A/HRC/25/73
should be part of this process. The Independent Expert continues to believe that
coherence, complementarity and coordination among reconciliation and social
cohesion bodies are prerequisite conditions if the overall national effort is to succeed.
87.
Efforts at political dialogue and the national reconciliation process must not be
tainted by tactical or electoral manoeuvring in a political context that neglects the
higher interests of the Ivorian people. They must go hand in hand with the struggle
against impunity, the promotion of equitable justice and the central importance that
must be given to the situation of victims. In this context, promoting a vigorous,
independent and well-resourced civil society is indispensible in order to break open
the closed circle of the country’s politics.
IX.
Recommendations
88.
The Independent Expert recommends that the Ivorian Government:
(a)
Combat impunity
(i)
Prosecute members of the Forces républicaines de Côte d’Ivoire (FRCI)
responsible for ill-treatment of the population and undertake, with the United
Nations Operation in Côte d’Ivoire (UNOCI), more rigorous vetting of
members of the security and defence forces;
(ii)
Prosecute all perpetrators of serious crimes, regardless of their status or
ethnic, religious or political affiliation, and step up judicial procedures relating
to the massacre at Nahibly and the mass grave at Torgueï;
(iii) Rule out the use of general amnesty laws in the political negotiations
under way, in particular for international crimes such as genocide, crimes
against humanity and war crimes, which are not subject to statutory limitation;
(iv) Undertake reform of the justice system, taking into consideration
specifically: (i) the recasting of the Criminal Code and the Code of Criminal
Procedure; (ii) the establishment of legal and institutional mechanisms to
protect victims, witnesses, judges, lawyers and human rights defenders; and
(iii) the reform of the military justice system;
(v)
Extend the mandate of the special investigation unit (CSE) so that it can
handle the cases currently under way more expeditiously and even so that it
can consider cases as far back as 2002, concentrating its activities on the most
serious human rights violations;
(vi)
Expedite the trial or release of persons detained for more than 2 years
as a result of the post-election crisis, in particular by making use of information
in the report of the National Commission of Inquiry and by working to ensure
that criminal courts hold regular sessions;
(vii) Strengthen the independence of judicial officers (judges and prosecutors)
and provide the justice system with the means required to effectively carry out
its mission;
(viii) Draw up a robust policy to combat sexual violence, including the
issuance of medical certificates free of charge, legal and psychological
assistance for victims, prevention of such acts and punishment of perpetrators;
(ix) Continue cooperation with the International Criminal Court, in
particular by exchanging information and ensuring complementarity, in the
interests of proper, impartial and equitable justice.
GE.14-10154
19
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