Judge Silvia Fernández de Gurmendi refused to review the earlier Court‘s ruling, denying his request for interim release, pending confirmation of charges hearing in his case after she was “satisfied that there are no changed circumstances since the decision on interim release that affected Gbagbo’s detention.”
She further ruled that the “interim release cannot be granted” since the grounds justifying his detention still existed, thus “the continued detention of Gbagbo appears necessary.”
Counsel for the former Head of State, the first to be indicted by the ICC, applied for his provisional release for the first time in May 2012, but the Court dismissed the request on July 13, 2012 by a Pre-Trial Chamber. The Appeals Chamber confirmed the decision on October 26.
But at a hearing on October 30, Gbagbo lawyers renewed the application, claiming that there were certain changes of circumstances to warrant the defendant to be granted bail, including the prove of his ill health and availability of a State that would host him, restrict his movement and ensure his availability in court.
In the decision, the Judge recalled a Court’s decision of November 2, finding that Gbagbo was fit to take part in the proceedings against him, though his health required heightened attention.
On the offer by the State to host Gbagbo should he be granted conditional release, the judge considered it appropriate to request the Registry to seek further information from that State on the matter in order to exercise the discretion to consider conditional release judiciously.
“Thereafter, the Single Judge will determine whether conditional release should be considered, under which conditions and where they could be enforced,” reads part of the decision.
Gbagbo was arrested on April 11, 2011and transferred to custody of The Hague based court on November 30, 2011. He made his initial appearance on December 5, 2011 when he was informed of charges of crimes against humanity allegedly committed in his country between 16 December 2010 and 12 April 2011.