May
04

Lubanga Defense Again Raises Concerns About Translation Errors

Thomas Lubanga Dyilo’s defense team again raised concerns about the accuracy of the translations and transcripts of the proceedings.  Defense counsel Catherine Mabile reported to the chamber that the defense had found “extremely important discrepancies” in the testimony of some witnesses.  It is unclear what the discrepancies were.  The Open Society Institute blogged the report here. The trial was previously stopped because of reported errors in translation and transcription which was blogged here, and by the Open Society Institute blog here.

The official languages of the International Criminal Court are English and French and all proceedings are simultaneously translated and transcribed in both languages.  Both transcripts are intended to be authoritative records of the trial proceedings.  Witnesses often testify in a third language so the possibility for errors and for entirely different translations of the testimony effects the quality of the record.

Thomas Lubanga is the first accused to come to trial in the International Criminal Court (ICC).  Lubanga was brought to the court in 2007, his trial commenced in January 2009.  The defense began to present its case in January 2010.  Lubanga was the leader of the Union of Congolese Patriots (UPC in French) in the Democratic Republic of Congo (DRC) and is accused of the war crime of recruiting, conscripting and using child soldiers.  The defense has contested the evidence that soldiers were younger than 15 at the time they joined the UPC and have asserted that some of the witnesses were not in fact in the UPC.

The ICC was created by the Treaty of Rome, and became effective when 60 nations ratified that treaty in July 2002.  The ICC has jurisdiction over crimes occurring after that date within the countries that have ratified the treaty or by nationals of countries that have ratified the treaty. The ICC can assert jurisdiction over cases when national authorities cannot or will not prosecute.  The ICC has investigations open in the DRC, Uganda, the Central African Republic, and has opened an investigation into the post-election violence in Kenya.  In addition to those nations which have signed the treaty, the ICC has an active investigation and indictments against three persons regarding Darfur, Sudan.  The Darfur situation was referred to the court by the Security Council of the United Nations and is different from the other cases because Sudan is not a signatory to the Treaty of Rome.  The ICC is seated in The Hague, The Netherlands.

Apr
18

Lubanga Prosecutor Offers Evidence of the Age of Child Soldiers

The Office of the Prosecutor in the Thomas Lubanga Case has offered additional evidence that the witnesses who testified in the prosecution case were child soldiers.  The defense had offered evidence that at least some of the witnesses were not young enough to be considered child soldiers under international law, and that others were not in fact soldiers.  The submission, reported here by the Open Society Institute, was made during a recess in the trial.

Thomas Lubanga Dyilo was the first person brought to the International Criminal Court (ICC) to face indictment.  He arrived in The Hague in 2007, and the trial commenced in January 2009.  In January 2010, the defense began to present its case.  The case recessed in March, for further investigation by the defense and is scheduled to resume later this week.

Lubanga is charged with crimes in the civil war in the Democratic Republic of Congo (DRC).  Lubanga is alleged to have used child soldiers and to have conscripted child soldiers in his rebel army.  Child soldiers are defined by the Rome Statute, the founding document of the ICC, as those under 15 years of age.  The medical evidence the prosecutor is offering claims the witnesses may have been as young as 10 or 11 at the time they were drafted into Lubanga’s army,  the Union of Congolese Patriots, (UPC).

The prosecution is asking the court for leave to offer certificates as to the age of the contested witnesses.  These certificates are based on the testimony of prosecution witnesses who testified in May 2009.  It is being offered during the defense case, instead of as rebuttal, though it is not clear why they did not seek to admit the evidence in May, or why they would not wait and offer it as rebuttal evidence after the close of the defense case.

Feb
16

Lubanga Trial Suspended over Transcription Errors

The Thomas Lubanga Dyilo case at the International Criminal Court in The Hague has been suspended over questions about the transcripts.  The court operates simultaneously in French, English, and whatever language a witness is testifying in.  The court reporters maintain transcripts in English and French based on the translations offered by the interpreters, both the French and English transcripts are intended to be authoritative.

Today, however, the court stopped the proceedings because of differences between the two official transcripts.  The defense noted differences between the French and English transcripts and asked the court to determine which accurately reflected the testimony given.  Most of the testimony was given in closed session so there is no public record of the errors.  One of the problems noticed was that the French transcript  contained the names of two persons named by a witness while the English transcript had only one.

A description of the proceedings is available here.  Lubanga is the first person to face trial at the ICC, he is accused of using child soldiers in his Union of Congolese Patriots army in the Democratic Republic of Congo.

Feb
13

Lubanga Defense Described as “Witnesses Lied, Lubanga Not Guilty”

The Open Society Institute offered its summary of the Lubanga defense on its Lubangatrial.org website, boiling down the arguments to “witnesses lied, Lubanga not guilty.” The website’s summary, and unofficial transcript of the opening argument of Catherine Mabille, defense counsel for Thomas Lubanga is available here.  Catherine Mabille is a Paris-based lawyer and argued in French, this appears to be a transcription of the translation, though is not the court’s official transcript.

