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Call for Inquiry into Goungaye's Death; Developments in Bemba Case; IWPR Article on Patasse and ‘Open Letter’ to ICC Officials

19 May 2009

Dear Colleagues, Please find below information about recent developments related to the International Criminal Court's investigation in the Central African Republic. This message covers information on a call for a formal inquiry into the death of CAR human rights activist Goungagye Wanifo Ngantouwa as well as the latest developments in the case of The Prosecutor v. Jean-Pierre Bemba Gombo including an in-depth report from IWPR titled “Locals Want Patasse to Face Justice” featuring a quote from Marie Edith Douzima Lawson, head of the CAR Coalition for the ICC. 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. Best regards, CICC Secretariat [email protected] ************************** I. CALL FOR TRUTH COMMISSION INTO GOUNGAYE’S DEATH "Call for Truth and Justice Commission for Goungagye Wanifo Ngantouwa," CentralAfrique Press, 26 May 2009, http://www.centrafrique-presse.com/ (in French) "During the night of 27-28 December 2008, lawyer Goungaye Wanfiyo Ntangatouwa died in a mysterious car accident in the Central African Republic (CAR). Of French-Central African nationality, Goungaye was a barrister in Grenoble then CAR. Up until his death, Goyngaye served as president of the Central African League for Human Rights (LCDH), a member organisation in the Central Africa Republic (CAR) of International Federation of Human Rights (FIDH).” At the time of his sudden death, Goynagye was deeply involved in the proceedings before the International Criminal Court (ICC), defending the rights of victims. He was representing victims in the proceedings launched by the International Criminal Court against Jean- Pierre Bemba...” ..Six months after his deadly accident, there has still not been any serious investigation into the circumstances of his death either by the CAR or French authorities. On the contrary, the fact that nothing has been done might suggest an attempt at a cover-up that defies the wishes of Goungaye's wife and children. In Goungaye's memory, we call for a Truth and Justice Commission which would shed light on the matter in keeping with these principle goals: -The right to truth about the exact circumstances of Goungaye's death, and in the case of a possible assasination, the need to hold accountable those criminally responsible; -The need to keep the memory of Goungaye alive; and -The need to uphold Goungaye's lifelong dream of human rights, freedom and democracy for all Africans and citizens of CAR in particular...” (Translation is informal and provided by CICC Secretariat) II. DEVELOPMENTS IN BEMBA CASE: NEWS REPORTS AND OPINION i. “Local ICC Office Clarifies What Lies Ahead in Bemba Affair,” Radio Okapi, 16 May 2009, www.radiookapi.net/index.php?i=53&l=0&c=0&a=23307&da=&hi=0&of=19&s=&m=2&k=0&r=all&sc=0&id_a=0&ar=0&br=qst (in French) “The spokesperson for the ICC office in Kinshasa told Radio Okapi that ICC judges will make a decision with regard to the Bemba case before the end of June. Judges have until then to make a decision on the charges against the Senator Jean-Pierre Bemba. Once charges are confirmed, the Bemba trial may proceed in The Hague. Should charges not be confirmed, the judges could decide to free the leader of the MLC according to Paul Madidi....” (Translation is informal and provided by CICC Secretariat) ii. “Jean-Pierre Bemba hopes for a dismissal,” Christophe Rigaud (Afrikarabia, a blog of Courrier International ), 14 May 2009, http://afrikarabia2.blogs.courrierinternational.com/archive/2009/05/14/rdc-jean-pierre-bemba-espere-le-non-lieu.html (in French) “What the future holds for Jean-Pierre Bemba becomes clearer with time. On June 24th, the International Criminal Court (ICC) will have pronounced its decision: either the Court will confirm the charges against Jean-Pierre Bemba, or it will ask for new evidence, or it might even decide for a dismissal. The lawyers for the leader of the MLC foresee this last option foremost.” (Translation is Informal and Provided by CICC Secretariat) See also: