Political Will 

Is there political will for criminal accountability for international crimes in Côte d’Ivoire?

The political climate in Côte d’Ivoire since President Ouattara took power remains tense. This means stakes are high for the fair adjudication of grave crimes committed in the period before and after the 2010 elections.  Despite a promise that those most responsible for crimes on both sides would face justice, very few investigations have focused on members of the Ouattara camp, and thus far only defendants from Gbagbo’s side have faced trial. 

Beyond accusations of ‘victor’s’ justice’, the Ouattara government has shown a general reluctance to support prosecutions of international crimes committed by either camp. The case against Simone Gbagbo and 82 co-defendants is the highest profile case brought to trial thus far.  The accused faced charges of crimes against the state (crimes contre l’etat) rather than grave crimes against civilians (crimes du sang), leading to criticism that the government prioritized political concerns over victims’ rights.  Ouattara’s government has also shown diminishing support for the Special Cell, leaving it with inadequate staff and funds. 

Citing the need to foster reconciliation, prisoners in pre-trial detention are regularly released by executive order, sometimes years into ongoing investigations or proceedings. Most notably, a presidential ordonnance in 2018 granted amnesty to eight hundred individuals accused of crimes related to post-electoral violence.  Notwithstanding the importance of reconciliation in the polarised political climate of contemporary Côte d’Ivoire, the release of alleged perpetrators has inhibited the search for the truth and undermined victim’s right to redress. 

Cellule Spêciale d’Enquête et d’Instruction (CSEI)

The CSEI is charged with investigation and judicial instruction relating to crimes committed at the time of the post-electoral crisis in 2010-2011 and any offenses connected to those crimes.

The Cell is a specialized body within the Ivorian justice system created to investigate and gather evidence, including taking statements from victims and witnesses. While it is tasked with determining whether a case should proceed to criminal trial, it does not itself conduct trials. Under the supervision of an investigating judge, the Cell prepares cases for trial before the Ivorian civilian criminal courts.

The Special Cell applies Ivorian law and procedures, and includes no special regulations related to investigating or prosecuting international crimes.

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Commentary & Reports

OIDH (2015) “Rapport de suivi des process la crise postelectorale 2010 en Cote d’Ivoire”

This report documents the monitoring work of the Ivorian NGO OIDH during the trial of Simone Gbagbo and 82 co-accused at the Court of Assizes in Abidjan.  The report includes insights into the trial, its challenges and civil society’s critiques of the process. The authors emphasize irregularities in the proceedings that undermined the rights of the defendants to a fair trial.

OIDH (2015) “Rapport de suivi des process la crise postelectorale 2010 en Cote d’Ivoire”

This report documents the monitoring work of the Ivorian NGO OIDH during the trial of Simone Gbagbo and 82 co-accused at the Court of Assizes in Abidjan.  The report includes insights into the trial, its challenges and civil society’s critiques of the process. The authors emphasize irregularities in the proceedings that undermined the rights of the defendants to a fair trial.

OIDH (2015) “Rapport de suivi des process la crise postelectorale 2010 en Cote d’Ivoire”

This report documents the monitoring work of the Ivorian NGO OIDH during the trial of Simone Gbagbo and 82 co-accused at the Court of Assizes in Abidjan.  The report includes insights into the trial, its challenges and civil society’s critiques of the process. The authors emphasize irregularities in the proceedings that undermined the rights of the defendants to a fair trial.

Citations & References

1: Human Rights Watch (2016) “Justice Re-establishes Balance: Delivering Accountability for Serious Abuses in Cote d’Ivoire”

2: ICTJ 2016 “Disappointed Hope: Judicial Handling of Post-Election Violence in Cote d’Ivoire”  

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