The trial of former Ivorian president and former leader of the Young Patriots Charles Blé Goudé began in January 2016. Both were acquitted in the first instance, in early 2019, of crimes against humanity and war crimes, in the context of the violence committed between December 2010 and April 2011 following the announcement of the results of the presidential election. The ICC must decide on these acquittals on Wednesday.
One of the first major highlights of this trial is the intervention of Fatou Bensouda’s team. The prosecution presents many documents and calls almost 80 witnesses to the bar, including military and political officials. His aim: to show that Laurent Gbagbo and Charles Blé Goudé were part of a “limited circle”, which had drawn up a “common plan” to remain in power, the day after the disputed results at the end of 2010, and this went through acts of violence.
“The evidence shows that Laurent Gbagbo was given information about the preparation and execution of the attacks, and that he gave instructions,” explains Eric MacDonald, chief prosecutor. It is not useful to show that a joint plan has been drawn up as such: a joint plan may not be written or express. But it can be deduced from the facts. Our thesis is that Laurent Gbagbo had given orders that resulted in crime. For example, on December 15, 2010, by sending troops against political opponents marching on the streets of Abidjan, Gbagbo was + at least + aware that crime would occur ”.
Gbagbo and Blé Goudé acquitted in the first instance
After two years of hearings, the trial changes, the judges are not convinced of the accusations from The Public Prosecutor’s Office. They allow the defense of Laurent Gbagbo and Charles Blé Goudé to claim acquittal without presenting their witnesses.
Advice from the former Ivorian president insists on one point. The prosecutor does not have enough evidence to strictly link the victims to the four alleged incidents in this trial. They also question the independence and reliability of forensic expertise presented by the prosecutor.
In mid-January 2019, the judges acquitted the two defendants from the preliminary investigation chamber. President-Judge Cuno Tarfusser even goes so far as to speak of the “exceptional weakness” in the prosecutor’s case.
“The majority of judges believe the prosecutor has not proved that there is a common plan to keep Laurent Gbagbo in power, which involved crimes against civilians,” Judge Tarfusseur said on January 15, 2019 during a hearing held at the ICC headquarters in The Hague. He also failed to prove the existence of a policy aimed at civilians, the judge presiding over the Pre-Trial Chamber continues.
Finally, the prosecutor failed to show that the public statements of Laurent Gbagbo and Charles Blé Goudé constituted an order or an invitation to commit a crime. This is the reason why the majority considers that the prosecutor did not respect the standard of evidence defined in Article 66 of the Rome Statute and decides to acquit the defense of all charges against Messrs. Gbagbo and Blé Goudé “, Judge Tarfusser concludes.
Once acquitted, Laurent Gbagbo and Charles Blé Goudé released, under several conditions. The former Ivorian president is settling in Belgium, and the former head of the patriots, in the Netherlands, pending possible consequences for the ICC.
Appeal procedure: the acquittal in question
The Public Prosecutor’s Office calls on the Board of Appeal to reclassify the decision taken at first instance, in order to find a dismissal as it condemns “procedural errors”.
Several scenarios are possible.
“If the judges confirm the acquittal and therefore agree with the chamber, this should definitely complete the case,” said Thijs Bougnewt, professor and researcher at the University of Amsterdam. On the other hand, this lawyer who specializes in international crime continues. Things are more complex about the judges. “follows the prosecutor and announces a dismissal: they would thus give the prosecutor the opportunity to initiate a new trial. This would mean that a completely new file would be opened. But that depends on the intentions of the prosecuting authority”.
The discussions will be done live at 3 pm on Wednesday afternoon in The Hague.
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