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The judges agreed on Friday to release the 73-year-old strong man and his badistant Charles Blé Goudé, provided that they live in a yet unspecified country, while waiting for a meeting. appeal of the prosecution.
Gbagbo and Blé Goudé have been tried on four counts of crimes against humanity for murder, rape, persecution and other inhumane acts committed by pro-Gbagbo forces following the disputed 2010 elections.
Gbagbo has been held by the ICC since 2011 and Ble Goude since 2014.
Justice of Appeal Chile Eboe-Osuji said the court would release them "in a state willing to accept them in its territory and willing to enforce the conditions" set by the court.
The Ivory Coast is a member state of the ICC, but the court might not want to send Gbagbo to his country because it refused to hand over Gbagbo 's wife, Simone, despite the fact that he was not a member of the ICC. an arrest warrant issued by the ICC.
Gbagbo had been kept in detention pending objections from prosecutors, who were considering appealing the acquittal and asking for guarantees that the men would return to court later if necessary.
Lawyers have previously discussed the deal with the former vice-president of the Democratic Republic of Congo and rebel leader Jean-Pierre Bemba, who visited Belgium after being cleared by the ICC last year.
Bemba was acquitted on appeal of crimes allegedly committed by his militia in the Central African Republic in 2002-2003.
Bemba was later found guilty of manipulating witnesses, but he was not forced to return to prison to serve his sentence.
The court ordered officials to take "appropriate interim measures" to find a place where Gbagbo would stay until a final agreement was reached with the host country.
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