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DRC:Updates on the Lubanga trial, Katanga/Ngudjolo trial and Bosco Ntaganda case

12 Oct 2010

Dear All,

Please find below latest information related to the situation in
Democratic Republic of Congo (DRC).

This message includes the latest developments on the Lubanga trial (I),
updates on the Katanga and Ngudjolo trial (II) and Bosco Ntaganda case
(III), as well as related news articles (V).

Note that all translations are informal translations provided by the
CICC Secretariat.

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

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

I. LUBANGA TRIAL

A. ICC PRESS RELEASES

i. "The Appeals Chamber reversed the decisions to stay proceedings
and to release Thomas Lubanga Dyilo," ICC, ICC-CPI-20100810-PR579, 8
October 2010,
http://www.icc-cpi.int/menus/icc/press and media/press releases/pr
579

On Friday, 8 October, 2010, the Appeals Chamber of the International
Criminal Court (ICC) reversed Trial Chamber I's decisions to stay
proceedings in the case The Prosecutor v. Thomas Lubanga Dyilo, and to
release the accused. In accordance with this decision, Mr Lubanga Dyilo
will remain in the custody of the Court during the trial proceedings,
which can now be resumed.

Trial Chamber I of the ICC had, on 8 July, 2010, ordered to stay the
proceedings in the case against Thomas Lubanga Dyilo, considering that
the fair trial of the accused was no longer possible because the
Prosecution had failed to implement the Chamber's orders. Trial
Chamber I had ordered the Office of the Prosecutor to confidentially
disclose to the Defence the names and other necessary identifying
information, of intermediary 143. The Prosecution, however, did not
comply with these orders. Following the decision to stay the
proceedings, Trial Chamber I ordered, on 15 July, the release of the
accused. The ICC Prosecutor submitted two appeals against these
decisions.

Judge Song, presiding judge in these appeals, delivered a summary of the
judgments in open court, and explained that the Appeals Chamber rejects
two arguments of the Prosecutor, namely that the Trial Chamber erred
when it found that the Prosecutor refused to comply with the
Chamber's orders and that the Trial Chamber misconstrued the
Prosecutor's position with respect to his duties of protecting
victims, witnesses and others.

In his oral summary of the judgments, Judge Song stressed that it is
undisputed that the Prosecutor did not comply with the orders to
disclose the identity of intermediary 143 while `orders of the
Chambers are binding and should be treated as such by all parties and
participants unless and until they are suspended by the Appeals
Chamber'. The presiding judge also highlighted that `under the
Statute, the Trial Chamber, subject only to the powers of the Appeals
Chamber, is the ultimate guardian of a fair and expeditious trial'.

The Appeals Chamber considers, however, that the Trial Chamber erred by
resorting immediately to a stay of proceedings without first imposing
sanctions to bring about the Prosecutor's compliance with its
orders. `Sanctions are a key tool for Chambers to maintain control
of proceedings within the trial framework and to safeguard a fair trial
without having to have recourse to the drastic remedy of staying
proceedings', stated Judge Song in the summary of the judgments.

Finally, the Appeals Chamber also finds that the decision to release Mr
Lubanga Dyilo was predicated entirely on the decision to stay
proceedings, which is reversed, thus the decision to release the accused
must also be reversed.

Thomas Lubanga Dyilo is accused of having committed, as co-perpetrator,
war crimes of enlisting and conscripting 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.

B. OTP WEEKLY BRIEFING

i. "OTP Weekly Briefing," 28 September � 4 October 2010, Issue #57
http://www.icc-cpi.int/NR/rdonlyres/2EDDFE5A-895C-4227-B18C-65BF6C645C51
/282516/WBENG.pdf

I.1. Situation in the Democratic Republic of the Congo (DRC)
This situation was referred by the DRC in April 2004. The OTP opened its
investigation in June 2004, focusing on Ituri where the most serious
crimes had been committed by the main armed groups. Four arrest warrants
have been issued against Thomas Lubanga Dyilo and Bosco Ntaganda,
leaders of the UPC, and Germain Katanga and Mathieu Ngudjolo Chui,
leaders of FNI and FRPI. The trial of Thomas Lubanga Dyilo began on 26
January 2009. The trial of Katanga and Ngudjolo Chui began on 24
November 2009. Bosco Ntaganda is at large. In September 2008, the OTP
announced the start of its investigation into alleged crimes in the
Kivus.

