News

CAR - Latest on Bemba case: Statements by FIDH and ISS; In Situ AI B

17 Sept 2009

Dear all,

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

This message includes a statement from CICC member FIDH and by the Institute for
Security Studies with regard to the Pre-Trial Chamber II's recent decision to
grant Jean-Pierre Bemba conditional release until his trial (I); a posting from
the Coalition's In Situ blog titled "States object to cooperating with the
conditional release of Jean-Pierre Bemba Gombo - another sign of a cooperation
crisis?", written by Jonathan O'Donohue of Amnesty International (II); as well
as continued news coverage (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

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

I. LATEST STATEMENTS

i. "FIDH is worried about the security of victims and witnesses: Jean-Pierre
Bemba kept in detention during wait for appeal", (La FIDH craint pour la
sécurité des victimes et des témoins: Jean-Pierre Bemba maintenu en détention
dans l'attente de l'appel"), Fédération internationale des ligues des droits de
l'Homme (FIDH), Press Release, 3 September 2009,
http://www.fidh.org/CPI-Jean-Pierre-Bemba-La-FIDH (in French)

"FIDH is very preoccupied by the risk that the interim release of Bemba might
represent for all victims and witnesses.

... While FIDH respects the decision taken by the Pre-Trial Chamber which is an
example of the Court's impartiality, FIDH is nonetheless concerned by the
conclusions made by the Chamber that hold that Bemba would not escape justice
and that his release would not infringe on the rights of victims and witnesses.

... FIDH recalls how the situation on the ground in the Central African Republic
is very tense and witnesses and victims of the very crimes that Jean-Pierre
Bemba stands accused of find themselves in an extremely precarious situation.
FIDH is worried about the extreme vulnerability of these actors on the ground.

...FIDH underscores that victims and witnesses in contact with the Court, as
well as all many other persons outside of the judicial process, withstand
considerable pressure. The security of these persons should be taken into
account by the judges..."

[Translation is informal and provided by the CICC Secretariat]

ii. "Jean-Pierre Bemba's Interim Release Raises Unnecessary Heat," by Godfrey M
Musila (ISS Pretoria), 14 September 2009,
http://www.issafrica.org/index.php?link_id=5&slink_id=8231&link_type=12&slink_ty
pe=12&tmpl_id=3 [excerpts]

"... It is necessary to address some of these concerns and place the PTC II's
decision within its proper context. First, the AU's decision requesting African
States Parties to the ICC not to cooperate with the Court is specifically
limited to the case against President Al-Bashir. Linking that decision to any of
the two other cases in Darfur, let alone the Bemba case (which relates to crimes
allegedly committed in Central African Republic) to explain South Africa's
reported refusal to host Bemba, distorts the facts and is patently absurd.

Second, conditional release has no bearing on Bemba's guilt. Furthermore, it
cannot be suggested that 'release' means that the case against Bemba is weak, or
somehow unfounded, as the release decision does not go into the merits of the
case. Neither can one argue that by ordering Bemba's release, the Court (judge)
has failed in its duties. Bemba's release is a matter of law and procedure.

... No matter the eventual outcome of this matter, the decision by PTC II to
release Bemba conditionally underscores at least four things:

The Rome Statute protects the rights of those accused or suspected of committing
crimes and that the ICC is obliged to ensure that these rights are respected.

1. The independence of the judges and the fact that they decide in terms of the
Statute, no matter what position the Office of the Prosecutor, victims or the
defence assumes on a particular issue.
It is noteworthy that the Prosecutor has appealed the PTC II's decision, and has
obtained a decision to suspend the release of Bemba until the Appeals Chamber
decision.

2. Although victims and relevant NGOs may take issue with the Court over the
release decision, the ruling constitutes a delicate balance between the
fundamental rights of defendants and the imperatives of international criminal
justice. The rights of victims, which are recognized in the Rome Statute, are
subsumed in the latter concept as exemplified in article 58 criteria outlined
above.

3. States Parties are crucial to the work of the ICC and will from time to time
be called up to assist the Court in various ways, including giving effect to its
orders. Without state cooperation, the ICC cannot achieve its mandate."

