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CAR: Latest on Bemba Case including ICC Press Releases, News Coverage

04 Sept 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 includes two ICC Press Releases on the Prosecutor's appeal of the
decision by Pre-Trial Chamber II to grant Jean-Pierre Bemba conditional release
until his trial (I); related news coverage (II); and an opinion piece titled
"Bemba Free, But Where to Go?" by EugËne Bakama Bope for IWPR (III).

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. ICC PRESS RELEASES

The documents below have been produced by the ICC. The Coalition for the ICC
distributes them as part of its mandate to inform member organizations and
individuals about ICC-related developments. The document does not reflect the
views of the CICC as a whole or its individual members.

i. "ICC Prosecutor: Releasing Jean-Pierre Bemba would be an Error in Law," ICC
Press Release ICC-OTP-20090825-PR445, 25 August 2009,
http://www.icc-cpi.int/NR/exeres/4F21AF53-EDFC-44BD-A25E-0098D5238E99.htm

"...Jean-Pierre Bemba should remain in custody to the end of his trial, ICC
Prosecutor Luis Moreno-Ocampo stated in a filing presented to the Appeals
Chamber. The ICC Prosecutor appealed the decision of the single judge on interim
release as soon as it was rendered. Yesterday, the Prosecutor made known his
arguments in support of Mr. Bemba's continued detention.

The Prosecutor said that contrary to the Single Judge's conclusions, there has
been no change of circumstances in the present case. Most of the circumstances
cited are pre-existing and have been cited previously by the same judge as
either grounds for continued detention or irrelevant to an application for
release. The only significant intervening factor, the issuance of the decision
confirming the charges against the Accused, confirms and increases the risks
posed by the Accused if released. The Single Judge's decision is thus error.

The pending charges may result in conviction with an overall lengthy sentence.
All prior decisions, including the Appeals Chamber's decision denying Bemba's
release, noted that the gravity of the charges - crimes against humanity and war
crimes - make `the risk of [the Accused] absconding […] more likely'. The
Chamber confirmed those charges. The Accused is now closer to trial and, if
convicted, subject to a potentially lengthy sentence. The confirmation decision
increases the incentive to flee and to obstruct the prosecution. It also
increases the capacity to harm witnesses, since the Accused knows the identity
of the witnesses and will continue to discover essential prosecution evidence.

Prosecutor Moreno-Ocampo also requested suspensive effect to the appeal, so that
there is no possibility of Mr. Bemba's release while it is under consideration
by the Appeals Chamber.

`Mr. Bemba is still presumed innocent but must stay in the detention centre .We
will do all we can to ensure he stands trial as soon as possible and that
victims see justice done' said the Prosecutor.

The International Criminal Court is an independent, permanent court that
investigates and prosecutes persons accused of the most serious crimes of
international concern, namely genocide, crimes against humanity and war crimes."

ii. "ICC Prosecutor: No Temporary Release for Jean-Pierre Bemba," ICC Press
Release ICC-OTP-20090814-PR444, 14 August 2009,
http://www.icc-cpi.int/NR/exeres/FC6EED46-3CC1-4B07-9567-BF0C043F833E.htm

"International Criminal Court Prosecutor Luis Moreno-Ocampo will today appeal
the decision by Pre-Trial Chamber II to grant Jean-Pierre Bemba conditional
release until his trial. The Prosecution `considers that Mr. Bemba, who is still
physically in detention in The Hague, should stay in custody. The Appeals
Chamber will review whether the decision to release Mr. Bemba is correct'. On
August 24, the Prosecution's arguments will be presented.

Additionally, there is no prospect of immediate release. At this stage, States
identified by the Defence as potential hosts have expressed objections or
concerns about accepting Mr Bemba on their territory for this interim period.

`The judges of the ICC have confirmed that Mr. Bemba must stand trial to answer
the very serious charges that have been brought against him' said the
Prosecutor. `Victims and witnesses can be confident that the trial will take
place in the near future and that the Court will continue to guarantee their
safety'.

The International Criminal Court is an independent, permanent court that
investigates and prosecutes persons accused of the most serious crimes of
international concern, namely genocide, crimes against humanity and war crimes."

