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DRC: Trial Date Set for Second DRC Case; ICC Registrar Visit; Lubanga Trial Coverage; CICC In Situ Blog Update and More

03 Apr 2009

Dear all,

Please find below information about recent developments related to the International Criminal Court's investigation in the Democratic Republic of Congo (DRC).

This message covers the latest information on developments including (1) Opening of the second ICC case in the situation in the DRC, after that of Thomas Lubanga; (2) ICC Registrar's 15-20 March visit to DRC; (3) continued media coverage of the Court's first trial in the case of Thomas Lubanga; (4) update in the peace negotiations between the Congolese government and CNDP forces; (5) comments and analysis; (6) other news.

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.

For more on the Lubanga trial, see our redesigned website at www.coalitionfortheicc.org or www.togetherforjustice.org and participate in our blog discussion at www.coalitionfortheicc.org/blog

Regards,

CICC Secretariat
[email protected]

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I. ICC DECISION TO OPEN 2ND TRIAL

i. "Trial of Germain Katanga and Mathieu Ngudjolo Chui to commence Thursday 24 September 2009", ICC Press Release, 27 March 2009,
http://www.icc-cpi.int/menus/icc/press and media/press releases/trial of germain katanga and mathieu ngudjolo chui to commence thursday_ 24 september 2009

"Situation: Democratic Republic of the Congo (DRC)
Case: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

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 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.

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."

ii. "Trial of two DR Congo militia leaders to open Sept 24: ICC", AFP via Google, 3 April 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.

....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...."

See also:
a. Additional Information on the trial, provided by the ICC: http://www.icc-cpi.int/Menus/ICC/Situations+and+Cases/Situations/Situation+ICC+0104/Related+Cases/ICC+0104+0107/Democratic+Republic+of+the+Congo.htm

b. "ICC: Two Congolese ex-rebels to stand trial as of 24 September (CPI: deux ex-chefs de milice congolais à la barre à partir du 24 septembre)," VOA News, 1 April 2009
http://www.voanews.com/french/2009-04-01-voa5.cfm(in French)

II. ICC REGISTRAR VISITS DRC

i. "The Registrar of the International Criminal Court meets with stakeholders and affected communities in the Democratic Republic of the Congo," ICC, 19 March 2009, http://www.icc-cpi.int/menus/icc/press and media/press releases/news and highlights/le greffier de la cour pénale internationale rencontre les parties prenantes et les communautés affe?lan=en-GB

"The Registrar of the International Criminal Court (ICC), Ms Silvana Arbia, is visiting the Democratic Republic of the Congo (DRC) from 15 to 20 March 2009, and meeting with representatives of local and national authorities, non-governmental organisations, members of affected communities, and journalists.

On the first stage of her mission, in Kinshasa, Ms Arbia met successively with the Ministers of Justice, Defence, Human Rights, Foreign Affairs and Information. The Registrar also met with the Procureur Général of the DRC.

With each of her interlocutors, Ms Arbia reviewed the state of cooperation between the Democratic Republic of the Congo and the ICC. She thanked them again for the cooperation shown to date by the DRC and underlined the need to pursue such cooperation and maintain regular dialogue with the Court. She also recalled the obligations of all States Parties to the Rome Statute to implement judicial decisions issued by the ICC and, in the case of the DRC, to execute the warrant of arrest issued in 2006 for Bosco Ntaganda. `There can be no lasting and durable peace without justice. Justice serves peace,' Ms. Arbia told the Congolese authorities engaged in a peace process most notably in Kivu.

The Registrar of the ICC also met with members of the diplomatic community based in Kinshasa. Speaking to them, Ms Arbia emphasised the duty of States Parties to cooperate with the Court. `In your efforts to reconstruct this country (DRC), there is also the need to recognize and support this aspect of international criminal justice', she told them.

Ms Arbia also met with representatives of NGOs and some 40 media outlets. As well as responding to questions on the current situation in Darfur following the issuance of a warrant of arrest for President Bashir, she addressed concerns relating to the Congolese cases before the ICC. Three cases stemming from the situation in the DRC (against Thomas Lubanga Dyilo, Bosco Ntaganda, and Germain Katanga and Mathieu Ngudjolo Chui, respectively) are currently before the Court. The trial of the first Congolese accused, Thomas Lubanga Dyilo, started last January in The Hague.

Finally, the Registrar held a working session with all staff from the ICC's Kinshasa office. She highlighted the key role played by the field offices in advancing the Court's cause.
Ms Arbia continues her visit in the Democratic Republic of the Congo in Ituri, where she will hold interactive outreach sessions with local authorities, religious representatives, representatives of NGOs, members of the most affected communities, and journalists."

ii. "Registrar of the ICC: `It is not acceptable to interrupt justice for political reasons'," Oscar Mercado for MONUC, 19 March 2009 http://www.monuc.org/News.aspx?newsID=20255

"Silvana Arbia, Registrar of the International Criminal Court (ICC) is on official visit to Kinshasa from 15-20 March 2009. On Wednesday 18 March last she spoke to Radio Okapi, and explained the latest developments regarding all ICC cases in the Democratic Republic of Congo.

On Jean Pierre Bemba:

What is the situation regarding Jean Pierre Bemba?
`The process has not started. We are still at the stage of confirmation of the charges, there have been hearings and the judges have deliberated; the prosecutor also issued a deadline of 30 March 2009 to present the charges. After this the defence will have until 24 April next to respond, and after this date there will be a deadline of 60 days for deliberation.'

On Thomas Lubanga:

Why are there closed hearings?
`In the court system, the protection of witnesses is essential; we cannot take any risks nor have even the slightest possibility that the identity of the witness could be revealed. For these reasons the hearings are closed.'
In the course of the process, we have seen many witnesses retracting their testimonies, is that the reason for having closed hearings?
`No. witnesses are well protected. Often they are impatient to give testimonies yet when they find themselves in the court in front of the judges, it's a completely different matter.'

On Bosco Ntaganda:

Have you spoken to the Congolese authorities regarding the case of Bosco Ntaganda?
`Yes, I have spoken with them, because the ICC has issued an arrest warrant against him, and he needs to be arrested. The authorities have understood the need for justice, but they also gave me an appreciation of the difficulties, for which solutions must be found.'

[MONUC]President Kabila has declared that it's not necessary to await the collaboration of the Congolese government in this case, because the DRC is a country which has collaborated most with the ICC. What is your view?

`Justice must be done, and we will always demand that arrest warrants are followed through. Political discourse is another matter; and it's not acceptable to interrupt justice for political reasons.'

What will the ICC do?
`There is no choice, its necessary to understand that it's a decision for the judges of the ICC, and we cannot choose to stop a judicial process. The collaboration between the DRC and the ICC has always been very good and much appreciated, and I hope that it will continue in this manner; it's important for the ICC but also for the country because it's a service that the ICC wants to render to the country.'
Ms. Arbia aslo confirmed that the opening of the trial of warlords Germain Katanga and Mathew Ndjolo, ex heads of the UPC and FRPI militias respectively, will start before the end of the year.

During her stay in the DRC, Ms. Arbia held discussions with the DRC Ministers of Justice, Defence, Human Rights, Foreign Affairs and Information, and she was also received by the Chief Prosecutor of the DRC."

See also:

a. "(DRC : ICC tries to make its work better understood by the population) RDC: la CPI plaide pour une meilleure connaissance de son travail par la population," Xinhuanet, 18 March 2009, http://www.french.xinhuanet.com/french/2009-03/18/content_839519.htm (in French)

b. "ICC outreach campaign in DRC (La CPI en campagne d'explication en Rdc)," DigitalCongo, 21 March 2009, http://www.digitalcongo.net/article/57134 (in French)

III. MEDIA REPORTS ON LUBANGA TRIAL

i. "Lubanga Trial, Week 8: Militia Became "Family" for Child Soldier," by Meribeth Deen, 20 March 2009, http://www.lubangatrial.org/2009/03/20/lubanga-trial-week-8-militia-became-“family”-for-child-soldier/

"The prosecution continued to build its case against accused Congolese militia leader Thomas Lubanga this week by presenting witnesses who delivered dramatic and revealing insight into militia life.

The prosecution's eighth witness, whose identity was concealed, described how he became a soldier at the age of 10, after hearing gunshots and seeing people running on the roads one day after school.

