A/HRC/23/38
and the administration of justice, as well as to provide material support for registries and
introduce a code ethics for judges.
35.
Although under Ivorian law witnesses are obliged to cooperate, there is no provision
for their protection. The Independent Expert recalls that victims and witness protection is
vital to the successful administration of justice.
36.
The Independent Expert notes that the special investigation unit is prepared to
follow up the report of the national commission of inquiry, in accordance with the
recommendations made to the Government. The instigation of legal proceedings against
those responsible for human rights and international humanitarian law violations, from
across the political spectrum and including individuals seen to be close to those currently in
power, is a recommendation made regularly by the Human Rights Council, the 2011
international commission of inquiry and the Independent Expert. The various arrests made
following the post-election crisis continue to give the impression of a two-tier justice
system. The Independent Expert reiterates that violations were committed by both sides
during the Ivorian crisis, and the exhumation of bodies following the post-election crisis
marks the start of psychological and non-material reparation for victims. However, the
Independent Expert has noted that most of the inquiries commissioned are still at the
preliminary stage, particularly those concerning the Nahibly camp and the mass graves at
Duékoué.
37.
The Independent Expert is concerned by the rotation of judges during the judicial
year, which can have considerable consequences for the situation of detainees.
38.
The tendency to arrest individuals on the generic charges of breaching State security
and later release them may harm the authorities’ credibility.
39.
The Independent Expert recalls the importance of having a protection mechanism for
witnesses and victims during the current legal proceedings and the next public hearings of
the Dialogue Commission. The Independent Expert has been informed that the international
partners of Côte d’Ivoire are willing to help in this, draw up a strategy and plan for
investigations and establish a special registry.
40.
The investigating judge of the first chamber of the Abidjan military court indicated
that his court, which is also competent to try offences committed by gendarmes and police
officers, is currently investigating more than 100 offences committed during the postelection crisis; there are also several cases of violations committed by the Forces
Républicaines de Cote d’Ivoire (FRCI). The judge recalls that many of the FRCI members
who committed offences do not have identification numbers because of their background
(former members of the Forces armées des Forces Nouvelles or ex-militia members). He
has therefore decided to prosecute them under article 6 of the Code of Military Procedure as
“persons who, while not legally or contractually connected to the Armed Forces, are
brought or kept under their control and serve with them”.
41.
Despite the assurances given by the authorities, the needs relating to military justice
are vast. The Ivorian Code of Military Justice does not meet international standards on fair
trial, notably as regards the role of the Minister of Defence in proceedings.
3.
Situation of detainees
42.
It has also been recommended that the Ivorian Government allow detainees to
receive visits from organizations responsible for monitoring detention centres and ensuring
that the detention conditions for former senior officials and other detainees are brought into
line with international standards. The UNOCI Human Rights Division has noted an
improvement in the detention conditions at the Campagnie territoriale de Korhogo.
Nevertheless, two civilians were apparently still being detained there at the time of the
GE.13-15028
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents