Netherlands: ICC Appeals Chamber directs Trial Chamber to review Gbagbo’s detention

The Hague, Netherlands (PANA) - The Appeals Chamber of the International Criminal Court on Wednesday reversed a decision of Trial Chamber I and directed that Chamber to carry out a new review as to whether former Ivorian president Laurent Gbagbo should continue to be detained or should be released, with or without conditions.

“Until this matter has been so decided, Mr Gbagbo shall remain in detention," the Appeals Chamber said.

On 10 March 2017, Trial Chamber I decided that Mr Gbagbo shall remain in detention but the defence appealed the decision on 20 March.

The Presiding Judge Judge Piotr Hofmański read a summary of the Appeal Judgment and explained in open session that, according to the Appeals Chamber, Trial Chamber I should have considered the duration of time Mr Gbagbo has spent in detention alongside the risks being reviewed and it should have determined whether, all factors being considered, Mr Gbagbo's detention continued to be reasonable.

According to an ICC press statement, the Presiding Judge added that Trial Chamber I erred in taking into account the fact that a person denies responsibility for the charges he faces, as a factor favouring detention.

He also noted that the Trial Chamber erred by considering Mr Gbagbo's advanced age as a factor that increased his desire to abscond, rather than one that may potentially mitigate the possibility of absconding.

“The Appeals Chamber reversed the Trial Chamber's decision considering that these errors have materially affected the Trial Chamber's decision and remitted the matter to the Trial Chamber for a new review of the ruling on Mr Gbagbo's detention.

“In its decision, the Appeals Chamber emphasised that it is not suggesting what the outcome of the Trial Chamber's review should be,” the statement added.

The trial of Mr. Gbagbo and Mr. Charles Blé Goudé opened before ICC Trial Chamber I on 28 January 2016. They are accused of four counts of crimes against humanity (murder, rape, other inhumane acts or – in the alternative – attempted murder, and persecution) allegedly committed in the context of post-electoral violence in Côte d'Ivoire between 16 December 2010 and 12 April 2011.
-0- PANA AR/MA 20July2017

20 july 2017 06:59:01




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