A/HRC/29/49 B. Prosecutions: More progress should be made on some cases 56. More than a decade ago, allegations of human rights violations in Côte d’Ivoire (committed between 19 September 2002 and 15 October 2004) had already been considered in a report by an international commission of inquiry. That report came to the clear conclusion that a number of serious violations of human rights and international humanitarian law had been committed during the period in question. The report also highlighted the fact that the warring sides both had their own militia forces and it was those forces that had committed the violations. 57. More recently, violations of human rights and international humanitarian law that occurred between 31 October 2010 and 15 May 2011 were considered in a report by a national commission of inquiry established pursuant to Presidential Decree No. 2011-176 of 20 July 2011. The report indicates that serious human rights violations were committed, particularly against the right to life, the right to physical integrity and the right to security of persons. They included executions, extrajudicial disappearances, sexual violence against women and violations of international humanitarian law. The report also notes that these violations were committed by groups belonging to both warring parties. 58. The establishment of a national commission of inquiry was both a judicious and a courageous initiative seeking to uncover the truth about the violations in question. Moreover, the subsequent establishment of a Special Investigation and Examination Unit, a judicial mechanism responsible for leading the necessary criminal proceedings, demonstrates the Ivorian Government’s commitment to combating impunity. The Unit must be strengthened and provided with appropriate and sufficient means to carry out its delicate and sensitive role in a professional and neutral way. 59. Furthermore, the assize courts have resumed their work in order to prosecute the perpetrators of the serious violations committed during the crises that the country has gone through. The Abidjan assize court has opened proceedings against 83 persons from the regime of the former president, Laurent Gbagbo. Among the accused is Simone Gbagbo. Most of the 83 defendants have been held in pretrial detention for some time, in some cases since 2011. 60. Given the length of the pretrial detentions, these cases should be addressed as promptly as possible but also, and above all, with complete respect for the guarantee of a fair trial. The rights of the defence should be strictly respected in accordance with the law and the international instruments ratified by Côte d’Ivoire, in particular the International Covenant on Civil and Political Rights. 61. The charges against the defendants in question concern crimes against the security of the State. They do not concern the violations of human rights or international humanitarian law that were indicated in the reports of the international and national commissions of inquiry. However, these very serious crimes must not go unpunished. The victims of these crimes are entitled to truth and justice. It should be stressed that justice should be impartial and should make no distinction between perpetrators of the violations, whatever their allegiance. 62. Equitable justice at all levels is a necessary step on the path towards breaking the vicious circle of violence. This path should certainly be embarked on with caution to avoid destroying the hard-won but fragile progress that has been made in security and economic development, which benefits all Ivorians. However it must be recognized that no achievement can be sustained if it is not endorsed by justice. 63. The Independent Expert was pleased to note that almost all those with whom he discussed the issue agreed that justice must be impartial and equitable. It remains for that conviction to be put fully into practice. 12 GE.15-08296