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DRC: Latest ICC Announcements; Outreach in Bunia, Béni; UN Envoy on ICC,

12 Mar 2008

Dear Colleagues,

Please find below information on recent developments related to the
International Criminal Court's investigation in the Democratic
Republic of Congo (DRC).

This digest includes the latest ICC press releases informing the
joinder of the cases against Germain Katanga and Mathieu Ngudjolo
Chui, the decision not to hold part of the first trial in the DRC and
outreach discussions in Bunia (Ituri) and Béni (North Kivu); reports
on the UN Special Envoy in DRC's visit to Bunia where he outlined the
differences between the MONUC and ICC mandates; and analysis and
commentaries by Institute for War and Peace Reporting.

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 and current situations before the Court or
situations under analysis. The Coalition, however, will continue to
provide the most up-to-date information about the ICC.

Regards,

Linda Gueye
CICC Communication Section
[email protected]
------------------------------------------------
I. LATEST ICC PRESS RELEASES

i. "Joinder of the cases against Germain Katanga and Mathieu Ngudjolo
Chui,"
ICC press release, 11 March 2008,
http://www.icc-cpi.int/press/pressreleases/347.html

"Pre-Trial Chamber I decided, on 10 March 2008, to join the cases of
The Prosecutor v. Germain Katanga and The Prosecutor v. Mathieu
Ngudjolo Chui.

The hearing on the confirmation of the charges in the case of The
Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui shall start on
21 May 2008.

In joint cases, each suspect shall be accorded the same rights as if
such suspect were being tried separately.

Germain Katanga and Mathieu Ngudjolo Chui are both being prosecuted
for their alleged co-responsibility for the crimes allegedly committed
during and in the aftermath of the joint attack on the village of
Bogoro, Ituri, by the Patriotic Resistance Force in Ituri (FRPI) and
the National Integrationist Front (FNI), on 24 February 2003. "

10.03.2008 - Decision on the Joinder of the Cases against Germain
KATANGA and Mathieu NGUDJOLO CHUI

ICC-01-04-01-07-257 - Original: English

http://www.icc-cpi.int/library/cases/ICC-01-04-01-07-257-ENG.pdf

ii. "Global court won't hold first trial in Congo," Reuters, 12 March
2008, www.africa.reuters.com/top/news/usnBAN257895.html

"The International Criminal Court said on Wednesday it had decided not
to hold part of its first trial -- that of a Congolese militia leader
accused of using child soldiers -- in the Democratic Republic of Congo.

The trial of Thomas Lubanga at the world's first permanent war crimes
court had been due to start in March, but proceedings were delayed
after Lubanga's lawyers said prosecutors had not disclosed all the
evidence as stipulated by the court.

Presiding Judge Adrian Fulford told a status conference on Wednesday
he did not expect the trial to start before June 23.

Fulford said the court had looked into holding part of the trial in
Congo but decided against it after Kinshasa said it was concerned that
doing so could fuel ethnic tension. 'The entirety of this trial will
be conducted in this courtroom in The Hague,' Fulford said.

...On Tuesday, the court decided to join the cases of its two other
suspects in custody, allied Congolese militia leaders Germain Katanga
and Mathieu Ngudjolo, and said a hearing to confirm charges against
them would start on May 21...."

iii. "The ICC organises open discussions in Bunia (Ituri) and Béni
(North Kivu)", ICC press release, 10 March 2008,
http://www.icc-cpi.int/press/pressreleases/345.html

"From 25 February to 3 March 2008, the Field Outreach Unit of the
International Criminal Court, in collaboration with the Victims
Participation and Reparations Section, organised a series of meetings
in Bunia, Ituri and Béni in North Kivu (the DRC). These meetings,
which were organised as part of the Unit's tireless efforts to provide
information and raise awareness in the affected communities drew a
total of 367 people.

In Bunia, apart from representatives of human rights organisations,
key civil society groups and quarter heads, the meeting involved
women's organisations who were participating for the first time, and
young people, many of them former combatants. Some participants were
drawn from organisations based in other towns of Ituri, such Kasenyi,
Aru, Mahagi and Mambassa. The main focus of the meetings was the
latest developments in the Thomas Lubanga Dyilo, Germain Katanga and
Mathieu Ngundjolo cases. However, the victim participation process was
also covered. Interest, particularly on current issues, was so
sustained that the discussions were often quite animated and lasted
many hours. Many participants expressed pleasure at attending the
meetings, which both dispelled some misunderstanding and reassured
them as to the Court's policy of transparency with regard to the
upcoming trial of Thomas Lubanga Dyilo.

After the Bunia meetings, the mission went to Béni in North Kivu. This
was the first time representatives of the International Criminal Court
visited this region for outreach purposes. Béni is the closest North
Kivu town to Bunia. In fact, it has been a place of refuge for
thousands of people who fled the fighting in nearby Ituri. Many
associations working with or for victims of the Ituri conflict are
based there. As in many towns of Eastern DRC, Béni also suffered from
the crisis engendered by the country's various wars.

In all, six open discussion sessions were held in Béni. The first
meeting saw the attendance of 59 human rights and development
associations. The town's legal practitioners, led by the Public
Prosecutor for Béni, also took active part in this meeting. The other
sessions were devoted to students, representatives of women's
associations and religious denominations, and journalists. Several
subjects were discussed and explained, in particular the role and
rights of victims, information dissemination mechanisms, and outreach
activities."

