A/HRC/18/52
by the International Criminal Court to ensure a transparent trial. In total, 47 pro-Gbagbo
civilian associates and 62 Pro-Gbagbo military elements have been detained in the northern
part of the country and several in Abidjan. On 24 August, Guiai Bi Poin was indicted for
economic crimes, theft, embezzlement, looting and threats to the national economy.
28.
On 10 August 2011, UNOCI shared the findings of the detention monitoring
missions with the Government in order to take the necessary steps to address the issues
raised by Mr. Gbagbo and his associates. The Government gave reassurances that the
necessary steps would be taken.
VII.
Transitional justice
29.
The Government of Côte d’Ivoire has taken a series of judicial and non-judicial
measures that are being implemented in order to address the legacy of human rights abuses
committed in the country, particularly during the post-electoral crisis. These measures
include criminal prosecutions at the national and the international levels, the establishment
of the DTRC, and institutional reforms. OHCHR has been working with the Government
and relevant transitional justice mechanisms including the Special Investigations Unit
created by the Government within the Prosecutor’s office, to investigate and prosecute
alleged perpetrators of human rights violations committed during the electoral crisis.
30.
According to the Public Prosecutor, inquiries have been carried out into three
categories of crimes: economic crimes, crimes against the security of the State, and violent
crimes. For the first category, preliminary investigations ended in May. For the second,
more than 100 victims or witnesses have reportedly been heard and legal proceedings have
been instituted against 25 members of the pro-Gbagbo camp, currently detained in
Boundiali Prison. For the third category, the prosecutor indicated that there are reasons to
believe, based on testimonies and evidence, that about 3,000 people have been killed and
3,000 injured in connection with the crisis. A total number of 846 autopsies have been
conducted to date.
31.
OHCHR has also been providing support to the DTRC. As a follow-up to the
request received from Mr. Charles Konan Banny, the president of the DTRC, an OHCHR
technical team was dispatched to Côte d’Ivoire from 1 to 6 August to assess the needs of
the DTRC. The Mission met with a variety of stakeholders, including the President of the
DTRC and its technical staff, representatives of the Ministries of Human Rights, Justice,
Defence and Interior, representatives of political parties, NGOs, religious groups, victims,
and the diplomatic community.
32.
While the swift establishment of the DTRC represents an important step toward
achieving the right to truth and reconciliation, some stakeholders have expressed concerns
about what is perceived as an attempt by the Government to rush the process through
without proper consideration of the challenges involved and without extensive public
participation. The OHCHR mission raised a number of issues, including with regard to the
scope of the mandate as detailed in the Ordinance establishing the Commission with the
national authorities. In particular, it expressed concerns about the following aspects: there is
no provision setting out the powers of the Commission, including search and seizure,
subpoena, access to important documents and imposing penalties for obstruction of
investigations. There is no provision for reparations, for victim and witness protection, or
for victim and witness support (e.g. medical, psychosocial) and assistance to enable them to
provide a statement to the DTRC. Other matters of concern include the issue of financial
independence, the lack of clarity on the period to be covered by the investigations of the
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