A/HRC/26/52
any travel outside the country. The defence attorney pleaded that this formality was not
required under the law and that the defendant, having duly chosen his office as his
domicile, should have freedom of movement. The Independent Expert has been told of
cases of persons having been released pending trial who are authorized to travel outside the
country.
29.
Regarding the attempts by the judicial authorities to adjudicate the merits of Simone
Gbagbo’s case in Odienné from 4 to 6 February 2014, the Independent Expert regrets the
fact that only a token hearing took place given that the defendant requested in limine litis
that her parliamentary immunity be waived before answering the prosecutor’s questions. He
is of the opinion that a just, fair and swift trial leading to definitive judicial decisions in the
cases of Michel and Simone Gbagbo could end the controversy surrounding their status. In
this connection, he recalls his recommendation regarding the need to combat impunity and
prosecute all those who have committed serious human rights violations (A/HRC/25/73,
para. 88 (a)).
4.
Freedom of expression and of assembly
30.
The Independent Expert is concerned at a communication released on 11 April 2014
by the National Press Council whereby it decided to suspend the dailies Aujourd’hui, the
Quotidien d’Abidjan and the Temps for 12 issues, the weekly Bôl’Kotch for 4 issues and the
Quotidien for 3 issues, on the grounds that they infringed the Act of 14 December 2004, on
the legal status of the press, and the national journalists’ code of conduct. He laments the
fact that all the publications concerned are aligned with the opposition. He also urges
journalists to be mindful of the profession’s code of ethics in their treatment of information.
31.
The Independent Expert welcomes the fact that leaders of the Front Populaire
Ivoirien have been able to tour the country. However, the ban on their rallies in Oumé,
Bouna and Abobo could compromise the authorities’ ability to guarantee the security and
free movement of political leaders nationwide.
32.
He regrets the fact that, on 27 February 2014, security forces prohibited, with no
legal basis, a seminar of the Ivorian Civil Society Federation in Abidjan. On 7 March, he
called on the authorities to take the necessary steps to enable human rights organizations in
general, and the Federation in particular, fully to play their part and contribute to
consolidating progress in the country. 5 He welcomes the attendance of the Ministry of the
Interior at a recent Federation meeting.
33.
The Independent Expert is concerned by the situation of Alternative, an NGO that
works to protect persons living with HIV/AIDS and homosexuals and whose premises and
staff in a neighbourhood of Abidjan were attacked between December 2013 and January
2014. He regrets the absence of an adequate reaction from the authorities to uphold the
rights of this NGO.
5.
Situation of exiles
34.
The Independent Expert welcomes the Government’s ongoing efforts to encourage
the gradual return of exiles, including soldiers and militia members. He recalls that this
initiative should go hand in hand with withdrawal from returnees’ homes and their return to
work.
35.
Furthermore, the Independent Expert was informed that on 17 February 2014, a
group of 21 refugees from Little Webbo camp in Liberia were arrested by the Liberian
5
8
Communication of 7 March 2014: www.ohchr.org/FR/NewsEvents/Pages/Display
News.aspx?NewsID=14329&LangID=F.
GE.14-02949
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