A/HRC/17/49
arrest in a presidential residence. His wife was sent to Odienné in the north-east of the
country where she also remains under house arrest. While some dignitaries of the Gbagbo
regime were sent to Bouna, Katiola and Korhogo, some FPI members are still in Abidjan,
where they are detained at the Hotel Pergola, allegedly as a protective measure.
41.
The same day, President Ouattara said in a televised address that he had insisted that
Mr. Gbagbo’s safety was guaranteed and announced that he would request that judicial
proceedings be opened against Mr. Gbagbo, his wife and those who were apprehended.
While President Ouattara’s assurances that nobody should be harmed during the arrest are
to be commended, it should be noted that Désiré Tagro, the former Interior Minister, died
on 12 May, the day after his arrest, of wounds allegedly sustained during the arrest. The
Human Rights Division has been informed that an autopsy will be conducted which will
shed more light on the circumstances surrounding his death. It is important for the
Government to conduct investigations into the circumstances of the death of Mr. Tagro.
42.
Regarding those persons arrested and detained at the same time as Mr. Gbagbo, the
Human Rights Division of UNOCI has engaged with the Government to ascertain the exact
numbers, their names and where they are being held. The Human Rights Division has had
access to some of the detainees in Bouna, Pergola and Bouaké. However, in Korogho, the
FRCI Commander has systematically denied human rights officers access to the detainees.
Where access was granted in Bouna, human rights officers met with seven key associates of
Mr. Gbagbo. The team noted that conditions of hygiene and sanitation were poor and the
cells were poorly ventilated, forcing the detainees to sleep outside in a tent. The toilets were
in the open air without regard for the privacy of the users. Three of the detainees need
special medical attention. Some detainees were reportedly being subjected to ill-treatment,
including death threats and forced exercise, by elements of the FRCI.
43.
In the interim, the office of the General Prosecutor has initiated preliminary
proceedings against Mr. Gbagbo and his close collaborators. Nonetheless, President
Ouattara has formally requested the International Criminal Court to prosecute crimes
committed since 28 November 2010. On 26 May, former president Gbagbo was
interrogated by the Abidjan Public Prosecutor accompanied by the Korhogo Public
Prosecutor. The interrogation took place in the presence of a committee of six African
lawyers formed to defend Mr. Gbagbo. It was the second interrogation of Mr. Gbagbo since
his arrest on 11 April 2011. It should be noted that during the first interrogation, on 7 May,
the lawyers of Mr. and Ms. Gbagbo were not present.
44.
The Human Rights Division is closely following up the cases of detention and
constantly reminding the relevant government authorities of their responsibility to ensure
full respect for the human rights of the detainees as well as ensuring that the issue of
amnesty be properly addressed to avoid a perception of selective justice which may also
have the potential of undermining efforts to combat impunity. UNOCI has continued to
meet with the Minister of Justice, the Prosecutor of Abidjan and the Military Prosecutor to
review all related aspects with emphasis on the need for respect for the due process rights
of all persons currently under detention.
XI.
Human rights situation after the arrest of Mr. Gbagbo
45.
While there is relative calm in most parts of the country under the control of the
FRCI, including Abidjan, confrontations between the FRCI and pro-Gbagbo militias and
mercenaries have resulted in many deaths and the destruction and looting of property.
Retreating pro-Gbagbo militias and mercenaries have targeted and killed individuals
identified as coming from the North, leaving a climate of fear, mistrust and serious
concerns about retaliation.
13
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