Showing posts with label Bemba series. Show all posts
Showing posts with label Bemba series. Show all posts

Pretrial proceedings in Prosecutor v. Bemba

(Final post in IntLawGrrls' 3-part preview series on an ICC hearing set for this week in the sole case so far charged in the Central African Republic referral.)

With the International Criminal Court set to begin a 3-day confirmation-of-charges hearing in Prosecutor v. Bemba in 3 hours at The Hague courthouse at left (streaming webcast available, in French or English, here), a review of pretrial proceedings will help to place the hearing in context.
Since the initial appearance before the ICC of Jean-Pierre Bemba Gombo, on July 4, 2008, Pre-Trial Chamber III has been responding to filings by defense counsel, the prosecution, and the Victim’s Legal Representative. Major points of contention during this litigation have included:
► disclosure of evidence (also a key issue in the ICC proceedings in Lubanga);
► extent of victims’ participation in the proceedings (a contentious subject at the Court, as seen here); and
► interim release.
Each will be considered in turn.

Evidence disclosure

In July 2008, another Pre-Trial Chamber, II, issued a decision setting guidelines to govern the disclosure of evidence between the parties. This decision established the Registry as the facilitator of disclosure, and mandated an analysis of each piece of disclosed evidence. Since then, the prosecution has made available to the defense approximately 2,100 pieces of evidence, pursuant to Rules 77 and 67(2) of the ICC Rules of Procedure. Notwithstanding that Pre-Trial Chamber III has rejected the defense request for return of certain materials allegedly seized from Bemba — among the materials are a laptop containing a file marked “CPI [ICC],” as well as videotapes and documents respecting Mouvement de Libération du Congo soldiers said to have committed crimes in the Central African Republic — disclosure has not garnered nearly the attention as its garnered in the Lubanga case. That will undoubtedly change during the lead-up to trial.

Victim participation
To date, Judge Hans-Peter Kaul (right), the single judge responsible in Bemba for deciding all matters relating to victims’ participation, has recognized 54 individuals as possessing the status of victims who have the right to take part in the confirmation hearing. In his most recent victims' participation decision, he denied a number of requests by the Office of the Public Counsel for Victims, or OPCV. Kaul maintained that the requests displayed a tendency to disregard the letter, spirit, and guidance provided in the ICC's Fourth Decision on Victims’ Participation. The OPCV had sought the right to intervene during the confirmation hearing on questions of jurisdiction and admissibility, the right to file written submissions during the confirmation hearing, and permission to view statements of those victims who are also witnesses in the case. Finding these requests "questionable" in light of the Fourth Decision, Kaul sternly reminded the OPCV of its obligation to implement his decisions on victims’ participation.

Interim release
In his application for interim release, Bemba had argued, first, that the arrest warrants against him were void; and, alternatively, that he should be released pending trial. In December 2008, Judge Ekaterina Trendafilova reaffirmed a prior confidential ruling by Kaul, and thus denied Bemba’s application on both grounds. Basing her decision upon the issuance of an arrest warrant against Bembaby Pre-Trial Chamber III, Trendafilova found that continued detention was warranted on the bases of:
► the international connections of the accused;
► the accused's access to financial resources; and
► the severity of the charges.
Together, she wrote, these factors rendered the flight of the accused a "real possibility." Trendafilova also accepted the Prosecutor’s argument that, on account of his political position and networks in both the Democratic Republic of Congo, Bemba would be able unduly to influence victims and witnesses if he were at large prior to trial.

(Part 1 of this 3-part Bemba series is here; Part 2 is here)


Roadmap to ICC's Bemba charges hearing

(The 2d in IntLawGrrls' 3-part series previewing an ICC hearing set for this week in the sole case charged in the Central African Republic referral)

In her Decision on the Schedule for the Confirmation of Charges Hearing issued 13 days ago, International Criminal Court Judge Ekaterina Trendafilova (right) provided a roadmap to the four-day proceeding on the confirmation of charges in the case of Prosecutor v. Jean-Pierre Bemba Gomba that is set to begin this Monday in Pre-Trial Chamber III. The hearing will provide the prosecution an opportunity to outline the evidence underlying the charges against Bemba, and further will give Bemba's defense team an opportunity to respond.
According to Pre-Trial Chamber I, the purpose of the confirmation of charges hearing is

