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TC I orders the release of Thomas Lubanga Dyilo: ICC Press Release and Related Coverage

15 July 2010

<!--[endif]-->Dear All,

Please find below the latest press release issued by the International Criminal Court (ICC) related to the case The Prosecutor v. Thomas Lubanga Dyilo (I) and media coverage (II).

Please also 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
www.coalitionfortheicc.org

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I. LUBANGA TRIAL- ICC PRESS RELEASE

[This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.]

"Trial Chamber I orders the release of Thomas Lubanga Dyilo - implementation of the decision is pending," ICC-CPI- 20100715-PR559, 15 July 2010
http://www.icc-cpi.int/menus/icc/situations and cases/situations/situation icc 0104/related cases/icc 0104 0106/press releases/trial chamber i ordered the release of thomas lubanga dyilo _ implementation of the decision is pend?lan=en-GB

"Following its decision, dated 8 July, 2010, imposing an unconditional stay on the proceedings of the case The Prosecutor v. Thomas Lubanga Dyilo, Trial Chamber I of the International Criminal Court (ICC) today ordered the release of the accused. According to the judges, an accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected.

However this order will not be implemented with immediate effect. "This order shall not be enforced until the five day time limit for an appeal has expired", stated presiding Judge Adrian Fulford in a hearing today.  "If an appeal is filed within the five day time limit against this order granting release, and if a request is made to suspend its effect, the accused shall not leave detention until the Appeals Chamber has resolved whether this order granting release is to be suspended", Judge Fulford continued. The Chamber also noted that an order releasing the accused shall only be put into effect after arrangements have been made for his transfer to a State that is obliged to receive him.

In its oral decision, Trial Chamber I also granted the Prosecutor's 15 July application for leave to appeal the decision to stay the proceedings. Furthermore, the Chamber decided to adjourn any action under article 71 of the Statute, dealing with misconduct before the Court, until the Appeals Chamber's judgment on this appeal. 'The Prosecutor has failed to implement two of the Chamber's orders; those of 7 July, 2010.  For the reasons set out in the decision imposing the stay, this constituted a deliberate and in our judgment, wholly unjustified refusal to comply with the directions of the Court', explained Judge Fulford. However, 'It is fair that the issue of sanctions should await the outcome of the appeal' he concluded.

On 8 July, Trial Chamber I had stayed the proceedings considering that the fair trial of the accused was no longer possible due to non-implementation of the Chamber's orders by the prosecution. The judges had ordered the Office of the Prosecutor to confidentially disclose to the Defence the names and other necessary identifying information of intermediary 143.

Thomas Lubanga Dyilo is accused of having committed, as co-perpetrator, war crimes of enlisting and conscripting of children under the age of 15 years into the Forces patriotiques pour la libération du Congo (Patriotic Forces for the Liberation of Congo), (FPLC), and using them to participate actively in hostilities in Ituri, a district of the eastern province of the Democratic Republic of the Congo (DRC), between September 2002 and August 2003.

The situation was referred to the Court by the Government of the Democratic Republic of the Congo (DRC) in April 2004. The Prosecutor v. Thomas Lubanga Dyilo is one of the cases that arose from the situation in the Democratic Republic of the Congo; others are The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and The Prosecutor v. Bosco Ntaganda. Bosco Ntaganda remains at large. Investigations are ongoing in the DRC.

II. MEDIA COVERAGE

i. "Court orders release of Congolese militia chief," CNN, 15 July, 2010
http://edition.cnn.com/2010/WORLD/africa/07/15/icc.militia.leader.release/?fbid=RVY8mTfHfi8

"Judges at the International Criminal Court have ordered the release of a Congolese militia chief who used child soldiers in the Democratic Republic of the Congo's civil war.

Sonia Robla, a court spokeswoman, said the decision was rendered Thursday after the prosecution refused to identify the identities of two witnesses during proceedings last week in the case of Thomas Lubanga Dyilo.

