Defence Witness 19, National Deputy Secretary of Customary Affairs of the UPC
Defence Witness 19, National Deputy Secretary of Customary Affairs of the UPC
The Chamber’s reasons to refuse Thomas Lubanga’s Defence application to halt the trial are now public. In a written decision, issued confidentially on the 23rd of February, the judges said that ordering a permanent stay of the proceedings for abuse of process is an “undoubtedly drastic remedy to be reserved strictly for those cases that necessitate”. The Chamber considered that in this case, the prosecutorial misconduct alleged by the Defence has not breached the rights of the accused to a fair trial by disabling “the accused from properly defending himself.”
We travel to Ituri, in the east of the DR.Congo that saw a war waged by rival ethnic groups kill 50,000 people between 1999 and 2003. Today, some of those responsible for so much suffering are facing justice at the International Criminal Court. But how do their victims perceive these trials?
The Prosecution calls a new witness to refute Defence allegations of Intermediary 316’s misconduct. Lubanga’s lawyers maintain that the individual who helped the Office of the Prosecutor contact potential witnesses induced those witnesses to fabricate their testimonies. Today, Witness 38, a former child soldier in the UPC allegedly led by Thomas Lubanga, comes back to the Hague to confirm that he told the truth.
Lubanga Chronicle #103 OTP investigator testifies on allegations against Intermediary 316
Nicolas Sabire, who coordinated the activities of Intermediary 316, takes the stand to shed light on this individual’s questioned behaviour.
The intermediary who helped the Prosecution contact potential witnesses reiterates that he never asked them to give false testimony, nor did he obtain financial gains as a result of his collaboration with the OTP. During his three-day testimony, the Defence of Thomas Lubanga has questioned Intermediary 316 about payments and salaries received while working with the Prosecution.
OTP Intermediary 316
The Gallery Remains Silent Read Lubanga Chronicle #100
Today, a new witness appeared before the judges, presumably Intermediary 316, an individual who collaborated with the OTP in liaising with potential witnesses in Ituri, the northeastern province in the Democratic Republic of Congo.
The intermediary who liaised with the Prosecution in facilitating contact with former child soldiers comes back to The Hague to continue his testimony. The witness, who worked for an organisation involved in the reunification of former child soldiers with their families and communities, takes the stand to challenge the allegations made against him. According to various Defence witnesses, he coerced the children into giving false testimony before the Court.
Prosecution: Witnesses are not available
Witnesses expected to testify this week are not ready once again. Problems with passports and visas, coupled with a few misunderstandings, impose more delays and provoke certain weariness in the Chamber.Read Lubanga Chronicle #98
After the Appeals Chamber reversed the decisions to stay the proceedings and to release Thomas Lubanga on Friday, today Trial Chamber I set the new agenda. As part of its litigation on the abuse of process, the Office of the Prosecution will call seven witnesses, including two investigators and one intermediary to refute Defence allegations of misconduct. According to Lubanga’s lawyers, the intermediaries who collaborated with the OTP bribed witnesses into giving false testimony.
The decision of the Appeals Chamber in the case of The Prosecutor v. Thomas Lubanga Dyilo
(Source: icc-cpi.int)
The Appeals Chamber of the International Criminal Court reverses Trial Chamber I’s rulings to stay proceedings and to release Thomas Lubanga Dyilo. The judges consider that the Trial Chamber erred by resorting immediately to a halt of the trial 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.
Backgrounder: Protective measures for witnesses
(Source: aegistrust.org)