ICC Prosecutor: Releasing Jean-Pierre Bemba would be an Error in Law

The Hague, 25 August 2009

ICC-OTP-20090825-PR445

Situation: Central African Republic
Case: The Prosecutor v. Jean Pierre Bemba Gombo

Jean-Pierre Bemba should remain in custody to the end of his trial, ICC Prosecutor Luis Moreno-Ocampo stated in a filing presented to the Appeals Chamber. The ICC Prosecutor appealed the decision of the single judge on interim release as soon as it was rendered. Yesterday, the Prosecutor made known his arguments in support of Mr. Bemba’s continued detention.

The Prosecutor said that contrary to the Single Judge’s conclusions, there has been no change of circumstances in the present case. Most of the circumstances cited are pre-existing and have been cited previously by the same judge as either grounds for continued detention or irrelevant to an application for release. The only significant intervening factor, the issuance of the decision confirming the charges against the Accused, confirms and increases the risks posed by the Accused if released. The Single Judge’s decision is thus error.

The pending charges may result in conviction with an overall lengthy sentence. All prior decisions, including the Appeals Chamber’s decision denying Bemba’s release, noted that the gravity of the charges - crimes against humanity and war crimes - make “the risk of [the Accused] absconding […] more likely”. The Chamber confirmed those charges. The Accused is now closer to trial and, if convicted, subject to a potentially lengthy sentence. The confirmation decision increases the incentive to flee and to obstruct the prosecution. It also increases the capacity to harm witnesses, since the Accused knows the identity of the witnesses and will continue to discover essential prosecution evidence.

Prosecutor Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba’s release while it is under consideration by the Appeals Chamber.

“Mr. Bemba is still presumed innocent but must stay in the detention centre .We will do all we can to ensure he stands trial as soon as possible and that victims see justice done” said the Prosecutor.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

FORMER CONGOLESE LEADER FACING TRIAL SHOULD REMAIN IN ICC CUSTODY – PROSECUTOR

Jean-Pierre Bemba Gombo should remain in the custody of the International Criminal Court (ICC) until the start of his trial for war crimes and crimes against humanity, the Court's Prosecutor stated as he appealed the decision to the former Congolese leader a temporary release.

On 14 August, the Court decided to grant Mr. Bemba's the request for interim release, albeit under conditions. The former vice-president of the Democratic Republic of the Congo (DRC) faces charges for alleged crimes committed in the Central African Republic (CAR) between October 2002 and March 2003, including rape, murder and pillaging.

Mr. Bemba will be released once the conditions have been set, and it has been determined which country will take him in until his trial, a date for which has not yet been set.

Prosecutor Luis Moreno-Ocampo stated in his filing to the Appeals Chamber that Mr. Bemba is a flight risk and may harm witnesses involved in his trial, according to a news release issued by the ICC, which is based in The Hague.

Mr. Moreno-Ocampo also requested suspensive effect to the appeal, so that there is no possibility of Mr. Bemba's release while it is under consideration by the Appeals Chamber.

"Mr. Bemba is still presumed innocent but must stay in the detention centre. We will do all we can to ensure he stands trial as soon as possible and that victims see justice done," said the Prosecutor.

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes, namely genocide, crimes against humanity and war crimes.
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MORE WORK REMAINS TO ENSURE JUSTICE FOR WAR CRIMES VICTIMS, SAYS HEAD OF ICC

MORE WORK REMAINS TO ENSURE JUSTICE FOR WAR CRIMES VICTIMS, SAYS HEAD OF ICC
New York, Jul 17 2009 1:00PM
The creation of the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC/Home">ICC) and its achievements to date are vital to ensuring justice for millions around the world, but much more work remains to be done to advance this noble ideal, according to the head of the landmark institution that was established 11 years ago today.

"Where national courts are unwilling or unable to act, the ICC can play a crucial role in delivering justice for victims, in sending a message of deterrence to potential criminals and in contributing thereby to the re-establishment of peace and the rule of law," the Presidency of the Court said in a <"http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/17_07">statement issued for International Justice Day, observed on 17 July.

Based in The Hague, Netherlands, the ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes. It is based on a treaty known as the Rome Statute, of which 109 countries are now States Parties.

The statement noted that the creation of the ICC was a "small but significant" step towards the realization of the vision of a world in which peace and justice prevail in accordance with the rule of law.

Since its creation, the Court has been investigating four situations – the Democratic Republic of the Congo (DRC), northern Uganda, the Darfur region of Sudan, and the Central African Republic (CAR). Each one has been referred to it by the country concerned or by the United Nations Security Council, and the first trial began in January.

Other situations under analysis by the Office of the Prosecutor include Colombia, Afghanistan, Chad, Kenya and Côte d'Ivoire.

"The creation and early achievements of the ICC are only a beginning," the statement noted. "Much more remains to be done to advance the cause of international justice."

This includes strengthening the capacity of national courts to investigate and prosecute serious crimes, and the enforcement of decisions of the ICC or other courts.

"Adherence to and respect for the rule of law must become the norm and not the exception. The ideal of a world governed through law is what motivated the establishment of the ICC, it is what we celebrate today, and it is our aim for the future," added the statement.

The President of the Court is Judge Sang-Hyun Song (Republic of Korea), and its Chief Prosecutor is Luis Moreno-Ocampo (Argentina).

Ambassador Christian Wenaweser of Liechtenstein, who serves as President of the Assembly of States Parties of the ICC, noted that the goal has been, and remains, universal membership in the Court.

"That means that all Member States of the United Nations will become States parties to the Rome Statute," he told a news conference in New York, adding that the expected ratification of the Statute on 21 July by the Czech Republic will bring the number of parties to 110.

