A/HRC/23/38
detainees, who are under the jurisdiction of the public prosecutor’s office. The Independent
Expert recalls the need to grant full respect for their rights, improve their detention
conditions, specify their legal status and try them in accordance with due process.
49.
The Independent Expert congratulates the Ivorian authorities for their full and
unstinting cooperation in allowing him to access and meet with these detainees.
4.
Promotion and protection of human rights
50.
The Ivorian Government was asked to develop a human rights promotion, training
and awareness-raising programme. Practical efforts have been made to protect human
rights, notably in dealing with civilian detainees held in military detention centres. The
number of human rights violations attributable to the FRCI, including arrests for crimes
against State security, declined considerably from January to April. Clashes with the
general public still occur, however, particularly in Nahibly and Port-Bouët, where the FRCI
continue to interfere in land disputes. The Independent Expert welcomes the establishment
of a joint body by the chief of staff of the Armed Forces and the UNOCI Human Rights
Division to monitor FRCI violations.
51.
The Independent Expert notes that the vast majority of victims of human rights
violations still do not obtain reparation and are not represented by defence lawyers.
Nevertheless, he has been informed of several joint initiatives taken by the Government and
the country’s international partners to strengthen citizens’ access to justice, for example by
establishing legal clinics in six regions of the country and by training judges.
52.
The Independent Expert notes with satisfaction the recent establishment of the
National Human Rights Commission, even though it has existed in law since December
2012. The establishment of this institution is important to the credibility of the ongoing
democratic reconstruction process. The Commission’s balanced membership in terms of
institutional representation, gender and areas of expertise in human rights is an encouraging
sign that it will function properly.
5.
Combating sexual violence
53.
It was recommended that the State should provide victims of sexual violence with
medical and psychological assistance and means of reparation, and prosecute perpetrators.
The Independent Expert notes an increase in acts of sexual violence, particularly gang
rapes, rapes of minors and rapes in school. Although rape is classified as an offence in
Ivorian legislation, the fact that the assize courts have not been sitting has led the courts to
reclassify the offence as “indecent assault”, which carries trifling penalties. The need to
produce evidence of rape also poses a major obstacle. The Independent Expert wishes to
remind the State that, although medical certificates play an important role in the
prosecution of rape cases, they are not essential. He deplores the fact that police officers
and officers of the criminal investigation service insist on seeing a medical certificate to
take victims’ complaints. Despite efforts by the judiciary, female genital mutilation still
takes place, due to the pervasiveness of cultural attitudes. It appears that no specific training
on dealing with cases of sexual violence has been provided to the police, the gendarmerie
or the Armed Forces, and that no legal aid has been provided to the victims.
6.
International human rights commitments
54.
To date, Côte d’Ivoire has signed a large number of relevant human rights
instruments, and these are awaiting ratification by parliament. The UNOCI Human Rights
Division has informed the Independent Expert that, with parliament, it has developed a
strategic plan on ratification. The Independent Expert notes with satisfaction that human
rights training has been incorporated into the education system. He now urges the
GE.13-15028
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