Related Rule
Côte d’Ivoire
Practice Relating to Rule 100. Fair Trial Guarantees
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
I.3. War crimes
This is by far the breach which can take the most varied forms. It relates to the grave breaches of the 1949 Geneva Conventions, namely the following acts directed against the persons or objects protected by these acts:
- wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 44–45.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Article 139
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
1 - grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
- wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
3 - in the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
- the passing of sentences … without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable;
Article 139-1
The provisions of paragraphs 3 and 4 of the above article 139 do not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
Article 139-2
Protected persons referred to in article 139 are in particular:
1 - civilian or military wounded, sick or shipwrecked;
2 - civilians in the power of the enemy;
3 - persons who do not take part directly or who no longer take part in hostilities;
4 - medical and religious personnel, whether civilian or military;
5 - persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained. 
Côte d’Ivoire, Penal Code, 1981, as amended in 2015, Articles 139–139-2.
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
I.2. Protection of combatants and associated personnel
A person hors de combat must be collected and protected in conformity with the provisions of Geneva Convention I for the Amelioration of the Condition of the Wounded and Sick. In this respect, they must not be the object:
- of the passing of sentences and the carrying out of a penalty without previous judgement pronounced by a regularly constituted court. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 23–24.
In 2013, in its initial report to the Human Rights Committee, Côte d’Ivoire stated:
Special jurisdictions
1. The Abidjan Military Tribunal
451. There is only one military tribunal in Côte d’Ivoire. This is a special court for members of the Armed Forces whose prosecuting magistrate and four jurors are also military personnel. Only the President is a civilian magistrate, seconded from the Abidjan Court of Appeal.
453. In peacetime it is competent, when the accused are all military personnel, to try:
– Military offences defined by the Criminal Code when they are unconnected with any infractions falling within the purview of other courts;
– National security offences;
– Any offence committed either during service or whilst in service (this does not apply to non-military offences committed by the military personnel of the gendarmerie while discharging their functions as a civilian judicial police force or administrative police force), or whilst maintaining order, or within a military establishment.
454. If even one civilian is suspected of having committed an infraction with a group of military personnel, the ordinary courts will have exclusive competence.
455. In wartime, this rule is reversed and the military tribunal becomes competent to try civilians, even when no military personnel are involved. The military tribunal becomes a court of first and last instance: no appeal is possible against its rulings, as with assize court judgements. 
Côte d’Ivoire, Initial report to the Human Rights Committee, 21 May 2013, UN Doc. CCPR/C/CIV/1, submitted 19 March 2013, §§ 451 and 453–455.
Côte d’Ivoire’s Criminal Procedure Code (1960), as amended up to 1969, states:
TITLE I: THE COURT OF ASSIZES
CHAPTER 4: THE PREPARATORY PROCEDURE TO THE ASSIZES SESSIONS
SECTION 1: MANDATORY PROCEDURES
ARTICLE 268
The remand mandate is notified to the accused.
A copy is left to him or her.
This notification must be made in person if the accused is in custody. Otherwise, it shall be served in the manner provided for in Title IV of this Book.
ARTICLE 279
Every accused is provided, free of charge, with a copy of the minutes setting out the offence, the written witnesses’ statements and the experts’ reports. 
Côte d’Ivoire, Criminal Procedure Code, 1960, as amended up to 1969, Articles 268 and 279.
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
ARTICLE 274
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.
ARTICLE 275
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.
ARTICLE 278
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.
ARTICLE 279
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.
ARTICLE 280
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
ARTICLE 317
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. 
Côte d’Ivoire, Criminal Procedure Code, 1960, Articles 274–275, 278–280 and 317.
Côte d’Ivoire’s Criminal Procedure Code (1960), as amended up to 1969, states:
TITLE I: THE COURT OF ASSIZES
CHAPTER 4: THE PREPARATORY PROCEDURE TO THE ASSIZES SESSIONS
SECTION 1: MANDATORY PROCEDURES
ARTICLE 281
At least twenty-four (24) hours before the opening of the hearings the public prosecutor and the civil party notify the accused, and the accused notifies the public prosecutor and, if appropriate, the civil party, of the list of persons that they want to be heard as witnesses.
The fees for the summoning of witnesses made at the parties’ request and for their indemnities, if requested, are charged to the parties. This does not apply to the witnesses indicated by the accused, when their summoning is requested by the public prosecutor with the belief that their declarations could be useful in ascertaining the truth.
