A/HRC/29/49
49.
The third aspect is justice reform. This involves the renovation of existing judicial
facilities and the establishment of new facilities, capacity-building in human resources in
terms of quantity and quality, legislative reform and setting the judicial machinery in
motion again to take advantage of all this progress. To date, many courts have been
refurbished and new courts have been built. A judicial academy is under construction and a
number of prisons, including the Abidjan Detention and Correctional Facility and the
Abidjan Military Detention Centre, have been restored as well as possible. The number of
judges remains insufficient to ensure the proper administration of justice, as there are less
than 700 for a population of 20.8 million. Efforts are being made, although they are
hampered by a lack of resources, to recruit approximately 25 new judges per year. An
inspection unit is also being set up in the Ministry.
50.
The reform of the criminal justice system involves in particular the Criminal Code,
the Code of Criminal Procedure, the Civil Code, the Code of Civil Procedure, the
regulations governing the judiciary, the juvenile justice system and the Court of Audit. A
commercial court has been established with the objective of regaining the trust of economic
actors in the country’s justice system. It is the first court of its kind in the region. In
addition, following the ratification of the Treaty of Rome, the process of bringing domestic
laws into line with the Rome Statute of the International Criminal Court has begun.
51.
In this context, the death penalty has been abolished in Côte d’Ivoire. This initiative
is warmly welcomed. The possibility of making the rulings of the assize courts subject to
appeal and ultimately abolishing juries is also being discussed. There is also a project for
the protection of witnesses and victims of crime.
52.
Special attention is given to the situation of victims of sexual violence. A bill has
been passed that redefines rape, provides for harsher penalties and removes the requirement
that the victim produce a medical certificate before an investigation is opened into the
complaint. This procedural requirement, which, although it was not provided for by law,
was established as a rule by a number of criminal investigation officers, made it very
difficult for victims to lodge complaints because it was unaffordable. However, sexual
violence against women includes many other aspects that need to be addressed as a whole
(female genital mutilation, domestic violence, pregnant students, etc.).
53.
Lastly, although this list is not exhaustive, Côte d’Ivoire adopted an Act on the
protection of human rights defenders on 20 June 2014. This is a significant step towards the
promotion of human rights. Of course, the Government must ensure that the Act is as
effective as it deserves to be, including by preparing the necessary instruments for its
implementation. Civil society should also establish a sense of ownership of the Act.
54.
In addition to this series of reforms, both completed and in progress, there have been
capacity-building activities for legal and paralegal personnel. Training is provided to
judges, prosecutors and the police, especially on human rights. These areas have often
benefited, and continue to benefit, from the support of technical cooperation from several
international partners. This kind of cooperation should be increased in line with the
legitimate expectations of Ivorians and to the level required by the need for respect and
protection of human rights.
55.
Particular attention should also be paid to inquiries conducted into serious human
rights violations in Côte d’Ivoire, international humanitarian law, the proceedings initiated
by the assize courts, the situation of persons in pretrial detention and the condition of
prisons.
GE.15-08296
11
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