1 October � The UN High Commissioner for Human Rights released a
report listing 617 of the most serious violations of human rights and
international humanitarian law between March 1993 and June 2003 in the
DRC, thus also covering part of the ICC's temporal jurisdiction.
According to the findings, tens of thousands of people were killed, and
numerous others were raped, mutilated or otherwise victimized during the
decade under consideration. The report stresses the need to end impunity
and to bring those responsible for serious crimes to justice, and
emphasizes the importance the ICC's contribution to criminal justice
in the DRC: "For the time being it is the only judicial mechanism
that has the capacity, the integrity and the independence required to
prosecute those who bear the greatest responsibility for the crimes
under international law committed on DRC territory."

C. CICC MEMBERS' STATEMENTS

i. "ICC: Appeals Chamber Says Lubanga Case Should Resume," Human Rights
Watch, 8 October 2010,
https://exchange.wfm-igp.net/owa/redir.aspx?C=9412927822354032ace075c29a
abddd9&URL=http://www.reliefweb.int/rw/rwb.nsf/db900sid/VD
UX-8A2LL6?OpenDocument&RSS20&RSS20=FS

"The International Criminal Court (ICC) Appeals Chamber today ended a
stay of proceedings imposed in July 2010 in the trial against the
Congolese rebel leader Thomas Lubanga, thus allowing the case to go
forward. The Chamber found that ending the proceedings was not the
appropriate remedy for the prosecutor's failure to disclose an
intermediary's identity to the defense. Lubanga is accused of
enlisting and recruiting child soldiers and using them to participate
actively in hostilities in the Democratic Republic of the Congo.

The trial against Lubanga had been suspended because of the
prosecution's failure to carry out the trial chamber's orders to
disclose the identity of an intermediary who helped facilitate the
prosecutor's investigations to Lubanga's defense team. The
prosecution told the trial chamber that it could not carry out the
orders on grounds that protection measures were not yet in place and it
was concerned that the life of the intermediary might be at risk. The
trial chamber ruled, in suspending the trial, that without disclosure of
the intermediary's identity to the defense, Lubanga could not be
guaranteed a fair trial. The trial chamber also found in its July
decision that the failure of the prosecution to carry out its orders
constituted an abuse of the process of the court and that as a result it
could not guarantee a fair trial anymore. The trial chamber subsequently
ordered Lubanga's release. The prosecution appealed both decisions.

In today's decision, the Appeals Chamber found that terminating the
judicial proceedings against Lubanga was not the appropriate remedy.
Before resorting to a stay of proceedings � a "drastic"
option -, the trial chamber should have first resorted to sanctions
against the Office of the Prosecutor for failing to carry out its orders
to disclose the identity of the intermediary last July. The Appeals
Chamber re-stated that all parties to a trial must carry out court
orders. The Office of the Prosecutor indicated on September 14 that it
is ready to disclose the identity of its intermediary to the defense,
now that protection measures are in place.

The Appeals Chamber also stressed today that the trial chamber is the
"ultimate arbiter" in matters relating to the protection of
victims and witnesses, in the context of its overall responsibility to
ensure that the fair trial rights of the accused are respected.

Lubanga is the first person to be tried by the International Criminal
Court. He has been in ICC custody in The Hague since March 2006.

"Of course it is essential for fair and efficient judicial
proceedings that all parties carry out court orders," said
Géraldine Mattioli-Zeltner, the international justice advocacy
director at Human Rights Watch. "Today's decision assures that
the victims will still have a chance to see Lubanga's guilt or
innocence determined, and that the trial can resume with the parties
clear on essential rights and responsibilities."

