56
“They looked at his identity card and shot him dead”
Six months of post-electoral violence in Côte d’Ivoire
7. WHAT JUSTICE AND FUTURE FOR
COTE D’IVOIRE?
The flagrant disregard for human rights and international humanitarian law standards
displayed by all sides since the November 2010 disputed presidential election is the result of
the complete impunity for human rights violations that has reigned for a decade, both in the
southern part of the country under the control of Laurent Gbagbo and in the areas under the
control of the FAFN.
In order to end this cycle of violations and reprisals, it is essential to ensure justice for all
victims, whatever their political affiliation or ethnic group. Without justice and reparations,
the people in Côte d’Ivoire are at risk of plunging again in the appalling cycle of violence and
reprisals that have blighted the lives of so many for the last decade.
President Ouattara has firmly committed himself to the fight against impunity, basing himself
on both national judicial procedures and the International Criminal Court (ICC). It is essential
that investigations be completed promptly, thoroughly, independently and impartially and
that, whenever there is sufficient admissible evidence, suspects be prosecuted in fair trials.
Several mechanisms to investigate and establish the facts are underway or are in the process
of being established at both national and international level.
At the national level, President Ouattara has asked the Minister of Justice to begin legal
proceedings against Laurent Gbagbo, his wife and former officials. The Procureur de la
République (public prosecutor) questioned Laurent Gabgbo, in Korhogo on 7 May 2011, and
his wife, Simone Gbagbo, held in Odienné (in the north of the country), on 8 May. These
hearings took place in the absence of their lawyers as two of them, coming from Paris, were
not authorized to enter the Ivorian territory due to visas problems.
In addition, on 4 April 2011, the Ivorian Minister of Justice and Human Rights requested the
General Prosecutor at the Daloa Court of Appeals (in the west of the country) to investigate
"the serious allegations of massive human rights violations in this region of the west of our
country and contribute in this way to revealing the truth."53 Amnesty International is not,
however, aware of any steps by national authorities to investigate or prosecute any of the
other numerous crimes under international law, such as torture, rape and other serious
human rights violations and abuses committed in the country over the past decade.
President Ouattara has also announced his intention to create a "truth and reconciliation
commission to shed light on all the massacres, crimes and other human rights violations." No
further details are available about this proposal. Any truth commission should satisfy the
requirements of international law and standards to ensure that the right to truth is obtained
in a manner that fully respects the right of persons to a fair trial and facilitates the obtaining
by victims and their families of full reparation. Amnesty International has described what the
Amnesty International May 2011
Index: AFR 31/002/2011