On 22 November 2012, Pre-Trial Chamber I decided to unseal a warrant of arrest issued initially on 29 February 2012 (by Pre-Trial Chamber III - at the time in charge of the situation in Ivory Coast) against Simone Gbagbo, wife of former Ivorian President Laurent Gbagbo, for four counts of crimes against humanity consisting of murder, rape and other forms of sexual violence, persecution and other inhumane acts, committed by the Ivorian Defence Forces and Security (FDS) supported by youth militia and mercenaries loyal to Laurent Gbagbo, in the territory of Ivory Coast between 16 December 2010 and 12 April 2011”.
The Pre-Trial Chamber III judges held that Simone Gbagbo "although not being an elected official, served as the alter ego of her husband in exercising the power to make decisions of State (...). In addition, at meetings or public gatherings held during the post-election crisis, she expressed her support for the common plan and instructed pro-Gbagbo forces to commit crimes against persons that posed a threat to the power of her husband. [She] exercised (...) joint control over the crimes in that she had the power to control the youth militias and give them direct instructions. Members of the militia then systematically recruited, armed, trained and integrated in the chain of command of the FDS individuals to support the implementation of the common plan.”
"This arrest reflects the seriousness of the crimes allegedly committed by Simone Gbagbo and her alleged responsibility in their organisation, even if she did not hold public office. It is a relief to many victims," said Mr. Patrick Baudouin, FIDH Honorary President. "We call on the Ivorian authorities to cooperate with the ICC, and for the ICC to strengthen the ongoing proceedings at national level," he added.
The ICC requested the immediate transfer of Simone Gbagbo to The Hague, where she would join her husband, who has been held since 30 November 2011 on similar charges. This is the first time that the ICC is pursuing a person who did not hold an official position at the time of the crimes.
FIDH, MIDH, and LIDHO call on national and international judicial bodies to immediately pursue proceedings against the perpetrators of the most serious crimes committed during the post-electoral crisis, from all sides and including those senior officials in the Republican Forces of Ivory Coast (FRCI) or its auxiliaries. Our organisations have documented numerous serious human rights violations perpetrated by the various actors in the Ivorian crisis from 2010-2011. These include members of the Ivorian FDS and FRCI and their respective auxiliaries. In this regard, we hope that, as declared by the Prosecutor, other queries will be presented and quickly acted upon to ensure the balance and impartiality of the proceedings.
"If the ICC only attribute responsibility to one party, its actions will be mostly perceived as biased, and will thereby lack any deterrent effect,” said René Hokou Legre, LIDHO President.
Proceedings are in progress on the post-electoral violence of 2010-2011 at national level. Although our organisations applaud their smooth process, we regret that they remain too obviously focused on supporters of former President Laurent Gbagbo.
“Proceedings on the post-electoral crisis before the Ivorian justice have are moving forward, but in order to unveil the whole truth and ensure that justice is rendered, this effort must go through and ensure that all those who have committed crimes are duly prosecuted. The most senior of those responsible must answer for their acts before international justice," said Mr. Yacouba Doumbia, MIDH interim President.