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[ICC] Latest News on Callixte Mbarushimana case; Members Media Release; Other News and Opinions

04 Nov 2010

Dear all,

Please find below information about recent developments related to the International Criminal Court's investigation in the Democratic Republic of Congo (DRC).

This message includes news coverage on a decision by the Paris Court of Appeals approving the extradition of FDLR Executive Secretary Callixte Mbarushimana pursuant to an ICC arrest warrant, a decision which could still be appealed (I); a press statement by FIDH, ASADHO, Groupe Lotus, and Ligue des électeurs commenting on the absence of proceedings against Jean-Pierre Bemba for alleged crimes in the DRC (II); as well as other news and opinions (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.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. MBARUSHIMANA CASE: FRENCH COURT APPROVES EXTRADITION OF SUSPECT; DECISION CAN STILL BE APPEALED

1. “French court orders DRC rape suspect sent to the Hague‎”, Reuters, 3 November 2010, http://af.reuters.com/article/topNews/idAFJOE6A20QI20101103

“French appeals court ruled on Wednesday a Rwandan rebel group leader accused of mass rapes in the Democratic Republic of Congo should be handed over to the International Criminal Court in the Hague.

Callixte Mbarushimana, described as a senior leader of the FDLR rebel group, was detained in Paris on October 11 after the issue of a warrant for his arrest on allegations the FDLR was involved in hundreds of rapes in the DRC's North Kivu province.

Mbarushimana, charged with 11 counts of crimes against humanity and war crimes, can appeal the French court decision. …”

SEE ALSO:

2. “France orders Rwandan extradited to world court”, By Pierre-Antoine Souchard (Associated Press), 3 November 2010, http://www.washingtonpost.com/wpdyn/content/article/2010/11/03/AR2010110303434.html

3. « Paris va remettre le chef rebelle rwandais Callixte Mbarushimana à la CPI » France24, 3 November 2010, http://www.france24.com/fr/20101103-france-remettre-callixte-mbarushimana-FDLR-cpi-accuse-crime-humanite (French)

4. “France: Extradition Order for Rwandan” by Marlise Simons, New York Times, 3 November 2010, http://www.nytimes.com/2010/11/04/world/europe/04briefs-France.html?partner=rss&emc=rss

5. “French court orders Rwandan rebel leader to face ICC,’ BBC News Africa, 3 November 2010, http://www.bbc.co.uk/news/world-africa-11685737

6. “A Paris Appeals Court has approved the extradition of an accused Rwandan rebel leader to the ICC,” Hague Justice Portal, 3 November 2010, http://www.haguejusticeportal.net/eCache/DEF/12/230.TGFuZz1FTg.html

7. « Les commandants des FDLR visés par les poursuites que compte entamer la CPI pour de nouvelles formes de crimes » (Digital Congo), 3 November 2010, http://www.digitalcongo.net/article/71388 (French)

8. “French courts mull two Rwanda extradition cases”, (AFP), 2 November 2010, http://www.google.com/hostednews/afp/article/ALeqM5hr7uxxBT4mKCmxuQNXMeJF6zaLHA?docId=CNG.d0136302f2243db419ff8cf8b33bab9e.611

9. "On the Track of Justice" (Sur la Trace de la Justice) Series: ICC Chief Prosecutor Luis Moreno Ocampo answers questions from citizens in North Kivus, Interactive Radio for Justice, October 2010, www.irfj.org/2010/11/1-icc-prosecutor-luis-moreno-ocampo-answers-questions-on-the-arrest-of-callixte-mbarushimana/

II. MEMBERS MEDIA STATEMENT

1. “Victims question the ICC about lack of proceedings against Jean-Pierre Bemba for crimes committed in the DRC: Judges dismissed the request considering that the Prosecutor investigation is still open”, Joint Press Statement: FIDH, ASADHO, Groupe Lotus, Ligue des électeurs, 04 November 2010, http://www.fidh.org/Victims-question-the-ICC-about-lack-of

“The International Federation for Human Rights (FIDH) and its member organisations in the Democratic Republic of Congo (DRC), Association africaine des droits de l'Homme (ASADHO), Groupe Lotus and Ligue des électeurs, deplore the decision handed down by Pre-Trial Chamber I of the International Criminal Court (ICC) on 25 October 2010, which dismisses a request from Congolese victims to question the ICC Prosecutor about the decision not to prosecute Jean-Pierre Bemba for crimes he is alleged to have committed in Ituri (DRC).

