Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
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
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
The accused freely appears [before the Court], escorted by guards only to prevent escape.
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.
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.
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.
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.