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Bemba Released Provisionally but Still to Face ICC Trial

14 Aug 2009

Dear all,

Please find below the latest media advisory issued by the Coalition for the
International Criminal Court (CICC) following ICC Pre-Trial Chamber II’s
decision granting interim release to Jean-Pierre Bemba Gombo awaiting his trial.

This media advisory and other related documents are available on the CICC
website at http://www.coalitionfortheicc.org/

This message also includes ICC documents, including the latest press release
issued by the ICC Office of the Prosecutor announcing that it will appeal the
decision and a video summary of the decision (II) as well as related news
articles (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.

Regards,
CICC Secretariat

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

I. CICC MEDIA ADVISORY

“BEMBA Granted INTERIM RELEASE BUT STILL FACES ICC TRIAL
Former DRC Vice-President Faces Charges of War Crimes and Crimes Against
Humanity Allegedly Committed in the Central African Republic”,
Media advisory, Coalition for the ICC, 14 August 2009,
http://www.coalitionfortheicc.org/documents/CICCAdvisory_BembaProvisionalReleaseDecision_Aug
09__FINAL.pdf

“WHAT: Today, 14 August 2009, Pre-Trial Chamber II of the International Criminal
Court (ICC) decided to grant interim release to Jean-Pierre Bemba Gombo who is
awaiting his trial scheduled to start in 2010. The Chamber still has to
determine to where and under what conditions Bemba will be provisionally
released. Several public hearings are scheduled between 7 and 14 September 2009
to hear the views of states that may host him, the prosecutor, victims and the
suspect.

Bemba will not be released until a state agrees to host him. States named by the
suspect and currently under consideration are Belgium, Portugal, France,
Germany, South Africa, The Netherlands and Italy. Once Bemba’s trial is set to
open in The Hague, authorities of the state hosting Bemba have the obligation to
surrender him to the Court to stand trial.

The ICC Prosecutor Luis Moreno-Ocampo has announced that he will appeal the
decision.

WHY: The Rome Statute provides that a suspect can apply for interim release
while awaiting trial (Article 60.2 RS). The Chamber decided that the continued
detention of Bemba at this stage does not appear necessary (1) to ensure his
appearance at trial; or (2) to ensure that he does not obstruct or endanger the
investigation of the Court proceedings; or (3) to prevent Bemba from continuing
with the commission of alleged crimes under the jurisdiction of the Court. The
Chamber said “the decision on continued detention or release is not of a
discretionary nature, and [...] the underlying principle [is] that deprivation
of liberty is the exception and not the rule.”

WHO: Jean-Pierre Bemba Gombo is charged with three counts of war crimes (rape,
murder and pillaging) and two counts of crimes against humanity (rape and
murder) allegedly committed in the Central African Republic (CAR). He is the
first suspect and the first detainee of the Court's investigation in the CAR.
Jean-Pierre Bemba, a national of the Democratic Republic of Congo (DRC), was the
President and Commander in chief of the “Mouvement de LibÈration du Congo”. He
is a former vice-president of the DRC and a senator in the DRC Parliament.

COMMENT AND BACKGROUND:

“This decision comes as a shock for the victims as their torturer is to be set
free,” says Bruno Gbiegba, Board Member of the CAR National Coalition for the
ICC. “It is, however, crucial to keep in mind that this decision is not a
verdict on Bemba’s guilt or innocence as he still has to face trial for very
serious crimes,” he added.

“The International Criminal Court relies on the cooperation of states for every
step it takes,” said Tanya Karanasios, Program Director at the Coalition for the
ICC (CICC) - a global network of more than 2,500 non-governmental and civil
society organizations. “This decision not only demonstrates the independence of
ICC judges and the Court’s commitment to fair trial principles, it tests the
willingness of states to implement any and all Court decisions. This includes
hosting Bemba now and, in the event that he is found guilty following his trial,
detaining him.”

The arrest warrant for Jean-Pierre Bemba Gombo was issued by the ICC on 23 May
2008 and made public on 24 May 2008. Bemba was arrested by Belgian authorities
on 24 May and transferred to The Hague on 3 July 2008. Following a hearing held
from 12 to 15 January 2009, ICC Judges decided on 15 June 2009 to send Bemba to
trial for allegedly commanding crimes against humanity and war crimes in the CAR
from 25 October 2002 to 15 March 2003.

Bemba requested interim release three times since his transfer but the Chamber
rejected all his applications. According to the law, a hearing must be held at
least once every year to consider detention. In Bemba’s case, the one year
period expired on 3 July 2009. A public hearing was held on 29 June 2009 to
discuss the matter. After the hearing, the Chamber requested potential host
states named by the suspect to submit their observations.