II. RELATED NEWS COVERAGE

i. "ICC prosecutors urge against freeing DR Congo ex-VP," AFP, 25 August 2009,
http://www.google.com/hostednews/afp/article/ALeqM5jBP9Mbuc6b9by7820qL6ZzETQBcA

"Democratic Republic of Congo ex-vice president Jean-Pierre Bemba is a flight
risk and may harm witnesses in his war crimes trial, prosecutors said Tuesday in
appealing against his ordered release.
`The accused is now closer to trial and, if convicted, subject to a potentially
lengthy sentence,' the office of chief International Criminal Court (ICC)
prosecutor Luis Moreno-Ocampo said in a statement.
Furthermore, the court's confirmation in June of charges of murder, rape and
pillaging against Bemba, `increases the incentive to flee and to obstruct the
prosecution. It also increases the capacity to harm witnesses since the accused
knows the identity of the witnesses,'said the statement.
The court granted Bemba a conditional release earlier this month pending trial.
But he is to stay in his holding cell in The Hague while a country is sought
that is willing to host him.
The prosecution is appealing the release order. No trial date has been set.
...The ICC has invited Belgium, Portugal, France, Germany, Italy and South
Africa, states to which Bemba had asked to be released, to make `observations'
at hearings scheduled for September 7-14.
Most of the countries have raised objections to Bemba being released into their
care.
The prosecution said the court had erred in ordering Bemba's release without
specifying a state willing and able to take him.
... `Jean-Pierre Bemba should remain in custody to the end of his trial,' said
the prosecutor's office."

ii. "Five Questions for the Secretary-General of the Rassemblement Congolais
pour la DÈmocratie (RCD), Mr. Me Hubert Efole," Le Potential, 24 August 2009,
http://www.lepotentiel.com/afficher_article.php?id_edition=&id_article=85253 (in
French)

"...Interviewer: What are your impressions on the interim release that the ICC
wishes to grant Jean-Pierre Bemba?
Response: The idea does not surprise me because I and my party, the RCD, know
that his arrest rests on a weak foundation. We were surprised to see him held in
custody preventatively despite the fact that there is no special law permitting
the ICC to do so. We believe that this could be a first step toward his full
release."
Translation is Informal and Provided by the CICC Secretariat.

See related news coverage in French:

a. "Gunfire at the Homes of Two Ministers Once Close to Bemba" ("Coups de feu
chez deux ministres ex-proches de Bemba,") AFP, 31 August
2009,http://www.jeuneafrique.com/Articleimp_DEPAFP20090831T122414Z_

b. "Two Ministers Receive Death Threats" ("Deux ministres menacÈs de mort,")
Jean- RenÈ Bompolonga (Le Phare), 1 September 2009,
http://www.lepharerdc.com/www/index_view.php?storyID=10170&rubriqueID=9

III. OPINION

"Bemba Free, But Where to Go?" by EugËne Bakama Bope (IWPR), 26 August 2009,
http://www.iwpr.net/?p=acr&s=f&o=355397&apc_state=henpacr

"...From the very beginning, there was widespread speculation in the DRC that
Bemba's detention was no more than a cynical move by Kabila to get rid of a
dangerous political adversary.

News of his release is likely to reinforce this view at home, and provide the
MLC with fresh ammunition against Kabila.

It has also given a tremendous morale boost to party members, who now have a
central leader around whom they can once again rally.

The ultimate hope within the party is to have Bemba tried and acquitted ahead of
the 2011 elections.

Having him eventually back on home soil, where he continues to enjoy
considerable support, could help raise the MLC's performance at the polls
significantly.

However, given the tight timetable, even if he is acquitted he may not make it
back to the country in time.

For all the excitement surrounding his release, Bemba's direct influence over
the party apparatus will be limited.

Inevitably, the ICC will impose tight conditions that will not allow him to
reassert control over the party or interfere in the DRC's domestic politics.

Moreover, he will be barred from returning to the DRC, and so all communication
with party members would have to be from abroad.

Bemba could enjoy greater influence over Congolese politics if he were to be
released to a nation where there is a large expatriate community from his home
country.

However, this now looks unlikely.

...Belgium and France have openly said that they are not in a position to
accommodate the former rebel leader, fearing that accepting Bemba could create
internal frictions. South Africa has remained non-committal, and stressed that
it has not yet made any offer to play host.

It is therefore probable that, once he is released, Bemba will have to opt for
somewhere that is more detached from his home country's affairs.

This will no doubt curtail his political involvement, even if it does not
diminish the excitement with which news of his imminent release has been met by
party members."



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