II. LATEST IN SITU BLOG POSTING

"States object to cooperating with the conditional release of Jean-Pierre Bemba
Gombo - another sign of a cooperation crisis?" by Jonathan O'Donohue (Amnesty
International), CICC 'In Situ' blog, 10 September 2009,
http://coalitionfortheicc.org/blog/?p=431

"On 14 August 2009, Single Judge Ekaterina Trendafilova of the Pre-Trial Chamber
of the International Criminal Court (ICC) decided that Jean-Pierre Bemba - who
is charged with crimes against humanity and war crimes in Central African
Republic - is to be released subject to conditions pending his trial which is
expected to start in 2010. The decision has been appealed by the Office of the
Prosecutor. However, if his release is affirmed by the Appeals Chamber, it is
uncertain whether the ICC will be able to implement the decision promptly as the
six states parties to the Rome Statute of the International Criminal Court (Rome
Statute) that have been requested to accept him on their territories while he is
released - Belgium, France, Germany, Italy, Portugal and South Africa - have all
voiced 'objections and concerns.'

The interim release of accused persons pending trial is fully consistent with
the fair trial guarantees contained in the Rome Statute and international human
rights law, in particular the right to the presumption of innocence. It is vital
that, after applying the criteria set out in the Rome Statute and the Rules of
Procedure and Evidence, the ICC can release suspects before and during trials to
ensure that the institution meets the highest standards of fairness.

If the Pre-Trial Chamber's decision to release Jean-Pierre Bemba conditionally
is affirmed, then he should be released without delay to a state party that will
cooperate fully with the ICC in supervising his release and ensuring that the
conditions of release are respected. The apparent reluctance of the six
requested states parties to cooperate with the ICC is, therefore, of serious
concern.

To observers of the ICC, situations where states parties fail to cooperate with
the ICC have been inevitable for some time. The fact that less than 40 of the
110 states parties to the Rome Statute have enacted national legislation
providing for cooperation with the ICC demonstrates how unprepared many states
parties are to fulfil their cooperation obligations. Moreover, many of those
laws that have been enacted include flaws that could prevent cooperation in some
circumstances. States parties have also failed to enter into important
agreements to assist the ICC in relocating victims and witnesses at immediate
risk and to enforce sentences of convicted persons in their national prison
facilities. Reference must also be made to the declaration issued by the African
Union in June not to cooperate with the arrest and surrender of President Omar
al-Bashir, which Amnesty International called 'an insult to victims of human
rights violations in Darfur.'

The Assembly of States Parties, which is the main oversight body of the ICC, has
fallen well short of ensuring that states parties are ready and willing to
cooperate with all requests of the ICC. Despite adopting a very detailed report
in 2007, setting out 66 recommendations for states parties on cooperating with
the ICC, inadequate measures have been taken by the Assembly to ensure that the
recommendations are implemented. For example, calls by non-governmental
organizations for the Assembly to, at a minimum, establish a Working Group on
Cooperation to meet during its sessions have so far not been implemented.

Unsurprisingly, Judge Trendafilova appears to have taken a strict line on state
cooperation with Jean-Pierre Bemba's interim release. In the decision, the Judge
affirms that states parties have an obligation under Article 86 of the Rome
Statute to cooperate with provisional release of suspects. Furthermore, she has
invited each of the six states parties to present their further observations and
views in public sessions before the Pre-Trial Chamber. At the moment, it does
not appear as though the Judge is requesting other states parties to volunteer
to accept Jean-Pierre Bemba.

The obligation to cooperate under Article 86 means that it is the ICC that will
make the final decision on which state Jean-Pierre Bemba will have the
responsibility to supervise his release, which gives judges the option to order
that he be released to a country even though the government indicates it is
unwilling to accept him. If that state then refuses to cooperate, the ICC can
make a finding of failure to comply under Article 87(7) of the Rome Statute and
refer the issue to the Assembly of States Parties.

Of course, it is hoped that this issue can be resolved within the judicial forum
of the Court avoiding the need to go as far as seeking a political solution
through the Assembly and that each of the six requested states and other states
parties will work with the ICC to ensure that, in the event that Jean-Pierre
Bemba's release is affirmed by the Appeals Chamber, they can cooperate fully
with the ICC.

However, if there are significant delays in implementing the decision, then a
temporary solution will need to be found to conditionally release Jean-Pierre
Bemba so that his right to a fair trial is not violated by his prolonged
pre-trial detention. In such circumstances, The Netherlands as the host state of
the ICC is uniquely placed to cooperate with his release in The Netherlands
until he can be transferred to another state party. However, such a solution
would clearly be undesirable given that the Host State should not have to take
the brunt of the failures of other states parties to cooperate.

