International Justice Monitor

A project of the Open Society Justice Initiative

Bemba’s Lawyers Continue to Seek Stay Proceedings in War Crimes Trial

For the second time since International Criminal Court (ICC) judges stopped receiving evidence in Jean-Pierre Bemba’s war crimes trial, his lawyers are fighting to secure a stay of proceedings, this time citing late disclosure of evidence by the prosecution.

This application comes days after trial judges dismissed the first defense motion for a stay of proceedings, which was filed last December and cited abuse of process and breach of privileges and immunities by the prosecution. In a June 17, 2015 ruling, trial judges Sylvia Steiner (presiding), Kuniko Ozaki, and Joyce Aluoch found that the defense failed to substantiate the potential or actual impact of prosecution measures that justified a stay of proceedings.

“Nearly three years after the start of the defense case, … Continue Reading

Leave a comment

Bemba’s Lawyers and Aides Could Be Sent Back to ICC Detention

Appeals judges have found that a pre-trial judge made three errors last October when he ordered the interim release of Jean-Pierre Bemba’s four co-accused from International Criminal Court (ICC) detention.

In separate May 29 rulings, the judges reversed two decisions that ordered the interim release of Mr. Bemba, his two former lawyers, and two other associates from court custody. While the Appeals Chamber found that it would not be in the interests of justice to rearrest four of the suspects, given the time that had passed since they were released; it did remand the matter to the trial chamber to determine whether those who were released should be rearrested.

The five accused go on trial this September for corruptly influencing witnesses by giving them money … Continue Reading

1 Comment

Bemba’s Second ICC Trial to Open in September

The witness and evidence tampering trial of former Congolese opposition leader Jean-Pierre Bemba and his four former associates opens this September at the International Criminal Court (ICC), the court announced today.

Today, judges instructed the prosecution to file a list of evidence to be relied on at trial, as well as a list of witnesses, by June 30, three months ahead of the September 29 trial opening date.

Those to be tried alongside Mr. Bemba include Aimé Kilolo Musamba, former head of the legal team that defended Mr. Bemba in a war crimes trial at the court, and Jean-Jacques Mangenda Kabongo, previously the case manager on that defense team. They also include a former defense witness and a member of the Congolese … Continue Reading

Leave a comment

Appeals Judges Decline to Release Bemba From ICC Detention

Appeals judges at the International Criminal Court (ICC) have rejected Congolese opposition leader Jean-Pierre Bemba’s appeal for interim release.

In a unanimous decision, a summary of which was issued in court this morning, the appeals chamber agreed with trial judges that Mr. Bemba should remain in detention pending the verdict of his trial for war crimes and crimes against humanity.

Mr. Bemba has been in detention in The Hague since 2008, following his arrest in Belgium, where he maintains a residence, and transfer to the court.

Last December, trial judges declined to release him on bail, saying this was to ensure his appearance at trial. They argued that the end of the presentation of evidence phase of the proceedings and commencement of deliberations was … Continue Reading

Leave a comment

Bemba and His Former Lawyers Fear Continued Surveillance

Jean-Pierre Bemba and his former lawyers with whom he faces an impending trial at the International Criminal Court (ICC) are wary that their communications are still under surveillance at the behest of the prosecution.

However, the Office of the Prosecutor (OTP) has denied that the communications of Mr. Bemba, his former lead defense counsel Aime Kilolo Musamba, and case manager Jean-Jacques Mangenda Kabongo, are still being monitored. The prosecution also said there was no ongoing monitoring of the communications of former defense witness Narcisse Arido and Congolese parliamentarian Fidèle Babala Wandu.

The five individuals are due to go on trial later this year for corruptly influencing witnesses who testified in the trial of Mr. Bemba, a former vice president of Congo whose … Continue Reading

Leave a comment

Prosecutor to Call Eleven Witnesses in Bemba’s Second Trial

The International Criminal Court (ICC) prosecutor intends to call 11 witnesses to testify against Jean-Pierre Bemba and his four former associates on charges of witness and evidence tampering. However, trial judges have suggested this number is too high and that the trial needs to “begin and proceed immediately.”

