Bemba case: The judges ask the Prosecutor to submit an amended document containing the charges
Situation: Central African Republic
Case: The Prosecutor v. Jean Pierre Bemba Gombo
Pre-Trial Chamber III have decided to adjourn the confirmation of charges hearing in the case of The Prosecutor v. Jean-Pierre Bemba Gombo and to ask the Prosecutor to consider submitting an amended document containing the charges.
Article 61 (7) (c) of the Rome statute provides for this option.
In the decision of 4 March 2009, the Chamber indicates that the evidence submitted by the Prosecutor appears to establish that a different crime, within the jurisdiction of the Court, was committed. The Judges consider, without any predetermination on the alleged individual criminal responsibility of Mr Bemba (article 25 of the Statute), that the legal characterisation of the facts of the case may amount to a different type of responsibility, namely the criminal liability as a commander or superior (article 28 of the Statute). Therefore, the Judges request the Prosecutor to consider submitting no later than 30 March 2009 a document amending the charges, in order to address this issue.
The Chamber invites the Defence to respond to this new document by way of written submissions no later than 24 April 2009, and the legal representatives for victims to submit written observations, no later than 9 April 2009.
Finally, the Judges decided that the 60-day period for the issuance of the decision on the potential confirmation of charges that will start running anew as of the date of receipt of the last written submission.
Context
The confirmation of charges hearing in the case of The Prosecutor v. Jean-Pierre Bemba Gombo took place before Pre-Trial Chamber III, from 12 to 15 January 2009, in The Hague.
Jean-Pierre Bemba Gombo, national of the Democratic Republic of Congo (DRC), President and Commander-in-Chief of the Mouvement de Libération du Congo (MLC), was arrested on 24 May 2008, by the Belgian authorities following the Court's warrant of arrest. He was surrendered and transferred to the International Criminal Court on 3 July.
According to the Prosecution, Jean-Pierre Bemba is allegedly criminally responsible, jointly with another person or through other persons, for five counts of war crimes (rape, torture, committing outrages upon personal dignity, in particular humiliating and degrading treatment, pillaging a town or place, and murder) and three counts of crimes against humanity (rape, torture and murder), committed on the territory of the Central African Republic from 25 October 2002 to 15 March 2003.
04.03.2009 - Decision Adjourning the Hearing pursuant to Article 61(7)(c)(ii) of the Rome Statute
For further information please contact Ms Laurence Blairon, Spokesperson, at +31 (0)70 515 87 14 or +31 (0) 6 46 44 88 89 or at [email protected].