a. “Bemba: Decision Expected Next June!,” by D-I Kazadi (Le Phare), 13 May 2009, http://www.lepharerdc.com/www/index_view.php?storyID=8775&rubriqueID=9 (in French) b. “Jean-Pierre Bemba has a defense issue,” by Castro (Le Phare), 13 May 2009, http://www.lepharerdc.com/www/index_view.php?storyID=8781&rubriqueID=9 (in French) c. “Already one year of detention for Jean-Pierre Bemba,” Blog Posting by Pierre (Afrikarabia, a blog of Courrier International), 25 May 2009, http://afrikarabia2.blogs.courrierinternational.com/archive/2009/05/25/jean-pierre-bemba-1-an-d-incarceration.html (in French) III. OTHER DEVELOPMENTS IN CAR “Locals Want Patasse to Face Justice,” by Katy Glassborow in Bangui, IWPR, 29 May 2009, http://www.iwpr.net/?apc_state=hfrfacr352305&l=en&s=f&o=352610 “...There is patchy understanding of the ICC and its work amongst people we speak to. While some have never heard of it, others know that a court in The Hague is looking into crimes committed against them. ...Marie Edith Douzima Lawson, a CAR lawyer who represents victims at the ICC, noted that ‘during Bemba’s confirmation of charges hearing the name of Patasse came up as co-author of crimes.’ She says that it was difficult to explain to victims why the ICC hasn’t issued an arrest warrant for Patasse even though the court has said he was involved in violence in official documents and open court sessions. There has been much speculation as to why Patasse hasn’t been indicted. Deputy prosecutor at the ICC Fatou Bensouda says that prosecutors haven’t acted because they lack evidence of his individual criminal responsibility. ‘We are happy and satisfied with the evidence for individual criminal responsibility of Bemba. This is why we have proceeded against Bemba. We do not have this yet for Patasse. This is why we have not asked for an arrest warrant for him, even though he is a co-perpetrator of Bemba,’ she said. Bensouda said Patasse was no doubt a very important player in the CAR conflict between 2002 and 2003, and added that he was the one who invited MLC troops into the country. However, she says this is not enough to mount a prosecution case against him, ‘We are driven by the evidence and the evidence alone. Our investigations are continuing, [but] we will only prosecute Patasse if we are satisfied his individual criminal responsibility is established.’ She also stresses that no-one is immune from ICC justice, pointing out that a sitting head of state – Sudan’s Omar al-Bashir – is an indictee of the court. While CAR citizens are concerned that no one from their own country has been charged in relation to atrocities committed in 2002 and 2003, Bensouda said there was nothing strange about this. ‘It is no surprise a foreign militia leader has been charged for war crimes and crimes against humanity committed in the CAR. During this time, Jean-Pierre Bemba was the undisputed leader of the MLC, and of the very same Banyamulengue who raped, looted and killed civilians in the CAR,’ she said. Bensouda says that many victims interviewed referred to those who committed crimes against them as ‘les hommes de Bemba (Bemba’s men).’ ‘I think this says it all,’ she said. ‘Victims of these crimes seem satisfied, relieved and grateful that Jean-Pierre Bemba has been arrested and will face trial.’ ‘When we announced the arrest of Bemba and you saw at the market place many people with radios glued to their ears, listening. It is a dream that Bemba would ever be brought to account for what he did.’ Bemba's lawyers say that ICC prosecutors are pursuing the wrong man. During Bemba's confirmation of charges hearing in The Hague in January, his defence argued that the MLC was deployed at the request of Patasse and obeyed his orders, so Bemba could not be held responsible for crimes allegedly committed by his troops in CAR. Once the MLC stepped over the border from Congo, they were no longer ‘Bemba’s men’ but subordinate to Patasse, the lawyers say. ...Back in Bangui, we stop to talk to Bonaventure, who sits resting under the shade of a tree, as girls selling bananas, mangoes and credit for mobile phones wander slowly past in the heat of the day. ‘If the ICC is doing its work, Patasse needs to be tried too. If he isn’t arrested, it means there is no justice in the world for people like me,’ Bonaventure said. Pierre, from Bozize’s hometown of Bossangoa, joins in our conversation. ‘Patasse should respond to what he did. The Banyamulengue did many things, they committed lots of crimes,’ he said. ‘They told husbands to strip and go outside and then they shot them. Patasse invited Bemba here, so he too needs to respond to the ICC.’ Speaking to IWPR from his home in Togo, Patasse said repeatedly that he was ‘aware of nothing’ when it was put to him that CAR citizens blame him for inviting Bemba’s men into the country, and for not stopping the atrocities they allegedly committed. Patasse says he didn’t know about Bemba’s trial at the ICC and when asked whether it would have been possible to halt violence against civilians between 2002-2003, he would only say, ‘We are not in 2002-2003, we are in 2009.’ When pressed on the latter question, he said, ‘Ask the question to the current president. I repeat, these issues do not concern me.’ ‘Complaints brought by Bozize to the ICC are illegal. It is not up to Bozize the rebel to complain, it is up to me who was representing the legal government at the time.’...” ii. “Open Letter” addressed to International Community and ICC among others, by Sub-Prefecture of Kobo, Le Courrier International’s blog, Afrikarabia, 16 May 2009, http://centrafrique-presse.over-blog.com/article-31474517.html (in French) “We the citizens of the Sous-préfecture of Kabo have decided to break our silence as the situation here deteriorates...there is a real risk of genocide... We denounce the crimes that continue to be committed here that suggest a potential genocide...The town of Kabo has become like the Darfur conflict in Sudan or the Kivu conflict in DRC yet no one is paying attention...We call on the assistance of the international community to help conduct independent investigations on the crimes committed in Kobo.” [Translation is informal and are provided by the CICC] ************************** 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 P.O. Box 19519 2500 CM the Hague The Netherlands Dear Colleagues, Please find below information about recent developments related to the International Criminal Court's investigation in the Central African Republic. This message covers information on a call for a formal inquiry into the death of CAR human rights activist Goungagye Wanifo Ngantouwa as well as the latest developments in the case of The Prosecutor v. Jean-Pierre Bemba Gombo including an in-depth report from IWPR titled “Locals Want Patasse to Face Justice” featuring a quote from Marie Edith Douzima Lawson, head of the CAR Coalition for the ICC. 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. Best regards, CICC Secretariat [email protected] ************************** I. CALL FOR TRUTH COMMISSION INTO GOUNGAYE’S DEATH "Call for Truth and Justice Commission for Goungagye Wanifo Ngantouwa," CentralAfrique Press, 26 May 2009, http://www.centrafrique-presse.com/ (in French) "During the night of 27-28 December 2008, lawyer Goungaye Wanfiyo Ntangatouwa died in a mysterious car accident in the Central African Republic (CAR). Of French-Central African nationality, Goungaye was a barrister in Grenoble then CAR. Up until his death, Goyngaye served as president of the Central African League for Human Rights (LCDH), a member organisation in the Central Africa Republic (CAR) of International Federation of Human Rights (FIDH).” At the time of his sudden death, Goynagye was deeply involved in the proceedings before the International Criminal Court (ICC), defending the rights of victims. He was representing victims in the proceedings launched by the International Criminal Court against Jean- Pierre Bemba...” ..Six months after his deadly accident, there has still not been any serious investigation into the circumstances of his death either by the CAR or French authorities. On the contrary, the fact that nothing has been done might suggest an attempt at a cover-up that defies the wishes of Goungaye's wife and children. In Goungaye's memory, we call for a