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Update on the Lubanga trial; the arrest of Callixte Mbarushimana; the Ntaganda case; and related news coverage

19 Oct 2010

Dear All,

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

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

Note that unless otherwise indicated, 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

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I. UPDATES ON THE LUBANGA TRIAL

A. CICC MEMBERS' PRESS RELEASES

i. "Cancelation of the stay of proceedings in the Lubanga case: victims are rejoicing and request celerity in the proceedings," LIPADHO, 11 October 2010 http://iccnow.org/documents/LIPADHO_press_release_on_Lubanga_trial_resumption_ENG_11_oct_2010.pdf

"The Ligue pour la Paix et les Droits de l'Homme (LIPADHO) welcomes the Appeals Chamber's decision of 8 October 2010, reversing the 2 decisions from Trial Chamber 1 from 8 and 15 July, which had ordered a stay of proceedings in the case Prosecutor against T. Lubanga Dyilo as well as his release.
This decision comes at a right time to end the long cliff-hanger around the issue of the release of M. Thomas Lubanga Dyila about which victims and intermediaries were worried, unsure of the reaction from supporters of the Forces Patriotiques pour la libération du Congo (FPLC), the armed branch of the Union des Patriotes Congolais(UPC), still very active in the field.
Victims still had in mind, the announcement of Lubanga's release from 2008 which had led to rejoicing scenes followed by praying session, well noticed in some "hot" neighbourhoods of Bunia, such as Mudzipela where UPC flags were seen flying and people were stating "this is the end, truth always prevails, Lubanga is innocent."

Three victims from Bunia and Mahagi who required anonymity, informed us of their relief following the announcement of this decision : " Thank God, what we feared would happen to us did not occur, we were slowly getting ready to flee in the forest once Thomas would be released, there was a risk to see him return to Ituri and rally with his partner Bosco Ntaganga who keeps defying the International Criminal Court in order to silence us and even to exterminate us."

While encouraging the International Criminal Court in its attempt and its independence while taking into account the expectations of victims, LIPADHO would like to bring attention to extended length of the proceedings which victims keep on criticizing, as they now want to see the first decisions and convictions fall and as well as the question of their reparation finally addressed.

Thus, LIPADHO wishes to remind the Court' bodies in charge of informing victims to better share this decision, with all its details, in order to properly manage expectations."

[Informal translation provided by REDRESS]

ii. "APRODIVI's Press Release O16/SG/2010," APRODIVI, 13 October 2010, http://iccnow.org/documents/APRODIVI_LubangaTrialRresumption_13oct2010_FR.pdf (French)

"The Association for the promotion and defense of the dignity of victims 'APRODIVI' follows with interest the trial developments of our Congolese compatriots held in The Hague and welcomes the 8 October decision of the Appeals Chamber to resume the LUBANGA trial (...).

While we respect the independence and competence of the ICC, (...) APRODIVI believes that an impartial and objective international criminal justice would be the panacea for various crimes against humanity, gross violations of human rights committed in Ituri.

But listening to the views of Ituri people, the international criminal justice that was the last hope for victims can only achieve its objectives if the real victims are stakeholders in this common political will of States to restore order shattered by international crimes.

APRODIVI regrets and feels that there will be no security and peace of mind for the poor, the conquered, the victims of heinous crimes, of human folly in particular, as long as some are able to suppress, falsify, exploit, terrorize, cause massacres, and continue perpetrating moral and physical violence with impunity. (...)

APRODIVI fears that the indifference of all to understand the suffering of victims leads them to overcome their frustration by revenge, which perpetuates the cycle of cruelty (...).

APRODIVI remains confident and keeps hope as long as the people come and go but the institution remains and that everyone will suffer the verdict of history.

So whatever opinion or perception that everyone currently has of the ICC
(...) or criticism about its credibility, the Court should adapt its strategic plans in light of all the criticisms. (...)"

B. MEDIA COVERAGE

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.

i. "The Lubanga Trial Resumes: Responses from Ituri," By Olivia Bueno (International Refugee Rights Initiative), 13 October 2010, http://www.lubangatrial.org/2010/10/13/the-lubanga-trial-resumes-responses-from-ituri/

"The October 8, 2010 decision by the Appeals Chamber of the International Criminal Court (ICC) was awaited with apprehension by victims of international crimes in Ituri, politicians, and others. While the Union des Patriotes Congolais (UPC) declared that they were eagerly awaiting Lubanga's return, many victims feared the potential security consequences. The Ligue pour la Paix et les Droits de l'Homme (LIPADHO), based in Bunia, noted "victims and intermediaries were worried, unsure of the reaction from supporters of the Forces Patriotiques pour la libération du Congo (FPLC), the armed branch of the Union des Patriotes Congolais (UPC), still very active in the field." (...)

