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DRC, Part I: Public Statements by ICC and CICC Members

19 Oct 2007

Dear All,

As previously announced, Germain Katanga, ex-
rebel commander was transferred from the custody of Congolese
authorities in Kinshasa to the ICC in The Hague. Katanga is the
former leader of the Patriotic Forces of Resistance of Ituri (FRPI)
and the second Congolese war crimes suspect to be transferred to the
Court.


In addition to general information circulated yesterday on

this development, please find below a digest
of media statements from both CICC members as well as the International Criminal
Court. Statements below are from the Friends of the Congolese Law Club (le Club
des Amis du Droit du Congo), the International Criminal Court (ICC) and the
International Federation for Human Rights (FIDH).



Please note that the text below has been translated from the French by the CICC
Secretariat as a courtesy to our members. These are unofficial translations and
should not be quoted in any official documents.



Please take note of the Coalition's policy on situations before the
ICC (below), which explicitly states that the CICC will NOT take a
position on potential or pending situations before the Court. The
Coalition, however, will continue to provide the most up-to-date
information about the ICC.

Warm Regards,



Sasha Tenenbaum and Miranda Chiu

CICC Communications Section

[email protected]


********************************************

I. EXCERPTS OF MEDIA STATEMENTS

i. Friends of Congolese Law Club (le Club des Amis du Droit du Congo):
"...Germain Katanga belongs to the "small fish" category who benefited from
impunity within the ranks of the Congolese national army...[but t]he news of
this arrest brings feelings of hope and concern. Hope, in the sense that the
victims are now honored in the arrest of one of the warlords who benefited from
impunity while he was a member of the national army. This transfer is very
important, for it is the second case concerning the Ituri region, and [as
prosecutor Moreno-Ocampo stresses, it is important to note that Katanga] comes
from a different group of mercenaries..."

ii. ICC: "...As soon as Mr. Katanga arrived he underwent a medical visit which
found him to be in good health. Then Registry representatives informed the
detainee of his full rights according to the Rome Statute... in the afternoon,
the detainee received the visit of Registry representatives from the Defense
team who explained in detail his rights...Mr.Katanga designated the Bureau of
Public Counsel for the Defence as a permanent counsel to represent him during
his first appearance before the Court...."

iii. ICC: "...As the Prosecutor stated yesterday, the surrender of Mr. Germain
Katanga shows that the ICC is at work in the DRC. Mr. Germain Katanga is the
second person from the DRC in custody, after Mr. Thomas Lubanga Dyilo, and he
will not be the last. There is no immunity for the crimes under the ICC
jurisdiction and other arrest warrants will follow. While continuing our work in
our two first investigations, we are selecting our third case in the DRC and the
Prosecutor reiterated that perpetrators must know they will be prosecuted..."

iv. FIDH: "...This second arrest warrant is in accord with the call by civil
society to see those responsible for international crimes in DR held to account
for the grave crimes committed in Ituri. "We hope that the ICC will now expand
its work further to focus on those bearing the greatest responsibility for
crimes committed in Ituri, including those who supported the heads of the
militia, Lubanga and Katanga, but also in other regions of DRC", declared
Souhayr Belhassen, FIDH President..."


***************************************************

II. FULL TEXT OF MEDIA STATEMENTS



i. "Reaction regarding the Arrest of Germain Katanga (head of FRPI),"
Media statement by the Friends of Congolese Law Club (le Club des Amis du Droit
du Congo), 19 October 2007
http://banacongo.afrikblog.com/archives/2007/09/10/6168938.html



It was with joy that the Friends of Congolese Law Club (le Club des Amis du
Droit du Congo) learned of the arrest of Germain Katanga, the 29-year-old head
of the Patriotic Resistance Force in Ituri (also known as the FRPI, a militia
that was created at the end of 2002 with Ugandan support) who was extradited by
the Congolese authorities to the ICC and transferred to the ICC headquarters in
The Hague.



As we mentioned earlier in our discussion about "The ICC: Justice of the big or
small fish," Germain Katanga belongs to the 'small fish' category who benefited
from impunity within the ranks of the Congolese national army.



Katanga played a crucial role in planning and implementing an attack in 2003
against the village of Bogoro, targeting mainly Hema civilians, and he was
listed as one of the persons against whom measures outlined in paragraph 13 and
15 of UN Security Council Resolution 1596, which was adopted on 18 April 2005,
would apply. These measures include freezing any funds or goods from those
persons listed and also banning them from traveling outside of the DRC]].



Germain Katanga, who was named general of the FARDC (armed forces of the DRC) in
December 2004, was implicated in the transfer of weapons that was in violation
of an arms embargo. According to The International Criminal Court, he committed
six counts of war crimes and three counts of crimes against humanity in Ituri.



