A/HRC/25/73
57.
The Independent Expert was told that it was justified to hold these detainees at their
place of detention because of the sensitive nature of the persons involved, in the interests of
justice, and also to provide better security. The Independent Expert also requests that the
authorities regularize the situation of persons detained by the National Surveillance
Directorate.
58.
The Independent Expert should like to recall that in the handling of cases of persons
imprisoned for human rights violations, the interests of the victims may be jeopardized
when there are serious procedural problems, as when the authorities are obliged to cancel
an arrest warrant owing to a failure to meet requirements of form. Such situations lead to
uncertainty in the scheduling of the rest of the proceedings. The need to defend the rights of
detainees must not eclipse the need to respect the rights of the victims, who are awaiting
justice and reparation.
D.
Case of Simone Gbagbo
59.
During her meeting with the Independent Expert at Odienné, where she was under
house arrest, Simone Gbagbo, the former first lady, complained about her conditions of
detention and about her transfer from the Sainte Anne-Marie international clinic (PISAM)
to Odienné in May 2013, before her medical treatment was completed. Ms. Gbagbo said
that she still required more medical care, including kinesitherapy sessions and
ophthalmological consultations, which were not available in Odienné. When asked by the
Independent Expert about this case, the Ivorian authorities explained that Ms. Gbagbo had
been transferred from the PISAM clinic to Odienné because of unrest and demonstrations
and to ensure her own safety.
60.
Ms. Gbagbo told the Independent Expert that following her transfer to Odienné she
had lost consciousness on several occasions owing to her poor health. She once again
complained of the conditions of detention, the violation of her right to receive care, the lack
of specialists to follow her case and the freezing of her assets, which made it impossible for
her to cover her medical expenses.
61.
The Independent Expert has consistently emphasized in all his reports that the
detention for over 2 years of persons held in connection with the post-election crisis is
against international law. He has thus always called for them to be judged or released, if
only pending their trial. The release pending trial of 14 such detainees would thus appear to
be a step in the right direction. That measure should be generalized, not only to promote
national reconciliation, but also to allow the national and international justice systems to
take positions on their cases in conditions in which their rights are clearly respected. The
Independent Expert, firmly convinced that impartial and equitable justice is a decisive
factor for lasting national reconciliation, has at the same time argued for a determined
campaign against impunity and pointed to the fact that a general amnesty for the
perpetrators of serious human rights violations is contrary to international law. Based on
these considerations, he considers that Côte d’Ivoire, which has decided in accordance with
the Rome Statute to postpone execution of the arrest warrant issued by the International
Criminal Court and to try Ms. Gbagbo in the national courts, should provide her with
sufficiently safe conditions and proper medical care.
E.
Situation of albinos
62.
The organization Bien-être des albinos de Côte d’Ivoire (Albinos Welfare of Côte
d’Ivoire) (BEDACI) informed the Independent Expert of the various problems encountered
by some 4,000 Ivorian albinos who face social and cultural rejection. BEDACI complained
14
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