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Informal Daily Summary from the ASP: Monday, 23 November 2009
23 Nov 2009
I. ASP DAY 5: INFORMAL DAILY SUMMARY

a. PLENARY

>From 10 to 11 a.m., informal consultations on the draft resolution for
>the creation of an oversight mechanism were chaired by Mr. Akbar Khan,
>Director of the Legal and Constitutional Affairs Division of the
>Commonwealth and Facilitator on the issue. For more information on the
>creation of an oversight mechanism, please read the related CICC Team
>position paper at:
>http://www.coalitionfortheicc.org/documents/CICC_Oversight_Team_Paper_ASP_8.pdf  as
>well as the Bureau report on the matter at:
>http://www.icc-cpi.int/iccdocs/asp_docs/ASP8/ICC-ASP-8-2-ENG.pdf

At 11 a.m., the first general informal discussion was held on the issue of family visits to indigent detainees, in which a number of delegations made comments and expressed general concerns in relation to the draft resolution on the matter as contained in the Bureau’s report (See: http://www.icc-cpi.int/iccdocs/asp_docs/ASP8/ICC-ASP-8-9-ENG.pdf  ).

>From 12 a.m. to 1 p.m., Emmanuel Bichet of Switzerland chaired a second informal consultation on the Omnibus Resolution “Strengthening the International Criminal Court and the Assembly of States Parties”. Issues raised included the potential review of OTP policy guidelines and the establishment of an AU-ICC liaison office in Addis Ababa.

The afternoon session was dedicated to the Working Group on the Review Conference, which discussed in particular the Trinidad and Tobago and Belize proposal to add drug crimes to the jurisdiction of the Court. Further, the delegation of Norway presented their amendment proposal of Article 103 of the Rome Statute in relation to enforcement of sentences to broaden its scope so that States can conclude international or regional arrangements enabling them to qualify for acceptance of sentenced persons. Finally, the South African delegation presented on behalf of the African Union a proposal for amendment of Article 16 to allow the General Assembly of the United Nations to defer situations and cases before the Court when UN Security Council fails to do so.

b. SIDE EVENTS

In the morning, NGOs had the opportunity to exchange views with ICC Prosecutor Luis Moreno-Ocampo.

>From 1 to 3 p.m., a meeting of States delegates and NGOs on the Plan of Action for achieving universality and full implementation of the Rome Statute was facilitated by Ms. Eva Surkova, of Slovakia, Facilitator to the Plan of Action. In addition to discussing universal ratification and implementation, CICC members detailed their work and the tools developed in assisting countries to adopt implementing legislation, including databases.

>From 1 to 3pm, the meeting “Victim’s Participation : Experiences from the Field”, co-organized by the CICC and the Victim’s Rights Working Group, gathered Court Officials, NGOs and field representatives. It was chaired by South Africa and tackled three sets of issues: bridging the distance between the ICC and the field, effective legal representation and preparing for reparations.

In the evening, the Coalition for the ICC held its annual reception in honour of the President and Officers of the Assembly of States Parties to the Rome Statute of the ICC.

II. KATANGA/ NGUDJOLO TRIAL OPENING

a. CICC AND ICC BRIEFINGS

At 11 a.m., the CICC held a press briefing on ICC’s second trial in the Katanga/Ngudjolo case, which will open tomorrow 24 November 2009 in The Hague. Panel participants included: CICC Convenor William Pace, who presented an overview of issues at stake; Robert Falay Yuma, Legal counsel at the League for Peace and Human Rights (LIPADHO) who discussed victims’ participation and common legal representation for the trial; Georges Kapiamba, Vice-President of the Association for the Defense of Human Rights (ASADHO), who shared the expectations in DRC; and Brigid Inder, Executive Director of the Women’s Initiatives for Gender Justice, who addressed gender crimes in the context of the trial and in the DRC.

The briefing was followed by a press briefing by International Criminal Court officials, including ICC Registrar Silvana Arbia; ICC Prosecutor Luis Moreno- Ocampo; Legal representatives of the Victims Fidel Nsita Luvengika and Jean-Louis Gilissen; as well as Defence Counsels Jean-Pierre Kilenda Kakengi Basila and Andreas O'Shea.

More information on the trial can be found at: http://www.icc-cpi.int/NR/exeres/56695371-4717-45CD-A8CA-878821AC72BC.htm and http://www.coalitionfortheicc.org/?mod=drctimelinekatanga

Also note that informal audiovisual summaries have been posted by the ICC at the following links:
Audio: http://drop.io/KatangaChuiTrial/asset/091123-press-conference-mp3
Video: http://drop.io/KatangaChuiTrial/asset/091123-press-conference-mp4

b. RELATED RELEASES AND MEDIA COVERAGE

i. "Press conference on the opening tomorrow of the second trial before the International Criminal Court," ICC Press release, ICC-CPI-20091123-PR478, 23 November 2009, http://www.icc-cpi.int/NR/exeres/EF30888A-7753-4FD8-AE06-A12D8D7D6BFE.htm

"...  During a press conference held today, 23 November, 2009, at the ICC headquarters in the presence of the different parties and the legal representatives of the victims, Silvana Arbia, the Court’s Registrar, affirmed that, 'the Court is to become a model of fairness of procedures, of respect for the rights of the Defence, and for victims’ participation’. The Registrar also gave assurances that the Registry co-operates with all parties and victim participants, in order to allow each of them to fully play their role, thus ensuring the fairness of the trial, conducted under the authority of impartial judges....