Impact of this new arrest



Thhe news of this arrest brings feelings of hope and concern. Hope, in the sense
that the victims are now honored in the arrest of one of the warlords who
benefited from impunity while he was a member of the national army. This
transfer is very important, for it is the second case concerning the Ituri
region, and [as prosecutor Moreno-Ocampo stresses, it is important to note that
Katanga] comes from a different group of mercenaries



We understand the appeasement that this arrest brings to the victims of the
ethnic group Hema, who up to this point, have thought that only Lubanga would
pay the price of his crimes. Moreover, the extradition of Germain Katanga to the
ICC by the Congolese government can put pressure on other warlords, notably
Laurent Nkunda, Jules Mutebusi, Kawa Panga, etc.

There is concern and impatience to see a "big fish" arrested by the ICC; indeed,
the wait for the day when a high profile criminal will face The Court promises
to be long.



Eugene Bakama Bope, President, Club des Amis du Droit du Congo which is a member
of the DRC Coalition for the ICC



[Please note: This is an unofficial translation provided by the CICC
Secretariat. It should not be quoted in any official document.]



ii. "Declaration of the ICC Registry at the Press Briefing on the arrest of
Germain Katanga," 19 October 2007,
http://www.icc-cpi.int/press/pressreleases/290.html
<http://www.icc-cpi.int/press/pressreleases/290.html>

"As you know, Mr. Germain Katanga, Congolese national presumed to be the
ex-commander of the Patriotic Resistance Force (FRPI) in Ituri was handed over
to the Court by Congolese authorities on 17 October and transferred to the
Court's headquarters in The Hague.

...Since July 2007, when the Pre-Trial Chamber I issued a sealed warrant of
arrest for Mr Katanga, the Court has been in contact with the Congolese
authorities in order to facilitate the transfer that occurred yesterday.

Mr. Katanga's transfer was made possible thanks to the cooperation of the
Congolese authorities, and we congratulate them. The DRC government cooperated
with the Court in the spirit of the Rome Statute....We also thank the French
government who responded favorably to our request for cooperation and for
providing technical assistance during an emergency landing at a military base in
Corsica. Lastly, we thank the Dutch authorities, who facilitated and assured a
secure transport of the detainee from the airport to the detention center in The
Hague."

As soon as Mr. Katanga arrived he underwent a medical visit which found him to
be in good health. Then Registry representatives informed the detainee of his
full rights according to the Rome Statute... in the afternoon, the detainee
received the visit of Registry representatives from the Defense team who
explained in detail his rights...Mr.Katanga designated the Bureau of Public
Counsel for the Defence as a permanent counsel to represent him during his first
appearance before the Court.

...The Registry team emphasized the point that Mr. Katanga must designate
counsel to represent him for the proceedings...

Bruno Cathala
Registrar of the ICC

[Please note: This is an unofficial translation provided by the CICC
Secretariat. It should not be quoted in any official document.]


iii. Statement by ICC Deputy Prosecutor Fatou Bensouda, during a press
conference regarding the arrest of Germain Katanga, The Hague, 19 October 2007,
http://www.icc-cpi.int/press/pressreleases/291.html
<http://www.icc-cpi.int/press/pressreleases/291.html>


Ladies and gentlemen,

Thank you for this opportunity to brief you on yesterday's surrender of Mr.
Germain Katanga to the International Criminal Court's detention center here in
The Hague.

· Yesterday, 18 October 2007, Mr. Germain Katanga, former senior commander of
the Force de Résistance Patriotique en Ituri ("FRPI") in the North East of the
Democratic Republic of the Congo, was surrendered to the Court by the Congolese
authorities and transferred to the ICC detention center here in The Hague.

· The arrest and surrender of Mr. Germain Katanga was made possible through
the cooperation of the DRC authorities and the Prosecutor wishes to express his
appreciation to the DRC Government for the process. The Prosecutor would like to
also extend his thanks to all the Court's partners for their assistance and
support, in the DRC and elsewhere, including in particular to the UN, which has
proven very supportive.

· The Prosecutor further wants to acknowledge the excellent and smooth work
done by the Registry in the organisation of this surrender. As you now, there
are a lot of issues on the agenda of the DRC authorities and of the
international community in the DRC at the moment. It is very significant that
cooperation with the ICC remains a priority. This surrender demonstrates their
support for our activities.

· In our commitment to prosecute those who bear the greatest responsibility
for the most serious crimes, the Office of the Prosecutor presented to the
judges of the International Criminal Court on 22 June 2007, evidence against Mr.
Germain Katanga, charging him with three counts of Crimes against Humanity and
six counts of War Crimes.

· The Pre-Trial Chamber issued an arrest warrant on 02 July 2007.

· Evidence collected by our office will show how civilians were the target of
massive crimes in the course of the conflict in the Ituri region of the DRC.

· It will in particular show how Germain Katanga, as head of the FRPI, one of
the militia groups operating in Ituri at that time, planned a brutal attack on
the village of Bogoro, an ordinary village, which he ordered fighters under his
command to "wipe out".

· Thus, on 24 September 2003, members of Germain Katanga's militia entered
Bogoro village and began an indiscriminate killing spree. At least 200
civilians died. Survivors were imprisoned in a building filled with corpses.
Women were abducted and sexually enslaved. The village was pillaged by FRPI
militia men.

