Initial report submitted by Côte d'Ivoire under article 19 of the Convention pursuant to the simplified reporting procedure, due in 1997 : Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Table of Contents

• Initial report submitted by Côte d’Ivoire under article 19 of the Convention pursuant to the simplified reporting procedure, due in 1997* 1
• I. Introduction 2
• II. Replies to the list of issues 2
• Specific information on the implementation of articles 1–16 of the Convention, including with regard to the Committee’s previous recommendations 2
• Articles 1 and 4 2
• Measures taken to explicitly criminalize attempts to commit torture and acts constituting complicity or participation in torture and to define them as acts of torture 3
• Information on criminal or legislative provisions covering all cases of torture and the associated penalties 4
• Extent to which the Convention can be directly invoked by domestic courts 4
• Specific examples of and statistical data on cases in which the provisions of the Convention have been invoked before the courts 4
• Article 2 4
• Reply to the questions raised in paragraph 2 of the list of issues 4
• Enjoyment by detainees, in law and in practice, of all legal safeguards from the very outset of deprivation of liberty 4
• Compliance with legal time limits for police custody 5
• Measures to keep detention registers up to date 6
• Legal aid available to the most disadvantaged people 6
• Reply to the question raised in paragraph 3 of the list of issues 6
• Replies to the questions raised in paragraph 4 of the list of issues 6
• Judicial reform undertaken in 2012 8
• Replies to the questions raised in paragraph 5 of the list of issues 8
• Replies to the questions raised in paragraph 6 of the list of issues 9
• Replies to the questions raised in paragraph 7 of the list of issues 9
• Establishment of a national commission to combat gender-based violence 10
• Number of complaints of gender-based violence and investigations, prosecutions, convictions and sentences 11
• Outcome of investigations into cases of sexual violence and rape allegedly committed during the 2010–2011 post-electoral crisis 11
• Reply to paragraph 8 of the list of issues 12
• Assistance and compensation for victims 13
• Measures adopted by the State to step up efforts to prevent harmful traditional practices 13
• Replies to the questions raised in paragraph 9 (a) of the list of issues 14
• Replies to the questions raised in paragraph 9 (b) of the list of issues 15
• Psychosocial care for victims of conflict 15
• Replies to the questions raised in paragraph 9 (c) of the list of issues 15
• Article 3 16
• Replies to the questions raised in paragraph 10 of the list of issues 16
• Replies to the questions raised in paragraph 11 of the list of issues 17
• Number of asylum applications received during the period under review and the number of successful applications 17
• Number of persons returned, extradited or expelled during the period under review 17
• Extradition requests from France 17
• Extradition requests from other countries 18
• Existing types of appeal mechanisms 19
• Grounds for returns 19
• Replies to the questions raised in paragraph 12 of the list of issues 19
• Replies to the questions raised in paragraph 13 of the list of issues 19
• Articles 5–9 20
• Replies to the questions raised in paragraph 14 of the list of issues 20
• When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State 20
• When the alleged offender is a national of that State 20
• When the victim is a national of that State if that State considers it appropriate 21
• Application of universal jurisdiction over acts of torture 21
• Replies to the questions raised in paragraph 15 of the list of issues 21
• Replies to the questions raised in paragraph 16 of the list of issues 21
• Article 10 22
• Replies to the questions raised in paragraph 17 of the list of issues 22
• Law enforcement officials 23
• On members of the armed forces 23
• Methodology to assess the effectiveness of training and educational programmes aimed at reducing the number of cases of torture and ill-treatment 23
• Replies to the questions raised in paragraph 18 of the list of issues 23
• Training on the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol) 24
• Article 11 24
• Replies to the questions raised in paragraph 19 of the list of issues 24
• The preliminary inquiry 24
• Pretrial phase: judicial supervision and pretrial detention 25
• Frequency with which rules, instructions and methods are reviewed 25
• Respective roles played by the police, the gendarmerie and the Forces républicaines de Côte d’Ivoire in the deprivation of liberty. 25
• The army 25
• The gendarmerie 26
• The police 26
• Replies to the questions raised in paragraph 20 of the list of issues 26
• Regular and unannounced visits to places of detention by representatives of national and international NGOs and by the International Committee of the Red Cross (ICRC) 27
• Possibilities for visiting the National Surveillance Directorate headquarters 27
• Replies to the questions raised in paragraph 21 of the list of issues 27
• Captain Anselme Séka-Séka 27
• Captain Jean Noël Abéhi 27
• Mr. Amadé Ourémi 27
• Replies to the questions raised in paragraph 22 of the list of issues 28