In an ideal world, states parties would be queuing up to assist the Court with
the often complex functional issues that it will inevitably face and seek
cooperation to address. Indeed, the success or failure of the Court rests on the
level of cooperation it is able to secure from States Parties. The reality is
that seven years into the work of the ICC, there are clearly gaps in the
legislative framework but also in the willingness of states parties to cooperate
with the ICC so that it can operate effectively. State parties must fulfil their
commitments to cooperate. The Assembly needs to wake up to this potential
cooperation crisis and take action.

Jonathan O'Donohue is a Legal Adviser on International Justice for Amnesty
International."

III. CONTINUED NEWS COVERAGE

i. "ICC explains decision to postpone hearings on Bemba's release," by Francis
Obinor (The Guardian - Nigeria), 7 September 2009,
http://www.ngrguardiannews.com/africa/article02/indexn2_html?pdate=070909&ptitle
=ICC explains decision to postpone hearings on Bemba's release

"International Criminal Court (ICC) has given reasons for the postponement of
hearings on the release of former Congolese leader, Jean-Pierre Bemba Gombo.

The Pre-Trial Chamber II over the weekend said the decision would hold until the
ruling of Appeals Chamber on the appeal against the decision made on August 14
this year, on the interim release.

...Head of public information and documentation section at the court, Sonia
Robla, over the weekend told The Guardian that the pre-trial chamber II had
invited those states, to which Bemba requested to be released, to provide
informative observations on the questions of his interim release onto their
territory and any possible set of conditions restricting liberty to be imposed.

According to her, judge Trendafilova, acting as Single Judge, cited the Appeals
Chamber decision of September 3, granting suspensive effect to the Prosecutor's
appeal against the decision on the interim release of Bemba.

'But being mindful of the possibility that the Appeals Chamber overturns the
decision on the interim release, the Single Judge considered it unfeasible, at
this stage, to proceed with convening the public hearings as initially
scheduled. The Single Judge also took into consideration the need to preserve
the court's resources. ..."

ii. "Congo ministers attacked in Bemba trial 'warning'," by Joe Bavier
(Reuters), 31 August 2009,
http://www.reuters.com/article/featuredCrisis/idUSLV231959

"Gunmen opened fire on the homes of two Congolese ministers in an attack aimed
at scaring them off testifying against ex-rebel Jean-Pierre Bemba in his war
crimes trial, one of the officials targeted said on Monday.

... The assailants fired shots at the residences of Jose Endundo, Democratic
Republic of Congo's environment minister, and Foreign Minister Alexis
Thambwe-Mwamba on Sunday. No one was hurt and their houses were only slightly
damaged. ... Neither minister has been called as a witness against Bemba but
both were senior MLC members....

The MLC, currently the largest opposition group in parliament, said the attacks
were part of a plot to derail Bemba's release rather than efforts to intimidate
the ministers.'This is a crude set-up organised by the enemies of democracy, who
fear a return of the leader of the opposition to the Congolese political scene,'
Thomas Luhaka, the MLC's acting secretary-general, told Reuters...."

iii. "Death threats against A. Thambwe Mwamba and J. Endundo: the ICC does not
affirm that these two ministers are witnesses against JP Bemba" (Menace de mort
visant A. Thambwe Mwamba et J. Endundo: la CPI n'affirme pas que ces deux
ministres sont témoins contre JP Bemba), L'Avenir, 5 September 2009,
http://www.digitalcongo.net/article/60822 (In French)

"... Paul Madidi, Spokersperson [of the ICC field office in Kinshasa, DRC],
rejected the idea that the ICC would have revealed the names of witnesses. "I
cannot confirm here that these individuals are indeed witnesses. The ICC is due
to respect the principle of confidentiality of the identity of the witnesses",
he indicated. He insisted on the fact that the rule of confidentiality is of
strict application, and can suffer from no violation, especially as the
proceedings have not yet reached the stage of the trial...."

[Translation is informal and provided by the CICC Secretariat]

SEE ALSO:

iv. "Release of Jean-Pierre Bemba suspended" (La libération de Jean-Pierre Bemba
suspendu) and related audiofiles of JCCD-OTP Head Béatrice Le Frapper and
Bemba's Lawyer Maître Aimé Kilolo, RFI, 5 September 2009,
http://www.rfi.fr/actufr/articles/117/article_84375.asp (In French)

v. « Bemba's MLC requests an independent investigation into the attacks on
minister's residences » (Le MLC de Bemba exige une enquête sur l'attaque de
résidences de ministres), 3 September 2009, 7 sur 7,
http://www.7sur7.be/7s7/fr/1505/Monde/article/detail/986458/2009/09/02/Le-MLC-de
-Bemba-exige-une-enquete-sur-l-attaque-de-residences-de-ministres.dhtml (In
French)

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

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 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.

