A/HRC/26/52 objective criteria regarding both those who wield public authority and the victims. Its responsibility includes reparation of the harm suffered by all victims. Accordingly, the main duty of the Government of Côte d’Ivoire is to support the victims of the long crisis that undermined the country, irrespective of their political affiliation. 2. Legal basis 49. The Constitution safeguards human dignity, respect and protection of fundamental liberties, the inviolability of human rights (art. 2) and the right of all individuals to free and equal access to justice (art. 20). Although national law does not define the notion of “victim”, the Code of Criminal Procedure sets forth the conditions for bringing a civil suit, which is the basis for victim status and rights under national criminal law. 6 50. The Constitution recognizes duly ratified international treaties and agreements as being legally binding. Côte d’Ivoire has ratified a number of international conventions on the State’s duty regarding reparation for victims of human rights and international humanitarian law violations, including the International Convention on the Elimination of All Forms of Racial Discrimination, in 1973; the Convention on the Rights of the Child, in 1991; the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, in 1992; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, in 1995; and the Rome Statute of the International Criminal Court, in 2013. The Independent Expert draws attention to General Assembly resolution 40/34 on the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and resolution 60/147 on the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. C. Situation of the victims of the crisis 51. Since the end of the post-election crisis, victims have repeatedly expressed their frustration with the sluggishness of judicial proceedings to obtain reparation. The human rights violations they suffered are perpetuated by the impunity of the alleged perpetrators and the failure to bring them to justice. The victims continue to suffer from the physical and mental pain and considerable material and financial loss they incurred. 1. Material and personal harm 52. This loss and pain includes over 3,000 dead,7 physical/bodily injuries (e.g. torture, abrasions, deep wounds, broken bones, severe burns), social damage (e.g. family dislocation, social divides, deep divisions in some communities) and a profound sense of solitude, injustice, vulnerability and helplessness. The crisis also caused material and financial losses (such as the destruction, theft or confiscation of material and financial goods); massive population displacement; the destruction of homes, sometimes of entire villages, especially in the west; the loss of livelihoods and means of production for rural populations who fled their villages; and limited access to basic social services, which were already unreliable before the crisis. 6 7 GE.14-02949 Article 2 of the Code of Criminal Procedure reads as follows: “A civil action to seek redress for harm caused by a crime, offence or misdemeanour may be brought by anyone who has suffered personally from the harm directly caused by the offending act.” See the national commission of inquiry, “Report of the inquiry into the violations of human rights and international humanitarian law during the period 31 October 2010 to 15 May 2011”, July 2012, p. 12. 11

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