A/HRC/35/43
d’Ivoire has cooperated with partner States to establish conditions in which it can apply for
and enforce rogatory commissions. Another suspect in this case was arrested in early
January 2017.
48.
With regard to the issue of toxic waste, the Independent Expert has learned of the
court’s decision to hand down several sentences but is concerned that they have not been
accompanied by any warrant of commitment, which means that the persons convicted are
allowed to remain at liberty.
C.
Military justice
49.
The report on the military justice system for 2016 has been made available to the
Independent Expert. It describes current proceedings and completed cases relating to the
disproportionate use of armed force, attacks on civilians by the defence forces and sexual
violence. The Independent Expert has taken note of the sanctions imposed on perpetrators
of violence by the military court.
50.
The Independent Expert also recalls that a mechanism for monitoring human rights
violations committed by members of the Republican Forces of Côte d’Ivoire was
established in 2015. This mechanism, which was initially run as a joint operation by
UNOCI and the armed forces of Côte d’Ivoire, was extended to include the National
Human Rights Commission of Côte d’Ivoire and then taken over by it. The Independent
Expert notes with satisfaction that this mechanism still exists and continues to meet on a
monthly basis.
51.
The Independent Expert has learned that training, awareness-raising and high-level
advocacy activities are carried out with the military to eradicate violence and sexual abuse.
The persons in charge of the monitoring mechanism have highlighted the initial and inservice training needed to raise awareness of issues concerning the protection of the
population and the need to broaden the range of subjects addressed to include citizenship,
civics and military leadership. The activities undertaken by the mechanism have received
significant support from the United Nations system and, to date, the results have been
positive.
52.
In June 2016, a decree establishing a national committee to combat conflict-related
sexual violence was adopted. This committee, which is chaired by the President of the
Republic, takes the form of a board comprising representatives of key ministries and a
group of experts. The group of experts is responsible for drawing up an action plan,
accompanied by a budget for the committee. During his visit, the Independent Expert noted
the committee’s intention to create a database of cases of sexual violence committed by
members of the security forces (the army, police, gendarmerie, customs officials, and water
and forestry authorities).
53.
With regard to the more general question of the need to raise the moral and
professional standards of the armed forces, the adoption of a charter of ethics and a code of
military conduct is still pending. A new law on military planning for 2016-2020 has been
adopted and a draft decree on the status of military judges is due to be signed by the
Government, and specifically by the Ministry of Defence and the Ministry of Justice. This
new status would give greater independence and authority to military judges in exercising
their functions. The decree also provides for the establishment of an independent special
commission responsible for the monitoring and career progression of military judges. The
Independent Expert notes that appropriate training in the areas of citizenship and human
rights would make the armed forces more aware of their role in protecting the stability and
security of the country, thus enabling that stability and security to flourish in optimal
conditions, and of their vital role in protecting the civilian population.
D.
Abidjan Detention and Correctional Centre
54.
The prisons of Côte d’Ivoire, including the Abidjan Detention and Correctional
Centre, continue to suffer from dilapidation and overcrowding. With the support of the
GE.17-08076
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