During a status conference held today, prosecution lawyer Kweku Vanderpuye stated that the 11 witnesses they intended to call included three expert witnesses.

According to defense lawyers for the five accused persons, all the material related to the prosecution’s witnesses should be disclosed in “sufficient time” to allow them to analyze the evidence and conduct their own investigations. The prosecution said it had completed 90 to 95 percent of disclosures.

Taking into account written and oral submissions made by … Continue Reading

Leave a comment

Second ICC Trial Looming for Bemba

A second trial for Jean Pierre Bemba at the International Criminal Court (ICC) is now imminent after the court’s Presidency named judges to try the Congolese opposition leader and his four associates. Trial Chamber VII was constituted after a pre-trial judge rejected their bid to appeal the confirmation of charges decision.

Judge Chile Eboe-Osuji will preside over the trial of the five individuals accused of corruptly influencing witnesses that testified in Mr. Bemba’s trial for war crimes and crimes against humanity at the ICC. The other judges that make up the chamber are Olga Herrera Carbuccia and Robert Fremr.

Last November, the pre-trial chamber found that there were reasonable grounds to believe that Mr. Bemba, his two former lawyers Aimé Kilolo Musamba … Continue Reading

3 Comments

Bemba Takes Interim Release Bid to Appeals Judges

Jean-Pierre Bemba has taken his bid for interim release from International Criminal Court (ICC) detention to the appeals chamber after trial judges rejected his application to be freed on bail just before Christmas Day.

Mr. Bemba, the leader of the Movement for the Liberation of Congo (MLC), has been in detention in The Hague since 2008. He had requested to be freed provisionally either to Portugal or Belgium for the period of the deliberations prior to rendering of a judgement on charges of war crimes and crimes against humanity.  Alternatively, he appealed for release for the period of the judicial winter recess and during the weekends prior to rendering of the judgement.

However, in their ruling last December 23, judges determined that there … Continue Reading

1 Comment

Bemba Faces Second ICC Trial on Charges of Corrupting Witnesses

International Criminal Court (ICC) judges have confirmed charges of corruptly influencing witnesses against Jean-Pierre Bemba and four associates and committed them to trial.

Pre-Trial Chamber II found that there were reasonable grounds to believe that Bemba, his two former lawyers, a defense witness and Congolese parliamentarian, implemented a “strategy” to present false evidence in Bemba’s ongoing trial for war crimes and crimes against humanity.

The alleged crimes involved the corruption of 14 witnesses between 2011 and November 2013 in various locations, including the Netherlands, Belgium, Sweden, Portugal, the Republic of Congo, the Democratic Republic of Congo and Cameroon.

The witnesses involved are ‘Witness D04-02,’ ‘Witness D04-03,’ ‘Witness D0d-04,’ ‘Witness D04-06,’ ‘Witness D04-13,’ ‘Witness D04-15,’ ‘Witness D04-23,’ ‘Witness D04-25,’ ‘Witness D04-29,’ ‘Witness D04-54,’ ‘Witness … Continue Reading

3 Comments

Defense Lawyers Ask ICC Judges to Acquit Bemba

Defense lawyers have implored judges at the International Criminal Court (ICC) to acquit Jean-Pierre Bemba, stating that the prosecution failed to prove its allegations against the former Congolese opposition leader.

In closing oral remarks at the court in The Hague, lead defense lawyer Peter Haynes said the prosecution’s evidence was “selective, narrow,” and “unfair” and added that if Mr. Bemba is convicted, countries would find it difficult to offer military assistance to others however righteous the cause might be.

Prosecutors charge that Mr. Bemba as commander-in-chief of the Movement for the Liberation of Congo (MLC) militia bears responsibility for the murder, rape, and pillaging his soldiers committed during a conflict in the Central African Republic (CAR) in 2002 and 2003. The soldiers … Continue Reading

5 Comments