A/HRC/26/52 actors of economic reconstruction and to rebuild their trust in the State. The State would then be in a position to credibly shoulder its key responsibility towards victims. 2. Persistence of impunity 68. Obtaining justice for the victims of the Ivorian crisis is one of the driving forces of reconciliation. Despite the establishment of the National Commission of Inquiry, the publication of its report and the establishment of the special investigation unit, the impression of impunity remains palpable. Notwithstanding repeated commitments by the political authorities and the clear readiness of justice officials, the issues of impunity and equitable justice remain unresolved. Very few proceedings have been brought against the perpetrators of violence during the post-election crisis. To date, only those closest to the former regime have been prosecuted. The situation is partly to blame for stalling national reconciliation and undermines trust in the restored justice system. The fact that alleged perpetrators of human rights violations have recently been released pending trial makes it unlikely that any precise dates will be set for their trials and could be construed as a de facto amnesty. The participants in the 2013 conference on impunity and equitable justice recalled that the amnesties granted to those who had committed violent acts between 2002 and 2010 yielded nothing more than tenuous political accords that not only failed to prevent renewed violence but also fuelled a culture of impunity and exacerbated the crisis. 3. Absence of victim protection measures 69. Legal proceedings against the perpetrators of serious human rights violations in the aftermath of the 2010 elections should go hand in hand with special protection measures for victims, witnesses and other persons concerned, including judges. The latter’s independence cannot be guaranteed because of the threats to their careers and persons. Victims’ fear of filing a complaint against the alleged offenders, several of whom work in law enforcement agencies, is compounded by the lack of information on the bodies to whose attention cases should be brought in order to obtain justice and reparation. Speeding up the adoption of the bill on the protection of victims and other persons concerned is therefore crucial. 4. Fragility of the legal system 70. The legal system, which has been rebuilt despite a long history of legal vacuum, is nonetheless undermined by several factors. The independence of the judiciary needs to be strengthened, given the culture of political control over the justice system that prevails in post-crisis situations in Africa. The credibility of the national legal system also poses a significant challenge, owing to the pressure exerted by its international counterpart with regard to the frequent allegations of crimes against humanity made throughout the Ivorian crisis. The fact that the courts have ordered the release pending trial of many detainees held in relation to the post-election crisis is symptomatic of a system keen to address the issue of prolonged detention without trial. However, this measure also reflects the complexity of the legal stakes for the victims of the Ivorian crisis: victims who self-identified as having been close to the former regime welcomed the releases, while other victims interpreted them as a sign that the State was more interested in the fate of the “persecutors” than in that of the “real victims”. The conference provided an opportunity for victims’ representatives to vent their frustration at the authorities. 71. During the national consultations led by the Dialogue, Truth and Reconciliation Commission, 72 per cent of respondents stated that the justice system could not be trusted — a figure that reflects a troubling perception that could erode faith in the courts — as a guarantor of the rule of law in the future. In a democracy, justice is the last defence against the loss of the belief that republican ethics transcend all individual and partisan interests. GE.14-02949 15

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