In the time that the defense has been offering witnesses, since this opening statement they have had one witness testify that he was paid $200 to lie and state that he had been a child soldier in Lubanga’s Union of Congolese Patriots (UPC) army, a rebel force in the Democratic Republic of Congo.  When asked if he had been paid to lie on behalf of the UPC, the witness claimed he asked for money from the UPC, but they would not give it to him.

Another witness testified that his son lied about being a child soldier in the UPC. A third witness testified over three days that he children were not conscripted into the UPC, but also testified that some joined willingly, which would seem to harm at least part of Lubanga’s  case.

The testimony that parties working on behalf of the ICC brought a question to the Office of the Prosecutor from Judge Adrian Fulford, who demanded to know if the prosecutor was going to produce the people who were alleged to have paid for false testimony.  Fulford said “Are we going to hear from them?  If so, when?”  The judge apparently suggested that the court might have a difficult time rejecting the testimony of witness bribery without hearing from the people who are alleged to have bribed witnesses.  The OSI’s summary is available here.

Thomas Lubanga Dyilo is the first defendant to face trial at the International Criminal Court for war crimes.  Lubanga is accused of conscripting, enlisting and using child soldiers in his UPC army.  Lubanga was brought to the court in May 2007, his trial began in January of 2009.  The defense began presenting its case in January 2010, after a few victims testified on their own behalf seeking reparations.   The court is intended to be a permanent place to prosecute charges of war crimes, crimes against humanity and genocide.

The court has a unique feature, never seen in international law before, allowing the victims of war crimes to seek reparations from a fund supported by the state’s parties who fund the court, charitable donations and the fines and fees paid by those convicted.  Reparations may include financial support, psychological and physical rehabilitation services.  The reparations process also includes the appointment of counsel funded by the court to represent the victims in pursuing their claims.

Feb
11

Lubanga Defense Witness Testifies for Third Day at the ICC

Lubanga defense witness Claude Nyeki Django testified for the third day that Thomas Lubanga’s Union of Congolese Patriots (UPC) did not draft child soldiers.  The proceeding stopped for a time because Django broke down on the stand for a second time.  After meeting with a psychologist from the Victims and Witness Unit  (VWU) of the International Criminal Court (ICC), Django continued his testimony.  Curiously, Django said children voluntarily joined Lubanga’s army, which may not be a very good defense.  The public portions of Django’s testmony are recounted on Day One, Day Two and Day Three of his testimony.

Django’s testimony is essentially that he never served in the UPC, and was never in the armed forces at all, but was lured into a group who claimed that he had been a child soldier and he was portrayed as such by this group.

Thomas Lubanga Dyilo was the leader of the UPC in the Democratic Republic of the Congo.  He was brought before the court in 2007, and is the first person to face trial at the ICC.  Lubanga’s trial commenced in January of 2009 and the defense began presenting its case in January 2010.  Lubanga is accused of conscripting, enlisting, and using child soldiers, which is a war crime.  This witnesses testimony appears directed at the idea of cosncripting child soldiers, though he appears to admit there were child soldiers present to his knowledge, which would appear bad for Lubanga on the charges of enlisting and using child soldiers.

The court sits as a three judge panel, who will have to determine at the close of the case if the Office of the Prosecutor has proved its case beyond a reasonable doubt.  If they make a finding of guilt the trial will then move on to a reparations phase where the victims who have been granted leave to participate in the case will have an opportunity to seek reparations from the victims fund and from any assets of Lubanga’s.  The ICC is permanent court seated in The Hague, Netherlands to hear accusations of war crimes, crimes against humanity and genocide, where the crimes are not likely or capable of being prosecuted by national authorities.

Feb
08

International Criminal Court Finds For Abu Garda

The Interational Criminal Court, pre-trial chamber I today ruled that the Office of the Prosecutor had not provided sufficient evidence to continue the case against Bahar Idriss Abu Garda for trial.  Abu Garda was the first case from the Sudan to come before the court. He appeared voluntarily with counsel in May of 2009 and has been in The Hague, though not in custody since then.

Abu Garda was charged with three war crimes, violence to life, directing attacks against peacekeeping forces, and pillaging.  The court found there was not sufficient evidence presented at the confirmation of charges hearing to require a trial.

The International Criminal Court uses a three stage process, a warrant and indictment can issue if there are “reasonable grounds” to believe the person committed war crimes or crimes against humanity.  Once the accused is before the court, then there is a confirmation of charges hearing where the accused can participate and challenge the evidence, if after that hearing the court determines there is “substantial grounds” to believe the person is guilty of the crimes charged then a trial may be held where the prosecutor must prove the case beyond a reasonable doubt.

It was at this second stage where the court found for Abu Garda and essentially dismissed the charges.  This hearing, the equivalent of a probable cause hearing in an American court case may end the case against Abu Garda, although the prosecutor has the right to appeal the determination, and may ask to reopen if they can provide new evidence of Abu Garda’s involvement or command responsibility for the alleged war crimes.

