A/HRC/17/48
116. The Commission is well aware that the final determination of individual criminal
responsibility must be made by a court in order to ensure the human rights of the persons
concerned; nevertheless, the Human Rights Council is required by its mandate to identify
those responsible.
117. Indeed, either through their actions or their positions, certain political figures can be
held responsible. Thus, some political leaders, by refusing to recognize the results of the
elections, calling for violence against particular individuals or groups and failing to
condemn certain abuses committed by persons who claimed to be working for them,
incurred responsibility. Of all the persons met, the Commission notes that former President
Gbagbo and Chief of army staff Philippe Mangou are the only ones to have admitted to
some form of responsibility in the events that occurred. The former stated that, as Head of
State, he was also commander in chief of armies and, accordingly, was responsible for any
acts that might have been committed by the Defence and Security Forces, while noting that,
if there had been war crimes during a conflict, those who had committed such crimes
should be questioned. The latter stated that, if incidents had occurred between the postelectoral period and his departure for the South African Embassy, he would not shirk his
responsibilities.
118. In the light of the information that it has gathered, the Commission concludes that
there are reasonable grounds for presuming, in relation to the post-electoral events, the
individual criminal responsibility of certain persons whose names appear on the
confidential list annexed to this report, which may be transmitted to the competent
authorities for the purposes of a judicial investigation.
VI.
Conclusions and recommendations
119. The Commission concluded that during the period under consideration
numerous violations of human rights and international humanitarian law were
committed by different parties in Côte d'Ivoire. The many victims, mainly in the
western, south-western and Abidjan regions, are continuing to pay a heavy price.
120. The political crisis and the armed conflict in Côte d'Ivoire stemmed from
former President Gbagbo's refusal to recognize the results of the elections. The
Commission considers that the impunity prevailing in Côte d'Ivoire is due notably to a
failure to comply with the various recommendations made through the years within
the framework of national and international initiatives to combat that scourge. In
particular, the recommendations of the many international commissions of inquiry on
Côte d'Ivoire have not been implemented. Côte d'Ivoire will know neither lasting
peace nor stability unless it effectively brings to justice those who committed the
crimes listed in this report.
121. The exploitation of ethnic identity, the manipulation of young Ivorians by
political figures, turning them into instruments of violence, and unresolved rural land
issues are among the underlying causes of the massive, serious violations of human
rights in Côte d'Ivoire. The elections served as a catalyst for the unleashing of
violence.
122. The Commission notes that, notwithstanding a normalization of the security
situation in Abidjan and in several western towns, many violations continue to be
committed. At the time of its visit to Liberia, Ivorian refugees continued to arrive,
fleeing acts of violence by members of FRCI. The Commission is concerned about the
presence in the streets of Abidjan and other towns or large number of young people
carrying weapons, adding to the general sense of insecurity. The Commission is also
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