NGOs for their part, generally welcomed the decision. For example, the international NGO Redress, which has worked with victims in Ituri, said, "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." This relief was echoed by victims cited by LIPADHO, "Thank God, what we feared would happen to us did not occur, we were slowly getting ready to flee in the forest once Thomas would be released, there was a risk to see him return to Ituri and rally with his partner Bosco Ntaganga who keeps defying the International Criminal Court in order to silence us and even to exterminate us." Other NGOs hailed the decision as an affirmation of the independence and credibility of the ICC.

At the same time, however, many have expressed concerns about the progress of the trial and the perception of the ICC in the court of public opinion in Ituri. The significant delays suffered to date in the process have undermined confidence in the institution. Others have expressed unease that the lack of information and understanding of the trial. This, as well as the twists and turns in the process have facilitated the spread of rumors and misunderstandings.

It is clear that some are frustrated. Xavier Maki, of the Ituri NGO Justice Plus reflected on the population's impatience: "The population wants to know if Lubanga is guilty or not. The reality of going from reports to reports or seeing blockages in the unrolling of the process is tiring the population which is waiting impatiently for the process." Echoing the voices of victims, Redress noted, "Protracted delays in this first case before the ICC have contributed to victims' sense of hopelessness." Another NGO, Association pour la promotion et la défense de la dignité des victims (APRODIVI), noted that it was "preoccupied with the slow pace," commenting that "time is the enemy of evidence, as the process drags on victims will disappear with their stories." (...)

The latest decision is a welcome step forward, but the responses also make clear that there are increasing misgivings about the court from impatience to suspicion of political manipulation. It is also apparent that the ICC must take seriously these concerns by both increasing outreach and addressing some of the procedural issues that led to the delay in order to improve the way that it is perceived on the ground."

SEE ALSO:

i. "Lubanga Defense Angered By Former ICC Consultant's Book," By Wairagala Wakabi, 15 October 2010 http://www.lubangatrial.org/2010/10/15/lubanga-defense-angered-by-former-icc-consultant’s-book/

iii. "Lubanga Defense Says Disclosure Problems Could Delay Trial Again," By Wairagala Wakabi, 11 October 2010, http://www.lubangatrial.org/2010/10/11/lubanga-defense-says-disclosure-problems-could-delay-trial-again/

II. UPDATES ON THE ARREST OF CALLIXTE MBARUSHIMANA, NEW ICC SUSPECT ARRESTED IN FRANCE

A. CICC MEMBER' STATEMENT

i. "CN-CPI's press release N° CNCPI/RDC/ 04/2010," CN-CPI, 12 October 2010 http://iccnow.org/documents/CN-CPI_p_r_Mbarushimana_arrest_FR_12oct2010.pdf (French)

"The National Coalition of the Democratic Republic of Congo for the International Criminal Court (CN-CPI) welcomes with enthusiasm the arrest of Mr. Callixte Mbarushimana, Rwandan national of the Rwandan Democratic Forces for the Liberation of Rwanda (FDLR).

The arrest of Callixte Mbarushimana who is accused of war crimes and crimes against humanity committed by the FDLR in the provinces of North Kivu and South Kivu between January and September 2009, is a relief for all victims of heinous acts (...).

This arrest is also a sign of the strength and determination of the ICC to end impunity for big fishes, perpetrators of crimes and serious violations of international human rights, not only in the Democratic Republic of Congo but elsewhere.

The victims, affected communities and the entire Congolese population support this arrest and believe that this action by the Court will encourage true peace and stability in eastern Democratic Republic of Congo.

In addition, the National Coalition for the International Criminal Court is encouraged by the French cooperation with the Court which is a case example of states' respect of cooperation obligations. The Coalition is calling the DRC government to follow France's example and arrest and surrender Bosco Ntaganda to the ICC."