Truth and Justice Commission which would shed light on the matter in keeping with these principle goals: -The right to truth about the exact circumstances of Goungaye's death, and in the case of a possible assasination, the need to hold accountable those criminally responsible; -The need to keep the memory of Goungaye alive; and -The need to uphold Goungaye's lifelong dream of human rights, freedom and democracy for all Africans and citizens of CAR in particular...” (Translation is informal and provided by CICC Secretariat) II. DEVELOPMENTS IN BEMBA CASE: NEWS REPORTS AND OPINION i. “Local ICC Office Clarifies What Lies Ahead in Bemba Affair,” Radio Okapi, 16 May 2009, www.radiookapi.net/index.php?i=53&l=0&c=0&a=23307&da=&hi=0&of=19&s=&m=2&k=0&r=all&sc=0&id_a=0&ar=0&br=qst (in French) “The spokesperson for the ICC office in Kinshasa told Radio Okapi that ICC judges will make a decision with regard to the Bemba case before the end of June. Judges have until then to make a decision on the charges against the Senator Jean-Pierre Bemba. Once charges are confirmed, the Bemba trial may proceed in The Hague. Should charges not be confirmed, the judges could decide to free the leader of the MLC according to Paul Madidi....” (Translation is informal and provided by CICC Secretariat) ii. “Jean-Pierre Bemba hopes for a dismissal,” Christophe Rigaud (Afrikarabia, a blog of Courrier International ), 14 May 2009, http://afrikarabia2.blogs.courrierinternational.com/archive/2009/05/14/rdc-jean-pierre-bemba-espere-le-non-lieu.html (in French) “What the future holds for Jean-Pierre Bemba becomes clearer with time. On June 24th, the International Criminal Court (ICC) will have pronounced its decision: either the Court will confirm the charges against Jean-Pierre Bemba, or it will ask for new evidence, or it might even decide for a dismissal. The lawyers for the leader of the MLC foresee this last option foremost.” (Translation is Informal and Provided by CICC Secretariat) See also: a. “Bemba: Decision Expected Next June!,” by D-I Kazadi (Le Phare), 13 May 2009, http://www.lepharerdc.com/www/index_view.php?storyID=8775&rubriqueID=9 (in French) b. “Jean-Pierre Bemba has a defense issue,” by Castro (Le Phare), 13 May 2009, http://www.lepharerdc.com/www/index_view.php?storyID=8781&rubriqueID=9 (in French) c. “Already one year of detention for Jean-Pierre Bemba,” Blog Posting by Pierre (Afrikarabia, a blog of Courrier International), 25 May 2009, http://afrikarabia2.blogs.courrierinternational.com/archive/2009/05/25/jean-pierre-bemba-1-an-d-incarceration.html (in French) III. OTHER DEVELOPMENTS IN CAR “Locals Want Patasse to Face Justice,” by Katy Glassborow in Bangui, IWPR, 29 May 2009, http://www.iwpr.net/?apc_state=hfrfacr352305&l=en&s=f&o=352610 “...There is patchy understanding of the ICC and its work amongst people we speak to. While some have never heard of it, others know that a court in The Hague is looking into crimes committed against them. ...Marie Edith Douzima Lawson, a CAR lawyer who represents victims at the ICC, noted that ‘during Bemba’s confirmation of charges hearing the name of Patasse came up as co-author of crimes.’ She says that it was difficult to explain to victims why the ICC hasn’t issued an arrest warrant for Patasse even though the court has said he was involved in violence in official documents and open court sessions. There has been much speculation as to why Patasse hasn’t been indicted. Deputy prosecutor at the ICC Fatou Bensouda says that prosecutors haven’t acted because they lack evidence of his individual criminal responsibility. ‘We are happy and satisfied with the evidence for individual criminal responsibility of Bemba. This is why we have proceeded against Bemba. We do not have this yet for Patasse. This is why we have not asked for an arrest warrant for him, even though he is a co-perpetrator of Bemba,’ she said. Bensouda said Patasse was no doubt a very important player in the CAR conflict between 2002 and 2003, and added that he was the one who invited MLC troops into the country. However, she says this is not enough to mount a prosecution case against him, ‘We are driven by the evidence and the evidence alone. Our investigations are continuing, [but] we will only prosecute Patasse if we are satisfied his individual criminal responsibility is established.’ She also stresses that no-one is immune from ICC justice, pointing out that a sitting head of state – Sudan’s Omar al-Bashir – is an indictee of the court. While CAR citizens are concerned that no one from their own country has been charged in relation to atrocities committed in 2002 and 2003, Bensouda said there was nothing strange about this. ‘It is no surprise a foreign militia leader has been charged for war crimes and crimes against humanity committed in the CAR. During this time, Jean-Pierre Bemba was the undisputed leader of the MLC, and of the very same Banyamulengue who raped, looted and killed civilians in the CAR,’ she said. Bensouda says that many victims interviewed referred to those who committed crimes against them as ‘les hommes de Bemba (Bemba’s men).’ ‘I think this says it all,’ she said. ‘Victims of these crimes seem satisfied, relieved and grateful that Jean-Pierre Bemba has been arrested and will face trial.’ ‘When we announced the arrest of Bemba and you saw at the market place many people with radios glued to their ears, listening. It is a dream that Bemba would ever be brought to account for what he did.’ Bemba's lawyers say that ICC prosecutors are pursuing the wrong man. During Bemba's confirmation of charges hearing in The Hague in January, his defence argued that the MLC was deployed at the request of Patasse and obeyed his orders, so Bemba could not be held responsible for crimes allegedly committed by his troops in CAR. Once the MLC stepped over the border from Congo, they were no longer ‘Bemba’s men’ but subordinate to Patasse, the lawyers say. ...Back in Bangui, we stop to talk to Bonaventure, who sits resting under the shade of a tree, as girls selling bananas, mangoes and credit for mobile phones wander slowly past in the heat of the day. ‘If the ICC is doing its work, Patasse needs to be tried too. If he isn’t arrested, it means there is no justice in the world for people like me,’ Bonaventure said. Pierre, from Bozize’s hometown of Bossangoa, joins in our conversation. ‘Patasse should respond to what he did. The Banyamulengue did many things, they committed lots of crimes,’ he said. ‘They told husbands to strip and go outside and then they shot them. Patasse invited Bemba here, so he too needs to respond to the ICC.’ Speaking to IWPR from his home in Togo, Patasse said repeatedly that he was ‘aware of nothing’ when it was put to him that CAR citizens blame him for inviting Bemba’s men into the country, and for not stopping the atrocities they allegedly committed. Patasse says he didn’t know about Bemba’s trial at the ICC and when asked whether it would have been possible to halt violence against civilians between 2002-2003, he would only say, ‘We are not in 2002-2003, we are in 2009.’ When pressed on the latter question, he said, ‘Ask the question to the current president. I repeat, these issues do not concern me.’ ‘Complaints brought by Bozize to the ICC are illegal. It is not up to Bozize the rebel to complain, it is up to me who was representing the legal government at the time.’...” ii. “Open Letter” addressed to International Community and ICC among others, by Sub-Prefecture of Kobo, Le Courrier International’s blog, Afrikarabia, 16 May 2009, http://centrafrique-presse.over-blog.com/article-31474517.html (in French) “We the citizens of the Sous-préfecture of Kabo have decided to break our silence as the situation here deteriorates...there is a real risk of genocide... We denounce the crimes that continue to be committed here that suggest a potential genocide...The town of Kabo has become like the Darfur conflict in Sudan or the Kivu conflict in DRC yet no one is paying attention...We call on the assistance of the international community to help conduct independent investigations on the crimes committed in Kobo.” [Translation is informal and are provided by the CICC] ************************** 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 P.O. Box 19519 2500 CM the Hague The Netherlands