on the national reconciliation process,
and he therefore urges the Ivorian authorities to ensure that it is conducted in a manner that
fully upholds the guarantees of a fair trial at all stages of the proceedings. Such guarantees
should be extended to the defendant as well as to the civil parties.
52.
The trial of the officers accused of participating in the 2002 assassination of General
Robert Guéï and his family members resumed on 25 January 2016. On 18 February 2016,
the military court sentenced General Dogbo Blé, former head of the Republican Guard,
Commander Anselme Seka Yapo, head of the close protection detail of the former First
Lady (Ms. Gbagbo), and Sergeant Daleba Sery to life imprisonment. Another 10 of the
accused were sentenced to 10 years’ imprisonment, and the 13 remaining defendants were
acquitted.
53.
As regards other cases linked to the post-electoral crisis, the Human Rights Division
of UNOCI was informed on 11 March 2016 of the provisional release of 10 “pro-Gbagbo”
detainees previously extradited from Liberia. Six of them had been held at the Bouna
Detention and Correctional Centre since 4 July 2012, while the other four had been held at
the Katiola Detention and Correctional Centre on charges of endangering the security of the
State. These persons were granted a presidential pardon under the decrees of 23 December
2015. On 22 March 2016, four individuals arrested for endangering the security of the State
and held since 4 May 2012 at Séguéla Detention and Correctional Centre were also granted
provisional release on the orders of the investigating judge of the Court of First Instance of
GE.16-10958
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