B. US STATEMENT ON THE ARREST OF CALLIXTE MBARUSHIMANA

i. "Democratic Republic of the Congo: Arrest of Callixte Mbarushimana," by Philip J. Crowley, Assistant Secretary, Bureau of Public Affairs, Washington, DC, 13 October 2010, http://www.state.gov/r/pa/prs/ps/2010/10/149362.htm

The United States welcomes the October 11, 2010 arrest by French authorities of Callixte Mbarushimana, indicted by the International Criminal Court for alleged war crimes and crimes against humanity committed by the Democratic Forces for the Liberation of Rwanda (FDLR) in the Democratic Republic of the Congo in 2009. As a top official of the FDLR, Mbarushimana had also been listed in 2008 for targeted UN and U.S. sanctions.

Mbarushimana's arrest sends an important signal that the international community will not tolerate the FDLR's continuing efforts to destabilize the eastern provinces of the Democratic Republic of the Congo, including the recent mass rapes in Walikale territory in which FDLR forces are believed to have participated. The United States continues to encourage FDLR soldiers and their dependents to demobilize and repatriate to Rwanda.

The United States supports the International Criminal Court's ongoing investigations into atrocities that have been committed in the Democratic Republic of the Congo since 2002, as well as the steps taken by the Congolese government to pursue accountability. Ending the cycle of impunity is indispensable to establishing a lasting peace in the Congo.

C. MEDIA COVERAGE

i. "Exiled Rwandan to fight ICC extradition," RFI, 15 October 2010, http://www.english.rfi.fr/africa/20101015-exiled-FDLR-leader-will-fight-ICC-extradition

ii. "US Welcomes Arrest Of Rwandan Hutu Rebel Group Leader," RTT News, 14 October 2010 http://www.rttnews.com/Content/Policy.aspx?Id=1444935

iii. "ICC Nabs Another Suspect," by Mark Leon Goldberg, 13 October 2010, http://undispatch.com/icc-nabs-another-suspect

iv. "FDLR chief 'took part in genocide'," News24, 13 October 2010, http://www.news24.com/Africa/News/FDLR-chief-took-part-in-genocide-20101013

v. "Mbarushimana Arrest Major Blow to FDLR - CPCR," by James Karuhanga, New Times (Rwanda), 13 October 2010, http://allafrica.com/stories/201010130526.html

vi. "Gov't welcomes Mbarushimana's arrest," By Edmund Kagire, New Times (Rwanda), 12 October 2010 http://www.newtimes.co.rw/print.php?issue=14411&print&article=34487

vii. "Paris court sets Oct. 20 date for hearing on extradition of Rwandan to international court," AP/Canadian Press, 12 October 2010 http://www.google.com/hostednews/canadianpress/article/ALeqM5i-ObwJBmfeErItcnYPWKu_UACWog?docId=4819214

viii. "Callixte Mbarushimana Arrested in France," by Mijanou Poort, International Criminal Law Bureau, 12 October 2010 http://www.internationallawbureau.com/blog/?p=1832

ix. "Rwandan accused of DR Congo genocide and rapes held in Paris," Digital Journal, October 2010 http://www.digitaljournal.com/article/298830

x. "Callixte Mbarushimana, genocide suspect, Hutu rebel leader and former employee of the United Nations," (La cavale de Callixte Mbarushimana, génocidaire présumé, chef rebelle hutu, ex-employé des Nations unies), By Isabelle Tallec (Le Monde), 12 October 2010, http://justice-inter.blog.lemonde.fr/2010/10/12/la-cavale-de-callixte-mbarushimana-genocidaire-presume-chef-rebelle-hutu-ex-employe-des-nations-unies (French)

xi. "Rwandan rebel arrested over Congo rapes," ABC (Australia)/Reuters, 12 October 2010, http://www.abc.net.au/news/stories/2010/10/12/3035749.htm?section=world

xii. "Rwanda: Gov't Welcomes Mbarushimana's Arrest," By Edmund Kagire, The New Times, 12 October 2010 http://allafrica.com/stories/201010120407.html

III. UPDATE ON BOSCO NTAGANDA CASE

A. CICC MEMBER'S PRESS RELEASE

i. "DR Congo: ICC-Indicted War Criminal Implicated in Assassinations of Opponents," Human Rights Watch, 13 October 2010 http://www.hrw.org/en/news/2010/10/12/dr-congo-icc-indicted-war-criminal-involved-assassinations-opponents

"The government of the Democratic Republic of Congo should immediately arrest Bosco Ntaganda, a Congolese army general sought on an arrest warrant from the International Criminal Court (ICC), Human Rights Watch said today. Since January 2010, Ntaganda has been implicated in the assassination of at least eight people, arbitrary arrests of another seven, and the abduction and disappearance of at least one more. Some of these incidents occurred in eastern Congo, others in neighboring Rwanda.

