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    January 09, 2012

ICC Considers Providing Legal Aid for Gbagbo Defense

   Richard Dicker of Human Rights Watch says it is a basic human right
   that all accused get representation by defense counsel

   James Butty
   Ivory Coast's former president Laurent Gbagbo waits for judges to
   arrive for his initial court appearance at the International Criminal
   Court in The Hague December 5, 2011.
   Photo: Reuters
   Ivory Coast's former president Laurent Gbagbo waits for judges to
   arrive for his initial court appearance at the International Criminal
   Court in The Hague December 5, 2011. Gbagbo appeared at the
   International Criminal Court on Monday, facing charges of crimes
   against humanity, including murder and rape, the first former head of
   state expected to be tried by the court since its inception in 2002.

   A human rights lawyer said it is not uncommon for a high-profile
   individual like former Ivorian President Laurent Gbagbo, facing charges
   before the International Criminal Court, to get legal assistance.

   The ICC clerk is quoted as saying Gbagbo will get legal aid for his
   trial.

   The former leader was taken to The Hague last November to face trial
   for four counts of crimes against humanity for his alleged role in
   Ivory Coast's post-election violence.

   His lawyers reportedly told the court that they have no resources with
   which to conduct his defense.

   Richard Dicker, director of the international justice program at the
   U.S.-based Human Rights Watch, said former Liberian President Charles
   Taylor got similar treatment during his trial before the ICC.

   'Crucial to any accused receiving a fair trial is that he or she
   receives legal representation from effective legal counsel defense
   attorneys. That's a basic human right. And, if in fact the accused does
   not have funding to pay himself for that legal representation, then the
   court that is trying the individual subsidizes or makes the payment to
   the defense attorneys,' he said.

   Dicker said he shares what he calls the well-founded skepticism of any
   Ivorian who might question the notion that Gbagbo does not have the
   money to pay for his own defense.

   But, he said it is a common practice in U.S. domestic legal practice
   and even international practice for a court to provide legal aid for a
   defendant who might not have the resources.

   'We've seen this claim of poverty made, for example, by former Liberian
   president Charles Taylor. Charles Taylor received very high quality
   legal defense that cost quite a bit of money, but because Mr. Taylor
   alleged impoverishment, and because the court was unable to identify
   and seize assets that Mr. Taylor may have had stashed away somewhere,
   the court paid for Taylor's defense,' Dicker said.

   A statement by the ICC clerk reportedly said the financial aid granted
   by the court will cover only the preliminary stages of Gbagbo's case
   while the court investigates his financial status.

   Dicker said the court made the right decision, at least for now,
   because it is a basic human right that all accused must have
   representation by defense counsel.

   'What I make of the order you cited coming from the ICC about Laurent
   Gbagbo is that the court is trying to identify possible assets of
   Laurent Gbagbo that could be used to pay for his defense in the interim
   until such determination is made, rather than Gbagbo not receive the
   benefit of legal counsel,' Dicker said.

   Dicker said, as serious as the charges against Gbagbo are, ICC
   sentencing guidelines prohibit the imposition of capital punishment, or
   the death penalty.