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DRC, PART I: CICC and Member Media Statements about Third Case

07 Feb 2008

Dear all,

Today the Court opened a third case in the situation in the Democratic Republic of Congo (DRC) with the arrest and transfer of Mathieu Ngudjolo Chui to The Hague yesterday. Colonel Ngudjolo, a Congolese national who is currently a high-ranking member of the National Army of the Government of the DRC, is alleged to have committed crimes against humanity and war crimes during and after an attack on the village of Bogoro in the Ituri region in 2003. He is scheduled for an initial appearance at the Court on Monday 11 February 2008, at 2 p.m.



At today's ICC press briefing in The Hague following the arrest of leader Mathieu Ngudjolo Chui, declarations were made by the OTP and the Registry. Both are available on the ICC's website at www.icc-cpi.int/press/pressreleases/330.html and www.icc-cpi.int/library/cases/ICC-CPI-ST-20080207-ENG

To view the Court's press release, visit www.icc-cpi.int/press/pressreleases/329.html

For more information on the situation in DRC, visit our website at : http://www.coalitionfortheicc.org/?mod=3Ddrc

Please see below for the full text of media statements by the CICC, the National Coalition for the ICC in DRC, Club des Amis du droit du Congo and Human Rights Watch. FIDH's statement in English should be available tomorrow on our website. To view the French version, visit www.coalitionfortheicc.org/documents/FIDH_press_release_on_Mathieu_Ngudjolo_fr.pdf

We will send the second part of this digest shortly to reflect media coverage of this development.

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.

Regards,

Sasha Tenenbaum
CICC Communications
[email protected]



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I. COALITION FOR THE ICC PRESS RELEASE


Coalition for the International Criminal Court

www.coalitionfortheicc.org <http://www.coalitionfortheicc.org/>

MEDIA ADVISORY

7 February 2008

ICC ANNOUNCES THIRD ARREST IN DRC SITUATION

Coalition for the ICC members react to the transfer of FNI leader Mathieu Ngudjolo Chui to The Hague for Crimes against Humanity and War Crimes

WHAT: On Thursday, 7 February at approximately 10 a.m. in The Hague, the International Criminal Court (ICC) announced the surrender and transfer of Mathieu Ngudjolo Chui. This marks the ICC's third case in the Democratic Republic of Congo (DRC). Upon an application of the ICC Prosecutor on 25 June 2007, the ICC Pre-trial Chamber I issued a sealed warrant of arrest for Ngudjolo on 6 July 2007. The arrest warrant was unsealed on 7 February 2008, following the surrender and transfer of the suspect on the previous day. The arrest warrant focuses on the period between January and March 2003 and in particular on the attack of the village of Bogoro on 24 February 2003. It lists three counts of crimes against humanity and six counts of war crimes in Ituri, a territory in eastern DRC. The alleged acts include murder, inhumane acts, inhuman or cruel treatment, the use of child soldiers, sexual slavery, willful killing, intentional attacks against the civilian population and pillage.

"The arrest and transfer to the ICC of Colonel Ngudjolo has dealt another blow to impunity in one of the world's most brutal and extended conflicts," said CICC Convenor William Pace. "The arrest by the DRC government of the former militia leader and current government military officer for war crimes and crimes against humanity is a clear example of how crucial state cooperation is to the effective functioning of the ICC and the new system of international criminal justice ratified by 105 governments."

"This arrest has given hope to victims who feel honored by the arrest of a man who enjoyed impunity in his role in the national armed forces," said Eug=E8ne Bakama Bope, president of CICC member, Club des Amis du droit du Congo. "For us, warlords like Peter Karim and Cobra Matata who still occupy positions of command within the Congolese military must also be prosecuted for their crimes."

"This transfer confirms the determination of Congolese authorities to refuse amnesty for the commission of international crimes. This is what we were promised during the Peace Conference in Kivu last January," said Christian Hemedi, coordinator of the DRC National Coalition for the ICC. "The Coalition calls on the Congolese government to adopt implementing legislation for the Rome Statute of the ICC and reform the judicial system to be more complimentary with the Statute."

WHO: Mathieu Ngudjolo Chui, whose name is also written "Mathieu Cui Ngudjolo," is a national of the DRC and the alleged leader of the National integrationist Front (FNI). He is currently a Colonel in the National Army of the Government of the DRC [Forces arm=E9es de la RDC/ Armed Forces of the DRC] (FARDC). Mathieu Ngudjolo Chui is the third ICC suspect transferred to the Scheveningen detention center in The Hague. Thomas Lubanga Dyilo was surrendered and transferred in March 2006 and Germain Katanga in October 2007. The first ICC trial, against Thomas Lubanga Dyilo, is expected to commence on 31 March 2008 and a confirmation of charges hearing will be held in the first half of 2008 in the case against Germain Katanga.

