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ICC: Commencement of the Trial Against Germain Katanga and MathieuNgudjolo Chui

27 Mar 2009

Dear all,

Trial Chamber II of the International Criminal Court (ICC) has set the commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui for Thursday, 24 September 2009 at 9.30 a.m. The case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui is the second case in the situation in the Democratic Republic of the Congo, after that of Thomas Lubanga Dyilo, whose trial commenced on 26 January 2009 before Trial Chamber I.

Find below the press release issued today by the ICC and related media articles.

For background information, visit the CICC website at: http://www.coalitionfortheicc.org/?mod=drctimelinekatanga&lang=en

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 Secretariat
[email protected]

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I. ICC PRESS RELEASE

NB: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

"Trial of Germain Katanga and Mathieu Ngudjolo Chui to commence Thursday, 24 September 2009," ICC press release (ICC-CPI-20090327-PR402), 27 March 2009,
http://www.icc-cpi.int/NR/exeres/44337E63-2415-4A1F-BB4A-3622EFD903E9.htm

"Trial Chamber II of the International Criminal Court (ICC) has set the commencement of the trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui for Thursday, 24 September 2009 at 9.30 a.m. In a decision issued today, the Chamber emphasised that, given that all the participants had agreed to the date, no postponements would be authorised except where compelling reasons could be offered.

The Chamber noted that it had taken several factors into consideration in setting the date for the commencement of the trial, including the fact that it must first respond to the challenge to admissibility brought by Mr Katanga's Defence as well as rule on nearly 150 victim applications for participation in the trial. It also took account of the observations made by all the participants on a variety of procedural issues, and the time needed for the disclosure of incriminating and exonerating evidence by the Prosecutor to the Defence, as well as the time needed by the Defence to adequately prepare its case.

Procedural background

On 17 October 2007, Germain Katanga, (a DRC national), alleged commander of the Force de résistance patriotique en Ituri [Patriotic Resistance Force in Ituri] (FRPI), was arrested and transferred to the Court pursuant to a warrant of arrest issued under seal on 2 July 2007 by Pre-Trial Chamber I at the request of the Prosecutor. On 6 February 2008, Mathieu Ngudjolo Chui (also a DRC national), alleged leader of the Front des nationalistes et intégrationnistes [Nationalist Integrationist Front] (FNI), was arrested and transferred to the Court pursuant to a warrant of arrest issued under seal on 6 July 2007 by the same Chamber at the request of the Prosecutor.

On 11 March 2008, Pre-Trial Chamber I decided to join the two cases and, on 26 September 2008, it confirmed charges of war crimes and crimes against humanity against Katanga and Ngudjolo Chui. On 24 October 2008, the Presidency of the Court constituted Trial Chamber II and referred the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui to that Chamber, which has since convened a number of status conferences.

The case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui is the second case in the situation in the Democratic Republic of the Congo, after that of Thomas Lubanga Dyilo, whose trial commenced on 26 January 2009 before Trial Chamber I.".

II. MEDIA COVERAGE

i. "Congolese warlords face tribunal," Herald (New Zealand), 27 March 2009, http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=10564015

"The International Court says its second trial will start in September with two Congolese warlords facing charges including murder, rape and using child soldiers.

Germaine Katanga and Mathieu Ngudjolo allegedly led militias who attacked village of Bogoro in eastern Congo's mineral rich Ituri region in 2003.

Prosecutors say more than 200 people including women and children were killed, many hacked to death with machetes. Women who survived were raped and held as sexual slaves.

Neither suspect has entered pleas to the seven charges they each face. The court on Friday set a Sept. 24 start date for their trial.."

ii. "Trial of two DR Congo militia leaders to open Sept 24: ICC," AFP (Via Google), 27 March 2009,
http://www.google.com/hostednews/afp/article/ALeqM5jN3cSg5MJb58TKPthg3wdQsKY1Ow

"The trial of Germain Katanga and Mathieu Ngudjolo, two former militia leaders from the Democratic Republic of Congo, will begin on September 24, the International Criminal Court announced Friday.

Both men are charged with having committed war crimes, including using child soldiers and attacking civilians, and crimes against humanity, including murder rape and sexual slavery.

Katanga, 30, also known as "Simba," or lion, is accused of having led the Patriotic Resistance Front in Ituri (FRPI), which operated in the east of the country.

The FPRI was a militia formed towards the end of 2002, with backing from Uganda, according to the ICC charge sheet.

Its members, who belonged to the Lendu and Ngiti ethnic groups, are suspected of having carried out massacres against the Hema ethnic group.

Ngudjolo, 37, is accused of having been the leader of the Nationalist Integrationist Front (FNI), which operated in the same district. The FNI was made up of Lendu fighters.

The charges against both men arise out of a joint attack on the village of Bororo, in Ituri on February 24, 2003, by the two groups they are alleged to have led.

A pre-trial chamber of the court decided earlier this month to join the two cases.."

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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.

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