A/HRC/26/52
objective criteria regarding both those who wield public authority and the victims. Its
responsibility includes reparation of the harm suffered by all victims. Accordingly, the
main duty of the Government of Côte d’Ivoire is to support the victims of the long crisis
that undermined the country, irrespective of their political affiliation.
2.
Legal basis
49.
The Constitution safeguards human dignity, respect and protection of fundamental
liberties, the inviolability of human rights (art. 2) and the right of all individuals to free and
equal access to justice (art. 20). Although national law does not define the notion of
“victim”, the Code of Criminal Procedure sets forth the conditions for bringing a civil suit,
which is the basis for victim status and rights under national criminal law. 6
50.
The Constitution recognizes duly ratified international treaties and agreements as
being legally binding. Côte d’Ivoire has ratified a number of international conventions on
the State’s duty regarding reparation for victims of human rights and international
humanitarian law violations, including the International Convention on the Elimination of
All Forms of Racial Discrimination, in 1973; the Convention on the Rights of the Child, in
1991; the International Covenant on Civil and Political Rights and the African Charter on
Human and Peoples’ Rights, in 1992; the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, in 1995; and the Rome Statute of the
International Criminal Court, in 2013. The Independent Expert draws attention to General
Assembly resolution 40/34 on the Declaration of Basic Principles of Justice for Victims of
Crime and Abuse of Power and resolution 60/147 on the Basic Principles and Guidelines on
the Right to a Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian Law.
C.
Situation of the victims of the crisis
51.
Since the end of the post-election crisis, victims have repeatedly expressed their
frustration with the sluggishness of judicial proceedings to obtain reparation. The human
rights violations they suffered are perpetuated by the impunity of the alleged perpetrators
and the failure to bring them to justice. The victims continue to suffer from the physical and
mental pain and considerable material and financial loss they incurred.
1.
Material and personal harm
52.
This loss and pain includes over 3,000 dead,7 physical/bodily injuries (e.g. torture,
abrasions, deep wounds, broken bones, severe burns), social damage (e.g. family
dislocation, social divides, deep divisions in some communities) and a profound sense of
solitude, injustice, vulnerability and helplessness. The crisis also caused material and
financial losses (such as the destruction, theft or confiscation of material and financial
goods); massive population displacement; the destruction of homes, sometimes of entire
villages, especially in the west; the loss of livelihoods and means of production for rural
populations who fled their villages; and limited access to basic social services, which were
already unreliable before the crisis.
6
7
GE.14-02949
Article 2 of the Code of Criminal Procedure reads as follows: “A civil action to seek redress for harm
caused by a crime, offence or misdemeanour may be brought by anyone who has suffered personally
from the harm directly caused by the offending act.”
See the national commission of inquiry, “Report of the inquiry into the violations of human rights and
international humanitarian law during the period 31 October 2010 to 15 May 2011”, July 2012, p. 12.
11
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