Comments on: Interview: ICC Prosecutors Will Refute Allegations That Intermediaries Manipulated Evidence in Lubanga Case http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/ LubangaTrial.org will provide a range of information about the trial to help people follow this watershed trial in the history of the DRC and the history of international justice. Wed, 01 Feb 2012 14:50:36 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Is the Prosecutor of the ICC Forced to Play Dr. Jekyll and Mr. Hyde? « The International Jurist http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/comment-page-1/#comment-1295 Is the Prosecutor of the ICC Forced to Play Dr. Jekyll and Mr. Hyde? « The International Jurist Sun, 31 Oct 2010 10:50:58 +0000 http://www.lubangatrial.org/?p=1137#comment-1295 [...] the Court since), was “condemned” by Trial Chamber I for strong and unequivocal remarks made in an interview that were deemed by the Judges, among many other things, “prejudicial to the ongoing [...] [...] the Court since), was “condemned” by Trial Chamber I for strong and unequivocal remarks made in an interview that were deemed by the Judges, among many other things, “prejudicial to the ongoing [...]

]]> By: Joshua Rozenberg http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/comment-page-1/#comment-842 Joshua Rozenberg Thu, 27 May 2010 01:11:50 +0000 http://www.lubangatrial.org/?p=1137#comment-842 Readers may be interested in the court's judgment on this interview, reported on my website. Readers may be interested in the court’s judgment on this interview, reported on my website.

]]> By: Tracey Gurd http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/comment-page-1/#comment-756 Tracey Gurd Thu, 18 Mar 2010 20:37:49 +0000 http://www.lubangatrial.org/?p=1137#comment-756 Dear Dhetchuvi Matchu Jean-Baptiste -- thank you for your comment. You raised an important point about the judges role, and about the fair trial rights of Mr. Lubanga to be presumed innocent unless proven otherwise. I'm curious to ask your opinion -- you rightly raise that thousands of people have been victims of crimes committed in Ituri, and that all people suspected of crimes must be prosecuted. The ICC can only do a handful of cases in any given situation -- what is your sense of what is needed for more prosecutions to take place for crimes committed in Ituri -- is it through the national justice system? Is it through the mechanism of a hybrid tribunal, like the ones set up in Sierra Leone or Bosnia, that should try the next layer of suspects below those targeted by the ICC? When needs to happen to ensure those prosecutions can take place? Best, Tracey (moderator) Dear Dhetchuvi Matchu Jean-Baptiste — thank you for your comment. You raised an important point about the judges role, and about the fair trial rights of Mr. Lubanga to be presumed innocent unless proven otherwise.

I’m curious to ask your opinion — you rightly raise that thousands of people have been victims of crimes committed in Ituri, and that all people suspected of crimes must be prosecuted. The ICC can only do a handful of cases in any given situation — what is your sense of what is needed for more prosecutions to take place for crimes committed in Ituri — is it through the national justice system? Is it through the mechanism of a hybrid tribunal, like the ones set up in Sierra Leone or Bosnia, that should try the next layer of suspects below those targeted by the ICC? When needs to happen to ensure those prosecutions can take place?

Best,
Tracey (moderator)