During the press conference, Andreas O’Shea, co-counsel for the Defence for Germain Katanga, declared confidence in the impartiality of the ICC judges and hope for a fair trial. Jean-Pierre Kilenda Kakengi Basila, lead counsel for the Defence for Mathieu Ngudjolo Chui, expressed the respect held by his client towards all the victims, among which he considers himself. He also expressed his hope that 'the ICC will clarify responsibility in this case without hate, fear, complexes or barriers'.

The judges have recognised 345 persons, including 10 child-soldiers, as victims for the purpose of participating in the present case. Their two legal representatives, Fidel Nsita Luvengika and Jean-Louis Gilissen, participated in the press conference held today. Mr Luvengika explained that 'persons who have not demanded to participate can still be constituted as victims at the reparations stage'. He highlighted that 'by establishing the truth, the victims hope to have the support to finally mourn'. 'The victims are waiting for explanations. What they also expect is to have a future', declared Mr Gilissen, legal representative of the group of child-soldiers. ..."

ii. "ICC to open its first trial for civilians killings in the DRC tomorrow"  (La CPI abrirá mañana su primer juicio por asesinato de civiles en R.D.Congo"), EFE, 23 November 2009, http://www.elconfidencial.com/ultima-hora/abrira-manana-primer-juicio-asesinato-civiles-20091123.html (Informal Translation)

"... According to the Coalition of nongovernmental organizations for the ICC (CICC), 345 victims of the conflict in the RDC will participate in the trial of Katanga and Chui. The active participation of victims and their legal representatives in the trials are one of the most distinguishing characteristics of the ICC, regulated by the Rome Statute. The spokesman of the human right organization Lipadho, Robert Falay commented today at a press conference that tomorrow's trial 'it is a victory of Justice against barbarism' and he recalled that in Bogoro 'there are mass graves that have still not been opened'..."

iii. "Victims’ Participation Highlight of ICC trial" ("Deelname slachtoffers hoogtepunt ICC-proces"), ANP,  20 November 2009, http://www.limburger.nl/article/20091120/ANPNIEUWS02/911200444/1026 (Informal Translation)

"It is a major highlight of the international jurisdiction that no less than 345 victims will participate as civil parties in the second trial of the International Criminal Court (ICC), which starts on Tuesday. This is what the CICC, a coalition of human rights organizations such as Amnesty International and Human Rights Watch, declared on Friday.

... ‘Only’ 93 victims participated in ICC’s first trial against Congolese Thomas Lubanga, which started in January. The ICC is the first international court where victims have been represented as parties in the courtroom, beside the defence and prosecution. At the UN-tribunals for ex-Yugoslavia and Rwanda, victims have only had the role of witnesses. According to critics the lawsuits which are already complex enough, would be further complicated if a third party participates."

iii. "First ICC murder trial victory over barbarism" ("Eerste ICC-moordzaak zege over barbarij"), De Telegraaf, 23 November 2009, http://www.telegraaf.nl/buitenland/5396934/___Zege_over_barbarij___.html?p=3,1 (Informal Translation)

"The first murder trial of the International Criminal Court (ICC), that will begin Tuesday in The Hague, is a 'victory of justice over barbarism'. This is what Robert Falay of the human rights organization Lipadho said, who takes care of victims of war crimes in the east of the Democratic Republic of Congo.

...Falay says that the start of their trial will be followed by the villagers in Bogoro on a big video screen. It will be a special day for the victims, because until now they felt neglected. 'There are mass graves near Bogoro which are not exhumed to this very day,'according to Falay.

Falay spoke on Monday at a press conference of the CICC, a coalition of human rights organizations like Amnesty International and Human Rights Watch, which is devoted to an independent and effective ICC.

The Bogoro-trial is also about rape. Brigid Inder of Women's Initiatives for Gender Justice points out to the fact that there is no other community in the world that is so steeped in sexual violence as the Congolese community.

A record number of 345 victims take part in the process against Katanga and Ngudjolo as a civil party. They hope for justice and for compensation. The lawyer from Liège Jean-Louis Gilissen represents ten of them, who are former child soldiers. The Belgian regrets that 'international courts become technical quickly and are difficult to follow', especially for the victims. After a final preparatory hearing he thought: 'What would have I understood of it if I was not a lawyer?'

