A/HRC/23/38
Independent Expert’s visit. Detainees at the National Surveillance Directorate are still
incommunicado and do not receive visits from their families or lawyers and detentions in
FRCI camps continue.
43.
The Independent Expert notes that assize courts in Côte d’Ivoire have not been
established in accordance with the International Covenant on Civil and Political Rights.
Due process, particularly regarding the rights to a defence and appeal, is not properly
observed. Judicial authorities therefore face a difficult choice over how to reconcile the
need to defuse the explosive situation of prison overcrowding with the fact that the assize
courts do not yet meet international standards.
44.
In Bouna, the Independent Expert visited around 15 detainees extradited from
Liberia who have been detained since June 2012. These detainees complain of poor
detention conditions, the absence of defence lawyers and being detained in cells for
convicted prisoners.
45.
Also in Bouna, the Independent Expert visited former Prime Minister Affi
N’Guessan, who condemned the irregular conditions of his unlawful detention, which has
lasted two years. He firmly believed that the serious crisis facing Côte d’Ivoire can only be
completely resolved with the cooperation of all political forces in the country. The former
Minister of Defence, Lida Kouassi, claimed to have been arrested in Togo, beaten and
forcibly repatriated. Both of these detainees are forced to use their own resources to obtain
food and health care. The Independent Expert believes that the recent decision of the
Ivorian Government to allow a delegation of FPI leaders to visit these two detainees in
Bouna is a positive step that will encourage political dialogue.
46.
At the Sainte Anne-Marie International Polyclinic, the Independent Expert met with
Kuyo Téa Narcisse, former chef de cabinet of President Laurent Gbagbo; Michel Gbagbo,
son of the former President; Geneviève Yobou Bro-Grebé, former leader of Femmes
Patriotes (Women Patriots); and Simone Gbagbo. At the time of the visit, these detainees
were receiving treatment for their medical conditions. Kuyo Téa Narcisse claimed to have
been transferred to the Polyclinic on 12 April 2013 with bullet wounds and injuries
resulting from his mistreatment on arrest. Mr. Téa Narcisse, who apparently is also of
French nationality, cannot receive visits from his family or friends. Michel Gbagbo claims
that the only reason for his arrest was his relationship to his father. Geneviève Yobou BroGrebé condemns the conditions of her detention, which began on 12 April 2011. She was
severely beaten during her arrest and requires rehabilitation because of her injuries. The
Independent Expert met with Simone Gbagbo for the third time in Odienné, and then again
the next day at the Polyclinic, where she had been transferred for medical reasons. Ms.
Gbagbo, who said that she was relieved to have been moved to the hospital, claims that her
detention, which began two years ago, is illegal and demands to be either tried or released.
She is awaiting a decision from the Government on whether she will be tried in Côte
d’Ivoire or transferred to the ICC.
47.
The Independent Expert believes that the decision to transfer these four detainees to
Abidjan for medical care is a conciliatory measure. However, this acknowledgement of
their right to health should be followed up by recognition of their right to a defence and trial
or release. The accused persons whom the Independent Expert met during this visit claim
that they were not informed of the charges made against them.
48.
At the National Surveillance Directorate, Charles Blé Goudé told the Independent
Expert that he had begun a hunger strike eight days earlier in protest at his detention
conditions, which he considers inhumane. He is locked up for 24 hours a day and cannot
receive visits of any kind. The Director justified his incommunicado detention, as well as
that of Colonel Abbei, as being for their own safety and because of the seriousness of the
charges against them. The Directorate is responsible only for the physical detention of these
10
GE.13-15028
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