The plaintiffs participate in ICC proceedings on the situation in the DRC. They are the victims of crimes committed by the troops of Jean-Pierre Bemba’s Movement for the Liberation of the Congo (MLC), in Ituri, in 2002. However, Jean-Pierre Bemba, detained at the ICC since 2008, is being prosecuted solely for crimes committed in the Central African Republic (CAR) during the 2002-2003 conflict. The submission filed by the victims’ legal representative in June 2010 called on the Prosecutor, through the Pre-Trial Chamber, to explain the reasons for his decision not to prosecute Jean-Pierre Bemba for crimes committed on Congolese territory, in particular in Ituri, despite the extent of available information and the fact that Mr. Bemba is in custody at the ICC detention centre. The filling referred inter alia to the numerous speeches and statements made by the Prosecutor announcing the closure of investigations in Ituri1.

“ Our organisations are surprised at the grounds put forward by the Chamber for rejecting the request. The judges consider that in the absence of an explicit decision not to prosecute Jean-Pierre Bemba for crimes committed in Ituri, it can be affirmed that the investigations are still ongoing. The judges have thus disregarded the numerous speeches and statements made by the Office of the Prosecutor to the effect that the investigations were now focusing on the Kivu region of the DRC. Neither have they taken account of the fact that although Jean-Pierre Bemba is shortly to be put on trial, the Prosecutor has made no attempt to bring new charges for the crimes committed in Ituri, athough he used the MLC’s modus operandi to illustrate that used by Bemba’s forces in the CAR”, said FIDH President Souhayr Belhassen.

The Chamber’s ruling fails to take into consideration situations in which the Prosecutor takes no explicit decision not to prosecute. Can it be considered that those investigations are still ongoing even in the face of indications that the Prosecutor does not intend to prosecute? Also taking into account the principle of a reasonable time that should guide all judicial proceedings, the fact that the charges against Jean-Pierre Bemba have not been extended more than two years after his arrest gives reason to believe that the Prosecutor does not intend to prosecute.

Our organisations consider problematic that the Pre-Trial Chamber refuses de facto to scrutinise the decisions and omissions made by the Prosecutor in the pre-trial phase of proceedings. The whole idea of creating such a Chamber when the Rome Statute was adopted was precisely to put in place a system of “checks and balances” with regard to the Prosecutor’s decisions.
Furthermore, while our organisations welcome the fact that the Pre-Trial Chamber did not consider the Prosecutor’s and Defence's argument regarding the victims’ locus standi as an obstacle to examining the substance of the case, they deplore the fact that the judges did not seize this opportunity to clarify the scope of the victims’ rights and the relevant mechanisms for participation in the situation phase.

The trial of Jean-Pierre Bemba for crimes committed in the CAR will open on 22 November 2010. FIDH and its member organisations have on numerous occasions called on the Prosecutor to carry on his investigations in the CAR, in order to identify and prosecute other persons allegedly responsible for war crimes and crimes against humanity committed in the CAR, as the Court has done in all other situations."

III. OTHER NEWS AND OPINIONS

A. KATANGA NGUDJOLO CASE

1. “Katanga Defence Say Witness Testimony Inconsistent,” Institute for War and Peace Reporting, 29 October 2010, http://iwpr.net/report-news/katanga-defence-say-witness-testimony-inconsistent

2. “Prosecuting pillage,” By Thijs Bouwknegt (International Justice Tribune), 2 November 2010,http://www.rnw.nl/international-justice/article/prosecuting-pillage

B. LUBANGA CASE

1. “Scheduled Witnesses In Lubanga Trial To Complete Testimony This Month”, by Wairagala Wakabi (Lubanga Trial website), 2 November 2010.
http://www.lubangatrial.org/2010/11/02/scheduled-witnesses-in-lubanga-trial-to-complete-testimony-this-month/

2. “Lubanga Defence Continue to Focus on Intermediaries,” Institute for War and Peace Reporting, 1 November 2010, http://iwpr.net/report-news/defence-continue-focus-intermediaries


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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.

Communications to the ICC can be sent to:
ICC P.O. box 19519 2500 CM the Hague
The Netherlands