II. SPECIAL ENVOY FOR THE UNSG VISITS BUNIA AND DISCUSSES ICC

i. "Congo-Kinshasa: Province Orientale - Bunia, Alan Doss éclaircit
les compétences de la Monuc et celles de la CPI", Le Potentiel (RDC),
5 mars 2008 http://fr.allafrica.com/stories/200803041289.html (French)

"While visiting Bunia, in the region of Ituri, the Special Envoy for
the UN Secretary General in DRC, Mr. Alan Doss, listened to the local
parlementarians who spoke in favor of militia leader Mathieu Ngudjolo,
recently arrested by the International Criminal Court (ICC).

They demand that MONUC makes pressure on the ICC to have the
prosecution temporarily suspended for Ituri warlords [...]

Those parliamentarians justified their initiative by explaining that
the transfer of Colonel Mathieu Ngudjolo, former FNI leader, did not
facilitate the peace process in Ituri [...].

'[...] We are not saying that Ngudjolo should not be arrested,
everyone needs to be accountable for their own acts. I just think that
to do that, we need to find the most appropriate time,' said one
parliamentarian.

In response to their request, the head of MONUC explained that the ICC
has a different mandate and that MONUC has its own mandate. The ICC is
acting independently. According to Allan Doss, 'For us, the
International Criminal Court is completely independent and autonomous.
It does not depend on me. The decisions, trials, all those are their
own, particularly the prosecution and arrest process.'

Translation is unofficial and provided by the CICC Secretariat.

III. ANALYSIS/COMMENTS

i. "Kivu Peace Deal Failing to Deliver," IWPR, 19 March 2008,
http://www.iwpr.net/?p=acr&s=f&o=343304&apc_state=henpacr

"...Dozens of warring militia groups signed the January 23 agreement
in the provincial capital Goma, pledging to put down their weapons and
demobilise. But nearly two months later, those displaced by the
fighting say the troubled eastern province continues to be gripped by
violence and insecurity.

'I believe that participants of the conference fooled us,' said one
man who told IWPR his family were recently attacked by men loyal to
the rebel leader Laurent Nkunda. Only two weeks earlier, they had
returned home from a camp for internally displaced people, IDPs, after
being assured it was safe.

'If they agreed to stop the war, why then are we still getting
constantly attacked? Where is the peace that they promised us? They
went to have fun in Goma, that's all. When will there be an end to
this miserable life of destitution and wandering?'

Those displaced by the fighting told IWPR that the peace deal is being
violated by all sides, with clashes between Nkunda's troops and
various Mai Mai militia groups occurring regularly. They say attacks
by rebels against villagers, including sexual violence, are also still
common.

...Vicky Nkoji, who works at Bulengo, told IWPR that the refugee
crisis has also had an impact on the local population, with even those
who aren't displaced coming to the camps for food. 'Poverty is leading
the Goma population to sponge off the displaced persons when there is
an [aid] distribution,' said Nkoji.

...The prospect of justice for their attackers - even far away at the
International Criminal Court, ICC, in The Hague - offers some comfort
for those living under such terrible conditions. Many believe that
without justice, the victims and their tormentors will struggle to
ever live together in peace. 'They must be tried at the ICC like
Thomas Lubanga,' said Amani Amahoro, a Mugunga IDP."

ii. " Lubanga Trial Delay Concerns," IWPR, 29 February 2008,
http://www.iwpr.net/?apc_state=hfrfacr343028&l=en&s=f&o=343295

"The judge hearing the case against Congolese militia leader Thomas
Lubanga has expressed concern at continuing delays to the start the
International Criminal Court's first-ever trial.
The case was set to begin March 31at ICC courtrooms in The Hague but
now seems unlikely to start before mid-June and could be pushed back
even further. 'I will make no secret of the fact of my real
frustration, already expressed in no uncertain terms in open court,
about delays in getting our first trial up and running,' said British
judge Adrian Fulford recently to a group of diplomats and human rights
representatives in The Hague.

The warrant for Lubanga's arrest was issued in February 2006 when he
was in custody in his native Congo, and one month later he was
transferred to the ICC. Judges confirmed the charges - conscripting
and enlisting child soldiers - in January 2007.

'We are now over a year later and the inevitable and pressing question
is why has the case not started?' said Fulford.

Failure by prosecutors to disclose to the defence all its evidence and
the identities of witnesses testifying against Lubanga is one reason
for the sluggish preparations for the trial, said the judge. That was
supposed to happen by mid-December but by mid-February the defence had
received the identities of less than half the witnesses. Other crucial
evidence had been provided only in redacted or summary form, said the
judge.

'In order for [Lubanga] to prepare to meet the witnesses and the
documentary material that will be used against him, he is entitled to
have been in possession of that evidence, essentially in its entirety,
not later than three months in advance of the trial,' said Fulford.

'Our view, founded in basic notions of fairness, is that he should not
be expected to confront a case which he has not had adequate
opportunity to investigate, analyse and meet.'

A spokesperson for the office of the prosecutor told IWPR that the
disclosure delays related to witness protection and the difficulties
of conducting a trial during an ongoing conflict when 'violent
militias' are still 'active and influential' in Ituri.

'...The prosecutor will not put any of the witnesses at risk by
disclosing information before they are adequately protected,' she
added, stressing that prosecutors have 'disclosed to the defence all
the identities of witnesses who have been adequately protected by the
registry.'

But there are other reasons for the long delay to the ICC's historic
first case...."

**********************************
CICC's policy on the referral and prosecution of situations before the
ICC:
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
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endorse or promote specific investigations or prosecutions or take a
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