ICC: Prosecutor denounces procedural defects in the acquittal of Laurent Gbagbo

Text by: RFI Follow

Since this Monday morning, Fatou Bensouda and her team have been explaining and defending the reasons that prompt them to appeal the acquittal of Laurent Gbagbo and Charles Blé Goudé. The prosecution has three days to convince.

Publicity

As expected, the prosecution claims the invalidation of the trial and the quashing of the acquittals . This morning, his counsel spoke for thirty minutes to defend this approach. The prosecutor's office complains about procedural flaws committed by the trial chamber. The deputy of the prosecutor mentioned this morning the fact that the magistrates had given their written reasons six months after having decided to acquit the former president and the former Minister for Youth of Côte d'Ivoire.

As a reminder, on January 15, 2019, the judges of the trial chamber had acquitted the former Ivorian head of state, orally. A decision presented as being "  taken by majority  ". And six months later, the judges had delivered their written brief, detailing the arguments which had motivated the acquittal. This acquittal decision "  is not a patchwork  ", underlines Me Gallmetzer Reinhold, it should have been pronounced at the time when the written report was ready.

For the prosecution, when they made their decision in January 2019, the judges could not have had the time to analyze the 4,600 exhibits and the 96 testimonies presented during the three years dedicated to the prosecution. She therefore considers that this had an impact on the final result, that is to say the acquittal.

" Basically unjust "

On the side of the victims, the lawyer denounced "  fundamentally unfair  " procedures. She also recalled the differences between the three judges throughout the case. For Paolina Massidda, the trial did not shed light on the 2010-2011 crisis: “  The right to truth, justice and possibly reparation has been biased due to the incapacity of the trial chamber to conduct fair proceedings. We identified several errors in the written decision of the judges. They failed to shed light on the post-electoral crisis in Côte d'Ivoire.  "

For the defense, these arguments are unfounded. For two years, the prosecutor had the time to present her case, the rights of Laurent Gbagbo were at the heart of the proceedings of the judges. "  What justice would have been done if the judges had waited six more months to render their decision,  " questions Mr. Jacobs.

The International Criminal Court has taken specific action in response to the coronavirus pandemic. It is therefore a special audience on the form which is held for three days. It's a semi-virtual audience. ICC members have been teleworking for several weeks: this is a gradual recovery. Everything was done to respect the barrier gestures: three judges out of five sit in the courtroom, some actors in the trial participate in the hearing from another room in the court. Even if the Netherlands is no longer confined, that the European borders are almost open, the Court remains cautious, so it has remained closed to the press and the public.

And only a few actors are present in the courtroom, including Charles Blé Goudé, a well-arranged suit and a mask on his nose, who resides in The Hague and traveled to the Court this morning by bicycle. For his part, Laurent Gbagbo follows the hearing by video from his residence in Brussels, as does Me Emmanuel Altit, his main lawyer. The hearings were spread over three days, with several breaks to correct technical errors. This was particularly the case this morning, in terms of translation which could not keep pace.

Newsletter Receive all international news directly in your mailbox

Follow all international news by downloading the RFI application

• Ivory Coast
• Justice
• International justice
• Gbagbo trial
• Laurent Gbagbo
• Charles Blé Goudé

On the same subject

ICC: what scenarios for the rest of the Gbagbo / Blé Goudé case?

The ICC examines the request for an appeal trial against Laurent Gbagbo and Charles Blé Goudé

Presidential election in Côte d'Ivoire: ex-President Laurent Gbagbo calls for dialogue