limited to committing for trial only those persons against whom sufficiently compelling charges going beyond mere theory or suspicion have been brought.
On the first day of the hearing, the prosecution and the defense are expected each to make one-hour opening statements. The Victim’s Legal Representative also is scheduled to make an opening statement, of 30 minutes. For the remainder of the first day and the entirety of the following two days, we can anticipate exchanges between the prosecution and the defense on matters concerning:
► jurisdiction, admissibility and procedure;
► evidence on charges related to crimes against humanity, war crimes; and
► evidence related to Bemba’s alleged individual criminal responsibility.
Pursuant to Article 61 of the Rome Statute of the International Criminal Court, the prosecution is supposed open each exchange by attempting to provide “sufficient evidence to establish substantial grounds to believe that [Bemba] committed the crime[s] charged.” Bemba’s legal team then is to respond to the Prosecutor’s evidence, by objecting to the charges, challenging the evidence, or presenting evidence.
The four-day hearing is due to conclude on Thursday, following scheduled one-hour closing statements by the prosecution and the defense as well as a 30-minute closing by the Victim’s Legal Representative.
(In total, the Prosecution will have 7 hours to present its case and the Defense will have 7 1/2. In rejecting the Defendant’s request for 12 hours, Judge Trendafilova found insufficient justification to “disrupt the equality between the parties.” Though the defense also argued that the prosecution should be required to present its entire case prior to the Defendant’s response, Judge Trendafilova ruled that Bemba’s “right speak last” (found in Rule 122(8) of the ICC’s Rules of Procedure and Evidence was preserved by giving him an opportunity to respond after the Prosecution’s presentation on each count.) Each day of the confirmation of charges hearing can be watched via live streaming from the ICC’s website here, beginning at 9:30 a.m. Hague time. PDF transcripts are to be posted thereafter.
Pre-Trial Chamber III is expected to issue a decision -- like that issued by Pre-Trial Chamber I in Lubanga -- on whether there is sufficient evidence to believe that Bemba committed each of the crimes with which he is charged. Following that determination, with regard to any or all of the charges, the Chamber can:
► confirm the charges and refer the matter to a trial chamber to be constituted by the Presidency;
► decline to confirm the charges; or
► adjourn the hearing and request that the Prosecutor provide additional evidence, conduct further investigation or amend the charge.

(Here is yesterday's 1st post in IntLawGrrls' Bemba series.)

ICC charge confirmation hearing in Bemba

(This is the 1st in IntLawGrrls' series previewing an ICC hearing set for next week in the sole case so far charged in the Central African Republic referral)

Just before New Year's Day, Pre-Trial Chamber III of the the International Criminal Court announced that the confirmation of charges hearing in the case of Prosecutor v. Jean-Pierre Bemba Gombo will be held Monday to Thursday of next week.
The charges arise from the investigation of the situation in the Central African Republic, which was begun by the ICC’s Office of the Prosecutor in January 2005 and on which IntLawGrrls previously posted here. Bemba (above left), an “alleged national” of the Democratic Republic of Congo, was seized pursuant to a May 23, 2008 arrest warrant charging that he was involved in war crimes and crimes against humanity within the territory of the Central African Republic. The latter, conflict-ridden country had referred the situation, for a period from July 1, 2002, onward to the international court in 2005, on the ground that its courts lacked the capacity to prosecute. (photo credit)
Bemba is the first case to arise from this referral. Bemba had formed the Mouvement de Libération du Congo, or MLC, in 1998 as a party to the civil war that raged in the DRC between 1998 and 2003. In 2002, Ange-Félix Patassé, then the President of the Central African Republic (now, in exile in Togo, ever since a 2003 coup), asked for Bemba’s assistance in quashing a rebel movement. While the MLC was active in the Central African Republic -- between October 25, 2003, and March 15, 2003 -- Bemba is alleged by the ICC Prosecutor to have orchestrated the Mouvement's campaign of rape, torture, pillage and outrages upon personal dignity in the localité of PK12 as well as the towns of Bossangoa and Mongoumba.
After losing his bid to become President of the Democratic Republic of Congo in 2006, Bemba served as senator until January 2007, when he was escorted by U.N. forces to Portugal, ostensibly for “health reasons.” Six months later, the DRC issued an arrest warrant charged him with high treason. On May 24, 2008, Belgian police arrested Bemba outside of Brussel pursuant to the ICC’s arrest warrant. Having been placed in custody, Bemba first appeared before Pre-Trial Chamber III on the U.S. Independence Day, July 4, 2008.

(Next in this 3-part preview series: A roadmap to this week's hearing on confirmation of charges)


 
Bloggers Team