When he returned home, the door was locked, and thinking that his family was gone, he and his cousin went to a nearby military camp.
There, he met a man named by the court as Commander A, one of the leaders in the militia of the Lubanga's Union of Congolese Patriots.
When the witness told the commander he was 10 years-old, the commander laughed, and took the boy to a camp where the boy and others were trained and armed.

The witness said his first task was to tend the commander's cattle, and it was then that he first heard himself referred to as a kadogo, which is Swahili for child soldier.

The witness become one of Commander A's personal guards, following the commander everywhere and doing all he asked, from buying things to beating and arresting people, or bringing girls to the commander for sexual purposes.

...Also this week, defense lawyer Jean-Marie Biju-Duval grilled an earlier witness over discrepancies between his court testimony and statements he made in 2005, 2006, and 2008.

Biju-Duval pressed the witness about dates relating to the time he was with Lubanga's militia, but the witness was unable to confirm the dates. The defense is expected to take a similar approach next week with prosecution witnesses. Most cross-examination, however, has taken place in closed session."

ii. "Recruits Allegedly Executed for Trying to Flee" by Wairagala Wakabi (IWPR), 16 March 2009, http://www.iwpr.net/?p=acr&s=f&o=350984&apc_state=henpacr

"A former soldier in Thomas Lubanga's militia last week said he witnessed the execution of a young recruit who attempted to flee militia training.
He also told the International Criminal Court, ICC, that young female recruits could not refuse to have sex with militia commanders.
While the training was strenuous and those who failed to keep up were punished, the witness said he did not try to escape for fear of being executed.
Militia recruits, he said, could be executed for losing a weapon or attempting to leave Lubanga's Union of Congolese Patriots, UPC, training camp...."

iii. "Child Soldiers Recount First Killings" by Wairagala Wakabi (IWPR), 6 March 2009, http://www.iwpr.net/?p=acr&s=f&o=350714&apc_state=henpacr

"Two former Congolese child soldiers in Thomas Lubanga's militia this week told the International Criminal Court, ICC, about the first time they killed others in battle and how they are haunted by the memories.
Testifying in Swahili, both said fear of being shot by their commanders deterred them from fleeing gruesome training camps and combat situations in the Democratic Republic of Congo, DRC.
One of the unidentified witnesses told of being abducted by Thomas Lubanga's militia, the Patriotic Forces for the Liberation of Congo, at the age of 13, and of being trained for just a month before being sent to fight.
...The witnesses stated that the militia was led by Lubanga and his top commanders were Bosco Ntaganda and Floribert Kisembo.
Both testified that Ntaganda provided arms to the militia, organised transport to battle zones, and gave orders to lower-ranking commanders.
The ICC last year issued a warrant of arrest for Ntaganda, who remains at large in DRC."

iv. "Court Hears Rape Allegations" by Rachel Irwin (IWPR), 27 February 2009, http://www.iwpr.net/?p=acr&s=f&o=350486&apc_state=henpacr

"A former child soldier told prosecutors this week that commanders in the militia of defendant Thomas Lubanga ordered recruits to rape.
`Did you rape girls?' prosecutor Manoj Sachdeva asked the unnamed witness. `Yes, I raped once,' the witness said, explaining that the rape occurred after a battle against ethnic Lendu fighters in the Ituri village of Barriere. He said the victim's parents and other people in the village saw the rape, and he said his superiors in the Union of Congolese Patriots, UPC, also knew about it.

...The witness, who spoke in Swahili with digital face and voice distortion, is the third former child soldier to testify in the trial of former UPC president Lubanga.

The witness told the court that UPC soldiers abducted him at the beginning of 2003, when he was in his second year of secondary school.
He saw the soldiers approaching his school and fled to his home, he said, but the soldiers followed him there.

...The recruits were beaten with sticks if they could not complete the training exercises or missed a shooting target, the witness added.
He then described an incident where a fellow conscript was shot to death for losing his weapon.
`If you commit a violation, a close friend of yours will kill you,' he said, adding that the boy was `placed before us and shot at' by another recruit.
Rape was also encouraged in the camp, the witness said.
Some of the children training to be soldiers were girls, and the commanders told the young recruits that they could have sex with these girls.
...One of the court's representatives for victims in the conflict asked the witness if he still suffered physical consequences from his foot injury.
`Yes,' the former fighter said. `But most of the time when I look at the wound it brings back very bad memories … I really regret all that happened during the war.'"

