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ICC Press Release: "Trial Chamber I ordered the release of Thomas Lubanga Dyilo - Implementation of the decision is pending"

02 July 2008

Dear all,

Please find below a Press Release issued by the International Criminal Court (ICC) announcing that following its decision imposing a stay on the proceedings in the case The Prosecutor v. Thomas Lubanga Dyilo, Trial Chamber I ordered today the release of the accused. This order shall not be enforced for five days during which time the parties may file an appeal.

Both the Press Release and the Chamber's decision can be found on the Court's website at: http://www.icc-cpi.int

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.

Warm regards,
Oriane Maillet
CICC Communications
[email protected]

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ICC PRESS RELEASE:

“Trial Chamber I ordered the release of Thomas Lubanga Dyilo - Implementation of the decision is pending”, ICC Press Release ICC-CPI-20080702-PR334-ENG, 2 July 2008, http://www.icc-cpi.int/press/pressreleases/394.html&l=en

“Following its decision imposing a stay on the proceedings of the case The Prosecutor v. Thomas Lubanga Dyilo, Trial Chamber I ordered today the release of the accused.

However, since an appeal may be filed within five days, the order granting release shall not be enforced until the expiry of the five day time-limit. Furthermore, if an appeal is filed and a request is made in the appeal for suspensive effect, the accused shall not leave detention until the Appeals Chamber has resolved whether or not the effect of the order granting release is to be suspended.

The Chamber also noted that an order releasing the accused shall only be put into effect after arrangements have been made for his transfer to a State that is obliged to receive him. According to the judges, the release is the "logical consequence" of the stay on the proceedings imposed on 13 June 2008, as it is at present impossible to secure a fair trial for the accused. No finding was made so far as to his guilt or innocence.

In a separate, earlier, decision the Trial Chamber granted leave to appeal the stay – the 'Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused' - as requested by the Prosecutor.

Background information

On 17 March 2006, Thomas Lubanga Dyilo, the founder and leader of the Union des patriotes congolais (Union of Congolese Patriots) was arrested and surrendered to the Court upon a warrant of arrest issued by Pre-Trial Chamber I at the request of the Prosecutor.

On 29 January 2007, Pre-Trial Chamber I confirmed the charges brought by the Prosecutor against Thomas Lubanga Dyilo, namely war crimes consisting of conscripting and enlisting children under the age of 15 into the FPLC, the military wing of the Union des patriotes congolais (UPC), and using them to participate actively in hostilities in Ituri, from September 2002 to 13 August 2003.

The judges, responsible for the conduct of a fair trial, had imposed on 13 June 2008 a stay on the proceedings in the Lubanga case, in order to ensure that the rights of each party are respected.

The Prosecutor v. Thomas Lubanga Dyilo is the first case to arise from the situation in the Democratic Republic of the Congo (DRC); the second case is The Prosecutor v. Germain Katanga & Mathieu Ngudjolo Chui, and the third case is The Prosecutor v. Bosco Ntaganda. Investigations are ongoing in the DRC.

02.07.2008 - Decision on the release of Thomas Lubanga Dyilo
ICC-01/04-01/06-1418- Original: http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-1418-ENG.pdf

02.07.2008 - Decision on the Prosecution's Application for Leave to Appeal the 'Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused'
ICC-01/04-01/06-1417- Original: http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-1417-ENG.pdf”

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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 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 endeavour 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 promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

Communications to the ICC can be sent to:

ICC
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