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ICC: Jean-Pierre Bemba Gombo's transfer and first appearance - CICC media advisory, FIDH statement, ICC communications and related media coverage
04 July 2008
Dear all,

Please find below information related to the 3 July 2008 announcement that the Belgian authorities surrendered and transferred Former Vice-President of the DRC and Rebel Leader Jean-Pierre Bemba Gombo to the International Criminal Court (ICC) in The Hague. On 4 July 2008, Jean-Pierre Bemba appeared for the first time before the judges of ICC Pre-Trial Chamber III.

In this digest, you will find the Coalition for the ICC's media advisory, FIDH statement, ICC communications and related media coverage on both the transfer and today's first appearance.

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.

Best regards,

CICC Communications
[email protected]

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I. CICC MEDIA ADVISORY

"Jean-Pierre Bemba Transferred to ICC Detention Center in The Hague," CICC Media Advisory, 3 July 2008,
http://www.coalitionfortheicc.org/documents/CICC_Advisory_CAR_Bemba_Transfer_shell_27JUne08_OZ_KO_AD_(2)1.pdf

"WHAT: On 3 July 2008, Jean-Pierre Bemba, alleged President and Commander in Chief of the "Mouvement de Libération du Congo" (MLC) was transferred to the ICC Detention Centre in The Hague, The Netherlands. Bemba was arrested in Belgium on 24 May 2008 on the basis of a warrant of arrest issued by the International Criminal Court (ICC) for crimes against humanity and war crimes allegedly committed in the Central African Republic (CAR).

WHY: On 24 May 2008, ICC Pre-Trial Chamber III had unsealed a warrant of arrest against Bemba. A new arrest warrant was delivered on 10 June 2008, adding two new counts of murder. The warrant focuses on the period from 25 October 2002 to 15 March 2003 and states that there are reasonable grounds to believe that Jean-Pierre Bemba is criminally responsible, jointly with another person or through other persons, of three counts of crimes against humanity: murder, rape and torture, as well as five counts of war
crimes: murder; rape; torture; outrages upon personal dignity, in particular humiliating and degrading treatment; and pillaging a town or place.

WHO: Jean-Pierre Bemba Gombo, alleged national of the Democratic Republic of
Congo (DRC), was born on 4 November 1962 in Bokada, in the Equateur province, DRC. Allegedly, Bemba was the President and Commander in chief of the "Mouvement de Libération du Congo" also referred to in the warrant as the « Banyamulengue » forces. Bemba is a former Vice-President of the Democratic Republic of Congo and a Senator in the Parliament of the DRC.

HOW: Bemba was surrendered and transferred by Belgian authorities on 3 July 2008. He arrived at 12:45 at the detention center of the Court. In compliance with Article 59 of the Rome Statute on arrest proceedings in the custodial State, Bemba appeared on 28 May before the Belgian "Chambre du Conseil." Following an appeal by Bemba's counsels, the Brussels "Cour d'appel" refused to annul the ICC arrest warrant against
him. On 19 June, the Belgian "chambre de mises en accusation" confirmed the second ICC arrest warrant delivered against Bemba on 10 June. On 27 June 2008, Belgium's "Cour de Cassation," the highest court of last resort, rejected a provisional release.

According to Article 59 of the Rome Statute, once ordered to be surrendered by the custodial State, the person shall be delivered to the Court "as soon as possible."

NEXT STEPS: Bemba will make an initial appearance before a Pre-Trial Chamber of the ICC. According to article 60 of the Rome Statute, upon the surrender of the person, the suspect must appear before the Court for the first time in a hearing in which the Pre- Trial Chamber must make sure that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under the Statute, including
the right to apply to the Pre-Trial Chamber for interim release pending trial. Bemba will then choose a permanent counsel to represent him before the Court, and begin preparations for the Confirmation of Charges hearing.

COMMENTS AND BACKGROUND: Experts from international and local CAR
human rights organizations are listed below for further comment and background."

II. FIDH STATEMENT

"Jean-Pierre Bemba Gombo before the Judges," FIDH Press Release, 3 July 2008, http://www.fidh.org/spip.php?article5684

"The FIDH and its member organizations in the Central African Republic...welcome the transfer today of Jean-Pierre Bemba Gombo to the detention centre of the International Criminal Court....

'It is an important day for the victims and international justice. This considerable step forward in the fight against impunity in CAR is an essential element to building a lasting peace in this country,' said FIDH President Souhayr Belhassen...

This arrest is symbolic because it targets one of the highest ranking suspects of crimes committed in CAR, notably someone who held the position of former vice-president of the Democratic Republic of Congo. It sends a strong signal to perpetrators of sexual crimes who need to know that they cannot escape justice....."