COMMENT AND BACKGROUND: Experts from DRC human rights organizations and international NGOs are listed on the following pages for comment and background on this arrest.

NGOs in the Democratic Republic of Congo (DRC)

Alphabetical by last name

Bukeni W. Beck, WITNESS and former Director and Founder of Jeunes pour le Developpement Integre-Kalundu/Projet Enfants Soldats (AJEDI-Ka/PES - Youth Development and Integration/Child Soldiers Project)
Currently in New York, New York, but originally from Uvira, South Kivu: Telephone: + 646-744-8064; +718-783-2000 ext.307
E-mail: [email protected]; [email protected] (English, French)

Eugene Bakama Bope, President, Club des Amis du Droit du Congo
Kinshasa: Telephone: +243 81 6885717 and +243 9 98 18 6810
Email: [email protected]; [email protected]

Alpha Fall, Senior Associate, Centre International pour la Justice Transitionnelle (International Center for Transitional Justice),
Kinshasa: Telephone: +243 810 155 080 and + 243 812 746 859
Email: [email protected] (English, French)

Christian Hemedi, Coordonnateur de la Coalition nationale pour la CPI (Head of the DRC National Coalition for the International Criminal Court), Kinshasa: Telephone: + 243 99 99 166 96; + 243 81 700 5452
E-mail: [email protected]

Mpinga Tshibasu Michel Innocent, Pr=E9sident de l'Observatoire national des droits de l'homme (President of the Bar Association and of the National Council on Human Rights), Kinshasa: Telephone: + 243 99 831 37 40; + 243 99 99 80 857 E-mail: [email protected] and [email protected]

Roger Muchuba, Secr=E9taire Ex=E9cutif de H=E9ritiers de la Justice (Secretary of the Inheritors of Justice), Bukavu: Telephone: +243 99 86 76 6477; E-mail: [email protected]

Bisimwa Ntakobajira, Coordonnateur de l'Association de promotion et de d=E9fense des droits de l'homme (Head of the Association for the Promotion and Defense of Human Rights), Bukavu: Telephone: + 243 81 355 1835; E-mail: [email protected] and [email protected]

Anneke van Woudenberg, Senior Researcher on the DRC, Human Rights Watch, Kinshasa: Telephone: +243 81 085 2407; Email: [email protected]
(English, French)

International NGOs

Listed alphabetically by organization name

John Washburn, Convenor, American NGO Coalition for the ICC
New York, New York: Office telephone: +1 212 907 1317 Mobile: +1 917 589 5988 Email: [email protected] (English)

Christopher Hall, International Justice Project Senior Legal Adviser, Amnesty International, London, England: Office telephone.: +44 207 413 5733 (Tuesday, Wednesday and Friday) Telephone.: +44 207 241 1728 (Monday and Thursday); E-mail: [email protected] (English)

Martien Schotsmans, Head of the International Justice Legal Department, Avocats Sans Fronti=E8res, Brussels, Belgium:
Telephone: 0032 2 22 33 654; E-mail: '[email protected]' (English and French)

Dr. Karine Bonneau, Director of the International Justice Desk, F=E9d=E9ration Internationale des Ligues des Droits de L'Homme (FIDH - International Federation for Human Rights), Paris, France: Telephone: +33 1 43 55 25 18 Mobile telephone: +33 6 72 34 87 59; Email: [email protected] (French, English, Spanish)

Richard Dicker, International Justice Program Director, Human Rights Watch, New York, New York: Office telephone: +1 212 216 1248 Mobile number: +1 917 747 6731; Email: [email protected] (English, French)

Lorraine Smith, IBA Programme Manager, International Bar Association
The Hague, the Netherlands: Office telephone: +31 (0)70 302 2859
Mobile number: + 30 (0)634266310; Email: [email protected]
(English)

Alison Smith, Legal Counsel, No Peace Without Justice,
Brussels, Belgium: Telephone: +32 2 548 3912 Mobile phone: +32 486 986 235; Email: [email protected] (English)

Mariana Goetz, ICC Outreach & Advocacy Adviser, REDRESS,
London, England: Telephone : +44 20 7793 1777; Email: [email protected] (English, French, Spanish)

Brigid Inder, Executive Director, Women's Initiatives for Gender Justice, The Hague, Netherlands: Office telephone: +31 70 3 02 99 11;
E-mail: [email protected] <mailto:[email protected]> (English)

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II. MEMBER STATEMENTS

i. "The National Coalition for the ICC in DRC (CN-CPI) welcomes the transfer of Mr. Mathieu Ngudjolo Chui to the ICC," National Coalition for the ICC in DRC (Kinshasa) Press Release, 7 February 2008, http://www.coalitionfortheicc.org/documents/communique_CN-CPI_arrestation_Mathieu_Ngudjolo_fr1.pdf

"...The Coalition thus congratulates the Congolese authorities for their full co-operation and their engagement in the fight against the impunity of war crimes, crimes against humanity and the crime of genocide.

