ICC Appeals Chamber: Mathieu Ngudjolo Chui will not remain in detention during the appeals phase

Situation: The Democratic Republic of the Congo
Case: The Prosecutor v. Mathieu Ngudjolo Chui

Today, 20 December 2012, the Appeals Chamber of the International Criminal Court (ICC) rejected the Office of the Prosecutor’s request to keep Mathieu Ngudjolo Chui in custody until the Chamber decides on its appeal of the immediate release decision following the acquittal of the person.

On 18 December 2012, Trial Chamber II had rejected the Prosecutor’s request to keep Mathieu Ngudjolo Chui in custody during the appeal against his acquittal. On 19 December 2012, the Prosecutor appealed the decision, requesting the Appeals Chamber to suspend its effects and to keep Mathieu Ngudjolo Chui in detention until the Chamber decides on the merits of the appeal. The Appeals Chamber rejected this request for suspensive effect in the absence of strong reasons in its support and found that the interest of Mr Ngudjolo Chui to be released immediately prevailed.

In accordance with Trial Chamber II’s orders, the Registry has started making the necessary arrangements to release Mr Ngudjolo Chui, taking his views into account. This could be done in a State which is obliged to receive him or in another State which agrees to receive him.

Background: On 18 December 2012, Trial Chamber II had acquitted Mathieu Ngudjolo Chui of three counts of crimes against humanity and seven counts of war crimes allegedly committed during an attack against the Bogoro village (Democratic Republic of the Congo) on 24 February 2003. Judges found that the Prosecution had not proved beyond reasonable doubt that Mathieu Ngudjolo Chui was responsible for the crimes committed during the attack.

Decision on the request of the Prosecutor of 19 December 2012 for suspensive effect

ICC press releases: ICC Trial Chamber II acquits Mathieu Ngudjolo Chui

Trial Chamber II dismisses request for Mathieu Ngudjolo Chui to remain in custody

For further information, please contact Sonia Robla, Chief of Public Information Section, International Criminal Court, by telephone at: +31 (0)70 515-8089 or 31 (0)6 46448726 or by e-mail at: [email protected] .

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