If the judges in The Hague have once again extended the decision to hold the first president of the Second Republic in Ivorian in the Scheveningen detention, they have never been "hot" to find an arrangement for him benefiting from a system of provisional release "reassuring" for an "international community" that continues to support Ouattara but feels embarrassed at the seams. Anything could happen! At priori, the third periodic decision of Trial Chamber I on the detention of President Laurent Gbagbo is no different from others. However, it was highly anticipated, since the judges who ruled on the issue are the same that there is a little more than a month, asked the Prosecutor Fatou Bensouda to review its because she had not "sufficient evidence" to justify a lawsuit against the head of the Ivorian state overthrown by the UN-France coalition
Silvia Fernandez de Gurmendi (Argentina), Hans-Peter Kaul (Germany) and Christine Van den Wyngaert (Belgium) decided, in spite of what could be considered as new circumstances - Does the defendant have to pay the fact that the Prosecution failed to mount a credible case against him over 18 months? - To keep Gbagbo in custody. They believed that the postponement of the decision confirming or denying the charges did not mean reversal of charges, and did not constitute a "change in circumstances" likely to change the status quo ante.
Why the judges rejected the parallel with the Kenyan case
Reading the judges' decision, which was made public yesterday, allows to realize that highly controversial reports of UN experts continue to be taken into consideration when it comes to justify the continued detention of Gbagbo, yet they have not been validated as "sufficient evidence" to pave the way for a trial.
How does the Chamber explained this apparent contradiction? In what may appear to some observers as a kind of hypocritical legalism. The "standard of proof" applied by the House are not the same when it comes to justify the detention of an accused and the determination of the facts alleged against him, explain the judges!
The defense tried to plead the release of Gbagbo relying on the ICC proceedings on the post-election crisis in Kenya in 2008, which saw the main defendants - including the current head of state Uhuru Kenyatta - appear free. The Trial Chamber has responded to this argument by arguing the argument that the choice between an arrest warrant and a summons within the jurisdiction of the prosecutor's office, which will decide on each case based on "specific circumstances ". On the existence of a "network" of Gbagbo supporters in Côte d'Ivoire and the outside, which could help to escape the gauntlet of justice if released, the existence or not of material resources placed at his disposal, which could thwart the work of the ICC, the judges felt that the defense did not provide any new information that may lead them to change their decision.
Why this decision marks a turning imperceptibly
Nothing new under the sun, then? Not. Despite the development of the above arguments, the Trial Chamber I is showing itself more than ever open to a formula guaranteeing Gbagbo bail while reassuring the ICC. Of course, beyond the ICC, one can glimpse the "international community" (UN and France in particular), which is concerned that Gbagbo out of Scheveningen could cause as political damage to the "new political order" that it painfully trying to implement in Côte d'Ivoire with Alassane Ouattara which it continues to support with the energy of despair, but about whom many have no longer any illusions about his ability to reconcile Côte d'Ivoire.
The last sentences of the text released yesterday by the Pre-Trial Chamber I are in this respect instructive. "In the decision of 12 March 2013, the Judge held that" the risks associated with the release and the knowledge by the outside world of such a release can currently only be effectively managed in the detention center of the Court . " As noted above, the risk still exists. Nevertheless, the Chamber considers that, in light of the particular circumstances of this case, and considering the fundamental principle that deprivation of liberty should be the exception and not the rule, determine whether it is now possible 'sufficiently mitigate these risks through a form of parole.
However, it should be noted that, at this stage, no specific option to release Mr Gbagbo in conditions that would be enough to mitigate these risks are known in the House. Thus, parole can not currently be given. However, the Chamber notes that this decision is without prejudice to the possibility of considering parole in the future, if a viable solution is found, with the imposition of appropriate conditions. The House is open to the examination of such a solution, and seeks itself to identify potential methods of parole sufficient to mitigate the identified risks. If it becomes necessary, the House will hold a status conference to this effect, "it said.
In summary, the judges felt that the formulas presented in the past were not so reassuring, and ask Gbagbo lawyers to get back to work and to think of other solutions which will enable him to get out of jail while having sufficient guarantees of representation for further proceedings. Better still, it proposes itself to consider THEREFORE an appropriated draft. Secret negotiations have already begun! According to information from Nouveau Courier(Ivorian Newspaper), negotiations could be accelerated after the summer recess, which run from 19 July to 12 August.
In the coming weeks and months , the Ouattara regime, whose current nervousness on this issue is due to his knowledge of the evolution of the state of mind of certain circles in the ICC , will have in mind trying to prove by all means that any release of Gbagbo would be equivalent to the return of civil war in Côte d'Ivoire. It is not impossible that in the near future, the regime creates "attacks" or publicized "confessions" of alleged destabilizing commissioned by "Gbagbo" to fuel its apocalyptic theories.
Source : Nouveau Courier by
Now why these highly controversial reports of UN experts continue to be taken into consideration when it comes to justify the continued detention of Gbagbo,since they have not been validated as "sufficient evidence" to open the way for a trial. ? .. Well the very controversial reports of UN experts are the same on which all resolutions on Côte d'Ivoire is based .... As we did not stop to say everything is a montage in the Ivory Coast Vs multinationals and the tools(UN, EU, IMF , France, Obama), . ... the very presence of French in a so called impartial forces while the most illiterate person knows that France cannot be a neutral country her "former" colonies confirms our view .... And the proof is that these montages against Gbagbo during a decade that led to the resolutions of the Security Council (manipulated by the same France) in Ivory Coast up to the bombing of civilians by the UN/French troops are initiated and draft by France ..... So unless the ICC believes we are out of our mind or intellectually defective they cannot expect us to be ignorant of all these details consolidating the political mafia order of the trial ... Anyway we were warned that the ICC was not a true court because funded mostly by the same mafia that multinationals are racing Ivory Coast as George Soros and so on. Otherwise since when it's in the ICC role to keep a country of political protest or event ? If the UN or the international community were really worry about civil war they wouldn't help help the armed rebellion in Ivory Coast and elsewhere such as Libya, Mali, and Syria....Secondly that's the job of the peacekeeper not the ICC...And regarding the so called the existence of a "network" of supporters in Ivory Coast and the outside, which could help to escape the gauntlet of justice if released we can just ask the juges to check President Gbagbo's files once again, For someone who rejected Obama offer to make him escape the USA from the presidential residency while under heavy UN/France troops bombing to be a lecturer in Boston , And the same person still insisting to recount the ballot which should confirm his victory for those who still doubting , and for someone who is ready to go through all the trial if the court is impartial, how on earth would he escape when he's the one who is having his accusers on trial ? Please lets be serious for once the only risk the ICC as well as UN/EU/France/USA would be facing is be exposed since the only real threat for them is the people of Ivory Coast behind the one they chose to govern their nation....If the regime imposed by a putsch and their support can't take that's they business it cannot constitute ICC reason for rejecting a bail, specially when the prosecution is based on UN experts fabrications....for such a serious accusation as crime against humanity , rapes etc with more than 18 months of detentions....competent juges would had closed the cases and sanctions the prosecutor....
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