The CNDH has introduced provisions on judicial secrecy in its complaints-handling manual, however such limitations are not provided for in the enabling law. Although the CNDH has stated that it has never encountered such restrictions in practice, the SCA considers that the institution’s rules and regulations should not include provisions more restrictive than those contained in its enabling law. The SCA is of the view that such provisions could be construed as self-censorship, which may unduly restrict the effective exercise of the CNDH’s mandate.

The SCA also notes that while the legal reforms governing the penitentiary system in Côte d’Ivoire provide that the CNDH is among the institutions authorized to visit places of deprivation of liberty “at any time,” the CNDH enabling law remains silent on whether such visits may be conducted without prior notice.

Noting the information provided by the CNDH that it has proposed amendments to its enabling law to the competent authorities, the SCA recommends that the CNDH ensure that its foundational documents do not contain any provisions that may limit the scope of its mandate.

The SCA also recommends that the CNDH continue to advocate for amendments to its law to explicitly authorize unannounced and free access to inspect and examine any public premises (including places of deprivation of liberty) and documents, equipment and assets therein.The SCA refers to Paris Principles A.1, A.2, A.3, and to its General Observations 1.2 on ‘Human rights mandate.