Defence lawyers Andreas O'Shea and Jean-Pierre Kilenda, expressed on behalf of the suspects respect for the grief of the victims. 'We are all in pursuit of the truth', according to O’Shea in front of the press. ..."

iv. "Rights group urges Kinshasa to arrest 'war criminal'", AFP, 23 November 2009, http://www.google.com/hostednews/afp/article/ALeqM5g3haeYzQ31lXT3sBdykXtLGs-S-g

"Human Rights Watch (HRW) on Monday urged the government of the Democratic Republic of Congo to arrest former rebel leader Bosco Ntaganda, so that he can face trial for alleged war crimes.
The plea came the day before two Congolese militia leaders appear before the International Criminal Court in The Hague, charged with crimes against humanity and war crimes for a massacre of more than 200 civilians in 2003.

Their trial ‘draws attention to the case of Ntaganda, the remaining Congolese suspect sought by the ICC,’ which issued an arrest warrant for him in 2006, the New York-based non-governmental organisation said in a statement....

Allowing alleged war criminals such as Bosco Ntaganda to lead troops only gives a green light to him and others to continue their attacks on civilians," said Param-Preet Singh, a counsel with HRW's international justice programme.

‘The Congolese government should arrest Ntaganda, as it did the other Ituri warlords,’ Singh added...."

v. "ICC trial of Congolese militiamen to reveal 'the truth'," AFP, 23 November 2009, http://www.google.com/hostednews/afp/article/ALeqM5h6eKByzIPqsmZxzppdwm2lJl7p7Q

"Lawyers for two Congolese militiamen accused of seeking to wipe out a village blocking a strategic route in an ethnic war, on Monday welcomed start of their trial in The Hague this week as a step towards 'the truth'.

... 'We are all seeking the same thing, we are all seeking the truth,' Katanga's lawyer, Andreas O'Shea, told journalists on Monday, adding that his client 'shares and sympathises with the grief of the victims of the war in the DRC.'

...According to fellow defence lawyer Jean-Pierre Kilenda, co-accused Ngudjolo 'is at last happy to ... provide the international community with the explanations it has been wanting.' Ngudjolo, he added, was 'also a victim' and had had no part in the alleged crimes. 'We are hoping that all the evidence ... will be able to ascertain the truth.'..."

vi. "Start of ICC trial for two Congolese militiamen," by Marie-Laure Michel (AFP), 22 November 2009, http://www.google.com/hostednews/afp/article/ALeqM5gvMg_7P_ZXPxs1Y-JbTcqHe75k3w

"... 'The attack was indiscriminate and systematic,' said Jean-Louis Gilissen, legal representative to a group of former child soldiers alleged to have taken part in the attack, and given victim status by the court.

He told AFP that fighters entered the town, controlled by rival Thomas Lubanga's Union of Congolese Patriots (UPC), armed with rifles and machetes -- moving from the perimeter to the centre which housed a UPC military camp.

Homes along the way were pillaged and razed, said Gilissen.

...'They (the fighters) encircled, they advanced, there was no mercy,' said Gilissen. 'Those civilians they encountered were executed; if they were women they were raped before they were killed.'

... 'The attack on Bogoro was the most vicious against civilians committed by the armed groups of Katanga and Ngudjolo,' said Pascal Tur[l]an, a lawyer in the office of the ICC prosecutor. 'It was the result of a concerted plan.'

... Fidel Luvengika Nsita represents 337 victims of the Bogoro attack who lost homes, family members, cattle and fields. 'They expect that the trial will reveal the truth and are hoping for reparations,' he said. ..."

vii. "International Court to start second trial," ASSOCIATED PRESS, 23 November 2009,  http://www.torontosun.com/news/world/2009/11/23/11883956.html

"The International Criminal Court is starting its second trial Tuesday, focusing on a massacre that left 200 people dead and laid waste to their village in eastern Congo in 2003.
... Prosecutors say they led two mobs of child soldiers and older militiamen who destroyed the village of Bogoro in Congo’s Ituri province on Feb. 24, 2003. They say many victims were hacked to death with machetes.

Fidel Nsita Luvengika, who will represent hundreds of victims at the trial, said Monday establishing the truth will 'allow them to start mourning.'..."

SEE ALSO:

viii. "International Criminal Court trial of two former Congolese leaders opens tomorrow," UN new Center, 23 November 2009, http://www.un.org/apps/news/story.asp?NewsID=33038&Cr=democratic&Cr1=congo

ix. "International court's first murder trial focuses on Congo," DPA,  23 November 2009,  http://www.monstersandcritics.com/news/africa/news/article_1514902.php/PREVIEW-International-court-s-first-murder-trial-focuses-on-Congo

x. "Congolese warlords to stand trial at world court," By Aaron Gray-Block and Suzan Yucel (Reuters), 23 November 2009, http://www.canada.com/news/world/Congolese+warlords+stand+trial+world+court/2256503/story.html