Press Release: 18 December 2012

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


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

Today, 18 December 2012, Trial Chamber II of the International Criminal Court (ICC) decided that Mathieu Ngudjolo Chui will not remain in custody pending the Prosecutor’s appeal of the verdict acquitting him. This decision was announced in public this afternoon by Presiding Judge Bruno Cotte and may be subject to appeal pursuant to article 81-3-c of the Rome Statute, the founding treaty of the ICC.

Ruling on the request of the Prosecutor to maintain Mathieu Ngudjolo Chui in detention, Trial Chamber II considered that there are no exceptional circumstances which would justify the continued detention of Mr Ngudjolo Chui. It also stressed that freedom was the rule and detention the exception.

Judges requested the Registry to make the necessary arrangements to release Mr Ngudjolo Chui following his acquittal. This should be done taking into account the views of the person, to a State which is obliged to receive him, or to another State which agrees to receive him.

This morning, 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 allegedly committed during the attack.

During this morning’s hearing, the Prosecutor had indicated her intention to appeal the acquittal and to ask the Appeals Chamber to suspend the effects of the acquittal until it decides on the merits of the appeal.

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

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: [email protected].

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