CHAPTER 6: HEARINGS
SECTION 1: GENERAL PROVISIONS
ARTICLE 312
… [T]he public prosecutor may directly question the accused and the witnesses.
The accused or his or her counsel may, through the President [of the Court], question the co-accused, the witnesses and the civil party. …
SECTION 3: THE PRODUCTION AND DISCUSSION OF EVIDENCE
ARTICLE 332
After every deposition, the President may question the witnesses.
The public prosecutor, counsels of the accused and the civil party, the accused and the civil party have the same right, subject to the conditions expressed in Article 312. 
Côte d’Ivoire, Criminal Procedure Code, 1960, as amended up to 1969, Articles 281, 312 and 332.
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
ARTICLE 272
The President of the Court of Assizes questions the accused within the shortest possible period of time, after the arrival of the accused in prison, the submission of the dossier to the public prosecutor and the submission of the evidence to the registry.
An interpreter must be used if the accused does not understand or speak French.
CHAPTER 6: HEARINGS
SECTION 3: THE PRODUCTION AND DISCUSSION OF EVIDENCE
ARTICLE 344
If the accused, the witnesses or one among them does not speak French sufficiently, or if the translation of a document submitted to trial is needed, the President appoints ex officio an interpreter, at least 21 years old, and has him or her take an oath to faithfully carry out the task.
The public prosecutor, the accused and the civil party may reject the interpreter, justifying their rejection. The Court decides on this rejection. Its decision shall not be subject to any form of appeal.
….
ARTICLE 345
If the accused is deaf and unable to speak or write, the President appoints ex officio as interpreter the person who is most accustomed to communicating with the accused.
The same applies in case of a deaf witness.
The other provisions of the previous article are applicable.
If the deaf person is able to write, the registrar puts in writing the questions or observations directed at that person; they are submitted to the accused or witness, who gives his or her answers and declarations in writing. The whole is read out by the registrar. 
Côte d’Ivoire, Criminal Procedure Code, 1960, Articles 272 and 344–345.
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
ARTICLE 270
If the accused cannot be seized or does not appear [before the Court], proceedings will be held in absentia.
CHAPTER 6: HEARINGS
SECTION 2: THE ACCUSED’S APPEARANCE
ARTICLE 318
The accused freely appears [before the Court], escorted by guards only to prevent escape.
ARTICLE 319
If an accused refuses to appear, he or she is summoned in the name of the law, by a bailiff assigned to that purpose by the President [of the Court] and assisted by law enforcement authorities. The bailiff prepares minutes of the summoning and of the accused’s reply.
ARTICLE 320
If the accused does not comply with the summons, the President may order his or her forcible appearance before the Court. The President may also, after reading out the minutes ascertaining the accused’s resistance, order, notwithstanding the accused’s absence, to proceed with the debates.
After each hearing, the Registrar of the Court of Assizes reads the minutes of the debates to the accused who has not appeared, and he provides the accused with a copy of the requisitions of the public prosecutor and of the Court’s rulings, which are all considered to have been adversarial.
ARTICLE 321
If, at a hearing, one of the attendees disrupts order in any manner whatsoever, the President may order his or her expulsion from the hearing room.
ARTICLE 322
If the order is disrupted by the accused, the provisions of Article 321 apply.
If expelled from the hearing room, the accused is kept available to the Court by law enforcement authorities until the end of the proceedings. After each hearing, the procedures described in the second paragraph of Article 320 are followed. 
Côte d’Ivoire, Criminal Procedure Code, 1960, Articles 270 and 318–322.
Côte d’Ivoire’s Criminal Procedure Code (1960) states:
TITLE I: THE COURT OF ASSIZES
CHAPTER 6: HEARINGS
SECTION 1: GENERAL PROVISIONS
ARTICLE 306
Hearings shall be public, unless publicity is a threat to order or morality. In this case, the Court shall declare this in a ruling in a public hearing.
However, the President may prohibit minors or certain minors from having access to the courtroom.
The judgment on the merits must always be delivered at a public hearing. 
Côte d’Ivoire, Criminal Procedure Code, 1960, Article 306.
Côte d’Ivoire’s Criminal Procedure Code (1960) states: “After pronouncing the judgment, the President advises, if applicable, the accused of his or her entitlement to lodge an appeal in cassation, and of its time limits.” 
Côte d’Ivoire, Criminal Procedure Code, 1960, Article 359.