Mr. Wenaweser also reminded States of their obligation to cooperate with the Court, particularly in the area of arrests of indictees-at-large, such as Joseph Kony, the leader of the notorious Ugandan rebel group known as the Lord's Resistance Army (LRA).
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INTERNATIONAL CRIMINAL COURT RECEIVES MATERIALS ON KENYAN POST-ELECTION VIOLENCE

The Prosecutor of the International Criminal Court (ICC) today received sealed information about persons suspected of being responsible for last year's post-election violence in Kenya from Kofi Annan, the former United Nations secretary-general who helped mediate an end to the deadly clashes.

In a press release issued in The Hague, ICC Prosecutor Luis Moreno-Ocampo said he had received a sealed envelope and supporting materials that had previously been entrusted to Mr. Annan – who is also the Chairman of the African Union Panel of Eminent African Personalities – by a commission investigating the violence that erupted in December 2007 and early 2008.

Mr. Moreno-Ocampo's office has had the situation in Kenya under preliminary examination since last year, and last week a high-level Kenyan Government delegation visited The Hague to discuss the need for accountability for those responsible for the violence.

"The Kenyan authorities, while continuing all efforts to set up national proceedings, have committed to start sharing information on the current status of investigations and prosecutions arising out of the post-election violence, as well as on measures taken to protect witnesses, with a view to assisting the [ICC] Prosecutor's work," the press release noted.

If the efforts to conduct national proceedings fail, the Government agreed last week to refer the situation to the ICC within one year.

"The transmission of documents by Mr. Kofi Annan forms part of these collaborative efforts to ensure that justice is not delayed and that future crimes can be prevented," Mr. Moreno-Ocampo said.

The ICC is an independent, permanent court that investigates and prosecutes people accused of genocide, crimes against humanity and war crimes. It is based on a treaty known as the Rome Statute, of which 109 countries are now States Parties.
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NEWSMAKER: RIGHTS ABUSERS MUST BE STOPPED, STARTING AT THE TOP – ICC PROSECUTOR

NEWSMAKER: RIGHTS ABUSERS MUST BE STOPPED, STARTING AT THE TOP – ICC PROSECUTOR
New York, Jun 5 2009 6:00PM
Holding leaders accountable for human rights abuses can take time, but they must face justice, according to Luis Moreno-Ocampo, who has made a career of going after top officials, starting in his native Argentina and more recently in The Hague as Prosecutor for the International Criminal Court (<"http://www.icc-cpi.int/Menus/ICC?lan=en-GB">ICC).

As a young lawyer, Mr. Moreno-Ocampo was appointed Deputy Prosecutor in the military junta trials against Argentinean generals and other authorities accused of human rights crimes during the so-called "dirty war" years from 1976 to 1983, when thousands disappeared.

"The first case was against some of the top commanders of the junta, including the former president, so we started right at the top," he said in an interview with the UN News Centre, as part of its <"http://www.un.org/apps/news/newsmakers.asp?NewsID=13">Newsmaker profile series.

Nine senior commanders, including three former heads of State, were indicted during the trials, and five were convicted.

Initially, the country was not behind the prosecution of its former leaders, Mr. Moreno-Ocampo recalled, noting that even his own mother criticised the proceedings.

"I could not convince my own mother, so it was not easy. But when the trial started, the most interesting lesson I learned was that the trial educated the entire population," he said. "In fact, my mother called me two weeks after the trial started and said 'you were right, I was wrong.'"

Mr. Moreno-Ocampo thought prosecuting the junta trials, at the age of 32, was the peak of his career. But that was until he received a call from the ICC six years ago.

"The job was an extremely exciting opportunity. I think it's the most fascinating legal institution ever created," he said of the Court, set up by the 1998 Rome Statute to help end impunity for the perpetrators of war crimes, crimes against humanity and genocide.

As Prosecutor, he has opened investigations in the Central African Republic (CAR), the Democratic Republic of the Congo (DRC) and Uganda, as well as in Sudan's strife-torn Darfur region.

As he had during the junta trials in Argentina, Mr. Moreno-Ocampo again went after those alleged to have sent out orders to commit some of the worst atrocities imaginable, the most high-profile being Sudanese President Omar Al-Bashir.

"I focused on the top people. Because of my experience in Argentina I knew we could not prosecute middle- ranking officers, which made our lives more difficult," he said.

"The most important issue is to prove that what happened in Darfur is a massive campaign against the civilians orchestrated by the top leader of the country, because that has important consequences."

In March, ICC judges issued an arrest warrant for Mr. Al-Bashir, the first sitting head of State to be indicted by the Court, for alleged war crimes committed in Darfur, where an estimated 300,000 people have died and another 3 million have been displaced by fighting since 2003 between rebels and government forces and their allied Arab militiamen, known as the Janjaweed.

The Sudanese President has been indicted on two counts of war crimes and five counts of crimes against humanity, but the ICC pre-trial chamber found there was insufficient evidence to charge him with genocide, noting that if the prosecution presents additional evidence the warrant could be amended at a later date.

"The important thing is for the international community to send a strong message that this cannot happen, a head of State cannot commit crimes against his own citizens, and he has to be stopped," stressed the Prosecutor. "Omar Al-Bashir has to face the Court."

Mr. Moreno-Ocampo stressed this point again as he updated the Security Council today on his investigations into crimes in Darfur.

"International experiences as the case of Slobodan Milosevic and Charles Taylor, or national experiences, tell us that the implementation of a judicial decision against a head of State is a process that can take time, months or years," he told the 15-member body.

"In the end, however, they all faced justice."

To date, six of the 13 men indicted by the ICC are still at large, including Mr. Al-Bashir. One has been confirmed dead and another suspected to have died, while four are in custody awaiting trial in The Hague.
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