Norma relacionada
Côte d’Ivoire
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Côte d’Ivoire’s Teaching Manual (2007) provides in Book I (Basic instruction):
Lesson 3. Rules of behaviour in combat
I.1 Basic rules
[Basic Rule No. 7]:
Treat prisoners humanely. No physical or mental torture is permitted. They are bound to give only information concerning their identity.
I.2 Specific rules
Enemy combatant prisoners
4. Treat them humanely:
- torture and ill-treatment are prohibited,
Lesson 4. Breaches and repression of violations of IHL
I. Grave violations
They are enumerated by the Geneva Conventions and the Additional Protocols, as well as by the Ivorian Penal Code.
They are:
- torture. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre I: Instruction de base, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 21–22, 23–24 and 29; see also Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 16; Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 39; Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 66.
In Book II (Instruction of non-commissioned officers and officers), the Teaching Manual provides:
I.1.1. War crimes
They are grave violations of IHL mentioned in the Geneva Conventions and their Additional Protocols, committed during armed conflict.
Examples: … torture … 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre II: Instruction du gradé et du cadre, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 28.
In Book III, Volume 2 (Instruction of second-year trainee officers), the Teaching Manual provides:
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:
- torture or inhuman treatment, …;
- wilfully causing great suffering or serious injury to body or health. 
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, p. 44.
In Book III, Volume 1 (Instruction of first-year trainee officers), the Teaching Manual provides:
III.3. Identification of prisoners or war
Prisoners of war must be identified and they are therefore under the obligation to give you their identification number, their rank, their name and first name as well as their date of birth. They are not bound to give other information. This does not mean that one cannot ask them other questions, in particular for tactical information. Prisoners can be a valuable source of information, but no form of coercion or of torture – physical or mental – must be used to force a prisoner to give information. An interrogation requires time and qualified personnel. Therefore, prisoners of war must be rapidly evacuated to the rear, where duly trained interrogators, operating with respect for the law, can do this work in good conditions. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre III, Tome 1: Instruction de l’élève officier d’active de 1ère année, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 46.
In Book IV (Instruction of heads of division and company commanders), the Teaching Manual provides:
II.2.4. Interrogation/Identification
A POW [prisoner of war] can be interrogated, but he is bound to give only his name, rank, matriculation number and date of birth. …
It is prohibited to apply coercion of any kind against the POW in order to try to obtain other information. …
Interrogation of POWs should be carried out only by qualified personnel of the armed forces, normally intelligence personnel, in conformity with relevant directives by the United Nations, the coalition or the country. No physical or mental torture, nor any other form of coercion, may be inflicted on POWs or detainees to force them to give information of any kind whatever. POWs who refuse to answer may not be threatened, insulted, or exposed to any unpleasant or disadvantageous treatment of any kind. 
Côte d’Ivoire, Droit de la guerre, Manuel d’instruction, Livre IV: Instruction du chef de section et du commandant de compagnie, Manuel de l’élève, Ministère de la Défense, Forces Armées Nationales, November 2007, p. 63.
Under Côte d’Ivoire’s Penal Code (1981), as amended in 1998, organizing, ordering or carrying out, in time of war or occupation, acts of torture or inhuman treatment of the civilian population constitutes a “crime against the civilian population”. It adds that torture or inhuman treatment or causing great injuries and suffering to prisoners of war and internees is a “crime against prisoners of war”. 
Côte d’Ivoire, Penal Code, 1981, as amended in 1998, Article 139(1).
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:
- torture or inhuman treatment …
- wilfully causing great suffering, or serious injury to body or health;
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- committing outrages upon personal dignity, in particular humiliating and degrading treatment;
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:
- violence to life and person, in particular … cruel treatment and torture;
- committing outrages upon personal dignity, in particular humiliating and degrading treatment;
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.
