PART THREE CIVIL AND POLITICAL RIGHTS PROMOTION AND PROTECTION MEASURES. More than three years after the post-election crisis, the civil and political rights situation has improved appreciably. A review will enable us to realize the strides made in this area. It should be noted that these rights are clearly guaranteed by the fundamental law of the Republic of Cote d’Ivoire which dedicates 22 articles to them. Non-discrimination and Equality before the Law (Art. 3 of the Charter) This fundamental principle is recognized for all by Article 20 of the constitution. This constitutional principle is deepened by Law No. 2008-222 of 4 August, 2008 which amends and complements the provisions of Articles 199, 200 and 201 of the Criminal Code on the eradication of racism, xenophobia, tribalism as well as racial and religious discrimination. Rights to Life, Freedom, Security and the Right to Protection from Torture, Cruel, Inhuman or Degrading Treatment or Punishment (Art. 4, 5 and 6 of the Charter) These rights have been established by Articles 2 and 3 of the Constitution. After they had been compromised at the end of the post-election crisis, these rights are being increasingly respected. A significant decline in their violation has been observed. The security index has also improved. According to the National Security Council (CNS), the security index was 1.2 in 2015. Right to a Fair Trial (Art.7 of the Charter) In Cote d’Ivoire, the guarantees of a fair trial are two-fold: general guarantees and specific guarantees. General guarantees derive from the independence and impartiality of the judiciary. This independence, which is the basis of the rule of law, guarantees the right of persons liable to trial to fair proceedings. This principle is established by Articles 101 and 103 of the Constitution of 1 August, 2000 which provide respectively that ‘’The judiciary shall be independent of the executive and the legislature.’’ (Art. 101) and ‘’judges shall only be subject to the authority of the law in the discharge of their duties…’’ (Art. 103). Finally, impartiality is guaranteed by legal mechanisms available to persons liable to trial, particularly the right to challenge (Art. 637 to 643 of the Criminal Procedure Code and 128 et seq. of the Civil, Commercial and Administrative Procedure Code) and legitimate suspicion (Art. 631 of the Criminal Procedure Code). Specific guarantees of the right to a fair trial are linked to the respect of the rights to defence and the presumption of innocence. The respect of the rights to defence derive from the established right of persons liable to trial to be assisted by counsel and an interpreter, particularly right from the preliminary investigation in criminal cases. The presumption of innocence is established as an inviolable principle by Article 22 of the Constitution of 1 August, 2000. Equity is also guaranteed by the three-tier jurisdiction principle. Thus, in Cote d’Ivoire, these procedures are strictly adhered to in the conduct of trials. Freedom of Conscience (Art.8 of the Charter) Article 9 of the Ivorian Constitution establishes the freedom of thought and expression, particularly the freedom of conscience, religious or philosophical opinion. Cote d’Ivoire is a secular state. Freedom of expression prevails, and violations of this freedom are punishable by Articles 195 to 201 of the criminal code. To ensure the free and diverse expression of religious beliefs, the Ministry of the Interior has a Department of Religions. In all, several religions cohabit and are practised. One often sees members of the same family freely practising different religions. 26

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