On 29 September 2022, based on thorough legal and factual analysis of the information available, the Office of the Prosecutor concluded that there was not a reasonable basis to believe that potential case(s) arising from an investigation of the situation would be admissible. This was because, based on an assessment of the facts as they presently exist, the national authorities of Guinea could not be characterised as being inactive, nor unwilling or unable to genuinely investigate and prosecute relevant Rome Statute crimes. Accordingly, the Prosecutor decided to close the preliminary examination, subject to possible reconsideration upon a significant change of circumstances.
Jurisdiction – General status
Guinea deposited its instrument of ratification to the Rome Statute on 14 July 2003. The ICC may therefore exercise its jurisdiction over Rome Statute crimes committed on the territory of Guinea or by its nationals from 1 October 2003 onwards.
Procedural history and focus of the preliminary examination
The preliminary examination of the situation in Guinea was announced on 14 October 2009 and focussed on alleged Rome Statute crimes committed in the context of the 28 September 2009 events at the Conakry stadium.
The Office of the Prosecutor concluded that the information available provided a reasonable basis to believe that the following crimes against humanity were committed in the national stadium in Conakry on 28 September 2009 and in its immediate aftermath: murder under article 7(1)(a); imprisonment or other severe deprivation of liberty under article 7(1)(e); torture under article 7(1)(f); rape and other forms of sexual violence under article 7(1)(g); persecution under article 7(1)(h); and enforced disappearance of persons under article 7(1)(i) of the Rome Statute.
During the course of the preliminary examination, the Office emphasised its support to the Guinean authorities to hold the alleged perpetrators accountable, and that it stood ready to support the domestic endeavours to guarantee a fair and impartial trial. The Office also repeatedly stressed that, if such efforts failed to materialise, it stood ready to request authorisation for the opening of an investigation.
On 29 September 2022, the Prosecutor announced that, with the opening of the domestic trial related to events of 28 September 2009 in Guinea, the national authorities of Guinea are not inactive, nor unwilling nor unable to genuinely investigate and prosecute the alleged crimes committed. Accordingly, the Prosecutor decided to close the preliminary examination, subject to possible reconsideration upon a significant change of circumstances.
To ensure that progress is sustained, the announcement of the closure of the preliminary examination was accompanied by the signature of a Memorandum of Understanding with the Guinean authorities to ensure accountability for crimes committed in the context of the events of 28 September 2009 and to deepen the collaboration with the Office.
Statement by ICC Prosecutor Karim A.A. Khan KC regarding the opening of the trial related to events of 28 September 2009 in Guinea, signature of Agreement with Transitional Government on complementarity and closure of the Preliminary Examination