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News Browse by Region Media Digests Country Updates UN Excerpts on the ICC Updates of the Assembly Browse by Region		CAR - Latest on Bemba case: Statements by FIDH and ISS; In Situ AI B 17 Sept 2009 Dear all, Please find below information about recent developments related to the International Criminal Court's investigation in the Central African Republic. This message includes a statement from CICC member FIDH and by the Institute for Security Studies with regard to the Pre-Trial Chamber II's recent decision to grant Jean-Pierre Bemba conditional release until his trial (I); a posting from the Coalition's In Situ blog titled "States object to cooperating with the conditional release of Jean-Pierre Bemba Gombo - another sign of a cooperation crisis?", written by Jonathan O'Donohue of Amnesty International (II); as well as continued news coverage (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 ************************ I. LATEST STATEMENTS i. "FIDH is worried about the security of victims and witnesses: Jean-Pierre Bemba kept in detention during wait for appeal", (La FIDH craint pour la sécurité des victimes et des témoins: Jean-Pierre Bemba maintenu en détention dans l'attente de l'appel"), Fédération internationale des ligues des droits de l'Homme (FIDH), Press Release, 3 September 2009, http://www.fidh.org/CPI-Jean-Pierre-Bemba-La-FIDH (in French) "FIDH is very preoccupied by the risk that the interim release of Bemba might represent for all victims and witnesses. ... While FIDH respects the decision taken by the Pre-Trial Chamber which is an example of the Court's impartiality, FIDH is nonetheless concerned by the conclusions made by the Chamber that hold that Bemba would not escape justice and that his release would not infringe on the rights of victims and witnesses. ... FIDH recalls how the situation on the ground in the Central African Republic is very tense and witnesses and victims of the very crimes that Jean-Pierre Bemba stands accused of find themselves in an extremely precarious situation. FIDH is worried about the extreme vulnerability of these actors on the ground. ...FIDH underscores that victims and witnesses in contact with the Court, as well as all many other persons outside of the judicial process, withstand considerable pressure. The security of these persons should be taken into account by the judges..." [Translation is informal and provided by the CICC Secretariat] ii. "Jean-Pierre Bemba's Interim Release Raises Unnecessary Heat," by Godfrey M Musila (ISS Pretoria), 14 September 2009, http://www.issafrica.org/index.php?link_id=5&slink_id=8231&link_type=12&slink_ty pe=12&tmpl_id=3 [excerpts] "... It is necessary to address some of these concerns and place the PTC II's decision within its proper context. First, the AU's decision requesting African States Parties to the ICC not to cooperate with the Court is specifically limited to the case against President Al-Bashir. Linking that decision to any of the two other cases in Darfur, let alone the Bemba case (which relates to crimes allegedly committed in Central African Republic) to explain South Africa's reported refusal to host Bemba, distorts the facts and is patently absurd. Second, conditional release has no bearing on Bemba's guilt. Furthermore, it cannot be suggested that 'release' means that the case against Bemba is weak, or somehow unfounded, as the release decision does not go into the merits of the case. Neither can one argue that by ordering Bemba's release, the Court (judge) has failed in its duties. Bemba's release is a matter of law and procedure. ... No matter the eventual outcome of this matter, the decision by PTC II to release Bemba conditionally underscores at least four things: The Rome Statute protects the rights of those accused or suspected of committing crimes and that the ICC is obliged to ensure that these rights are respected. 1. The independence of the judges and the fact that they decide in terms of the Statute, no matter what position the Office of the Prosecutor, victims or the defence assumes on a particular issue. It is noteworthy that the Prosecutor has appealed the PTC II's decision, and has obtained a decision to suspend the release of Bemba until the Appeals Chamber decision. 2. Although victims and relevant NGOs may take issue with the Court over the release decision, the ruling constitutes a delicate balance between the fundamental rights of defendants and the imperatives of international criminal justice. The rights of victims, which are recognized in the Rome Statute, are subsumed in the latter concept as exemplified in article 58 criteria outlined above. 