• Community service (Criminal Code, art. 36 and arts. 55–58) 28
• Plea bargaining (Code of Criminal Procedure, arts. 521 ff.) 28
• Court supervision (Code of Criminal Procedure, arts. 154 ff.) 28
• Settlement (Code of Criminal Procedure, art. 13) 28
• Enforcement of some custodial sentences in separate instalments of prison sentences and suspended sentences (Criminal Code, arts. 130 and 131) 28
• Collective pardons (Criminal Code, art. 132) 29
• Information on prisoners awaiting trial, prisoners serving their sentences and the occupancy rate of detention facilities 29
• Prison population as at 31 December 2019 29
• Prison population density by detention centre in 2019 29
• Measures taken to put an end to prolonged pretrial detention 30
• Replies to the questions raised in paragraph 23 of the list of issues 31
• Policy regarding the use of solitary confinement and the application of means of restraint to prisoners 31
• Detainees transferred to health centres and psychiatric hospitals 32
• Measures taken to address concerns about the poor quality of food and unsanitary conditions in places of detention 32
• Measures taken to ensure the availability of medical services in health facilities 32
• Measures taken to ensure that men are separated from women, untried prisoners from convicted prisoners and adults from minors 32
• Replies to the questions raised in paragraph 24 of the list of issues 33
• Replies to the questions raised in paragraph 25 of the list of issues 33
• Results of investigations into these deaths 33
• Articles 12 and 13 33
• Replies to the questions raised in paragraph 26 of the list of issues 33
• Investigations, disciplinary and criminal proceedings, convictions and the criminal or disciplinary sanctions applied, with examples of relevant cases and/or judicial decisions 33
• Measures taken to protect victims, witnesses and judicial officials from reprisals 34
• Replies to the questions raised in paragraph 27 of the list of issues 34
• Replies to the questions raised in paragraph 28 of the list of issues 34
• Clarification of the status of dozos 35
• Replies to the questions raised in paragraph 29 of the list of issues 35
• Measures taken to investigate the mass graves in Yopougon and Nahibly 35
• The mass grave in Yopougon 35
• The mass grave in Nahibly 36
• Replies to the questions raised in paragraph 30 of the list of issues 36
• Replies to the questions raised in paragraph 31 of the list of issues 36
• Replies to the questions raised in paragraph 32 of the list of issues 36
• Allegations of acts of extortion and physical violence against inhabitants of protected forests 36
• Replies to the questions raised in paragraph 33 of the list of issues 37
• The allegations that the Unit is not independent 37
• Replies to the questions raised in paragraph 34 of the list of issues 37
• Measures taken to establish an effective complaints mechanism for persons deprived of their liberty 37
• Article 14 38
• Replies to the questions raised in paragraph 35 of the list of issues 38
• Ongoing reparation programmes 38
• Replies to the questions raised in paragraph 36 of the list of issues 38
• The scope of the mandate of the National Commission for Reconciliation and Compensation of Victims and the National Programme for Social Cohesion 38
• The publication of the final report of the Dialogue, Truth and Reconciliation Commission 39
• Replies to the questions raised in paragraph 37 of the list of issues 39
• Article 15 40
• Replies to the questions raised in paragraph 38 of the list of issues 40
• Examples of cases that have been dismissed by the courts owing to the introduction of evidence or testimony obtained through torture 40
• Article 16 40
• Replies to the questions raised in paragraph 39 of the list of issues 40
• Replies to the questions raised in paragraph 40 of the list of issues 40
• Replies to the questions raised in paragraph 41 of the list of issues 41
• Replies to the questions raised in paragraph 42 of the list of issues 41
• Replies to the questions raised in paragraph 43 of the list of issues 42
• Strengthening the legal and regulatory framework 42
• Raising public awareness 43
• Launch of a website dedicated to combating child labour in Côte d’Ivoire 43
• Capacity-building for child protection professionals in combating the worst forms of child labour 43
• Strengthening bilateral cooperation in combating cross-border child trafficking 44
• Protection of children 44
• Suppressing the problem 45
• Other issues 45
• Replies to the questions raised in paragraph 44 of the list of issues 45
• Compatibility of the measures taken with the State’s obligations under international law 46
• Training given to law enforcement officers and the number and types of convictions handed down under counter-terrorism legislation and the remedies available to persons subjected to antiterrorist measures 46
• Complaints of non-observance of international standards 47
• Replies to the questions raised in paragraph 45 of the list of issues 47
• Replies to the questions raised in paragraph 46 of the list of issues 47
• General information regarding other measures and developments relating to the implementation of the Convention in the State party 47
• Replies to the questions raised in paragraph 47 of the list of issues 47