A/HRC/25/73
46.
While recognizing the right of Côte d’Ivoire to assert the primacy of its courts in
accordance with the principle of complementarity, the Independent Expert would like to
draw attention to the problems that will inherently arise in the Ivorian justice system owing
to this decision, in particular in relation with the full treatment of the cases that the
International Criminal Court must handle in the country. The Ivorian system of justice has
been left in disarray by the lengthy political crisis and a series of problems of substance and
procedure, and also by difficulties that left it materially and logistically debilitated. The
disconnect between the legal framework and the offences in question, the failure of
criminal courts to hold regular sessions, the legal void for the protection of victims and
witnesses and the still all too clear polarization of Ivorian society all objectively are issues
that must be addressed in order to meet the standards for a fair and equitable trial.
47.
If the request of Côte d’Ivoire to try Ms. Gbagbo is allowed by the International
Criminal Court, the Independent Expert would call on the international community to
support the Ivorian authorities, in particular by strengthening the capacities of the judges
and judicial staff, by providing material and logistic support to the prosecution services and
courts and by assisting with the protection of victims, witnesses and judges.
48.
The Independent Expert notes that the arrest warrant for Charles Blé Goudé, the
third such warrant issued by the International Criminal Court for Gbagbo supporters,6 has
strengthened the perception of bias in the administration of justice. The Independent Expert
reaffirms his trust in the Court’s will to do away with this perception and to confirm the
equity of international justice by prosecuting all those who have perpetrated crimes under
its jurisdiction, whatever their political or other affiliations may be.
V. Violations of the rights of specific groups
A.
Situation of victims
49.
In the current context of political polarization in the run-up to the elections, the
Independent Expert fears that the situation of the victims of the overall crisis, and
specifically of the post-election crisis, will be given short shrift and passed over.
50.
The Independent Expert insists on the need to better address the needs of the victims
of the crisis with an objective global approach based not on the status of those who
committed violations, but on the inclusion of all victims, in the light of the acts committed
and the persons affected, without distinction as to their politics, ethnic origin or religion. To
foster such an approach and encourage the objective treatment of victims of the crisis, the
Independent Expert is holding an international conference on the situation of victims of the
Ivorian conference in February 2014, in partnership with the National Human Rights
Commission of Côte d’Ivoire.
B.
Continuing human rights violations committed by the Forces
républicaines de Côte d’Ivoire (FRCI)
51.
The Independent Expert has been informed that the FRCI are continuing to commit
human rights violations, including violations of the right to life, arbitrary arrest and
6
12
See the site of the International Criminal Court, Situation in the Republic of Côte d’Ivoire
(http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/Pages/situations%20and%
20cases.aspx).
GE.14-10154
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