By RFIPubliée on 17-07-2019Modified on 17-07-2019 at 00:22

The ICC judges handed their written reasons for the acquittal pronounced six months ago in favor of Laurent Gbagbo and Charles Blé Goudé. They were prosecuted for crimes against humanity committed in 2010 following the presidential election in Côte d'Ivoire.

The judges first mention the " global disconnect " between the prosecution's account and the evidence on file, including the testimony heard during the trial that began in January 2016. Two of the three judges believe that the prosecutor's case was based " on an uncertain and dubious basis ", "a Manichean and simplistic account of a Côte d'Ivoire described by the prosecutor as a polarized society " between pro-Gbagbo militants and supporters of Alassane Ouattara, the two candidates in the running for the presidential election of November 2010.

For the two judges who pronounced the acquittal , to which the third judge opposes, no crime against humanity was committed by Laurent Gbagbo and Charles Blé Goudé, that is to say that no policy aimed at to attack civilians in a widespread and systematic way - this is the definition of crime against humanity - has not been implemented.

Ivorian forces in defensive position, magistrates say

Trinidadian and Italian judges believe that the evidence shows that the Ivorian forces were in a defensive position, subjected to urban guerrilla warfare and opposed to multiple actors. Among them, the Invisible Commando , on which the prosecutor had chosen to impasse, believing to weaken his thesis.

They also wonder about the forces involved: the rebellion of the New Forces ready to seize Abidjan, the French army and finally the mission of the UN in Côte d'Ivoire (Onuci), which could have appeared biased. For them, Laurent Gbagbo did not have control of the situation. And there is nothing in the case to show that he would have set up a parallel command within his forces to target civilians in favor of Alassane Ouattara, as the prosecutor said during the three-year trial.

For both acquitted, a conditional release

The prosecutor has one month to decide whether to appeal or not, but has asked for an extension until 10 October. The Appeals Chamber has not yet ruled on this point.

The two acquitted were released on 1 February, but their freedom is subject to conditions, including that of obtaining the express permission of the Court if they want to move in Côte d'Ivoire or elsewhere . Laurent Gbagbo is in Brussels. As for Charles Blé Goudé, he still lives in The Hague, in an apartment, because no State has agreed to receive him on the basis of the principle that no condition can be imposed on an acquitted person.

►Also read: Gbagbo, the ICC's nightmare

    On the same subject

    ICC hands over Laurent Gbagbo to Belgian authorities

    Ivory Coast: demonstration in Abobo against the release of Gbagbo and Blé Goudé

    Ivory Coast: Gbagbo released, FPI executives hope reunification

    Ivory Coast: 54 pro-Gbagbo activists, including former ministers, back home

    comments