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CAR: Confirmation of charges hearing in Bemba case postponed; Fmr president Patassé reportedly returning to Bangui, references ICC; Commentary on upcoming political talks

03 Dec 2008

Dear all,

Please find below the latest developments related to the ICC's
investigation in the Central African Republic (CAR).

In this message, you will find the latest ICC press release announcing
the postponement of the confirmation of charges hearing in the Bemba
case; articles related to former CAR President Ange Felix Patassé's
expected visit to Bangui for political talks, and excerpts of an
interview with Patassé in which he discusses his availability for
questioning by the ICC.

The articles referenced in this message report that Patasse, who has
been exiled to Togo since 2003, is preparing to return to CAR for the
peace dialogue that will be held between all parties (government and
opposition groups) from 5 to 20 December. In an interview with BBC
Afrique, he said he imposes no condition on his return to CAR, claimed
to have forgiven Bozize for his opposition and the ensuing conflict
and said he is ready to contribute to peace in his country. He also
said that he is ready to answer any questions the ICC may have for
him. Regarding the issue of rape, he claimed that it is important to
understand why rape was committed, what led to rape, who encouraged it
rather than only talking about the act itself.

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,

CICC Communications
[email protected]

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I. ICC PRESS RELEASE

"The confirmation of charges hearing in the case of The Prosecutor v.
Jean-Pierre Bemba Gombo is postponed," ICC-CPI Press Release, 2
December 2008, http://www.icc-cpi.int/press/pressreleases/452.html

"Today, Pre-Trial Chamber III decided to postpone the confirmation of
charges in the case of The Prosecutor vs. Jean-Pierre Bemba Gombo
originally scheduled from 8 to 12 December 2008. The Chamber envisages
12 January 2009 as the earliest possible date for conducting the
hearing. However, the exact date will be determined in a decision to
be issued by 29 December 2008.

The Chamber is not in a position to carry out its functions for the
confirmation hearing of 8 December as one of the three judges is
granted leave of absence by the Presidency due to grave family
circumstances until January 2009.

Background

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. He
was surrendered and transferred to the International Criminal Court on
3 July.

Mr Bemba, President and Commander in Chief of the Mouvement de
libération du Congo (MLC), is alleged to be criminally responsible for
war crimes and 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))."

II. CAR NEWS COVERAGE

i. "Bemba Affaire : Judges and Human Rights Groups are divided on the
ICC," by Desire-Israel Kazadi (Le Phare, DRC), 25 November 2008,
http://www.lepharerdc.com/www/index_view.php?storyID=6880&rubriqueID=10
(in French)

"In the streets of Kinshasa, people don't hesitate to share their
views, especially on Jean-Pierre Bemba, founder of the Mouvement de
libération du Congo (MLC) who was transferred last July to the ICC for
war crimes and crimes against humanity. More precisely, this former
Congolese rebel leader is accused of having committed murder, rape and
torture between 2002-2003 in the Central African Republic (CAR), as
part of an effort to have his troops provide assistance to then CAR
President Ange-Félix Patassé in his fight against then rebel leader
and current President François Bozizé.

Jean-Pierre Bemba, defeated in the Congolese Presidential election of
2006, is the subject of much talk at the heart of the judicial
community in Kinshasa—a community that is divided on their
interpretation of Article 28 of the Rome Statute on the responsibility
of commanders and other superiors. For some, the ICC acted in rightful
accordance with Article 28 whereas others maintain that the invocation
of this article was unfounded in the Bemba case..."

Translation is unofficial and provided by the CICC Secretariat.

See also (all in French) :
--"Le sort de Jean-Pierre Bemba Gombo," JDG/L'Avenir, 22 November 2008, http://www.digitalcongo.net/article/54960
-- "Le sort de Lubanga inquiète Bemba," by Alfred Mwari (La
Prospérité - RDC), 20 November 2008,
http://www.laprosperiteonline.net/affichage_article.php?id=6151&rubrique=La Un
e

ii. "Demafouth announces his return to CAR in early December," APA, 21 November 2008, http://centrafrique-presse.over-blog.com/article-24999368.html

"Central African Republic's former president Ange-Felix Patassé said
Friday he will return home for upcoming political talks. Patassé [who
lives in exile in the Togo capital Lome after being overthrown in a
March 2003 military coup by current President Francois Bozize ]will
travel to Bagui for talks between the government and rebel groups from
5-20 December. He says he is ready to respond to any questions about
the International Criminal Court (ICC)...

'Firstly, I am fully availability for the ICC. Secondly, I am also an
accuser,' said Mr. Patassé who still hopes for an ICC based in Bangui
and not in The Hague. 'We want the truth...Justice will make things
clear so that the truth can be known. I am waiting patiently, firmly
and with serenity to see what questions the ICC will ask of me,' he
added.

'When we discuss rape, we must also ask why it happened, what provoked
it and what is the source, rather than to rely only on the facts,'
said Patassé.

Translation is unofficial and provided by the CICC Secretariat.

See also (all in French):
--"Patassé annonce son retour à Bangui," Souleymane Issa Maïga (BBC
Afrique), 27 November 2008,
http://www.bbc.co.uk/french/news/story/2008/11/081127_patasse_interview.shtml
--"L'ancien président centrafricain se dit prêt à répondre aux
questions de la
CPI," Xinhua News Agency, 27 November 2008,
http://www.french.xinhuanet.com/french/2008-11/27/content_769711.htm
--"Patassé annonce son retour en Centrafrique," APA, 27 November 2008,
http://www.icilome.com/nouvelles/news.asp?id=1&idnews=10929&f=

III. COMMENTARY/ANALYSIS

"The announced return of the Ange," by Adama Ouédraogo Damiss (Le Faso.net), 28 novembre 2008,
http://www.lefaso.net/spip.php?article29834&id_rubrique=7 (in French)

"This Central African country is part of a group of African states run
by repressive regimes that knows too well socio-economic troubles on a
permanent basis. In effect, since it's independence in August of 1960,
this former French colony, (which moreover hosts one of France's five
military bases in Africa) has witnessed leaders with an iron fist come
and go....

Let us hope that these different belligerents [referring to those
involved in upcoming talks between the government and rebel groups
from 5-20 December]come to an acceptable political agreement, one that
is realistic and feasible in such a way that our citizens can leave
purgatory. In any event, the talks initiator, François Bozizé, knows
better than anyone that exclusion and clannish behavior bred putsches
and other armed movements."

Translation is unofficial and provided by the CICC Secretariat.

See also (all in French):

--"Patassé crée la surprise: la panique s'installe!" by Djim-Arem
MAÏTART (Centrafrique Presse), 30 November 2008,
http://centrafrique-presse.over-blog.com/article-25286869.html
--"En désarroi Bozizé appelle Me Jacques Verges à son secours,"
Centrafrique Presse, 17 November 2008, http://www.camer.be/index1.php?art=3807