This transfer sufficiently confirms the determination to not grant amnesty to presumed perpetrators of international crimes on the part of the Congolese authorities who expressed their resolve throughout the Peace Conference in Kivu last January.

We also express our support for the ICC who pursues continuously its investigative work on the ground and its determination to put out of harms way all the criminals who remain at large in the Congo and abroad.

Lastly, the Coalition calls on the Congolese government to reinforce the mechanisms used to fight against impunity by adopting the implementation law of the Rome Statute of the ICC, while also proceeding to reform the justice system under the terms of the principle of complementarity between Congolese justice and the ICC.

The national Coalition will continue to give its support to the ICC and to Congolese authorities within the framework of the fight against impunity of international crimes..."

(Unofficial translation provided as a courtesy by CICC Secretariat)

ii. "Reaction to the arrest of Matthieu Ngudjolo Chui," Club des Amis du droit du Congo President, Eug=E8ne Bakama Bope, Club des Amis du droit du Congo (Kinshasa) Press Release, 7 February 2008, http://www.coalitionfortheicc.org/documents/Communique_de_presse_CAD_Arrestation_de_Matthieu_Ngudjolo_eng.pdf

"Reaction to the arrest of Matthieu Ngudjolo Chui (alleged former leader of the National Integrationist Front (FNI) and currently a Colonel in the National Army of the Government of the Democratic Republic of the Congo)

It is with joy that the Club des Amis du droit du Congo has learned of the arrest of Matthieu Ngudjolo Chui, alleged leader of the National Integrationist Front (FNI) and the FRPI (patriotic resistance force in Ituri) that was surrender by the Congolese authorities to the ICC and transferred to the ICC Headquarters as of Tuesday, 6 February 2008.

This man who played an essential role in the planning and implementation of crimes targeting mainly civilians of the ethnic group Hema, was cited in the list of persons and entities subject to travel restrictions, freezing of assets, and other financial measures under Security Council Resolution 1596 of 2005, paragraphs 13 and 15.

Matthieu Ngudjolo, named the Colonel in the National Army of the Government of the Democratic Republic of the Congo in December 2004, was notably implicated in the transfer of arms in violation to an arms embargo

According to the Court, Mr. Chui committed war crimes and crimes against humanity conforming to Articles 7 & 8 of the Rome Statute, the founding treaty of the ICC.

Impact of this new arrest:

This arrest has given hope to victims who feel honored by the arrest of a man who enjoyed impunity in his role in the national armed forces. This transfer is important for it marks the third case concerning Ituri. One can understand the sense of relief that this arrest might have for the victims of the Hema ethnic group who until his arrest had the impression that only Lubanga would pay the price for his crimes. Moreover, the handing-over of Matthieu Ngudjolo to the Court could signify that the Congolese government is mounting pressure to pursue other warlords such as Laurent Nkunda, Jules Mutebusi and Kawa Panga who believe that after the Goma peace negotions their acts will be amnestied.

The club des amis du droit du Congo applauds this new arrest which contributes to the fight against impunity in the Congo. For us, warlords like Peter Karim and Cobra Matata who still occupy positions of command within the Congolese military must also be prosecuted for their crimes."

(Unofficial translation provided as a courtesy by CICC Secretariat)

iii. "ICC/DRC: New War Crimes Suspect Arrested: ICC Should Investigate Senior Officials Linked to Local Warlords," Human Rights Watch Press Release (Brussels), 7 February 2008, http://hrw.org/english/docs/2008/02/07/congo17996_txt.htm

"The International Criminal Court's arrest of a third war crimes suspect in the Democratic Republic of Congo should encourage the court to pursue senior civilian and military officials in the Great Lakes region linked to international crimes committed there, Human Rights Watch said today.

Congolese authorities yesterday arrested Mathieu Ngudjolo Chui, former chief of staff of the Front for National Integration (FNI), an ethnic Lendu-based militia group that committed war crimes and crimes against humanity in the Ituri district of northeastern Congo. Ngudjolo was placed in ICC custody on charges of war crimes and crimes against humanity. He will arrive in The Hague later today. At the time of his arrest, Ngudjolo was in military training in Kinshasa following his appointment as a colonel in the Congolese national army in October 2006.

'Ngudjolo's arrest shows that justice will reach those who seem untouchable because of their official position,' said Param-Preet Singh, counsel in Human Rights Watch's International Justice Program. 'The arrest brings hope to the many victims of war crimes in Ituri that other political and military officials will be held to account.'