See also continued blog coverage of trial at:

a."In Situ: See Justice through the Eyes of Civil Society," a project of the Coalition for the ICC has posted several blog reports from civil society members reacting to the trial on the ground from DRC as well as blog comments at coalitionfortheicc.org/blog

The blog's latest posting dated 3 April features an entry from Sister Sophie Kitoga who runs the Congolese organization Femme, Lève-toi et Marche (translates loosely to Women, Let's Get Up and March) based in Bukavu. She recently spoke to the CICC Secretariat over email about her reaction to the Lubanaga proceedings: "...For victims, a guilty verdict for Lubanga would be a milestone in the fight against impunity. In this sense, the symbolic dimension of the trial will serve as a lesson. Whoever would or would be tempted to act as this man has will think twice. And those who give such a person arms will also be denounced because they too carry a heavy responsibility for the wars in Africa."

b. "The Lubanaga Trial," a project of the Open Society Institute has posted several blog reports on the unfolding trial at http://www.lubangatrial.org/

IV. PEACE NEGOTIATIONS UPDATE

"Congo-Kinshasa: Monuc Welcomes the Signature of the Agreements Between the Government And the Kivu Armed Groups," MONUC, 24 March 2009, http://allafrica.com/stories/printable/200903240913.html

"Alan Doss, Special Representative of the UN Secretary General in the Democratic Republic of Congo, assisted today 23 March with the signature in Goma of peace agreements between the Congolese government and the National congress for the Defence of the People (CNDP), as well as between the government and other armed groups in North and South Kivu.
The ceremony was held in the presence of the co-facilitators, Olusegun Obasanjo, ex Nigerian president and Special Envoy of the UN Secretary General for the Great Lakes region, and Benjamin Mkapa, former Tanzanian President, named by the African Union, both of whom signed as witnesses.
Representatives of the international facilitation were also present at the ceremony.

...The agreements envisage the end of hostilities, the transformation of armed groups into political parties, the return of displaced people and refugees to their homes and the integration, into national political life, of the executives of all armed groups.
After the ceremony, Special Representative Alan Doss said he was pleased with the agreements. He stressed that `what counts today is the implementation.'
He also underlined the need for quick execution of the agreements, in order to benefit from the dynamics which they have created.
He promised that MONUC `will accompany the process in close cooperation with all the actors implied for its success. This agreement must be used as tool to put an end to impunity and the suffering of the population.'..."

See also:
"Negotiations between Kinshasa and CNDP Rebels to End Friday," by Peter Clottey (VOA), 20 February 2009, http://www.voanews.com/english/Africa/2009-02-20-voa10.cfm

"DR Congo govt, ex-rebels agree preliminary peace deal," AFP via Google, 22 February 2009,
http://www.google.com/hostednews/afp/article/ALeqM5gCHG3My6L5nkgi3p4wKEu1m3dbFQ

V. COMMENTS/ANALYSIS

i. "ICC Needs to Probe Uganda Role in DRC" by Wairagala Wakabi (IWPR), 20 March 2009, http://www.iwpr.net/?p=acr&s=f&o=351181&apc_state=henpacr

"While renegade leader Joseph Kony and his Lord's Resistance Army, LRA, top the list of Ugandans due for trial at the International Criminal Court, ICC, some suggest that the ICC needs to look more closely at Uganda's role in the Democratic Republic of Congo, DRC.

Indeed, it is becoming increasingly possible that Ugandans could eventually appear at The Hague over their country's well documented involvement in the Ituri region of DRC – between 1996 and 2003 – if not as defendants, then as witnesses....."

ii. "Congolese journalists and NGOs say IWPR Lubanga coverage is vital in filling information gap" by Melanie Gouby (IWPR), 23 March 2009, http://www.iwpr.net/?p=acr&s=f&o=351201&apc_state=henpacr

"A lack of relevant reporting in the Congo means that IWPR's coverage is the main source of information on the Thomas Lubanga trial for the country's population, say observers.

