Trial of Thomas Lubanga Dyilo: The presentation of evidence stage is closed

ICC-CPI-20110520-PR671

Situation: The Democratic Republic of the Congo
Case: The Prosecutor v. Thomas Lubanga Dyilo

Today, on 20 May 2011, Trial Chamber I of the International Criminal Court (ICC), comprising Judge Adrian Fulford (Presiding Judge), Judge Elizabeth Odio Benito and Judge René Blattmann, ordered the closing of the presentation of evidence stage in the case The Prosecutor v. Thomas Lubanga Dyilo.

The Chamber has decided that the parties and participants to the trial will present their closing oral statements in public hearings on 25 and 26 August 2011. After the closing statements, the Trial Chamber will pronounce, within a reasonable period of time, its decision. The Chamber bases its decision only on the applicable law and on evidence submitted and discussed before it at the trial.

Lubanga Dyilo, alleged founder and leader of the Union des patriotes congolais (UPC), faces counts of war crimes consisting of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of the Congo (DRC). He was surrendered and transferred to the Court on 17 March 2006, upon a warrant of arrest issued by Pre-Trial Chamber I.

The trial started on 26 January 2009. Over the course of 220 hearings, the Chamber heard 36 witnesses called by the Office of the Prosecutor, including 3 experts, 19 witnesses called by the Defense and 3 witnesses called by the legal representatives of the victims participating in the proceedings. The Chamber also called 4 other experts to testify. The Judges ensured the respect of the rights guaranteed by the Rome Statute to each of the parties, including the right to cross-examine the witnesses.

During the trial, a number of protective measures were granted to certain witnesses, including voice and facial distortion and the use of pseudonyms. Exceptionally, a support assistant or psychologist was allowed to sit in the courtroom to support and monitor the witness. Thomas Lubanga and his Defence team were able to see all witnesses during their testimony, even though some of them required further special measures in the courtroom to avoid direct eye contact with the accused.

A total of 118 victims, represented by three teams of legal counsel, were authorised to participate in the trial. They have expressed their position on matters heard before the Chamber and were authorised to examine witnesses on specific issues.

The Trial Chamber issued 307 oral decisions, and 624 written decisions. The parties and participants before the Chamber exchanged more than 3,560 filings amounting to 52,803 pages.

To publicize the trial, especially during outreach sessions for the affected communities in the DRC, but also to serve the needs of international media, the Court produced 200 programmes for television and radio. In addition, these programmes were translated into local languages and broadcast on a weekly basis on community radio stations throughout the DRC. Overall, through the media, an estimated audience of 25 million was regularly informed.

The situation in the DRC was referred to the Court by the Government of the DRC in April 2004. The Prosecutor v. Thomas Lubanga Dyilo is one of the cases that arose from the situation in the DRC; others are The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui, The Prosecutor v. Callixte Mbarushimana and The Prosecutor v. Bosco Ntaganda. Bosco Ntaganda remains at large. Investigations are ongoing in the DRC.

For further information on this case, please click here.

For further information, please contact Fadi El Abdallah, Associate Legal Outreach Officer, by telephone at: +31 (0)70 515-9152 or by e-mail at: fadi.el-abdallah@icc-cpi.int.

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