Ntaganda, who lives and moves about openly in Goma, in eastern Congo, has also directly or indirectly threatened more than two dozen people whom he perceives as opposing him. Despite well documented evidence of his abuses, the Congolese government has not acted to arrest Ntaganda, whom it regards as essential to the "peace process" in eastern Congo.

"Ntaganda should be arrested and made to answer for his crimes, rather than being allowed to walk freely in Goma," said Anneke Van Woudenberg, senior researcher at Human Rights Watch. "He is a threat to the people of eastern Congo and is making a mockery of the Congolese government's policy of zero tolerance for human rights abuses."

The majority of those targeted by Ntaganda are family members or former supporters of the rebel leader Laurent Nkunda, whom Ntaganda ousted from the leadership of the National Congress for the Defense of the People (CNDP) rebel group in January 2009 with the help of military authorities from nearby Rwanda. After taking over the leadership of the CNDP, Ntaganda announced that he was ending the rebellion. He said he would integrate the rebel troops into the Congolese national army to carry out joint operations with Rwandan armed forces against the predominately Rwandan Hutu rebel group, the Democratic Forces for the Liberation of Rwanda (FDLR).

Ntaganda secured a position for himself as a general in Congo's army. The Congolese government said it would not execute the ICC arrest warrant against him in the interest of maintaining peace, contending that Ntaganda is needed to keep the former CNDP troops integrated in the Congolese army.

Ntaganda's putsch, and the subsequent arrest and detention without charge of Nkunda in Rwanda, deeply divided the CNDP movement. A number of Nkunda supporters objected to Ntaganda's leadership, though they took up their new positions in the Congolese army. Other civilians and activists with no links to the CNDP who have exposed Ntaganda's human rights violations and called for his arrest have also been the targets of arbitrary arrests and intimidation by Ntaganda and his supporters. (...)"

B. RELATED ARTICLES

i. "Human Rights Watch Urges Arrest of Congo General Ntaganda for War Crimes," By Michael J. Kavanagh, 13 October 2010, http://www.bloomberg.com/news/2010-10-13/human-rights-watch-urges-arrest-of-congo-general-ntaganda-for-war-crimes.html

ii. "HRW calls for arrest on Congolese warlord," UPI, 13 October 2010, http://www.upi.com/Top_News/Special/2010/10/13/HRW-calls-for-arrest-on-Congolese-warlord/UPI-86961286990800/

iii. "HRW calls on DRCongo to arrest former rebel," AFP, 12 October 2010, http://news.yahoo.com/s/afp/20101013/wl_afp/drcongorwandarebelsarmyrights_20101013030944

IV. OTHER NEWS

i. "BBC hears Congo assassination testimony," By Mark Doyle/BBC, 14 October 2010 http://www.bbc.co.uk/news/world-africa-11544630

ii. "UN panel urges support for sexual violence victims in DR Congo," OHCHR, 13 October 2010 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=10436&LangID=E

iii. "Congolese Mob Justice Claims More Lives," By Passy Mubalama, 13 October 2010 http://iwpr.net/report-news/congolese-mob-justice-claims-more-lives

iv. "Congo women relive terror of mass rape: 'This is our cry for help'," Guardian (UK), 12 October 2010 http://www.guardian.co.uk/world/2010/oct/12/congo-unitednations

v. "Analysis: Justice still remote for victims of atrocities in DRC," IRIN, 11 October 2010, http://www.irinnews.org/Report.aspx?ReportID=90736

vi. "Thousands of women march in DRCongo against rape," AFP, 18 October 2010 http://www.google.com/hostednews/afp/article/ALeqM5htGOZC0vgwDUWCfEqe9H3Jba5TNQ?docId=CNG.d20ea2c6ca63a74962021e021debd7ad.e01

vii. "Arrest and Renewed Momentum on Rape in Congo," By Lindsey Hilsum (Channel 4 News), 13 October 2010 http://www.channel4.com/news/arrests-and-renewed-momentum-on-rape-in-congo

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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:
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