Lubanga has been accused of conscripting children under the age of 15 into the Patriotic Forces for the Liberation of Congo and 'using them to participate actively in hostilities in Ituri, a district of the eastern province of the Democratic Republic of the Congo.' The activity is for the period between September 2002 and August 2003...."

ii. "Court orders release of former Congo warlord Lubanga," Reuters, 15 July 2010, http://af.reuters.com/article/ugandaNews/idAFLDE66E1ZH20100715

"Disclosure of material by the prosecution has been an issue in the Lubanga case for years, with disputes over evidence holding up the trial's start.

The court said on Thursday the release order will not be implemented immediately as an appeal can be filed within a five-day limit.

Lubanga is accused of enlisting and conscripting children under 15 to his Union of Congolese Patroits to kill members of a rival tribe in a 1998-2003 war in the Democratic Republic of Congo. He has pleaded not guilty and described himself as a politician, not a warlord...."

iii. "Court orders Congolese war crimes suspect freed," AP, 15 July 2010
http://www.google.com/hostednews/ap/article/ALeqM5hEHBZ-JfCxUm5NY_dGnY0ctHn1vgD9GVJMI02

"Judges at the International Criminal Court ordered a suspected Congolese war lord freed Thursday after prosecutors refused to give information to the defense about the identity of a person connected with the case.

However, prosecutors said they will appeal Thursday's decision, and Thomas Lubanga will not be released until the appeal is dealt with, a process that could take months.

Lubanga, 49, has pleaded not guilty to charges of using child soldiers in a brutal conflict in the eastern Congo region of Ituri in 2002-2003.
Thursday's ruling was the latest setback in what rights activists call a landmark cases - the first trial to deal exclusively with child soldier allegations.

The trial was halted July 8 over the prosecution's refusal to identify a person known in court papers only as 'intermediary 143'.

The case has been beset with problems and almost from its start in January 2009, as prosecutors and judges clashed over the admissibility of evidence gathered in confidence from U.N. personnel and nongovernment volunteers in the battlefield, who believed disclosure of their identities, could jeopardize their lives or work..."

iv. "Congolese ex-militia chief can go free unless appeal: ICC," AFP, 15 July 2010, http://www.google.com/hostednews/afp/article/ALeqM5gOFzZh8itmRssOMe0D6FUWZUDX6w

"The International Criminal Court ruled Thursday that Congolese militia chief Thomas Lubanga should be freed after his war crimes trial was suspended, unless prosecutors mount an appeal.

Presiding judge Adrian Fulford said Lubanga should be 'freed without conditions' as his detention "is no longer fair" given the suspension of the trial last week.

But the court also said Lubanga must remain behind bars for another five days to give the prosecution time to file an appeal against the decision.
If such an appeal bid is accepted, Lubanga will have to stay in prison until that process is finalised.

Lubanga, 49, has been standing trial since January 2009 accused of using children under the age of 15 to fight for his militia during the 1997-2002 civil war in the Democratic Republic of Congo.

Last week, the ICC ruled to suspend his trial after rapping chief prosecutor Luis Moreno-Ocampo for abusing court processes and ignoring judges' orders...."

v. "First ICC accused - DR Congo's Lubanga - 'to be freed'," BBC News, 15 July 2010
http://www.bbc.co.uk/news/world-africa-10650399

"Judges at the International Criminal Court in The Hague have ordered the accused in its first case - Thomas Lubanga from Democratic Republic of Congo - to be freed.

However, he will not be released for at least five days, while the prosecution considers whether to appeal.

The trial was suspended last week after judges cited procedural irregularities.

Mr Lubanga has pleaded not guilty to charges of recruiting child soldiers.

The office of the prosecutor - Luis Moreno-Ocampo - was found to have not identified a key witness.

Judge Adrian Fulford said Mr Lubanga should be 'freed without condition', saying his detention was "no longer fair" after the trial was suspended.

In their ruling, the judges said: 'An accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected.'

However, the prosecution has five days to seek an appeal and, if the challenge is accepted, Mr Lubanga will remain in detention until that appeal is heard, the ICC said in a statement...."

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