3. States Parties are crucial to the work of the ICC and will from time to time be called up to assist the Court in various ways, including giving effect to its orders. Without state cooperation, the ICC cannot achieve its mandate." II. LATEST IN SITU BLOG POSTING "States object to cooperating with the conditional release of Jean-Pierre Bemba Gombo - another sign of a cooperation crisis?" by Jonathan O'Donohue (Amnesty International), CICC 'In Situ' blog, 10 September 2009, http://coalitionfortheicc.org/blog/?p=431 "On 14 August 2009, Single Judge Ekaterina Trendafilova of the Pre-Trial Chamber of the International Criminal Court (ICC) decided that Jean-Pierre Bemba - who is charged with crimes against humanity and war crimes in Central African Republic - is to be released subject to conditions pending his trial which is expected to start in 2010. The decision has been appealed by the Office of the Prosecutor. However, if his release is affirmed by the Appeals Chamber, it is uncertain whether the ICC will be able to implement the decision promptly as the six states parties to the Rome Statute of the International Criminal Court (Rome Statute) that have been requested to accept him on their territories while he is released - Belgium, France, Germany, Italy, Portugal and South Africa - have all voiced 'objections and concerns.' The interim release of accused persons pending trial is fully consistent with the fair trial guarantees contained in the Rome Statute and international human rights law, in particular the right to the presumption of innocence. It is vital that, after applying the criteria set out in the Rome Statute and the Rules of Procedure and Evidence, the ICC can release suspects before and during trials to ensure that the institution meets the highest standards of fairness. If the Pre-Trial Chamber's decision to release Jean-Pierre Bemba conditionally is affirmed, then he should be released without delay to a state party that will cooperate fully with the ICC in supervising his release and ensuring that the conditions of release are respected. The apparent reluctance of the six requested states parties to cooperate with the ICC is, therefore, of serious concern. To observers of the ICC, situations where states parties fail to cooperate with the ICC have been inevitable for some time. The fact that less than 40 of the 110 states parties to the Rome Statute have enacted national legislation providing for cooperation with the ICC demonstrates how unprepared many states parties are to fulfil their cooperation obligations. Moreover, many of those laws that have been enacted include flaws that could prevent cooperation in some circumstances. States parties have also failed to enter into important agreements to assist the ICC in relocating victims and witnesses at immediate risk and to enforce sentences of convicted persons in their national prison facilities. Reference must also be made to the declaration issued by the African Union in June not to cooperate with the arrest and surrender of President Omar al-Bashir, which Amnesty International called 'an insult to victims of human rights violations in Darfur.' The Assembly of States Parties, which is the main oversight body of the ICC, has fallen well short of ensuring that states parties are ready and willing to cooperate with all requests of the ICC. Despite adopting a very detailed report in 2007, setting out 66 recommendations for states parties on cooperating with the ICC, inadequate measures have been taken by the Assembly to ensure that the recommendations are implemented. For example, calls by non-governmental organizations for the Assembly to, at a minimum, establish a Working Group on Cooperation to meet during its sessions have so far not been implemented. Unsurprisingly, Judge Trendafilova appears to have taken a strict line on state cooperation with Jean-Pierre Bemba's interim release. In the decision, the Judge affirms that states parties have an obligation under Article 86 of the Rome Statute to cooperate with provisional release of suspects. Furthermore, she has invited each of the six states parties to present their further observations and views in public sessions before the Pre-Trial Chamber. At the moment, it does not appear as though the Judge is requesting other states parties to volunteer to accept Jean-Pierre Bemba. The obligation to cooperate under Article 86 means that it is the ICC that will make the final decision on which state Jean-Pierre Bemba will have the responsibility to supervise his release, which gives judges the option to order that he be released to a country even though the government indicates it is unwilling to accept him. If that state then refuses to cooperate, the ICC can make a finding of failure to comply under Article 87(7) of the Rome Statute and refer the issue to the Assembly of States Parties. Of course, it is hoped that this issue can be resolved within the judicial forum of the Court avoiding the need to go as far as seeking a political solution through the Assembly and that each of the six requested states and other states parties will work with the ICC to ensure that, in the event that Jean-Pierre Bemba's release is affirmed by the Appeals Chamber, they can cooperate fully with the ICC. However, if there are significant delays in implementing the decision, then a temporary solution will need to be found to conditionally release Jean-Pierre Bemba so that his right to a fair trial is not violated by his prolonged pre-trial detention. In such circumstances, The Netherlands as the host state of the ICC is uniquely placed to cooperate with his release in The Netherlands until he can be transferred to another state party. However, such a solution would clearly be undesirable given that the Host State