The ICC's investigation in the CAR was opened by Prosecutor Luis Moreno-Ocampo
on 22 May 2007, following a referral by the CAR government on 7 January 2005.

The trial against Jean-Pierre Bemba Gombo will be the Court's third trial. The
Court's first war crimes trial against Congolese warlord Thomas Lubanga Dyilo
started in January 2009. A second trial will start on 24 September 2009 against
Congolese rebel leaders Germain Katanga and Mathieu Ngudjolo Chui for alleged
war crimes and crimes against humanity.

The ICC is the first permanent international court capable of trying individuals
accused of war crimes, crimes against humanity and genocide. To date, it has
publicly issued twelve arrest warrants and one summons to appear for
investigations in four situations: the Central African Republic; Darfur, Sudan;
Uganda; and the Democratic Republic of Congo. Four suspects are in custody. The
ICC Office of the Prosecutor has allegedly analyzed or is analyzing at least
nine other situations on four continents. ...”

II. ICC DOCUMENTS

NB: These documents have been produced by the ICC. The CICC Secretariat
distributes them as part of its mandate to keep member organizations and
individuals informed about developments related to the ICC. The documents do not
reflect the views of the CICC as a whole or its individual members.

i. “ICC Prosecutor: No Temporary Release for Jean-Pierre Bemba”, ICC-OTP Press
Release, 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 prison. 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. Audio and video links to the 'News from the Court' programme related to the
decision of Pre -Trial Chamber II decision on conditional release of Jean-Pierre
Bemba Gombo (in French), International Criminal Court, 14 August 2009:

Youtube link: http://www.youtube.com/watch?v=HKmfCfDsxdo
Audio and Video: www.drop.io/BembaProvisionalReleaseDecision

iii. “Pre-Trial Chamber II renders a decision on conditional release of
Jean-Pierre Bemba Gombo,” ICC Press Release ICC-CPI-20090814-PR443, 14 August
2009,
http://www.icc-cpi.int/Menus/Go?id=02c021f4-9eef-4ec8-a964-d542c2858a7c&lan=en-G
B

“Today, 14 August 2009, Pre-Trial Chamber II of the International Criminal Court
decided to grant the request of Jean-Pierre Bemba Gombo for interim release,
albeit under conditions. The implementation of this decision is deferred pending
a determination in which State Jean-Pierre Bemba Gombo will be released and
which set of conditions shall be imposed.

In conformity with article 60(3) of the Rome Statute and rule 118(3) of the
Rules of Procedure and Evidence, Pre-Trial Chamber II reviewed anew its previous
ruling on the continued detention of Jean-Pierre Bemba Gombo dated 14 April
2009. Prior to today’s decision, Pre-Trial Chamber II held a hearing on 29 June
2009 with respect to any issue related to the pre-trial detention of Jean-Pierre
Bemba Gombo.

Pre-Trial Chamber II found that changed circumstances since 14 April 2009
warranted the modification of its previous ruling on detention, as the
requirements for continued detention pursuant to article 58(1)(a) and (b) of the
Rome Statute were no longer met. In assessing all relevant factors of the case
taken together and having balanced those factors, Pre-Trial Chamber II held that
the continued detention of Jean-Pierre Bemba Gombo did not appear necessary (i)
to ensure the appearance of Jean-Pierre Bemba Gombo at trial, (ii) to ensure
that he does not obstruct or endanger the investigation or the court proceedings
and (iii) to prevent Jean-Pierre Bemba Gombo from continuing with the commission
of the same or related crimes which arise out of the same circumstances in the
present case.

Pre-Trial Chamber II invited those States, to which Jean-Pierre Bemba Gombo
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. The hearings are envisaged to take place
between 7 and 14 September 2009.”

III. RELATED NEWS

i. “World court gives Bemba conditional release before trial," AFP, 14 August
2009,
http://www.google.com/hostednews/afp/article/ALeqM5hGrD2MF6GZ9QfjyEaCEwugZY3AWQ

ii. “Court gives bail to Congo's Bemba,” BBC News, 14 August 2009,
http://news.bbc.co.uk/2/hi/uk_news/8201263.stm

iii. “ICC orders conditional release of Congo's Bemba," Reuters, 14 August 2009,
http://af.reuters.com/article/topNews/idAFJOE57D09320090814

iv. “Bemba Gets Bail,” Newstime Africa, 14 August 2009,
http://www.newstimeafrica.com/archives/1701


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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
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.