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CAR: Women's Initiatives Amicus Curiae; ICC Outreach Program; Media

06 Aug 2009

Dear Colleagues,

Please find below information about recent developments related to the
International Criminal Court's investigation in the Central African Republic.

On 15 June 2009, ICC Pre-Trial Chamber II confirmed two counts of crimes against
humanity (rape and murder) and three counts of war crimes (rape, murder and
pillaging) against Jean Pierre Bemba Gombo, sending his case to trial. The
crimes were allegedly committed in the Central African Republic (CAR) from 26
October 2002 to 15 March 2003. The Presidency will constitute a Trial Chamber to
be responsible for the conduct of trial proceedings. Before the start of the
trial, a number of preparatory hearings will be held.

Specifically, this message includes information on an amicus curiae brief to be
filed by the Women's Initiatives for Gender Justice (I); as well as news reports
regarding Bemba's provisional release request and the possibility of his money
laundering in Cape Verde (II); information on the ICC's outreach programs in the
region, including a press release from the Court (III); and news regarding
victims' reparations, including an excerpt from an RFI interview with Beatrice
Le Fraper (IV).

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


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I. WOMEN'S INITIATIVES AMICUS BRIEF

"Public Document Request for leave to submit Amicus Curiae observations
pursuant to Rule 103 of the Rules of Procedure and Evidence, ICC-01/05-01/08,"
Source: Women's Initiatives for Gender Justice,13 July 2009,
http://www.icc-cpi.int/iccdocs/doc/doc708756.pdf

Summary: On 13 July the Women's initiatives for Gender Justice filed a request
for leave to prepare an amicus brief before ICC Pre-Trial Chamber 1. This
request, granted on 17 July, addresses the issues underlying the PTC's decision
not to confirm all of the charges related to gender based crimes.

II. NEWS COVERAGE OF BEMBA'S PROVISIONAL RELEASE REQUEST
AND HIS POSSIBLE MONEY LAUNDERING IN CAPE VERDE

i. "Provisional Release Request- The fate of J.P Bemba will be known on July
10", Congo-Kinshasa: LibertÈ provisoire - Le sort de J.P. Bemba sera connu le 10
juillet" 1 juillet 2009, http://fr.allafrica.com/stories/200907010365.html

"All is possible. The Senator Jean-Pierre Bemba might benefit a provisional
release. But he should hold his breath until July 10, date when the ICC Judge
will either accede to the demands of Bemba's lawyers or will decide another
fate."

[Translation is informal and is provided by CICC Secretariat]

ii. "The ICC will make its decision on Bemba's provisional release on August 7"
("La CPI se prononcera aprËs le 07 ao°t sur la libertÈ provisoire de JP Bemba"),
18 July 2009, Digital Congo, http://www.digitalcongo.net/article/59645

"This date will allow the 7 designated countries to decide on whether or not
they would like to welcome JP Bemba into their territory...Outside of the 3
countries, Bemba's defense asked the Netherlands, France, Belgium and Portugal
to give their conditions of provisional release if they were to accept Bemba
into their country..."

[Translation is informal and is provided by CICC Secretariat]

iii. "Bemba might be going to South Africa!" ("Bemba irait en Afrique du Sud!"),
23 July 2009, La Prosperite,
http://www.laprosperiteonline.net/show.php?id=1939&rubrique=La Une

"The Congolese will be looking at the ICC. The provisional release request of JP
Bemba is awaiting decision from Belgium, France and Portugal; Italy, Germany and
finally South Africa were added to the list. A news release by `Lettre du
Continent', affirms that JP Bemba will be spending his time smelling the fresh
air of South Africa. Lobbyists are working to offer the Court, substantial
guarantees that Bemba will not escape international justice..."

[Translation is informal and is provided by CICC Secretariat]

iv. "Nothing is lost!" ("Rien n'est perdu!"), 28 July 2009, La Prosperite,
http://www.laprosperiteonline.net/show.php?id=1999&rubrique=Le Rasoir

"Bemba is finding it hard to find a host country for his temporary release.
According to the Centrafrique Presse, among others, the initial countries chosen
for Bemba's provisional release request (France, Portugal, Belgium) had until
July 24th to make their decision (they declined), all the European countries
have decided not to allow Bemba into their country due to 'high security'
reasons. Now Italy, Germany and South Africa are left to decide his fate."

v. "Bemba, it's suspense until 14 August," ("Bemba, c'est le suspense jusqu'au
14 ao°t !") 29 July 2009, La Prosperite,
http://www.laprosperiteonline.net/show.php?id=2000&rubrique=La Une

"According to most news wires, the ICC will have up to the 14th of August to
decide on Bemba's provisional release. So far, France, Belgium, Netherlands and
Portugal have closed their doors on Bemba. Bemba will have to hold his breath
until August 7th when a decision is made by the remaining countries: Germany,
Italy and South Africa."

