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ICC Press Release: Trial Chamber I orders stay of proceedings in the trial of Thomas Lubanga Dyilo'

08 July 2010

Dear all,

Please find below the latest press release issued by the International Criminal Court (ICC) announcing ICC Trial Chamber I's decision to stay the proceedings in the Lubanga case.

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.

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
http://www.coalitionfortheicc.org/

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ICC PRESS RELEASE AND DECISION

i. "Trial Chamber I orders stay of proceedings in the trial of Thomas Lubanga Dyilo," ICC Press Release, ICC-CPI-20100708-PR555, 8 July 2010, http://www.icc-cpi.int/NR/exeres/3568E398-B9F2-45F2-9E32-C4A4AECBC984.htm

"Today, on 8 July, 2010, Trial Chamber I of the International Criminal Court (ICC) ordered to stay the proceedings in the case The Prosecutor v. Thomas Lubanga Dyilo, considering that the fair trial of the accused is 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.

Trial Chamber I considered that "in order for the Chamber to ensure that the accused receives a fair trial, it is necessary that its orders, decisions and rulings are respected, unless and until they are overturned on appeal, or suspended by order of the Court".

Whilst the stay of proceedings is in place, the Chamber will deal with any application for leave to appeal this decision. The Chamber will also entertain submissions regarding the possible application of article 71 of the Rome Statute (sanctions for misconduct before the Court) and submissions on the accused's detention.

Thomas Lubanga Dyilo is accused of having committed, as co-perpetrator, the war crimes of enlisting and conscripting of children under the age of 15 years into the Patriotic Forces for the Liberation of Congo (Forces patriotiques pour la libération du 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 International Criminal Court is the only permanent international court established with the mission to help put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity and war crimes, and thus to contribute to the prevention of such crimes. "

ii. "Redacted Decision on the Prosecution's Urgent Request for Variation of the Time-Limit to Disclose the Identity of Intermediary 143 or Alternatively to Stay Proceedings Pending Further Consultations with the VWU," ICC Trial Chamber I, ICC-01/04-01/06-2517-RED, 8 July 2010, http://www.icc-cpi.int/Menus/Go?id=ea56c6f5-15da-4989-93a2-ed655142e7cd&lan=en-GB


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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.

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