The relatively swift resolution of the appeal was a positive step, given
the considerable stakes involved, Human Rights Watch said. These include
Lubanga's right to a fair and expeditious trial, the safety and
psychological well-being of victims and witnesses, and the interest on
the part of affected communities in Ituri district of northeastern
Congo, where Lubanga's rebels operated.

The suspension of the trial caused significant confusion and
disappointment among affected communities, as well as anxiety on the
part of witnesses and ICC intermediaries in the Ituri district.
Lubanga's supporters have claimed that the stay was a proof of
Lubanga's innocence. It is vital for the communities in Ituri to
have accurate information about today's decision and the status of
the Lubanga case, Human Rights Watch said.

"Recent developments in the Lubanga case show the complex processes
of the ICC at work balancing the rights of the accused, protection of
intermediaries, and the need to ensure that processes of the court are
scrupulously respected," Mattioli-Zeltner said. "We look to the
Court to find effective ways of reaching those most affected to explain
what happened today."

For a questions and answers document on what led to the Lubanga trial
being stayed in July 2010, please visit:
http://www.hrw.org/en/news/2010/07/16/status-international-criminal-cour
t-trial-thomas-lubanga

For information about the Lubanga trial, please visit:
http://www.hrw.org/en/news/2009/01/22/international-criminal-court-trial
-thomas-lubanga

For more information about the conflict in Ituri, Democratic Republic of
the Congo, please visit:

� "Covered in Blood: Ethnically targeted violence in Northern
DRC," http://www.hrw.org/en/reports/2003/07/07/covered-blood-0

For more information about the ICC, please visit:

� "Courting History: the landmark International Criminal
Court's first years,"
http://www.hrw.org/en/reports/2008/07/10/courting-history

For more information, please contact:

In Brussels, Géraldine Mattioli-Zeltner (English, French):
+32-2-737-1487; or +32-485-57-79-62 (mobile)
In London, Anneke van Woundenberg (English, French): +44-77-11-66-4960
(mobile)

ii. "Victims express relief at decision to resume first war crimes trial
at the International Criminal Court," REDRESS, 8 October 2010,
http://www.redress.org/Lubanga case resumed - REDRESS stmt 8
 Oct 2010.pdf

"REDRESS welcomes today's judgment from the Appeals Chamber of the
International Criminal Court (ICC) lifting the stay of proceedings in
the trial against Mr. Thomas Lubanga Dyilo. He is allegedly responsible
for the widespread enlisting and conscripting of children under the age
of 15 years and using them to participate actively in hostilities in
Ituri, Eastern Democratic Republic of Congo (DRC), in 2002 - 2003. The
trial was stayed [ended] in July with an order for Mr. Lubanga's
immediate release on the basis of procedural issues that arose relating
to the disclosure of the identity of an individual who had assisted the
Prosecution. Upon the Prosecutor's Appeal, the decision has been
under review by the Appeals Chamber until today.

After three months of uncertainty, today's judgment constitutes a
relief for victims and affected communities in Ituri, DRC, who have been
participating in the proceedings and waiting for the Court's first
case to deliver justice and reparation for the harm they suffered.

Carla Ferstman, Director of REDRESS, a human rights NGO which has been
working closely with affected communities in DRC, says "we are
extremely relieved to see that this very landmark trial may finally
resume. This is important for victims who feared that they would lose
their chance at justice. While today's judgment means that Mr.
Lubanga's case is back on track, the fact that it was at the point
of collapse is very worrying � we hope the problems which led to
this impasse can be fully addressed so that this and other trials are
not inappropriately placed at risk. Protracted delays in this first case
before the ICC have contributed to victims' sense of hopelessness.
Those who suffered the terrible events in Ituri deserve a full and fair
consideration of these allegations and have waited a long time for
it."

There is the potential that today's decision will lead to negative
repercussions for victims and witnesses, and those assisting them on the
ground. Ms Ferstman added: "The Court must ensure the protection of
anyone at risk on account of representations made to it. This is
absolutely essential to the legal fight against war crimes and crimes
against humanity."

REDRESS urges the Court to take steps to ensure that the community in
Ituri fully understands the decision and what will happen next.

