A/HRC/17/48 116. The Commission is well aware that the final determination of individual criminal responsibility must be made by a court in order to ensure the human rights of the persons concerned; nevertheless, the Human Rights Council is required by its mandate to identify those responsible. 117. Indeed, either through their actions or their positions, certain political figures can be held responsible. Thus, some political leaders, by refusing to recognize the results of the elections, calling for violence against particular individuals or groups and failing to condemn certain abuses committed by persons who claimed to be working for them, incurred responsibility. Of all the persons met, the Commission notes that former President Gbagbo and Chief of army staff Philippe Mangou are the only ones to have admitted to some form of responsibility in the events that occurred. The former stated that, as Head of State, he was also commander in chief of armies and, accordingly, was responsible for any acts that might have been committed by the Defence and Security Forces, while noting that, if there had been war crimes during a conflict, those who had committed such crimes should be questioned. The latter stated that, if incidents had occurred between the postelectoral period and his departure for the South African Embassy, he would not shirk his responsibilities. 118. In the light of the information that it has gathered, the Commission concludes that there are reasonable grounds for presuming, in relation to the post-electoral events, the individual criminal responsibility of certain persons whose names appear on the confidential list annexed to this report, which may be transmitted to the competent authorities for the purposes of a judicial investigation. VI. Conclusions and recommendations 119. The Commission concluded that during the period under consideration numerous violations of human rights and international humanitarian law were committed by different parties in Côte d'Ivoire. The many victims, mainly in the western, south-western and Abidjan regions, are continuing to pay a heavy price. 120. The political crisis and the armed conflict in Côte d'Ivoire stemmed from former President Gbagbo's refusal to recognize the results of the elections. The Commission considers that the impunity prevailing in Côte d'Ivoire is due notably to a failure to comply with the various recommendations made through the years within the framework of national and international initiatives to combat that scourge. In particular, the recommendations of the many international commissions of inquiry on Côte d'Ivoire have not been implemented. Côte d'Ivoire will know neither lasting peace nor stability unless it effectively brings to justice those who committed the crimes listed in this report. 121. The exploitation of ethnic identity, the manipulation of young Ivorians by political figures, turning them into instruments of violence, and unresolved rural land issues are among the underlying causes of the massive, serious violations of human rights in Côte d'Ivoire. The elections served as a catalyst for the unleashing of violence. 122. The Commission notes that, notwithstanding a normalization of the security situation in Abidjan and in several western towns, many violations continue to be committed. At the time of its visit to Liberia, Ivorian refugees continued to arrive, fleeing acts of violence by members of FRCI. The Commission is concerned about the presence in the streets of Abidjan and other towns or large number of young people carrying weapons, adding to the general sense of insecurity. The Commission is also 24 GE.11-14375 (EXT)

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