See also the newly released FIDH "Report on the Jean-Pierre Bemba Case" by FIDH's Judicial Action Group at http://www.fidh.org/IMG/pdf/RapportGAJ_RCA-CPI-Bemba_juillet08.pdf (in French)

III. ICC COMMUNICATIONS

NB: These documents have been produced by the ICC. The CICC Secretariat distributes them as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The documents do not reflect the views of the CICC as a whole or its individual members.

"First appearance of Jean-Pierre Bemba before the Pre-Trial Chamber III", ICC Press Release ICC-CPI-20080704-PR337-ENG, 4 July 2008 http://www.icc-cpi.int/press/pressreleases/399.html

'Today, Jean-Pierre Bemba, President and Commander in Chief of the Mouvement de libération du Congo (MLC), appeared for the first time before the judges of Pre-Trial Chamber III, in the presence of the Prosecution.
During this hearing, Pre-Trial Chamber III verified the identity of Jean-Pierre Bemba and ensured that he was clearly informed of the charges brought against him and of his rights under the Rome Statute, including the right to apply for interim release pending trial.

Jean-Pierre Bemba was represented by Aime Kilolo Musamba Lubemba, member of the Brussels and Lumumbashi Bars, and Tjarda Van Der Spoel, member of the Rotterdam (Dutch) Bar Association, appointed by the Registry of the Court, according to the wish expressed by the suspect to have these two counsels representing him during the initial appearance hearing.

The Chamber reminded the detainee of his right to appoint a Principal Counsel to represent him for the next stages of the proceedings.
The Duty Counsels raised issues related to the procedure of the arrest and transfer of Jean-Pierre Bemba to the Court. The Presiding Judge, Fatoumata Dembele Diarra, reminded those present of the aim of the initial appearance hearing, and invited the Defence to submit their written observations on the matter.

Pre-Trial Chamber III also provisionally set the confirmation of charges hearing for 4 November 2008.'

ii. "OTP on Jean-Pierre Bemba surrender: this is a day for the victim", OTP Press Release ICC-OTP-20080703-PR336-EN, 3 July 2008, http://www.icc-cpi.int/press/pressreleases/396.html

"Jean-Pierre Bemba, charged by the International Criminal Court (ICC) with multiple counts of war crimes and crimes against humanity, including murder and rape, was transferred today by Belgian authorities to the Court's detention centre in The Hague.

Prosecutor Moreno-Ocampo welcomed the transfer of Mr. Bemba: 'Justice is coming for the victims, for the victims of the Central African Republic, for the victims of massive sexual violence worldwide. We listened to them, and we transformed their painful stories into evidence. There will be no impunity. Jean-Pierre Bemba was a Vice-President and is a Senator, but has no immunity before the International Criminal Court; he will face justice.'
'We cannot bring back those who were killed or died of aids after being violated, but I am hopeful that we will bring justice for the victims.' added Moreno-Ocampo.

'We would like to thank the Belgian authorities for their efficient actions in respect of their statutory obligations' said Prosecutor Moreno-Ocampo. 'The case of Jean-Pierre Bemba is a text book example of how co-operation should work: it is such co-operation, by all States Parties, which makes this Court, 10 years after the adoption of the Rome Statute, a reality'."

iii. "Surrender of Jean-Pierre Bemba to the International Criminal Court", ICC Press Release ICC-CPI-20080703-PR335-ENG, 3 July 2008, http://www.icc-cpi.int/press/pressreleases/395.html

"Today, 3 July 2008, the Belgian authorities surrendered and transferred Mr Jean-Pierre Bemba Gombo, to the International Criminal Court. He arrived at 12:45 at the detention centre of the Court.
'The Court appreciates the steps taken by the Belgian authorities in the enforcement of the warrant of arrest, surrender and transfer of Mr Bemba, as well as the cooperation of the Dutch authorities to transport him to the detention centre,' said the Registrar Ms Silvana Arbia.
Jean-Pierre Bemba Gombo, alleged national of the Democratic Republic of Congo (DRC), aged about 45 years old, was arrested on 24 May 2008 by the Belgian authorities following a Court's warrant of arrest was issued under seal on 23 May. Furthermore, on 10 June, the judges of Pre-Trial Chamber III requested the Kingdom of Belgium to surrender Bemba Gombo to the Court and a second warrant of arrest was issued replacing the previous one.
A Court's official witnessed the handover and received all pertinent documents from the Belgian authorities. Mr Bemba Gombo was twice examined by doctors in Brussels, before departure and upon his arrival at the prison. Doctors confirmed that he is in good health. He was admitted to the detention centre, informed of his rights, including the right to choose counsel from the list of counsels established by the Registrar.
Mr Bemba, President and Commander in Chief of the Mouvement de libération du Congo (MLC), is alleged to be criminally responsible for five counts of war crimes and three counts of crimes against humanity committed on the territory of the Central African Republic from 25 October 2002 to 15 March 2003.
Thus Jean-Pierre Bemba is allegedly criminally responsible, jointly with another person or through other persons, within the meaning of article 25(3)(a) of the Rome Statute, for:
- three counts of crimes against humanity: rape (article 7(1)(g)), torture (article 7(1)(f)), and murder (article 7(1)(a));
- five counts of war crimes: rape (article 8(2)(e)(vi)), torture (article 8(2)(c)(i)), committing outrages upon personal dignity, in particular humiliating and degrading treatment (article 8(2)(c)(ii)), pillaging a town or place (article 8(2)(e)(v)), and murder (article 8(2)(c)(i)).
Mr Bemba's first appearance will be announced in due course."