`We do not have correspondents in The Hague, because it costs too much for us, so you are the only source [of information we have]. We put your [stories] directly in our pages. They have the priority. My editor often congratulates me for this collaboration,' said Desire Israel-Kazadi, an international justice journalist at the Le Phare daily newspaper in Kinshasa.

Despite great interest in the Lubanga trial, the proceedings are not being broadcast on Congolese television or radio. Although it is being shown on cable TV, few people can afford to subscribe.

The national television station only provides short summaries on the trial in its news broadcasts, while the radio stations – the main media in Congo – hardly comment on it at all.

IWPR, with the support of the Open Society Justice Initiative, an organisation that advocates legal reform for the protection of human rights, is producing daily updates on proceedings along with commentary and legal analysis, published on the lubangatrial.org website.

Readers are invited to participate by asking questions and posting comments on the site, which also features useful background information and links to related websites....

NGOs said they welcomed IWPR's reports for their fresh and unbiased

...Press freedom is a real issue in the DRC. While editors are supposedly free to publish what they want, the authorities always find a way to put pressure on them if they publish something they disapprove of.

`When there is a political tendency in the editorial line, the authorities intervene one way or another. They can say, `You did not pay your taxes, or you did not comply with your specifications', explained Christian Hemedi, the head of the Congolese branch of the Coalition for the International Criminal Court – a global network of NGOs which works as a watchdog for the court.

`[The threat from the authorities] does not need to be violent,' he added.

External pressure by organisations such as IWPR can help to fill the vacuum, especially if they collaborate with local organisations and media.
...IWPR is also helping disseminate information in DRC through its radio programme Face a la Justice, which analyses and explains the ICC's work in Congo. The programme is broadcast on more than 90 stations around the country in collaboration with IWPR's local partner Search for Common Ground.
`The programme is followed by everyone – the parliament, local authorities, the military, civil society and so on,' said Major Innocent Mayembe Sangala, president of the military court in Bunia.

`It has a real impact on political life as it influences opinions positively, and beyond the immediate political impact it also educates people. It reinforce rule of law.'"

iii. "Comment: Why Ntaganda Reprieve is Wrong" by Eugène Bakama (IWPR), 5 March 2009 http://www.iwpr.net/?p=acr&s=f&o=350689&apc_state=henpacr

"We live in a world where those who kill face harsh sentences, or sometimes life imprisonment. In Congo, however, someone accused of involvement in massacres that claimed hundreds of lives is treated with care and invited to the negotiating table to make peace. Additionally, a share of power is offered to him.
That is what has happened with Bosco Ntaganda, the new leader of the National Congress for People's Defense, CNDP, who is wanted by the International Criminal Court, ICC, for allegedly conscripting child soldiers in Ituri in 2002-2003. He is also accused by human rights groups of more recent war crimes in North Kivu province.
...No matter the reasons or the justifications, the Congolese government's refusal to surrender Ntaganda to the ICC is a huge blow for victims who are expecting justice and compensation.

...But Ntaganda may not escape justice forever. The justice minister has said he would not be granted a pardon, implying that he could one day be held accountable for his deeds. There is certainly precedent. The court's first indictee, Thomas Lubanga, was arrested in Kinshasa after being invited by the Congolese authorities to participate in the national reconciliation process. The same thing happened with accused militia leaders Germain Katanga and Matthieu Ngudjolo, who were arrested after their integration into the national army.

Ntaganda's arrest and transfer to The Hague is vital. The Congolese people deserve justice and victims need it in order to restore their dignity. At the moment, rebels like Ntaganda are walking over the blood of Congolese people to achieve power."

See also:
"Congolese Activists Oppose Plans for Ntaganda" by Jacques Kahorha (IWPR), 2 March 2009, http://www.iwpr.net/?p=acr&s=f&o=350629&apc_state=henpacr

VI. OTHER NEWS

To listen to the Interactive Radio for Justice(IRfJ) series programs on the DRC in French and English, please visit the following site: http://www.irfj.org/drc/RP/index.html
There most current radio program series (transcript also available) focuses on answering frequent questions of listeners from DRC and with authorities invited to discuss at length the issue in question and present their various perspectives through unscripted conversation.

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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 indepedent 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 endeavor 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
P.O. box 19519
2500 CM the Hague
The Netherlands