Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Côte d’Ivoire’s Criminal Procedure Code (1960) states:
TITLE I: THE COURT OF ASSIZES
CHAPTER 4: THE PREPARATORY PROCEDURE TO THE ASSIZES SESSIONS
SECTION 1: MANDATORY PROCEDURES
The accused is then invited to choose counsel to assist him or her in his or her defence. If the accused does not choose his or her counsel, the President or his or her deputy shall appoint one ex officio.
This appointment is void if, afterwards, the accused chooses counsel.
The counsel must be chosen or appointed from among the lawyers registered with the Bar.
However, the President can exceptionally allow the accused to designate a family member or a friend as counsel.
The accused does not cease to be able to communicate freely with his or her counsel. The counsel may access all the documents relating to the case, provided that this access does not unduly delay the proceedings.
Every accused is provided, free of charge, with a copy of the minutes setting out the offence, the witnesses’ written statements and the experts’ reports.
The accused and the civil party or their counsels may request, at their expense, copies of all documents relating to the proceedings.
CHAPTER 6: HEARINGS
SECTION 2: THE ACCUSED’S APPEARANCE
At the hearing, a lawyer must be present with the accused.
If the lawyer chosen or appointed in accordance with Article 274 fails to appear, the President appoints another one ex officio