One local activist who asked not to be named told REDRESS that "if
the trial had stopped without a decision on the merit, the whole system
of the ICC would have suffered. Here in Ituri, we couldn't
understand how a trial of such an importance could have been stopped on
a procedural matter. This announcement shows the professionalism and the
fairness of the Court. We are delighted but there is a real need for
more information."

Another local worker assisting former child soldiers said: "The news
today is a relief. It is very important that efforts are made to make
sure that all victims know about it. Some of the victims were feeling
sick at the idea that Lubanga could be released."

iii. "Lubanga trial to resume after Appeals Chamber reverses stay,"
AMICC, 8 October 2010,
http://amicc.blogspot.com/2010/10/lubanga-trial-to-resume-after-appeals.
html

A decision today by the Appeals Chamber of the ICC clears the way for
the Court to resume its landmark first trial in the near future. The
trial of Thomas Lubanga Dyilo on charges of recruiting and using child
soldiers in the Democratic Republic of the Congo, which began in January
2009, has experienced several delays which have frustrated ICC
supporters but have also demonstrated that the Court is fully
functioning and maintaining the rights of all parties.

The most recent delay began on July 8 when the trial judges ordered a
stay in the proceedings after determining that the Prosecutor had not
complied with their order to disclose to the defense information about
the identity of a person who assisted the prosecution with obtaining
witness evidence. In addition, the Trial Chamber ordered the release of
Lubanga because it did not believe that a fair trial was possible given
that, in its view, the Prosecutor refused to comply with judicial orders
of the Court, and thus it had lost control of the proceedings. The trial
judges did not give effect to the order to release Lubanga until the
Prosecutor had the chance to appeal the decision. Last month, the
prosecution offered to provide the requested information. However, the
chamber refused to restart the trial because it maintained its concern
about the prosecution's unwillingness to comply with judicial
orders, a matter that was also the subject of appeal.

Today's decision is the result of the Prosecutor's appeal. In
it, the judges found that the Trial Chamber did not make an error in
determining that the Prosecutor failed to implement its orders and thus
threatened the fairness of the trial. It decided, however, that the
Trial Chamber had not lost control of the proceedings and had other,
less drastic measures, such as sanctions to bring about compliance, at
its disposal besides staying the proceedings and ordering the release of
Lubanga. The Trial Chamber should have, in the opinion of the Appeals
Chamber, imposed such sanctions before ordering a stay of the trial. It
is unclear from the decision whether the Prosecutor could still face
sanctions now that he has disclosed the information that he previously
refused to disclose.

Previously, the start of the Lubanga trial had been delayed because the
prosecution did not disclose materials to the defense which may have
helped Lubanga to defend his case. The relevant materials were
eventually made available to him. There was also a delay of several
months in late 2009 because two of the three trial judges gave notice
that the chamber may convict Lubanga of crimes about which it hears
evidence but for which he was not charged. The prosecution and the
defense appealed this decision. The Appeals Chamber ruled that the Trial
Chamber could not convict him of additional charges.


D. MEDIA REPORTS ON THE LUBANGA TRIAL

Daily reports on the Lubanga trial are available on www.lubangatrial.com
, an Open Society Justice Initiative's project and on Lubanga Chronicles
http://lubanga.aegistrust.org , an Aegis Trust's project.

SEE:

i. "Lubanga Chronicle #96 The Trial Goes On," Aegis Trust, 8 October
2010,
http://www.aegistrust.org/Lubanga-Chronicles/lubanga-chronicle-96-the-tr
ial-goes-on.html

ii. "Appeals Judges Rule That Lubanga Will Not Be Released; Trial To
Resume," By Wairagala Wakabi, 8 October, 2010
http://www.lubangatrial.org/2010/10/08/appeals-judges-rule-that-lubanga-
will-not-be-released-trial-to-resume/

iii. "Lubanga Trial Judges Reject Prosecutor's Bid To Interview
Witnesses," By Wairagala Wakabi, 28 September 2010,
http://www.lubangatrial.org/2010/09/28/lubanga-trial-judges-reject-prose
cutor’s-bid-to-interview-witnesses

