A/HRC/23/38
(f)
Prosecute all violations, including those carried out before the postelectoral crisis, by lifting the restrictions on prosecution by State authorities; in this
regard, authorize the special investigation unit to go back to 2002 and deal with the
most serious human rights violations;
(g)
Draft and publish a strategy and action plan for the special investigation
unit;
(h)
Adopt an open criminal policy for the Ministry of Justice, Human Rights
and Public Freedoms as an expression of the State’s political will to combat impunity;
(i)
Amend the Criminal Code to ensure that serious crimes against
international human rights law and international humanitarian law are not subject to
any statute of limitations;
(j)
Establish a mechanism to protect victims, witnesses, judges, lawyers and
human rights defenders;
(k)
Bring Ivorian law into line with all the State’s obligations under the
Rome Statute of the International Criminal Court;
(l)
In accordance with the Rome Statute, fulfil the obligation to cooperate
with the International Criminal Court by responding to summonses issued by that
court, either by handing over the wanted persons to The Hague or by challenging its
competence where the Ivorian judiciary is already seized of cases involving the same
crimes and provides all guarantees of a just and fair trial;
(m) Improve the effectiveness of investigations and prosecutions, particularly
by strengthening the capacities of public prosecutor’s offices, courts and tribunals and
by making the necessary legislative reforms;
(n)
Reform the military justice system so as to bring it into line with
international standards, particularly with regard to the independence of prosecutions
from the Minister of Defence, civil parties’ involvement in proceedings and the
competence of the military courts in cases involving human rights violations.
Recommendations to the Dialogue, Truth and Reconciliation Commission
88.
The Independent Expert recommends that the Dialogue, Truth and
Reconciliation Commission:
(a)
Adopt a holistic approach to the truth that will promote justice based on
three broad perspectives: rigorous fact-finding, identification of those responsible and
determination of their root causes;
(b)
Speed up national consultations and disseminate information about the
work of the Commission in addressing public — and especially victims’ —
expectations with regard to the search for truth (the period and types of violations to
be covered, reparations, and the promotion of a culture of peace in Côte d’Ivoire);
(c)
Enrich the process of lasting reconciliation with the values, mechanisms
and traditional practices of peaceful coexistence, linking national unity in with the
Ivorian people’s heritage of diversity;
(d)
Speed up the truth-seeking phase of its activities;
(e)
Extend the Commission’s mandate on the basis of a progress report
detailing what has already been accomplished and what remains to be done;
18
GE.13-15028
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