A/HRC/32/52 is important to make judges aware that they should not routinely minimize the gravity of rape by downgrading the criminal charges to a less serious offence. 44. A further draft bill is expected on witness protection. A law on this subject would clearly be of value in the trials dealing with violent offences committed during the crises that have broken out in Côte d’Ivoire. In a broader sense, a new law of this sort would be important in any criminal case in which witnesses or victims are at risk of reprisals or illtreatment as a result of their cooperation with the justice system. The reform of the assize courts is another significant area in which work should be accelerated, particularly with a view to introducing the right of appeal against assize court judgments. The rights of the defence in criminal proceedings must also be strengthened. To reduce overcrowding in prisons, judges’ discretionary powers to place accused persons in pretrial detention should be regulated, and alternative measures to custodial sentences should be provided for in the Criminal Code. Lastly, and notwithstanding the scope for additional measures beyond those listed here, the Independent Expert recommends expediting the adoption of the implementing regulation for the law on the protection of human rights defenders. 45. The Ministry of Justice continues to implement prison reforms with a view to improving conditions and is in the process of restructuring the Abidjan Detention and Correctional Centre. UNOCI has closely followed the incident that occurred at the Centre on 20 February 2016, when a confrontation between prisoners and security forces resulted in the deaths of a prison guard and 10 prisoners, including Yacou Coulibaly, alias “Yacou le Chinois”, whose reign of terror in the prison was mentioned in the previous report of the Independent Expert (A/HRC/31/78) and in the reports of his predecessor. This serious incident seems to have been triggered by an inspection exercise that encountered violent resistance from Yacou and the prisoners who supported him. According to the authorities, prisoners were armed, and 22 persons, including 9 guards and 11 inmates, were injured during the incident. The most seriously injured prisoners were taken to a university hospital, and 13 inmates were subsequently transferred to other prisons. 46. An investigation has been launched to identify those responsible for the acts committed during the incident. Two court cases have been opened by the public prosecutor of the Court of First Instance of Yopougon and referred to the senior investigating judge of that jurisdiction. The first case concerns the events of 20 February 2016 and the identification of all those responsible for or implicated in the introduction of weapons into the Abidjan Detention and Correctional Centre. The second case concerns 14 prison officers who are alleged to have taken part in a punitive operation (reprisals) conducted in the following days that targeted prisoners and other prison officers. Some prison guards have been remanded in custody in the course of those proceedings. 47. According to the Ministry of Justice, lessons have been learned from this regrettable incident and adequate resources have already been released so that the country’s prisons will have the logistical support they need in terms of communication and security control. The Ministry is also working to improve the ethical standards of the prison service and is planning to have a high-security women’s prison and a juvenile observation centre built at Abidjan as soon as possible. These projects clearly require substantial funding. The Independent Expert urges the international community to support the local authorities’ commitment to improving prison conditions both financially and by other means that will help to build capacity in the prison service. 48. Alongside efforts to identify crisis victims with a view to providing them with compensation, the judiciary is still in the process of hearing cases relating to the 2011 crisis. The Ivorian authorities have stated that they hope to finalize these cases by the end of 2016. Ministry of Justice officials also informed the Independent Expert that 217 prisoners that were being held in connection with their actions during the electoral crisis of 2011 have been released and that 31 remain in custody pending the outcome of investigative 12 GE.16-10958

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