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ICC Press Release: The commencement of the trial in the case The Prosecutor v. Jean-Pierre Bemba Gombo is postponed
07 July 2010
Please find below the latest press release issued by the International Criminal Court (ICC)announcing the postponement of the opening of the Bemba trial.
This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.
Please also 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.
ICC PRESS RELEASE AND RELATED DECISIONS
i. "The commencement of the trial in the case The Prosecutor v. Jean-Pierre Bemba Gombo is postponed," ICC Press release, ICC-CPI-20100707-PR554, 7 July 2010, http://www.icc-cpi.int/NR/exeres/A092E2A4-3198-4DC2-9CF6-C060541B9032.htm
"Today, 7 July, 2010, Trial Chamber III of the International Criminal Court (ICC) vacated the commencement date, scheduled on 14 July, of the trial in the case of The Prosecutor v. Jean-Pierre Bemba Gombo. Trial Chamber III considered that it is in the interests of justice for the challenge to admissibility of the case raised by the Defence to be resolved by the Appeals Chamber prior to the commencement of the trial.
On 24 June, 2010, Trial Chamber III had dismissed the admissibility and abuse of process challenges, raised by the Defence. The latter filed an appeal against this decision on 28 June, followed by a request for suspensive effect of the appeal on 5 July, 2010. In its order issued today, Trial Chamber III explained that it would be inappropriate to commence the trial when there is an outstanding issue for determination by the Appeals Chamber as to whether the proceedings should be suspended and pending the outcome of the substantive appeal.
Trial Chamber III convened a status conference on 30 August, 2010, when, inter alia, it will hear submissions on re-fixing the trial date.
The Chamber also requested the parties and participants to submit observations on the detention of the accused, in the context of the periodic review of the matter that has to take place at least every 120 days as provided for by rule 118 of the Rules of Procedure and Evidence.
Jean-Pierre Bemba Gombo is alleged to be criminally responsible for having effectively acted as a military commander within the meaning of article 28(a) of the Rome Statute for two crimes against humanity (murder and rape) and three war crimes (murder, rape and pillaging) allegedly committed on the territory of the Central African Republic during the period approximately between 26 October, 2002 and 15 March, 2003.
After his arrest by the Belgian authorities in accordance with a warrant of arrest issued by the Pre-Trial Chamber of the ICC, he was transferred to the Court on 3 July, 2008. He is currently being detained at the ICC Detention Centre in The Hague. ..."
ii. "Order postponing the commencement of the trial," ICC-01/05-01/08-811, ICC trial chamber III, 7 July 2010, http://www.icc-cpi.int/iccdocs/doc/doc905652.pdf
iii. "Decision on the Admissibility and Abuse of Process Challenges," ICC-01/05-01/08-802, ICC Trial Chamber III, 24 June 2010, http://www.icc-cpi.int/iccdocs/doc/doc899684.pdf
iv. "Defence Notice of Appeal Against the Decision of Trial Chamber III of 24 June 2010 entitled Decision on the Admissibility and Abuse of Process Challenge," ICC-01/05-01/08-804, Defence Team for Mr Jean-Pierre Bemba Gombo, 28 June 2010, http://www.icc-cpi.int/NR/exeres/2641B0A2-58C1-4389-9B29-E710AC5D2F9F.htm
v. "Demande de l'effet suspensif relatif à l'Acte d'Appel de la Défense contre la décision de la Chambre de Première Instance III du 24 Juin 2010 intitulée 'Decision on the Admissibility and Abuse of Process Challenge'," ICC-01/05-01/08-809, Defence Team for Mr Jean-Pierre Bemba Gombo, 5 July 2010, http://www.icc-cpi.int/NR/exeres/615E0BB8-9D94-40B2-B1D5-DB2202D1B479.htm
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.
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