See also (in French only):

1. ´ Une dÈlÈgation du MLC autorisÈe ‡ rendre visite ‡ Jean-Pierre Bemba ª
http://www.afriquejet.com/afrique-centrale/rd-congo/une-delegation-du-mlc-autori
see-a-rendre-visite-a-jean-pierre-bemba-2009080332851.html

2. "JP Bemba : La Belgique mitigÈe, le Portugal hÈsite, la France refuse,"
http://bakufranck.wordpress.com/2009/07/25/jp-bemba-la-belgique-mitigee-le-portu
gal-hesite-la-france-refuse/
3. ´ Jean-Pierre Bemba persona non grata en Europe ª,
http://afrikarabia2.blogs.courrierinternational.com/archive/2009/07/25/jean-pier
re-bemba-persona-non-grata-en-europe.html

4. ´ Bemba malvenu en Belgique aussi, ª
http://www.actu24.be/MBO_Article/320984.aspx ´ Jean Pierre Bemba l‚chÈ par les
occidentaux ? "http://centrafrique-presse.over-blog.com/article-34303906.html

vi. "Jean-Pierre Bemba deposited 1,7 EUR in BPN," ("Jean-Pierre Bemba tinha
depÛsito de 1,7 milh_es no BPN"), by AntÛnio Arnaldo Mesquita (Publico), 30 July
2009, http://ultimahora.publico.clix.pt/noticia.aspx?id=1393903&idCanal=57 (in
Portugese)

"Jean-Pierre Bemba, who is currently being detained by the ICC, had 1.7 million
Euros in an account at the Cape Verde branch of the Banco PortuguÍs de NegÛcios
(BPN). Authorities in Cape Verde are investigating Bemba under suspicion of
money laundering.

The sum of money was detected during investigations carried out by Portuguese
authorities after the ICC requested that Bemba's goods be confiscated and used
in an effort to compensate victims...

Due to the fact that Cape Verde has not yet signed the Rome Statute, the ICC is
not able to confiscate the 1.7 million Euros. Instead, the account has been
frozen and investigations are under way to clarify the crime that generated the
sum of money.

In addition to the account in Cape Verde, the Portuguese authorities have
located two other accounts used by Bemba, which receive transfers from the DRC."

[Translation is informal and provided by CICC Secretariat]
See also: "Authorities investigate deposit of 1,7 million in the
BPN,"("Autoridades investigam depÛsito de 1,7 milh_es no BPN"), TVI 24, 30 July
2009,
http://www.tvi24.iol.pt/financas/portugal-bpn-jean-pierre-bemba-cabo-verde/10789
65-1729.html(in Portugese)

III. ICC OUTREACH PROGRAM

i. "The International Criminal Court launches its first radio outreach programme
in Sango in the Central African Republic," ICC Press Release, 2 July 2009
http://www.icc-cpi.int/menus/icc/press and media/press releases/the inte
rnational criminal court launches its first radio outreach progr
amme in sango in the central

"On Monday, 6 July 2009, the first radio outreach programme of the International
Criminal Court (ICC) will be launched in the Central African Republic. The
series of radio programmes is part of a broad outreach campaign started in
January 2009. It is designed to inform the Central African population about the
role, mandate, operation and activities of the International Criminal Court.

The series, which is being broadcast only in Sango, is called `Understanding the
International Criminal Court'. It is divided into 13 episodes and uses a
questions and answers format. Mr Gervais Bodagay, ICC Outreach Assistant in
Bangui, responds to the most frequently asked questions put to the Court's
staff."

ii. "CAR/DR Congo audiences grow for International Criminal Court radio
programme," 23 July 2009, IWPR, www.iwpr.net

"IWPR's Facing Justice radio programme has found new listeners in the Central
African Republic [CAR] where it is now being carried by the country's leading
station.

Radio Ndeke Luka, based in the capital Bangui, has been broadcasting the
French-language episodes of Facing Justice, IWPR's programme about the
International Criminal Court, ICC, for over a month.

Though Facing Justice was originally intended for a Congolese audience, it also
explores issues of interest to people in CAR, including the upcoming trial of
Jean-Pierre Bemba who is accused of crimes in the country. Each episode looks
into a different theme relating to local and international justice, including
arrest warrants, issues surrounding victim participation and protection, and the
difficulty the court has experienced in making arrests..."

V. VICTIM REPARATIONS

i. "Frustration Over Limited Reparations", 8 July 2009, IWPR,
http://www.iwpr.net/?p=acr&s=f&o=354141&apc_state=henh

"Seven years after having their livelihoods destroyed, victims are growing
impatient at lack of economic justice..."

"Ordinary people were killed, raped, robbed and displaced as punishment for
perceived support for the rebels. In May 2007, the International Criminal Court,
ICC, opened an investigation into suspected atrocities committed during the coup
attempt..."

"Victims like Clementine are going to have to wait a while longer for
compensation, however. Court-ordered payments linked to sentencing can only
happen once a trial is over and a judgement has been delivered."

ii "Central African Republic: the expectations of war crimes victims"
("RÈpublique Centrafricaine : les attentes des victimes de crimes de guerre"),
18 July 2009,RFI,
http://www.rfi.fr/player/popUpMultimedia/popUpMultimedia_R.aspx?rubrique=radiofr
&URL=http://telechargement.rfi.fr.edgesuite.net/rfi/francais/audio/modules/actu/
R115/chro_droitsdelhomme_180709&UID=1_142_145050&s=54309&s2=23&xtpage=RechercheB
eta&xt_multc=&x1=1&x2=1&x3=&x4=&x5= (in French)

RFI posted a short interview with Beatrice Le Fraper, Special Advisor to the ICC
prosecutor and Matthias Barthelemy Moruba (Central African lawyer working with
Marie-Edith Douzima) representing the victims. Beatrice Le Frapper said that
"It's not because the ICC is judging Bemba for crimes committed in 2002-2003
that all the international community has to do is to cross its arms and to say
that in the end, the problem in CAR is over. On the contrary, we are thus
talking with the UN, the EU, with the World Bank and others so that they may
support ICC efforts, so that they may answer to the victims' questions, rape
victims, victims of sexual violence..."

[Translation is informal and is provided by CICC Secretariat]

**************************
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