The court’s press release regarding the decision is available here, the order itself is here, and the court’s fact sheet on the case is located here.  Abu Garda is the fifth person brought to the court to face charges of war crimes, and the first to win the confirmation of charges hearing.

The court has previously confirmed charges against Thomas Lubanga of the Democratic Republic of Congo and against Germain Katanga and Matthieu Ngdolo Chui also of the Democratic Republic of Congo.  Lubanga’s defense team is currently presenting its case, and Katanga and Chui are being tried together, their trial recently resumed.  The court has also confirmed the charges against Jean-Pierre Bemba Gombo of the Central African Republic who is awaiting the start of trial.

The president of Sudan, Omar Hassan Ahmad Al Bashir and a cabinet official, Ahmad Harun have also been indicted by the court for war crimes as has a rebel leader, Ali Kushayb.  None of them has yet appeared before the court to face the charges.

Feb
06

Prosecutors Admonished for Late Disclosure in Lubanga Case

Judge Adrian Fulford, lead judge on the three judge panel sitting at the International Criminal Court to hear the case against Thomas Lubanga inquired of the prosecutors why they were late in disclosing evidence to the defense.  The defense complained that the late disclosure of information relating to their witnesses just before the witnesses were to be called made preparing the direct of the testimony difficult.

The prosecution apparently had information relating to the witnesses and other witness that was not disclosed until last week.  Judge Fulford said the information should have been disclosed by December of 2009 “if not substantially earlier.”  A full report of the case is available here.  The size and complexity of these cases make them difficult for both sides.  The prosecution has an advantage in staff and information. There is a great deal of information and a number of sources to keep track of as the investigations progress.  The trial in this case started in January 2009, Lubanga was brought before the court in 2007 and has been in custody since then.

Lubanga is the first person to go on trial at the International Criminal Court. Lubanga is accused of using child soldiers in his rebel army in the Democratic Republic of Congo.

Feb
06

Lubanga Defense Witness Claims Son Lied To ICC

A witness called by the defense testified that his son, who appeared as a prosecution witness lied to the court when he testified about being a child soldier in Thomas Lubanga’s army.  Lubanga is the first person to face trial at the International Criminal Court.  Lubanga, from the Democratic Republic of Congo is accused of using child soldier in his rebel army.  Lubanga was brought to the court in 2007, his trial began in January 2009, in January of 2010, the defense began presenting its case.  Lubanga was the head of the Union of Conoglese Patriots (UPC in French).

A detailed account of the day’s testimony is available here. The prosecutor cross examined the man arguing that because he did not report the allegedly false testimony to the police or ICC officials that he may not be telling the truth about his son’s testimony.

There is one other case in trial at the International Criminal Court, also from the Democratic Republic of Congo.  There is one defendant before the court from Sudan, and one from the Central African Republic.  The five accused from Uganda have not been brought before the court.  There are three accused from the Sudan with open arrest warrants who have not yet been brought to the court.  There is one accused from the Democratic Republic of the Congo who is still at large.

Situations before the ICC can be referred by the state parties who have signed on to the treaty establishing the court or by the United Nations Security Council.  The court is intended to be permanent and to investigate and prosecute war crimes, crimes against humanity and genocide that are not prosecuted under any national authority.

Jan
26

Victims Called back by Defense in Lubanga Case

The defense in the Thomas Lubanga case called two of the witnesses back to testify.  The victims had testified last week on their own behalf, as part of the court’s process allowing victims to seek reparations.  The victims had previously testified in closed session and were questioned again in closed session so it is not clear what the substance of the testimony was.

The court allows victims seeking reparations to participate anonymously and allows questioning in closed session to protect the identity of victims.  Some details of the day’s events are here.

Thomas Lubanga is the first case to go to trial at the International Criminal Court and these victims are the first to use the court’s process to seek reparations.  Thomas Lubanga is accused of using child soldiers in the Democratic Republic of Congo and was brought to the court in 2007 his trial started in January 2008.

Jan
22

Third Lubanga Victim Testifies Seeking Reparations

A third child soldier victim of Thomas Lubanga testified about the treatment of young soldiers at the direction of Lubanga.  The victim testified about his abduction and conscription into the Union of Congolese Patriots (UPC in French).  A detailed report on the day of testimony is available here.

The testimony is part of the court’s unique process allowing the victims to participate in the case as it goes on, and to seek reparations.  The reparations will be funded by the victims fund, persons convicted may be directed to contribute by paying fines as well as serving sentences, but the fund will also be supported the state’s parties.

Persons who have a potential claim before the court can seek victim’s status and appointed counsel to represent their interests.  A person who applies may choose their own lawyer at the time of the application, or they will be assigned to the Office of the Public Counsel for Victims, which will handle the case within their pool of cases.

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