A/HRC/29/49
64.
In addition to the case mentioned above that is currently before the Abidjan assize
court, dozens of civilians and military personnel are being held in pretrial detention in
connection with offences committed during the 2010 electoral crisis. They have been
awaiting trial for some time. A list of names drawn up by a group of wives of the detainees
arrested during the post-electoral crisis includes 441 persons, of whom 329 are civilians and
112 are military personnel. The majority are imprisoned in the Abidjan Detention and
Correction Centre, while others are being held in the Abidjan Military Detention Centre or
in regional prisons. Some of the detainees were arrested in 2011 and others later, between
2012 and 2014.
65.
The Independent Expert would like to remind the Ivorian authorities of their
obligation, under the International Covenant on Civil and Political Rights, to bring all
detainees to trial as promptly as possible and to provisionally release those who do not need
to be detained pending trial. In that regard, the Independent Expert welcomes the
provisional release of 47 defendants, including some of the 83 standing trial in the Abidjan
assize court. The unfreezing of a number of bank accounts so that their beneficiaries can
use them to support themselves and their families is another commendable initiative. These
measures have a calming effect on social tensions despite the fact that the judicial process is
still ongoing.
66.
It was noted that time limits for holding suspects in police custody prior to trial are
not always respected and the relevant penalties provided by law are not applied. It is
important to highlight that the length of police custody must be respected and suspects must
be brought before a court within the time limit specified by law. The presence of a lawyer
to assist suspects is also vital to minimize the risk of abuse.
67.
An example is that of the attack on the Akouédo military camp in Abidjan on the
night of 17–18 September 2014, which resulted in the deaths of four members of FRCI and
one attacker and left several persons injured, including two UNOCI soldiers. Following the
attack, 16 persons were arrested. Twelve of them are being held at the Abidjan Detention
and Correction Centre, and the remaining four, two of whom are civilians, were detained
for more than a month at a military camp in Abidjan run by an ex-comzone, before being
released on 14 November 2014. It seems that their arrest and detention in locations that did
not comply with international standards were not subject to judicial review.
68.
Furthermore, one of these persons reported to UNOCI that he had been tortured and
that traces of violence remained visible on his body. Some detainees complained about the
time they spent in the National Surveillance Directorate (DST), the legality of which is
contested. However, on the whole, there has been an improvement in respecting the time
limits for suspects being detained on DST premises. The public prosecution service and the
judges concerned must apply the law by carefully fulfilling their duties to supervise and
monitor investigations and prosecutions conducted by the criminal police (Code of
Criminal Procedure, art. 13).
C.
Prison
69.
During his mission, the Independent Expert had the opportunity to visit the Abidjan
Detention and Correction Centre and the Abidjan Military Detention Centre. He also met
with Ms. Gbagbo whilst she was under house arrest. The country’s prisons are a clear
reflection of the damage caused to infrastructure by two decades of conflict.
70.
Both detention centres are overcrowded. While the Abidjan Detention and
Correction Centre has a capacity of 1,500 detainees, it houses triple that number, that is,
4,561 detainees. The Abidjan Military Detention Centre, which housed 64 military
detainees and one civilian, only has the capacity to hold a third of that number in relatively
GE.15-08296
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