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CAR: Postponement of the confirmation of charges in Bemba case; President Bozize sends 2 officials to the ICC; Human Rights Report from the UN Mission on CAR; Opinion

27 Oct 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 President Bozizé's 1 August letter to the UNSG regarding Article 16, promulgation of the amnesty law, CAR officials' visit to the ICC, and excerpts of an interview with President Bozizé.

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. BEMBA CASE: POSTPONEMENT OF THE HEARING ON THE CONFIRMATION OF CHARGES

"Media advisory: The confirmation hearing in the Jean-Pierre Bemba Gombo case will not commence on 4 November 2008", ICC (ICC-CPI-20081020-MA23-ENG), 4 November 2008, http://www.icc-cpi.int/press/pressreleases/432.html&l=en

"On 17 October 2008, Pre-Trial Chamber III decided that the confirmation hearing in the case of The Prosecutor v. Jean-Pierre Bemba Gombo will not commence on 4 November 2008 as initially planned "in order to enable the Defence to properly exercise its rights, in particular with regard to adequately preparing for the hearing".

The date of the confirmation hearing will now be set following the status conference of 22 October 2008."

II. LETTER TO UNSG CONCERNING ARTICLE 16

"Quand François Bozizé veut s'assurer à lui-même et à ses sbires une impunité totale" ("When François Bozizé seeks total impunity for himself and his henchmen"), L'Independent, 24 September 2008, www.lindependant-cf.com/index.php?action=article&numero=414 (in French)

"We hereby publish the full-text of the letter that our President addressed to the UNSG on the 1st of August to fool him into thinking that CAR's courts have the competency to judge the odious and villainous crimes committed by Bozizé's little soldiers and little armies operating in the north of the country. Draw your own conclusions....[1 August 2008 letter addressed to the UN Secretary-General follows. See aforementioned link to view]"
[Translation is Unofficial and Provided by the CICC Secretariat.]

III. PROMULGATION OF THE AMNESTY LAW

"Bozizé promulgue la loi d'amnistie générale" ("Bozize promulgates the amnesty law"), Jeune Afrique, 14 October 2008, www.jeuneafrique.com/pays/centrafrique/article_depeche.asp?art_cle=APA85338bozizelarng0 (French)

"The Central African President promulgated the general amnesty law...fifteen days after the adoption of the draft text by the Parliament on 29 September....

"The amnesty law excludes crimes included in the Rome Statute, i.e. genocide, war crimes and crimes against humanity ...", adds the text, specifying that "in the event of the repetition of any of the offenses, the effects of the present law will be annulled right away for the people involved...."

[Unofficial Translation provided by the CICC Secretariat]

IV. PRESIDENT BOZIZE SENDS HIS JUSTICE MINISTER AND BANGUI'S PUBLIC PROSECUTOR TO THE ICC

"Après sa lettre à Ban Ki Moon, Bozizé envoie deux émissaires à la CPI" ("After a letter to Ban Ki Moon, Bozize sends two officials to the ICC"), Centrafrique, 9 October 2008, www.centrafrique-presse.com (French)

"...By going to the General Assembly in New York, President Bozize was secretely hoping to hear back on his request [to suspend the ICC investigation in CAR] but the fact that we learned that he has just sent his Justice Minister Thierry Maléyombo and Bangui's Public Prosecutor Firmin Feindiro to the ICC in The Hague, shows that he must not have received any answer from the UN..."

[Unofficial Translation provided by the CICC Secretariat]

V. UN REPORT ON HUMAN RIGHTS SITUATION IN CAR FOR FIRST SEMESTER 2008

"RCA : La garde de Bozizé, principale responsable des violences au Nord ("CAR: Bozize's army is mainly responsable for violence in Northern CAR"), Centrafrique Presse, 13 October 2008, http://centrafrique-presse.over-blog.com/article-23678158.html (French)

"Most human rights violations committed in the Central African Republic are due to the security and defense forces, according to a report from the United Nations....

The report also mentions the incursion of armed men described as being part of the Lord's Resistance Army in Haut Mbomou, in the southeast region of CAR. The LRA is known for its bloody acts in Northern Uganda."

Note from Centrafrique-Presse: "This truth, which the BONUCA (UN Office in CAR) is agreeing to now, has been claimed for a long time by Amnesty International, Human Rights Watch, and many humanitarian NGOs that work in these areas. The BONUCA had completely ignored these allegations of human rights violations. Bozize cannot escape his responsabilities for the killing of the populations in the Northern region, committed widely by his forces and which continue to do so until now. His current gesticulations and agitations translate his deep feeling of helplessness concerning the possibility of being arrested by the International Criminal Court where he recently sent his Justice Minister and Bangui's Public Prosecutor as his legal advisors."

[Unofficial Translation provided by the CICC Secretariat]

VI. INTERVIEW AND OPINION

i. "François Bozizé invité Afrique sur RFI" ("François Bozizé speaks to RFI"), Radio France Internationale interview conducted by Christophe Boisbouvier, 22 October 2008, http://centrafrique-presse.over-blog.com/categorie-10334577.html, to listen to MP3 file, visit http://www.rfi.fr/actufr/articles/106/article_73779.asp (in French)

"...RFI: The ICC is currently investigating crimes committed in 2002 and 2003. They started with the arrest of Jean-Pierre Bemba who is in jail. What will happen to Ange Félix Patassé who was the head of state at the time?

François Bozizé: You know, this is a judicial issue and the business of the international court....let's let it do its job. Don't ask me to do it for them.

RFI: And yet, it is astonishing that Jean Pierre Bemba who was only executing Ange Félix Patassé's order is in jail while Patassé is still free in Togo. What is your opinion on this?

François Bozizé: Yes, but it is up to the court to decide. Do you want me to go arrest Patasse? I cannot do the work of the international court.

RFI: Though to restore peace would it not be necessary to see that Patassé receive amnesty?

François Bozizé: Why? He was granted amnesty. I have always said from the change [meaning since Bozize took power] until today that Patasse could come back in CAR. And to confirm it, I granted him and his soldier's amnesty. That's clear!

RFI: The ICC is investigating crimes committed in 2002 and 2003 but is also considering investigating crimes committed in 2005 after you became President. In this regard, you sent a letter to the UNSG to request the suspension of the ICC investigation. Why did you write such a letter?

François Bozizé: No! No! This is a document that the ICC will have to use. I have no comments on that.

[Translation is Unofficial and Provided by the CICC Secretariat]

ii. "Climat délétère à Bangui et Bozizé dans une impasse politique totale" ("Deleterious climate in Bangui and Bozize in a political dead end"), Centrafrique Presse, 17 October 2008, http://centrafrique-presse.over-blog.com/article-23815354.html (French)

"...Almost at the same time President Bozize promulgates his amnesty law, the UN Office in CAR (BONUCA) published an overwhelming report denouncing most human rights violations committed by his forces. We can understand why he currently fears that the International Criminal Court will end up getting him. His only way out is to benefit from article 16 of the Rome Statute just like Al Bachir is trying to do.

Bozizé forgets that he is no Al Bashir and that we don't really see who can defend him regarding the numerous war crimes and crimes against humanity committed by his forces directly under his authority. We can only realize that he is desperately alone. Finding nothing else to do than sending Firmin Feindiro and Thierry Maléyombo [his Justice Minister and Bangui's Public Prosecutor] to the ICC in The Hague shows that Bozizé is worried and is at a dead end, not knowing what to do anymore...."

[Unofficial Translation provided by the CICC Secretariat]