A/HRC/35/43
by the President, should be held in order to bring together political parties, civil society
organizations, religious groups and traditional leaders; and (c) remissions that stop short of
a general amnesty should be granted to the perpetrators of violations committed during
political conflicts, in the interests of fostering social peace.
42.
In that regard, the Independent Expert stresses that, in cases of serious violations of
human rights and international humanitarian law, justice should always have its say before
measures that might be needed to bring about social healing are taken. He reiterates that the
balanced exercise of justice for all parties involved in the violent conflicts in Côte d’Ivoire,
delivered in accordance with the guarantees of a fair trial, forms an integral part of
measures for social healing.
B.
Criminal justice
43.
The proceedings in connection with the post-electoral crisis are still in progress. Of
the 17 pending cases, 12 have already been transmitted to the Indictment Division and 5 are
still under investigation. According to statistics dating from 5 December 2016, 31 out of 66
cases (67 cases were mentioned in the previous report) have been tried (6 more than in the
previous report), 29 cases have been brought before the Indictment Division and 6 cases are
currently before the Court of Appeal. Persons charged with an offence and accused persons
are no longer remanded in custody, with a view to encouraging pretrial release, satisfying
the requirements of reconciliation and avoiding prison overcrowding. However, in order to
ensure that accused persons appear before the courts, warrants of commitment are issued 10
days before trials begin, which means that, when they appear in court, such persons should
be in detention.
44.
The Independent Expert has been informed that the case of Nahibly camp is still
before the tenth investigations office and is about to be referred to the Indictment Division.
Following the exhumations that took place in relation to this case, 53 bodies have been
identified and their families have been traced. The death certificates have been drawn up.
The Government should now mobilize sufficient resources to organize an official ceremony
for the purpose of returning the bodies to close relatives, thereby enabling them to organize
a dignified burial of the deceased and truly begin their mourning.
45.
The trial of Simone Gbagbo, who is accused of committing crimes against humanity
during the 2010-2011 post-electoral crisis, began in late May 2016. In October 2016, the
defence lawyers withdrew from the trial when the assize court refused to call witnesses,
including several former and current political figures, in support of their client. In theory,
the President of the assize court may, at his discretion, take any measure required to
establish the truth, including the summoning of witnesses proposed by the defence, as
stipulated by article 310 of the Code of Criminal Procedure of Côte d’Ivoire. The court then
appointed other lawyers to represent the accused. However, these lawyers also withdrew a
few days after the hearings resumed on 21 February 2017. The accused was acquitted on 18
March 2017.
46.
The Independent Expert considers this decision to be an important milestone in the
building of reconciliation in Côte d’Ivoire, as it shows that the Ivorian judicial system does
not systematically find against all supporters of the former President of Côte d’Ivoire.
However, the accused will remain in prison because she has already been sentenced to 20
years’ imprisonment in a different trial for breaching State security. Furthermore, the
acquittal of Ms. Gbagbo by the assize court of Abidjan does not, in principle, affect the
proceedings currently taking place before the International Criminal Court, where the
former first lady is also being prosecuted for crimes against humanity. While being fully
aware of the difficulty of the task at hand, the Independent Expert would once again like to
point out that, to date, neither the national nor the international justice system has
demonstrated that it is determined to pursue with equal persistence all the parties
responsible for the violent crises suffered in Côte d’Ivoire. This remains a prerequisite for
lasting national reconciliation.
47.
The Independent Expert has learned that the case concerning the terrorist attacks in
Grand-Bassam has come before the Indictment Division. In the fight against terrorism, Côte
10
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