IV. MEDIA COVERAGE

i. "Congo's Bemba appears before global court", Reuters, 4 July 2008, http://africa.reuters.com/top/news/usnBAN453264.html

'Congolese former rebel warlord and vice-president Jean-Pierre Bemba appeared for the first time before the International Criminal Court on Friday after his arrest in Belgium in May.

The court set November 4 as the date for a hearing to determine if the evidence against Bemba, who was transferred to the court's custody on Thursday, is sufficient to start a trial.

Accused of leading Congolese rebels in a campaign of rape and torture in the Central African Republic in 2002 and 2003, Bemba is the highest-profile suspect to date of the world's first permanent war crimes court, set up in 2002.

He confirmed to the court that he had been informed of the charges against him but was not asked to enter a plea.

The arrival in The Hague of Bemba, who was defeated by Joseph Kabila in Democratic Republic of Congo's (DRC) 2006 presidential election, was seen as a boost to the court after judges ordered the release of its first suspect on Wednesday...'

ii. "Congo's Bemba transferred to warcrimes court", by Emma Thomasson (Reuters), 3 July 2008, http://africa.reuters.com/world/news/usnL03685147.html

'The International Criminal Court took custody on Thursday of its highest-profile suspect to date -- Congolese former rebel warlord and vice-president Jean-Pierre Bemba, who was arrested in Belgium in May.
The transfer of Bemba, accused of leading Congolese rebels in a campaign of rape and torture in the Central African Republic in 2002 and 2003, is a welcome boost to the court after judges ordered the release of its first suspect on Wednesday.

... ICC Prosecutor Luis Moreno-Ocampo announced Bemba's transfer at a conference to celebrate the 10th anniversary of the signing of the court's founding treaty and promised justice for the victims of 'massive sexual violence'.

'There will be no impunity,' he said. 'We cannot bring back those who were killed or died of AIDS after being violated, but I am hopeful that we will bring justice for the victims.'
Bemba, who was defeated by Joseph Kabila in Democratic Republic of Congo's (DRC) 2006 presidential election, is being held at a detention centre near The Hague....'

iii. "Former DR Congo rebel appears before warcrimes court", AFP, 4 July 2008, http://afp.google.com/article/ALeqM5hfppdaLOvx1y_eymzRghovYatA1A

"Former Congolese rebel leader Jean-Pierre Bemba made his first appearance Friday before the International Criminal Court where he stands accused of war crimes and crimes against humanity.
Bemba entered the courtroom flanked by security guards, waving at his wife and other family members in the packed public gallery.
Wearing a dark suit and striped tie, he took his seat quietly behind his legal team, where he sat with eyes downcast for most of the short proceedings in The Hague.

Asked by judge Fatoumata Dembele Diarra to introduce himself to the court, Bemba stated his name curtly and listed his occupation as "senator". He declined a reading of the charge sheet.

Bemba's lawyer, Aime Kilolo Musamba, objected to alleged violations in the execution of his client's arrest warrant, and Bemba complained about his holding conditions.
'The conditions aren't the best, not what I had hoped for...' he told the court.

The judge set November 4 as an initial date for the start of a hearing for the confirmation of charges ...

Bemba was transferred to the detention unit of the court on Thursday from Brussels, where he was arrested on an ICC warrant on May 24.
He is the court's fourth detainee behind fellow DR Congo militiamen Thomas Lubanga, Mathieu Ngudjolo Chui and Germain Katanga.

In Bemba's arrest warrant, combatants of his Movement for the Liberation of Congo (MLC) are alleged to have attacked the civilian population, committing rape and torture on 'a systematic or widespread scale'.
As commander-in-chief, the prosecution seeks to hold Bemba criminally responsible.

Bemba's lawyer, Musamba, said Thursday his client welcomed the chance to prove his innocence.

"This provides us with the opportunity to go to The Hague and present the elements of defence that we have which will help establish that Mr Bemba has no legal responsibility in this affair," he told AFP ...
'Justice is coming for the victims, for the victims of the Central African Republic, for the victims of massive sexual violence worldwide,' he said.
'This is a significant moment for Bemba's victims in Central Africa,' said the Human Rights Watch's Geraldine Mattioli, who was present at Friday's proceedings.

'One hopes that the prosecution will expand the accusations to include crimes committed by the MLC in the Democratic Republic of the Congo.'..."

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