A/HRC/19/72
jurisdiction in two letters to the Court’s Prosecutor dated 14 December 2010 and 3 May
2011.
37.
On 3 October 2011, Pre-Trial Chamber III authorized the prosecutor to investigate,
proprio motu, crimes falling under the Court’s jurisdiction which had allegedly been
committed in Côte d’Ivoire since 28 November 2010, as well as any future crimes that
might be committed in the prevailing situation. Former president Laurent Gbagbo was
handed over to the International Criminal Court by the Ivorian authorities on 29 November
2011 pursuant to an arrest warrant issued by the Court on 23 November 2011. According to
the Court, Laurent Gbagbo bore individual criminal responsibility, as an indirect
perpetrator, for four counts of crimes against humanity, involving murder, rape and other
sexual violence, acts of persecution and other inhuman acts, which were allegedly
committed in the context of post-election violence on the territory of Côte d’Ivoire between
16 December 2010 and 12 April 2011.
38.
On 5 December 2011 Pre-Trial Chamber III of the International Criminal Court set
18 June 2012 as the opening date for the confirmation of charges hearing in the case The
Prosecutor v. Laurent Gbagbo. The decision was announced during Laurent Gbagbo’s first
appearance before the Court. During the hearing, Pre-Trial Chamber III, in the presence of
the prosecution and the defence, ascertained Mr. Gbagbo’s identity and ensured that he had
been informed of the charges against him and of his rights under the Rome Statute.
39.
In response to the independent expert’s questions about coordination between
domestic prosecution and the International Criminal Court, the Ivorian judicial authorities
confirmed that on 18 October 2011 the Government had signed a cooperation agreement
with the Court. It was in the framework of that agreement that the Government had helped
to enforce the warrant for the former president’s arrest. According to the authorities, the
transfer of Mr. Gbagbo to The Hague had been carried out in full compliance with the
country’s laws on judicial cooperation and extradition. The arrest warrant, signed and
sealed on 23 November 2011, had been duly served on Mr. Gbagbo’s lawyers. He had been
informed of his rights and the prosecutor had prepared a report of the hearing to establish
identity. The prosecutor had also prepared a report of the arraignment. Mr. Gbagbo’s
lawyers appeared, at the prosecutor’s request, before the court’s indictment division, which
handed down its decision. Laurent Gbagbo’s lawyers contended that the former president’s
transfer constituted a kidnapping.
2.
Non-judicial mechanisms
40.
The Dialogue, Truth and Reconciliation Commission was established under order
No. 2011-167 of 13 July 2011. Its purpose is to work independently to ascertain the truth
about past and recent national socio-political events in order to achieve national
reconciliation based on respect for the Ivorian people’s differences and coexistence.
41.
From 16 to 18 November 2011 the independent expert attended induction training
for members of the Dialogue, Truth and Reconciliation Commission that was organized in
cooperation with UNOCI and the Office of the United Nations High Commissioner for
Human Rights. Former members and experts of the truth and reconciliation commissions of
South Africa, Sierra Leone, Ghana and Liberia shared their experiences with the members
of the Commission. Members of the diplomatic corps, the Deputy Special Representative of
the Secretary-General of the United Nations in Côte d’Ivoire, and representatives of NGOs
also participated in the event.
42.
On 7 December 2011 the independent expert participated in a conference for
stakeholders and partners in the process of transitional justice in Côte d’Ivoire, organized
by the UNOCI Human Rights Division, to improve coordination between bilateral and
multilateral partners in support of the Dialogue, Truth and Reconciliation Commission.
GE.12-10060
9
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