A/HRC/22/66
under the Treaty signed on 17 July 1998.” The President of the Republic promulgated the
said Act by decree No. 2012-1135 of 13 December 2012.
69.
On 22 November 2012, Pre-Trial Chamber I of the ICC unsealed the warrant of
arrest issued against Simone Gbagbo for four charges of crimes against humanity.
According to the arrest warrant, initially issued under seal on 29 February 2012, Ms.
Gbagbo is criminally liable under article 25 (3) (a) of the Rome Statute for the crimes
against humanity of murder, rape and other forms of sexual violence, other inhumane acts
and acts of persecution committed in the territory of Côte d’Ivoire during the period
between 16 December 2010 and 12 April 2011.
70.
On 5 December 2012, Minister of Justice, Human Rights and Civil Liberties
Gnénéma Mamadou Coulibaly stated in reply to questions from the press concerning the
reaction of the Government to the arrest warrant issued against the former First Lady that
the Ivorian authorities had already taken note of the request and reserved the right to make
an official statement in a timely manner. This position, reiterated by the new Prime
Minister Daniel Kablan Duncan, raised legitimate questions about his motives and about
the implications for the scope of the ratification of the Rome Statute.
E.
Prison conditions
71.
The national authorities, supported by UNOCI and partner countries, set to work to
bring prisons, which are an important link in the chain of criminal justice, back into service.
At present, 32 out of 33 prisons accommodating some 7,365 detainees have been brought
back into service. Despite the efforts of national authorities and partners, the results are
mixed; although prisons have come back into service, it is a struggle to resume normal
operation, particularly with regard to the detention and custody of persons in preventive
detention. More than 410 detainees have escaped, sometimes with the use of force, which
has led to the death of 8 detainees.
72.
Following the attacks in August and repeated prison escapes by detainees, the
National Security Council, headed by the President of the Republic, deemed it necessary to
strengthen prison oversight by recruiting 2,000 prison guards. This is a timely decision that
could considerably improve prison administration. However, in order for this measure to be
effective, the capacity of the personnel recruited to receive and assimilate training on the
one hand and, on the other hand, their capacity to prove their professionalism must be taken
into account. Consequently, the recruitment process should be rigorous in order to exclude,
for example, persons in conflict with the law or even former detainees.
73.
The Expert was able to visit places of detention in Bouna, Boundiali, Katiola,
Korhogo, Odienné and Abidjan. In general terms, the detainees with whom he met
appeared to be in reasonable physical condition. They were in contact with their lawyers
and many received visits from family members. All complained in strong terms about the
length of their detention without trial. Simone Gbagbo showed some signs of physical
weakness. She was moved from Odiénné for security reasons some time ago, which has had
an impact on her health. Although she receives regular treatment, she complains that the
physicians she sees are not of her choosing. She also complains that she does not receive
visits from her family members and only receives news of them through her lawyers. In
Katiola and Boundiali, some detainees complained that they shared space with persons
detained for common crimes, with the attendant security risks.
74.
On his first visit to Bouna, the Expert met with 21 detainees, including former Prime
Minister Pascal Affi N’Guessan, former Minister of Defence Moïse Lida Kouassi, recently
extradited from Togo, and Michel Gbagbo, son of former President Gbagbo. No illtreatment was reported. Michel Gbagbo has not received a visit from his family since his
16
GE.13-10074
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