iv. "Kabila's Visit Highlights Tension Over Lubanga Trial," By
Olivia Bueno (International Refugee Rights Initiatives), 24 September
2010
http://www.lubangatrial.org/2010/09/24/kabila’s-visit-highlights
-tension-over-lubanga-trial

v. "Lubanga Prosecution offers to disclose identity of Intermediary 143
to Defence; seeks provisional resumption of testimony during Stay of
Proceedings," by Deirdre Montgomery, International Criminal Law Bureau,
23 September 2010 http://www.internationallawbureau.com/blog

vi. "VIDEO - Backgrounder: victim's participation at the ICC," Aegis
Trust, 14 September 2010,
http://www.aegistrust.org/Lubanga-Chronicles/backgrounder-victims-partic
ipation-at-the-icc.html

vii. "Court orders resumption of Congo war crimes trial," CNN, 8 October
2010, http://www.cnn.com/2010/WORLD/europe/10/08/netherlands.icc.congo

viii. "ICC proceeds with trial of Congo warlord Lubanga,"By Linawati
Sidarto/RNW, 9 October 2010,
http://www.rnw.nl/english/article/icc-proceeds-trial-congo-warlord-luban
ga-0

ix. "ICC to Resume Congolese Warlord Trial," By Selah Hennessy/VOA, 8
October 2010,
http://www.voanews.com/english/news/africa/ICC-to-Resume-Congolese-Warlo
rd-Trial--104578099.html

x."Democratic Republic of Congo: Trial of Warlord Must Continue," By
MARLISE SIMONS, NYT, 8 October 2010,
http://www.nytimes.com/2010/10/09/world/africa/09briefs-LUBANGA.html?_r=
1

xi. "Hague's ICC court's 1st case resumes," UPI, 8 October 2010,
http://www.upi.com/Top_News/World-News/2010/10/08/Hagues-ICC-courts-1st-
case-resumes/UPI-18921286572090/

xii. "Thomas Lubanga: ICC trial of DR Congo warlord to resume," BBC
News, 8 October 2010, http://www.bbc.co.uk/news/world-africa-11503799

II. KATANGA & NGUDJOLO TRIAL

Weekly summary of the proceedings (7-15 September 2010) in the case of
The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

Youtube (for viewing): http://www.youtube.com/watch?v=JIKiEwhoayU

Audio (mpeg3):
http://drop.io/Katanga_Ngudjolo_5/asset/100921-katanga-ngudjolo-mp3

Video (mpeg4):
http://drop.io/Katanga_Ngudjolo_5/asset/100921-katanga-ngudjolo-mp4


III. BOSCO NTAGANDA CASE

i. "Ntaganda: DRC maintains its position," (Ntaganda: la RDC maintient
sa position), AFP, 10 Octobre 2010,
http://www.lefigaro.fr/flash-actu/2010/10/02/97001-20101002FILWWW00513-n
taganda-la-rdc-maintient-sa-position.php (French)

"The Congolese Minister of Justice reiterated today that the Democratic
Republic of Congo (DRC)" will not execute the arrest warrant" issued by
the International Criminal Court (ICC) for former rebel Bosco Ntaganda
who is currently a general in the Congolese army.

"We said that the government will not execute the arrest warrant of the
International Criminal Court. We have internal reasons," said Minister
Luzolo Bambi, during a press conference in Kinshasa to discuss the UN
report on crimes committed in the DRC between 1993 and 2003.

"It's not that we lack the political will to fight against impunity
(...) There are several findings that have led us to finally say that we
suspend, not our [general] cooperation (with ICC) but cooperation on
this specific situation," he added.

Kinshasa refused since 2009 to arrest Ntaganda, arguing that "peace and
security (in eastern DRC) prevails," as stated President Joseph Kabila
in February 2009.

