Turning Rhetoric into Reality

Summary

The Imperative for Impartial Justice

Necessary Steps for Ivorian Authorities to Realize Impartial Justice

Strengthening Judicial and Prosecutorial Independence

Strengthening Prosecutions

Legal Reforms to Improve Fair Trial Rights of Defendants

Establishing a Framework for Witness Protection and Support

Providing Security for Judges, Prosecutors, and Defense Lawyers

Necessary Steps for International Partners

Putting Complementarity into Practice: Building Capacity to Try Serious Crimes

Increasing Private and Public Diplomacy

The International Criminal Court

Recommendations

To the Ivorian Government, Particularly the President and the Justice Minister

Bolster Judicial and Prosecutorial Independence

Strengthen Prosecutions and Investigations

Improve Fair Trial Rights of Defendants

Better Protect Witnesses, Judges, Prosecutors, and Defense Lawyers

Cooperation with the International Criminal Court

To the National Assembly

To the High Judicial Council (Conseil Supérieur de la Magistrature)

To Staff in the Special Investigative Cell, Including the Procureur de la République and the Investigating Judges

To the Ministries of Interior and Defense

To the United Nations and Intergovernmental and Government Partners (including the European Union, the United Nations Development Program, the United Nations Operation in Côte d’Ivoire, France, and the United States)

To the United States

To the United Nations Secretary-General

To the United Nations Independent Expert on the Human Rights Situation in Côte d’Ivoire

To the International Criminal Court

Office of the Prosecutor

Registry

Methodology

I. Background

Armed Conflict and Political-Military Stalemate, 2002-2007

No Truth, No Justice under Gbagbo Government

Post-Election Violence, November 2010-May 2011

II. Accountability for Post-Election Crimes to Date

National Accountability Initiatives

National Commission of Inquiry

Special Investigative Cell

Dialogue, Truth, and Reconciliation Commission

International Steps towards Accountability

III. Challenges to Realizing Accountability

Strengthening Judicial and Prosecutorial Independence

Strengthening Prosecutions

Developing a More Comprehensive Prosecutorial Strategy

Improving Investigations

Regularizing the Authority of the Special Investigative Cell

Legal Reforms to Strengthen the Fair Trial Rights of Defendants

Establishing a Framework for Witness Protection and Support

Providing Security for Judges, Prosecutors, and Defense Lawyers

IV. International Partners

Financial and Technical Support

Diplomatic Support for Independent and Impartial Justice

The International Criminal Court

V. Legal Framework

Acknowledgements