should not have to take the brunt of the failures of other states parties to cooperate. In an ideal world, states parties would be queuing up to assist the Court with the often complex functional issues that it will inevitably face and seek cooperation to address. Indeed, the success or failure of the Court rests on the level of cooperation it is able to secure from States Parties. The reality is that seven years into the work of the ICC, there are clearly gaps in the legislative framework but also in the willingness of states parties to cooperate with the ICC so that it can operate effectively. State parties must fulfil their commitments to cooperate. The Assembly needs to wake up to this potential cooperation crisis and take action. Jonathan O'Donohue is a Legal Adviser on International Justice for Amnesty International." III. CONTINUED NEWS COVERAGE i. "ICC explains decision to postpone hearings on Bemba's release," by Francis Obinor (The Guardian - Nigeria), 7 September 2009, http://www.ngrguardiannews.com/africa/article02/indexn2_html?pdate=070909&ptitle =ICC explains decision to postpone hearings on Bemba's release "International Criminal Court (ICC) has given reasons for the postponement of hearings on the release of former Congolese leader, Jean-Pierre Bemba Gombo. The Pre-Trial Chamber II over the weekend said the decision would hold until the ruling of Appeals Chamber on the appeal against the decision made on August 14 this year, on the interim release. ...Head of public information and documentation section at the court, Sonia Robla, over the weekend told The Guardian that the pre-trial chamber II had invited those states, to which Bemba requested to be released, to provide informative observations on the questions of his interim release onto their territory and any possible set of conditions restricting liberty to be imposed. According to her, judge Trendafilova, acting as Single Judge, cited the Appeals Chamber decision of September 3, granting suspensive effect to the Prosecutor's appeal against the decision on the interim release of Bemba. 'But being mindful of the possibility that the Appeals Chamber overturns the decision on the interim release, the Single Judge considered it unfeasible, at this stage, to proceed with convening the public hearings as initially scheduled. The Single Judge also took into consideration the need to preserve the court's resources. ..." ii. "Congo ministers attacked in Bemba trial 'warning'," by Joe Bavier (Reuters), 31 August 2009, http://www.reuters.com/article/featuredCrisis/idUSLV231959 "Gunmen opened fire on the homes of two Congolese ministers in an attack aimed at scaring them off testifying against ex-rebel Jean-Pierre Bemba in his war crimes trial, one of the officials targeted said on Monday. ... The assailants fired shots at the residences of Jose Endundo, Democratic Republic of Congo's environment minister, and Foreign Minister Alexis Thambwe-Mwamba on Sunday. No one was hurt and their houses were only slightly damaged. ... Neither minister has been called as a witness against Bemba but both were senior MLC members.... The MLC, currently the largest opposition group in parliament, said the attacks were part of a plot to derail Bemba's release rather than efforts to intimidate the ministers.'This is a crude set-up organised by the enemies of democracy, who fear a return of the leader of the opposition to the Congolese political scene,' Thomas Luhaka, the MLC's acting secretary-general, told Reuters...." iii. "Death threats against A. Thambwe Mwamba and J. Endundo: the ICC does not affirm that these two ministers are witnesses against JP Bemba" (Menace de mort visant A. Thambwe Mwamba et J. Endundo: la CPI n'affirme pas que ces deux ministres sont témoins contre JP Bemba), L'Avenir, 5 September 2009, http://www.digitalcongo.net/article/60822 (In French) "... Paul Madidi, Spokersperson [of the ICC field office in Kinshasa, DRC], rejected the idea that the ICC would have revealed the names of witnesses. "I cannot confirm here that these individuals are indeed witnesses. The ICC is due to respect the principle of confidentiality of the identity of the witnesses", he indicated. He insisted on the fact that the rule of confidentiality is of strict application, and can suffer from no violation, especially as the proceedings have not yet reached the stage of the trial...." [Translation is informal and provided by the CICC Secretariat] SEE ALSO: iv. "Release of Jean-Pierre Bemba suspended" (La libération de Jean-Pierre Bemba suspendu) and related audiofiles of JCCD-OTP Head Béatrice Le Frapper and Bemba's Lawyer Maître Aimé Kilolo, RFI, 5 September 2009, http://www.rfi.fr/actufr/articles/117/article_84375.asp (In French) v. « Bemba's MLC requests an independent investigation into the attacks on minister's residences » (Le MLC de Bemba exige une enquête sur l'attaque de résidences de ministres), 3 September 2009, 7 sur 7, http://www.7sur7.be/7s7/fr/1505/Monde/article/detail/986458/2009/09/02/Le-MLC-de -Bemba-exige-une-enquete-sur-l-attaque-de-residences-de-ministres.dhtml (In French) ************************ 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 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.