Trial of Thomas Lubanga Dyilo: the Office of the Prosecutor finishes its case presentation
Situation: The Democratic Republic of the Congo
Case: The Prosecutor v. Thomas Lubanga Dyilo
Today, the Prosecution concluded the presentation of its case in the trial of Thomas Lubanga Dyilo, alleged founder and leader of the Union des patriotes congolais (UPC). Lubanga Dyilo 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). The trial started on 26 January 2009. The Defence is scheduled to start presenting its evidence in October 2009.
Over 22 weeks, during 74 days of hearings, the Chamber heard 28 witnesses called by the Office of the Prosecutor, including three experts. The Chamber also called two other experts to testify. The Defence team cross-examined all the witnesses presented by the OTP.
Twenty-five witnesses were granted protective measures. These measures included 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.
To date, 99 victims represented by three teams of legal counsel have been 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 warrant of arrest against Thomas Lubanga Dyilo was issued under seal on 10 February 2006 and was unsealed on 17 March 2006. On the same date he was surrendered to the Court and transferred to The Hague. Following the confirmation of charges hearing, Pre-Trial Chamber I committed him to trial. Trial Chamber I hearing this case is composed of Judge Adrian Fulford (presiding), Judge Elizabeth Odio Benito and Judge René Blattmann.
In his opening statement during the commencement of the trial, the Prosecutor considered that committing these alleged crimes was, “breaking the basic rules that the world established to protect those with the least power among us: little children.”
Two other cases in the situation in the DRC are being heard before the Court: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui and The Prosecutor v. Bosco Ntaganda. Both Germain Katanga and Mathieu Ngudjolo Chui are in the custody of the Court while Bosco Ntaganda remains at large.
For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 6 46 44 87 26 or at [email protected]