In 2013, in its initial report to the Human Rights Committee, Côte d’Ivoire stated:
Article 6
The right to life
192. The sociopolitical disturbances of recent years in Côte d’Ivoire had a negative impact on respect for the right to life. Over this period, cases of torture and cruel, inhuman and degrading treatment, extrajudicial executions and abductions and forced disappearances were observed in different parts of the country. …
Forced disappearances
211. The National Commission of Inquiry created by Decree No. 2011-176 of 20 July 2011 to investigate violations of human rights and public freedoms in the aftermath of the presidential election held on 31 October and 28 November 2010 was given the task of conducting non-judicial investigations into breaches of human rights and international humanitarian law in the period from 31 October 2010 to 15 May 2011.
212. The Commission submitted its report to the country’s President in August 2012. …
213. … The report also identifies 3,248 cases of “violations of the right to life”, 8,141 cases of “violence to the person”, 345 cases of “torture”, 194 cases of “rape”, 265 “forced disappearances” and 260 cases of “arbitrary detention”.
Article 7
The prohibition of torture
271. Measures to combat torture and ill-treatment are a standing priority in the reform process now under way in Côte d’Ivoire. …
273. Besides forbidding the death penalty, the Ivorian Constitution protects citizens against physical or mental torture and cruel, human and degrading treatment and punishment. As article 3 of the Constitution states: “Slavery, forced labour, inhuman and cruel, degrading and humiliating treatment, physical or mental torture, physical violence and disfigurement and anything that degrades the human being are forbidden and punishable by law.”
274. No provision of the Criminal Code explicitly defines torture or cruel, inhuman or degrading treatment. However, the Code does include provisions forbidding acts of torture (arts. 138, 139, 344 and 374) and treatment that is cruel, inhuman or degrading to human beings (arts. 138 and 139).
275. Nonetheless, cases of torture and cruel, inhuman and degrading treatment have been observed in Abidjan and various other parts of the country over the past decade, while the State, having fallen into some disarray, has not been able to muster the institutional or logistical resources to order their cessation or prevent their resurgence.
277. During the post-election period alone, the National Commission of Inquiry counted 296 cases of torture leading to death, 1,354 cases of torture and 1,135 cases of cruel, inhuman and degrading treatment. The Commission has recommended that the perpetrators of these acts should be prosecuted, but failure to bring charges has made it impossible to prosecute perpetrators of torture in Côte d’Ivoire.
The remedies available to victims of torture or ill-treatment, including the right to compensation
288. Besides the constitutional guarantee prohibiting torture and the relevant articles of international conventions with the force of law as provided by article 87 of the Constitution, the perpetrators of torture and ill-treatment can be prosecuted under article 194 of the Criminal Code.
289. Measures have been taken by the Government to put an end to torture and inhuman treatment allegedly committed by the FRCI and the fraternity of traditional hunters known as “Dozos”. 
Côte d’Ivoire, Initial report to the Human Rights Committee, 21 May 2013, UN Doc. CCPR/C/CIV/1, submitted 19 March 2013, §§ 192, 211–213, 271, 273–275, 277 and 288–289.
In 2013, in its initial report to the Human Rights Committee, Côte d’Ivoire stated:
Article 7
The prohibition of torture
273. Besides forbidding the death penalty, the Ivorian Constitution protects citizens against physical or mental torture and cruel, human and degrading treatment and punishment. As article 3 of the Constitution states: “Slavery, forced labour, inhuman and cruel, degrading and humiliating treatment, physical or mental torture, physical violence and disfigurement and anything that degrades the human being are forbidden and punishable by law.”
274. No provision of the Criminal Code explicitly defines torture or cruel, inhuman or degrading treatment. However, the Code does include provisions forbidding acts of torture (arts. 138, 139, 344 and 374) and treatment that is cruel, inhuman or degrading to human beings (arts. 138 and 139). 
Côte d’Ivoire, Initial report to the Human Rights Committee, 21 May 2013, UN Doc. CCPR/C/CIV/1, submitted 19 March 2013, §§ 273–274.