By Bineta DiagnePosted on 15-01-2019Modified on 15-01-2019 at 00:27

In The Hague on Tuesday, the Trial Chamber of the International Criminal Court deliberates on the case of former Ivorian President Laurent Gbagbo. At his side, in the box of the accused, figure Charles Blé Goudé, the former leader of the Young Patriots. Both are being prosecuted for crimes against humanity, as part of the violence committed between December 2010 and April 2011, following the announcement of the results of the presidential election. Their trial started on January 28, 2016.

From our special envoy to The Hague,

Since the beginning of the trial, the prosecutor has called 82 witnesses. For Eric MacDonald, the prosecutor's assistant, Laurent Gbagbo and Charles Blé Goudé are part of a " restricted circle " having implemented a " common plan " to stay in power by all means, including the use of violence against civilian populations who would be hostile to them. " Mr. Gbagbo has incited the forces that were loyal to him to commit crimes. On August 27, 2010, at Divo, he told them not to question the regularity of the orders he gave them, said Eric MacDonald, last October. He told them that no one would be prosecuted for their crimes, he said. In addition, Laurent Gbagbo has not taken steps to prevent crimes from being committed during the crisis .

In November, the defense was able to plead acquittal. Laurent Gbagbo's lawyers believe that the prosecutor has failed to prove the existence of a " common plan ", that it relies on many rumors, unreliable evidence. The defense questions the reliability of the evidence gathered by the prosecutor during his investigation. " The prosecutor simply did not investigate, from the beginning in an independent and professional way," says Jennifer Naouri. And that's the real reason why the rules of evidence have not been followed, she continues. He did not have the necessary legal acts performed by a qualified expert in good time. It does not present evidence that is authenticatable, verifiable, traceable, reliable, direct and can be cross-referenced, "she says.

Debates on provisional release

In December, recent discussions focused on the possibility of the provisional release of the two defendants. The prosecutor opposed this possibility. He drew up a list of restrictive conditions in the event of the provisional release of the two defendants: the payment of a deposit, the wearing of an electronic armband, the prohibition to leave the territorial residence without the agreement of the ICC. etc.

The defense guarantees that his two clients will not run away. Finally, the registry office claims to have already consulted a host State in the event of provisional release. " We have always had maximum support from this state: he has always helped us to escort people to the border and has always accepted to receive a defendant," says Marc Dubuisson, the representative of the registry. The state concerned cooperates positively with the Court, said the official .

► The three possible scenarios

In the first case, it is the detention and prosecution of all or part of the charges. In this configuration, defense lawyers will have to present witnesses to respond to the prosecutor's charges. The trial could then last a few more years.

The second scenario is the release on bail and the continuation of the trial on all or part of the charges. Here again, the defense will have to organize its thesis and present witnesses. The defendants will then be established in a state close to the ICC, with very restrictive conditions in terms of displacement. So far, no destination has been formally mentioned, but in December, the Registry reported that it contacted a " host State that cooperates positively with the Court ".

The last option is the acquittal and therefore the abandonment of all charges. This would mark the end of the trial, provided the prosecution appeals this decision.

    On the same subject

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    Gbagbo trial: in the Ivorian press, waiting for the ICC decision

    Ivory Coast: Yopougon burns with the rumor of Laurent Gbagbo's release

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