Unlike the previous two ICC suspects who were already in Congolese detention at the time of arrest, Ngudjolo was not in custody when the ICC served its warrant. Human Rights Watch said that effective cooperation among the Congolese government, the ICC and other partners made Ngudjolo's arrest possible, and expressed hope that such cooperation would be repeated in the future.

The arrest of Ngudjolo follows the October 2007 arrest and surrender to The Hague of Germain Katanga, the former chief of staff of the Patriotic Force of Resistance in Ituri (FRPI), an ally of the FNI. Like Katanga, Ngudjolo is charged with crimes against humanity and war crimes, which he allegedly committed in the town of Bogoro in 2003. An ICC hearing to confirm the charges against Katanga will begin later this year. The ICC will also start its first-ever trial against Thomas Lubanga, former warlord and leader of the Union of Congolese Patriots, a militia force opposed to the FNI and the FRPI sometime in 2008.

Research by Human Rights Watch indicates that Ngudjolo and Katanga's militia group regularly received financial and military support from high-ranking officials in Kinshasa in Congo and in Uganda and that Katanga had personally been involved in meetings where such support was discussed. This support is also described in a public letter by FNI president Floribert Njabu, in February 2007, in which he implicated senior government officials.

'The three rebel leaders held by the ICC did not act alone in terrorizing civilians in Ituri,' said Singh. 'The ICC prosecutor should investigate their links to officials in the Congo, Rwanda and Uganda who might also be responsible for atrocities.'

Two other former warlords-turned-colonels participated in the military training with Ngudjolo in Kinshasa: Cobra Matata, a senior commander during the massacre at Nyakunde in September 2002, the single biggest massacre in eastern Congo during the recent war, and Peter Karim, allegedly responsible for numerous atrocities against Congolese civilians and the hostage-taking of eight UN peacekeepers, one of whom was killed, in April 2006. Both men were appointed as colonels in the Congolese army alongside Ngudjolo. To date, neither individual has been charged with any crimes.

'Ngudjolo's arrest represents an important break in the vicious cycle of impunity in the Congo,' said Singh. "Instead of rewarding abusive warlords like Cobra Matata and Peter Karim with plum military posts, the Congolese authorities should follow the ICC's lead and try them for war crimes in fair and effective trials.'

In April 2004, the transitional Congolese government referred crimes committed in the country to the ICC. On June 23, 2004, the prosecutor announced the beginning of the court's investigation in the DRC. Background Mathieu Ngudjolo was a senior military leader in the ethnic Lendu armed group known as the Front des Nationalistes et Int=E9grationnistes (Front for National Integration, FNI), at one point in 2003 holding the most senior position as chief of staff. In October 2003, Ngudjolo was arrested with the assistance of UN peacekeepers in Bunia for the killing of a Hema businessman linked to a rival armed group. A court in Bunia later acquitted him, but remained incarcerated while the local prosecutor appealed the decision. The government later accused Ngudjolo of war crimes for a massacre committed by FNI troops in the town of Tchomia in May 2003 and transferred him from Bunia to Makala prison in Kinshasa from where he escaped before a judgment could be delivered.

In 2005, after the downfall of some of the FNI's top political and military leaders, Ngudjolo helped to launch a new armed group consisting of the remnants of previous militia groups which became known as the Mouvement R=E9volutionnaires Congolais (Congolese Revolutionary Movement or MRC). Ngudjolo became the MRC's president.

In mid 2006, Ngudjolo signed an agreement with the Congolese government for the disarmament and integration of his forces into the national army. On October 2, 2006, a ministerial decree promoted him to the official rank of colonel in the Congolese army and he was put in charge of investigations for the army's operations in Ituri. No investigation was carried out to verify his suitability for the role. On November 2, 2007, Ngudjolo left Bunia to pursue military training in Kinshasa.

The FNI and its allied organization, the FRPI, received military and financial support from Uganda, and, from late 2002, from the DRC central government in Kinshasa as it attempted to forge new allies in eastern Congo. While Ugandan forces were in Congo in 2003, they carried out joint military operations with the FNI and the FRPI. In 2002 and 2003, the FNI and FRPI also benefited from military training and support from a national rebel group, the RCD-ML, then led by Mbusa Nyamwisi, the current foreign minister. The MRC also received support from Uganda. Over the past six years, Human Rights Watch has gathered hundreds of accounts documenting widespread human rights abuses by all armed groups in Ituri, including the FNI, the FRPI and the MRC. According to eyewitnesses, Ngudjolo participated in and led FNI combatants at several massacres, including in Bogoro, Tchomia, Mandro, and in Bunia, all in 2003.

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The Coalition for the ICC is not an organ of the Court. The CICC is an
independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization.

The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or
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Communications to the ICC can be sent to:

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