· The Prosecutor alleges that Germain Katanga is responsible for Murders,
Inhumane acts and Sexual Enslavement at Bogoro village, constituting Crimes
against Humanity and War Crimes. The Prosecution's evidence will also show that
Germain Katanga committed the War Crimes of Cruel Treatment, using Children to
Participate Actively in Hostilities, launching an Attack against the Civilian
Population and Pillaging the village of Bogoro.

· Germain Katanga, also known as "Simba", was born on April 28, 1978 in
Mambasa, Ituri.

· In early 2003, Mr Katanga emerged as the top commander of the emerging
militia group FRPI. Later in 2003, he assumed the title of FRPI President. On
11 December 2004, he was appointed to the rank of General in the DRC Army [as
part of a demobilisation, disarmament and reintegration process conducted by the
DRC Government with the support of the international community].

· He was arrested by the DRC authorities early March 2005 and sent to the CPRK
detention centre in Kinshasa where he was detained until his surrender to the
Court yesterday.

· The DRC has been ravaged by conflicts that have left in their wake countless
victims of the most horrific crimes. Violence is ongoing. It is reported that
there is forced displacement of people, sexual violence of shocking brutality,
and killings.

· As the Prosecutor stated yesterday, the surrender of Mr. Germain Katanga
shows that the ICC is at work in the DRC. Mr. Germain Katanga is the second
person from the DRC in custody, after Mr. Thomas Lubanga Dyilo, and he will not
be the last. There is no immunity for the crimes under the ICC jurisdiction and
other arrest warrants will follow. While continuing our work in our two first
investigations, we are selecting our third case in the DRC and the Prosecutor
reiterated that perpetrators must know they will be prosecuted.

· To do this, we rely on the continuing cooperation of States, to help
implement the Court's arrest warrants, whether they are in the DRC, Uganda,
Darfur or anywhere else. This second surrender can only be seen as one step in
our different investigations and prosecutions. Other steps must follow and
State's support, as foreseen in the Court's Statute, remains crucial in this
respect. There is no excuse not to execute the Court's warrants.

[Please note: This is an unofficial translation provided by the CICC
Secretariat. It should not be quoted in any official document.]



iv. "DRC/ICC A second case before the International Criminal Court on the
situation in Democratic Republic of Congo: Germain Katanga transferred to The
Hague," Media Statement by the International Federation for Human Rights (FIDH),
19 October 2007 http://www.fidh.org/spip.php?article4805



The Hague, Paris, Kinshasa, 19 October 2007 - FIDH and its member organisations
in Democratic Republic of Congo (DRC), ASADHO, the Groupe Lotus and the Ligue
des électeurs welcome the news, made public yesterday, that the International
Criminal Court (ICC) has issued a second arrest warrant in the context of its
investigation into the situation in DRC, against Germain Katanga, and his arrest
and transfer to the seat of the ICC in The Hague.

Germain Katanga, known as "Simba," was the commander and then president of the
Force de résistance patriotique en Ituri (FRPI), an armed group close to the
Front nationaliste intégrationniste (FNI). The arrest warrant contains 3 charges
of crimes against humanity and 6 charges of war crimes, allegedly committed in
the Ituri region at the beginning of 2003. The charges focus on crimes committed
in the context of the attack perpetrated by the FRPI and the FNI in Bogoro
village around 24 February 2003.

This second case comes more than 3 years after the opening of the ICC
investigation into the situation in DRC. In March 2005, proceedings were
initiated against Thomas Lubanga Dyilo, head of the Union des patriotes
congolais (UPC), on charges of conscripting, enlisting and using child soldiers.

FIDH and its member organisations in DRC express their satisfaction that this
second arrest warrant, directed at another member of the militia in Ituri, has
been executed. In particular, the decision to prosecute 9 crimes, including
sexual slavery, which is defined for the first time under the ICC Statute as a
war crime and a crime against humanity, is a significant step in the fight
against impunity for the worst crimes committed and continuing in Ituri.

This second arrest warrant accords with concerns of civil society to see those
responsible for international crimes in DRC, within the various armed groups,
held to account for the grave crimes committed in Ituri. "We hope that the ICC
will now expand its work further to focus on those bearing the greatest
responsibility for crimes committed in Ituri, including those who supported the
heads of the militia, Lubanga and Katanga, but also in other regions of DRC",
declared Souhayr Belhassen, FIDH President.

This week, FIDH brought together civil society representatives from the 4
situations under ICC investigation, to discuss strategies for supporting victims
of crimes of sexual violence and investigating and prosecuting these crimes. At
a meeting with the ICC Deputy Prosecutor, Fatou Bensouda, yesterday,
participants underlined the need for charges against the heads of militia groups
in Ituri to reflect the range of grave crimes committed in the region. They
stressed that unless the reality of the situation, including widespread
commission of crimes of sexual violence, is reflected in the charges, the ICC
risks fuelling misunderstanding and tensions, including amongst victims.

FIDH and its member organisations in DRC welcome the cooperation of the state in
the execution of the arrest warrant. Our organisations reiterate our call for
all states to respect their international obligations to cooperate with the ICC,
including in the execution of arrest warrants issued in cases concerning Uganda
and Sudan.





*****
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