ICC: debates on the evidence presented during the acquittal of Laurent Gbagbo

Former Ivorian President Laurent Gbagbo at the International Criminal Court, January 15, 2019. ICC

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Second day of hearing out of three this Tuesday at the International Criminal Court concerning the case of the former Ivorian president. The prosecutor's office continues to set out its arguments against the acquittal last year of former Ivorian President Laurent Gbagbo and his former Minister of Youth, Charles Blé Goudé.

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This Tuesday morning, the victims' representative spoke to support the prosecution's request . Lawyer Paolina Massida also believes that the acquittals should be set aside. She sharply criticized the judgment rendered by the majority of the three judges, finding as the accusation that the trial chamber miscalculated the evidence.

The prosecutor developed his second argument, to prove that errors of law were made: he criticized the trial judges for having lacked clarity in the statement of the rules of the trial, in particular as regards the standard which is applies to the evidence presented in this case. However, the prosecutor's office keeps repeating it: nearly 4,600 documents were presented and 82 witnesses questioned.

" No standard of proof " for the charge

Laurent Gbagbo follows the audience from his home in Belgium, while Charles Blé Goudé is present in the courtroom. But neither of them spoke. Unsurprisingly, the lawyers of the two Ivorians contested. The defense of Laurent Gbagbo considered that, whatever it may be, that does not change the bottom of the case, because the evidence remains insufficient to pronounce a verdict other than that of the acquittal.

The judges used the standard that any judge would have used  ," says Dov Jacobs, a lawyer for the former Ivorian head of state. The prosecutor's evidence is so weak that it meets no standard of proof, even the lowest.  "

No deliberations for several weeks

Debates continue in The Hague until Wednesday and the prosecutor's office has yet to discuss the possible consequences of the case. If Fatou Bensouda obtains the quashing of the acquittals, she could ask for a new trial. This is what she has said in the past.

If she asks the judge to invalidate the trial, she does not ask them to draw the consequences. She wants to be alone in deciding what to do next. Deliberation is not expected for a few weeks.

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

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