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Trial of Thomas Lubanga Dyilo: the Defence starts its case presentatio

05 Jan 2010

Dear all,

Please find below 2 press releases issued by the International Criminal Court (ICC) announcing the resumption of the Lubanga trial on 7 January 2009 at 9.30 am in The Hague and the participation of the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict as a witness in the trial.

The Defense team of Thomas Lubanga Dyilo will start the presentation of its case in the trial. Lubanga Dyilo faces counts of war crimes consisting of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in The Democratic Republic of the Congo (DRC). The trial started on 26 January 2009.

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.

Regards,

CICC Secretariat

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These documents have been produced by the ICC. The Coalition for the ICC distributes them as part of its mandate to inform member organizations and individuals about ICC-related developments. The documents do not reflect the views of the CICC as a whole or its individual members.

I. ICC PRESS RELEASES

i. "Trial of Thomas Lubanga Dyilo: the Defence team starts its case presentation," ICC Press Release ICC-CPI-20100105-PR487, 5 January 2010 http://appablog.wordpress.com/2010/01/05/trial-of-thomas-lubanga-dyilo-the-defence-team-starts-its-case-presentation/

"On 7 January, 2010, at 9:30 a.m. (The Hague local time) (Hearing Schedule), the Defence team of Thomas Lubanga Dyilo will start the presentation of its case in the trial of the alleged founder and leader of the Union des patriotes congolais (Union of Congolese Patriots, UPC). Lubanga Dyilo faces counts of war crimes consisting of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in The Democratic Republic of the Congo (DRC). The trial started on 26 January, 2009.

The Defence team, led by Catherine Mabille, will over several months' present exculpatory evidence in its possession. In support of its theses, the Defence will call around thirty witnesses. To date, the majority of witnesses have not requested any protective measures from the Court. The witnesses will be examined by the Defence and cross-examined by the Prosecution.

The Prosecution finished presenting its evidence on 14 July, 2009. Over the course of 22 weeks, and during 74 days of hearings, the Chamber heard 28 witnesses called by the Office of the Prosecutor (OTP), including three experts and including 25 witnesses under protective measures. The Chamber also called two other experts to testify. The Defence team cross-examined all the witnesses presented by the OTP.

To date, 103 victims represented by three teams of legal counsel have been authorised to participate in the trial. They have the right to express their position on matters heard before the Chamber and subject to the judge's authorisation, they may examine witnesses on specific issues.

Two other cases in the situation in the DRC are being heard before the Court: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and The Prosecutor v. Bosco Ntaganda. Both Germain Katanga and Mathieu Ngudjolo Chui are in the custody of the Court while Bosco Ntaganda remains at large.

The International Criminal Court (ICC) is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The Court is steadfast in its commitment to ensure the proceedings before it are in conformity with the highest legal standards and due process to ensure the rights of the suspects and accused persons."

Practical information for media

All media wishing to attend the hearings are welcome. No confirmation is required. They are kindly invited to use the public entrance located on Regulusweg and to arrive no later than 09.15 a.m. Press identification will be requested at the entrance.

The media will have access to the public gallery of Courtroom I where seats have been reserved for them and to the Media Centre.

The proceedings will be held in open session unless ordered otherwise. It will be possible to follow the proceedings on the ICC website at:

Courtroom I:

English: http://livestream.xs4all.nl/icc1.asx
French: http://livestream.xs4all.nl/icc2.asx
Please note there will be a 30 minute delay in transmission.

It will not be possible to take photos in the courtroom. However the Court will provide a selection of digital photos (video resolution) on request to: [email protected] .

A video (mpeg 4 format) and audio (mpeg 3 format) summary of the proceedings for international media (audio: floor only) will be available each Friday. The 'In the courtroom' programme, for television and radio, produced by the Public Information and Documentation Section, in French, will be available each Monday.

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For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 6 46 44 87 26 or at [email protected]

ii. "Trial of Thomas Lubanga Dyilo: the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict will testify before the Court," ICC Press Release ICC-CPI-20100105-PR487, 5 January 2010 http://www.icc-cpi.int/menus/icc/press and media/press releases/pr487

"From 7 January, 2010, onwards, the judges of Trial Chamber I will hear the testimony of Mrs Radhika Coomaraswamy, the Special Representative of the Secretary General of the United Nations for Children and Armed Conflict, in the trial of Thomas Lubanga Dyilo before the International Criminal Court, in The Hague. She will appear before the Court upon request of the judges, as well as another expert-witness and three victims-witnesses.

Mrs Coomaraswamy will be testifying as an expert witness on the definition of conscription or enlistment of children, and on the interpretation of the term "using them to participate actively in the hostilities".

Following her testimony, over the course of the next week, the Chamber will hear Professor Kambayi Bwatshia, an expert on names and other social conventions in the Democratic Republic of the Congo.

Finally, three victims will express their views and concerns and give evidence in person, as witnesses. Two of them will testify about their alleged recruitment by the UPC (Union des patriotes congolais - Union of Congolese Patriots), when they were under the age of 15 in Ituri and the last one will give evidence on the alleged recruitment of children in Ituri.