"It would be easy: you give Bosco, we give, we give you .... Finally,
the criminal court it will be the Congo. And what are we supposed to
tell our people? We tell our people we are the only ones in the world
who cooperate with the international criminal justice," said the
minister, referring to other ex-rebel Congolese currently held by the
ICC. [...]"

ii. "Congo: Former Rebel Claims Role in Military Force Backed by U.N.,"
Reuters/NYT, 6 October 2010,
http://www.nytimes.com/2010/10/07/world/africa/07briefs-Congo.html?_r=1

"A former rebel leader indicted by the International Criminal Court for
war crimes says that he is commanding soldiers in the United
Nations-backed military operations to oust Hutu rebels. The ex-leader,
Bosco Ntaganda, said he was "the No. 2" commander in the region.
His comments contradict official statements that he has no role. He is
charged with using soldiers under 15 years old."

SEE ALSO:

ii. "Bosco suspended; CNDP to be relocated?," Congo Siasa (blog), 13
September 2010,
http://congosiasa.blogspot.com/2010/09/bosco-suspended-cndp-to-be-reloca
ted.html


IV. OTHER NEWS

i. "Action needed to investigate a decade of crimes in DRC," Amnesty
International, 1 October 2010,
http://www.amnesty.org/en/news-and-updates/action-needed-investigate-dec
ade-crimes-drc-2010-10-01

ii. "DR Congo: Release of UN Report a Vital Opportunity for Justice,"
ICTJ, 1 October 2010,
http://www.ictj.org/en/news/press/release/4135.html

iii. "DR Congo: UN Report Exposes Grave Crimes," HRW, 1 October 2010,
http://www.hrw.org/en/news/2010/10/01/dr-congo-un-report-exposes-grave-c
rimes

iv. "UN report says DR Congo killings 'may be genocide'," BBC News, 1
October 2010 http://www.bbc.co.uk/news/world-africa-11450093

v. "Genocide in Congo?", By Jean-Roger Kaseki, Progress Online (UK),
5 October 2010,
http://www.progressives.org.uk/articles/article.asp?a=6838

vi. "The UN report on Congo's atrocities: the end of impunity?", By
Filip Reyntjens, RNW, 5 October 2010,
http://www.rnw.nl/english/article/un-report-congos-atrocities-end-impuni
ty-0

vii. "European Parliament strongly condemns mass rape in DR Congo," BNO
News, 8 October 2010
http://wireupdate.com/wires/11034/european-parliament-strongly-condemns-
mass-rape-in-dr-congo/

viii. "No End to DRC Rape Cases," By Daniella Peled, 8 October 2010
http://iwpr.net/report-news/no-end-drc-rape-cases#12865520445511&{"sta
tus":"proceed","log":"Clicked OK or continue a
t welcome"}

ix. "Militia commander Mayele arrested after mass rape of Congo
villagers," Guardian, 6 October 2010,
http://www.guardian.co.uk/world/2010/oct/06/congo-rape-arrest-mayele

x. "Frenzy of Rape in Congo Reveals U.N. Weakness," By Jeffrey
Gettleman, NY Times, 3 October 2010
http://www.nytimes.com/2010/10/04/world/africa/04congo.html?_r=4&pagewan
ted=1&th&emc;=th

xi. "Justice for the Victims in Congo,"by Amb. Ileka Atoki, Democratic
Republic of Congo Representative to the United Nations (published in
Huffington Post), 1 October 2010
http://www.huffingtonpost.com/amb-ileka-atoki/post_976_b_746003.html

xii. "New Light on the Death Toll in the Congo Wars," by William A.
Schabas, PhD studies in human rights, 2 October 2010,
http://humanrightsdoctorate.blogspot.com/

xiii. "Violence spirals out of control in east Congo," By Michelle Faul,
AP, 18 September 2010
http://www.google.com/hostednews/ap/article/ALeqM5iYkMnixep9EBya04kIxKO2
bqet9QD9I9TT300

xiv. "DRC Rights Defenders Face Mounting Threats," By Blake
Evans-Pritchard, IWPR, 14 September 2010,
http://iwpr.net/report-news/drc-rights-defenders-face-mounting-threats


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