The Defence team, led by Catherine Mabille, will then, over the course of several months, present exculpatory evidence in its possession. In support of its theses, the Defence will call around thirty witnesses. To date, the majority of witnesses have not requested any protective measures from the Court. The witnesses will be examined by the Defence and cross-examined by the Prosecution.

The Prosecution finished presenting its evidence on 14 July, 2009. Over the course of 22 weeks, and during 74 days of hearings, the Chamber heard 28 witnesses called by the Office of the Prosecutor (OTP), including three experts and including 25 witnesses under protective measures. The Chamber also called two other experts to testify. The Defence team cross-examined all the witnesses presented by the OTP.

To date, 103 victims represented by three teams of legal counsel have been authorised to participate in the trial. They have the right to express their position on matters heard before the Chamber and subject to the judge�s authorisation, they may examine witnesses on specific issues.

Thomas Lubanga Dyilo faces counts of war crimes consisting of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of the Congo (DRC). The trial started on 26 January, 2009.

Two other cases in the situation in the DRC are being heard before the Court: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and The Prosecutor v. Bosco Ntaganda. Both Germain Katanga and Mathieu Ngudjolo Chui are in the custody of the Court while Bosco Ntaganda remains at large.

The International Criminal Court (ICC) is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The Court is steadfast in its commitment to ensure the proceedings before it are in conformity with the highest legal standards and due process to ensure the rights of the suspects and accused persons."

Practical information for media

All media wishing to attend the hearings are welcome. No confirmation is required. They are kindly invited to use the public entrance located on Regulusweg and to arrive no later than 09.15 a.m. Press identification will be requested at the entrance.

The media will have access to the public gallery of Courtroom I where seats have been reserved for them and to the Media Centre.

The proceedings will be held in open session unless ordered otherwise. It will be possible to follow the proceedings on the ICC website at:

Courtroom I:

*
English: http://livestream.xs4all.nl/icc1.asx
*
French: http://livestream.xs4all.nl/icc2.asx

Please note there will be a 30 minute delay in transmission.

It will not be possible to take photos in the courtroom. However the Court will provide a selection of digital photos (video resolution) on request to: [email protected]

A video (mpeg 4 format) and audio (mpeg 3 format) summary of the proceedings for international media (audio: floor only) will be available each Friday. The �In the courtroom� programme, for television and radio, produced by the Public Information and Documentation Section, in French, will be available each Monday.

For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 6 46 44 87 26 or at [email protected]

II. MEDIA COVERAGE

i. "Congo warlord defence opens," AFP, 5 January 2010 http://www.google.com/hostednews/afp/article/ALeqM5gpyyzrO__h0p_bgztTOVfrNfJ2cw

"Lawyers for Congolese warlord Thomas Lubanga, accused of recruiting child soldiers, will open their defence at the International Criminal Court on Thursday, the court announced.

Lubanga, 49, went on trial a year ago charged with war crimes for using children under the age of 15 to fight for his militia during the 1997-2002 civil war in the Democratic Republic of Congo. He has pleaded not guilty.

"On January 7, 2010 at 09:30am (0830 GMT), the defence team of Thomas Lubanga Dyilo will start the presentation of its case," said a court statement.

The defence case, led by Catherine Mabille, is expected to last several months and call around 30 witnesses, it said. [...]"

ii. "Lubanga Trial To Resume This Week," By Wairagala Wakabi(IWPR), 4 January 2010 http://www.lubangatrial.org/2010/01/04/lubanga-trial-to-resume-this-week/

"After a hiatus of more than five months, the trial of former Congolese militia leader Thomas Lubanga will resume this Thursday January 7, 2010, with two expert witnesses expected to be the first to testify. [...]

However, the highlight of this leg of the trial will be Lubanga�s defense case, which is expected to kick off in the second half of January.

Presiding Judge Adrian Fulford said on December 9 2009 that once the trial resumed, two experts called by the Chamber would give evidence, then three participating victims would testify. The defense case would then start.

The legal representatives of the victims have proposed that there should be a psychologist to conduct an assessment of the victims as they arrive in The Hague. Joseph Keta, one of the victims� legal representatives, told court on December 9, 2009 that two of the victims who would testify were children.

Keta also requested that the two children should have copies of their witness statements with them as they give testimony. The defence opposed this, as well as indications by Keita that the three witnesses would be housed together while in The Hague.

The court ruled that the witnesses should travel separately and be accommodated separately in The Hague, but deferred ruling on the two child witnesses having the transcripts of their interviews as they testified.

Judge Fulford said, however, that having transcripts of the interviews with them while giving their evidence would to an extent �be a new departure in that if that�s happened it�s tended to be the exception rather than the rule�. But in terms of refreshing their memories before going to give evidence, �speaking for myself, it would seem to me that reading the interviews beforehand, much in the same way as witnesses have done, is likely to be unobjectionable.� [...]"

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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