]]> By: Dhetchuvi Matchu Jean-Baptiste http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/comment-page-1/#comment-753 Dhetchuvi Matchu Jean-Baptiste Tue, 16 Mar 2010 21:41:13 +0000 http://www.lubangatrial.org/?p=1137#comment-753 Thomas Lubanga is the first prisoner in the world who is already sentenced by ICC members before the judges’ sentence. So did Chris Hodgood in his comment. Every time Madam Beatrice Le Fraper speaks she always already sentences Mr Thomas Lubanga to a long punishment. I think this is only the role of the judges. Once I heard her interview on the UN Radio Okapi in Kinshasa, also I watched her intervention on TV5 and read her in newspapers and on internet. How can you understand: UN said that 60.000 people have been killed in Ituri but the ICC prosecution has chosen just Thomas Lubanga (hema) for recruiting child soldiers and Germain Katanga & Mathieu Ngudjolo (Lendu) for the killing of 200 hemas in Bogoro. What about 59.800 victim’s case? Where are other criminals? Congolese of Ituri need to know them. The Ituri war wasn’t hema and Lendu’s war. Since 4 years Mr Thomas Lubanga was jailed in ICC, thousands of child soldiers have been demobilized from numbers of armed groups and the national army, even last week. Nobody has been arrested right now. No reaction can be observed from ICC and UN in DRC as Monuc contribute to the demobilisation. This is astonishing! When you ask ICC members, they say Thomas Lubanga is jailed as an example. Justice can’t have an example! All criminals must be prosecuted! The contrary is injustice. It could be understandable if Beatrice Le Fraper said that as the Prosecution witnesses are being defeated by the Defense, judges will examine the situation and decide. But she wore judges' costum. I think justice is the balance between fact and law. If there is no proved fact the law says to release the accused. For example judges will decide on "a father (defense witness) who comes to ICC to deny his son (prosecutor’s witness) that he was not a child soldier" to know “who is telling the truth”. In july 2008 Human Rights Watch (HRW) pointed out the “fabrication of child soldiers in exchange of money” and "the NGOs in Ituri were hurrying for the ICC money”. ICC must show the new face of justice and the independence of the judges. If they can’t be independent it will just remind us, the Africans, all these tribunals organized by the dictators. We hope that judges are slowly coming to understand Lubanga’s case, also what happened in Ituri, and they will take their decision independently. Please remember that Lubanga is innocent until the judge’s decision. Thomas Lubanga is the first prisoner in the world who is already sentenced by ICC members before the judges’ sentence. So did Chris Hodgood in his comment.
Every time Madam Beatrice Le Fraper speaks she always already sentences Mr Thomas Lubanga to a long punishment.
I think this is only the role of the judges.
Once I heard her interview on the UN Radio Okapi in Kinshasa, also I watched her intervention on TV5 and read her in newspapers and on internet.
How can you understand: UN said that 60.000 people have been killed in Ituri but the ICC prosecution has chosen just Thomas Lubanga (hema) for recruiting child soldiers and Germain Katanga & Mathieu Ngudjolo (Lendu) for the killing of 200 hemas in Bogoro.
What about 59.800 victim’s case? Where are other criminals? Congolese of Ituri need to know them. The Ituri war wasn’t hema and Lendu’s war.
Since 4 years Mr Thomas Lubanga was jailed in ICC, thousands of child soldiers have been demobilized from numbers of armed groups and the national army, even last week. Nobody has been arrested right now. No reaction can be observed from ICC and UN in DRC as Monuc contribute to the demobilisation. This is astonishing!
When you ask ICC members, they say Thomas Lubanga is jailed as an example. Justice can’t have an example! All criminals must be prosecuted! The contrary is injustice.
It could be understandable if Beatrice Le Fraper said that as the Prosecution witnesses are being defeated by the Defense, judges will examine the situation and decide. But she wore judges’ costum.
I think justice is the balance between fact and law. If there is no proved fact the law says to release the accused.
For example judges will decide on “a father (defense witness) who comes to ICC to deny his son (prosecutor’s witness) that he was not a child soldier” to know “who is telling the truth”.
In july 2008 Human Rights Watch (HRW) pointed out the “fabrication of child soldiers in exchange of money” and “the NGOs in Ituri were hurrying for the ICC money”.
ICC must show the new face of justice and the independence of the judges. If they can’t be independent it will just remind us, the Africans, all these tribunals organized by the dictators.
We hope that judges are slowly coming to understand Lubanga’s case, also what happened in Ituri, and they will take their decision independently.
Please remember that Lubanga is innocent until the judge’s decision.

]]> By: Tracey Gurd http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/comment-page-1/#comment-749 Tracey Gurd Tue, 16 Mar 2010 03:31:20 +0000 http://www.lubangatrial.org/?p=1137#comment-749 Hi Chris -- you raise an interesting point and I do understand your concern. For a fair trial to take place, however, Mr. Lubagan's defense team must explore every possible avenue of defense, including exploring whether there was any abuse of process along the way. Bringing the issue into court so it can be tested by the defense lawyers and by the prosecutors is important so the judges can best make up their minds as to whether there is any credibility to the allegations. Mr. Lubanga is also entitled to be considered innocent unless proven otherwise, so in the eyes of the judges at this point, they will be looking to ensure that a man that is still presumed innocent in the eyes of the law is not unfairly convicted if the process wasn't above board. The prosecutors, as you saw in this article, are arguing that everything was indeed above board and that they will formally challenge the defense allegations about the intermediaries, but it will be ultimately up to the judges to decide how much weight they will attach to the evidence being brought before them on the role of intermediaries in this case. Best, Tracey (moderator) Hi Chris — you raise an interesting point and I do understand your concern. For a fair trial to take place, however, Mr. Lubagan’s defense team must explore every possible avenue of defense, including exploring whether there was any abuse of process along the way. Bringing the issue into court so it can be tested by the defense lawyers and by the prosecutors is important so the judges can best make up their minds as to whether there is any credibility to the allegations. Mr. Lubanga is also entitled to be considered innocent unless proven otherwise, so in the eyes of the judges at this point, they will be looking to ensure that a man that is still presumed innocent in the eyes of the law is not unfairly convicted if the process wasn’t above board. The prosecutors, as you saw in this article, are arguing that everything was indeed above board and that they will formally challenge the defense allegations about the intermediaries, but it will be ultimately up to the judges to decide how much weight they will attach to the evidence being brought before them on the role of intermediaries in this case.
Best,
Tracey (moderator)

]]> By: Chris Hobgood http://www.lubangatrial.org/2010/03/15/interview-icc-prosecutors-will-refute-allegations-that-intermediaries-manipulated-evidence-in-lubanga-case/comment-page-1/#comment-748 Chris Hobgood Tue, 16 Mar 2010 02:25:07 +0000 http://www.lubangatrial.org/?p=1137#comment-748 It seems to me that the Court must, for the sake of the nation and especially because of his role in this heinous process, prosecute Mr. Lubanga to the full extent of the law. As a Congolese by birth who has lived in another land for years, I am shocked that the investigators would be questioned in this way just to find reason for a very culpable person to be declared innocent. It seems to me that the Court must, for the sake of the nation and especially because of his role in this heinous process, prosecute Mr. Lubanga to the full extent of the law. As a Congolese by birth who has lived in another land for years, I am shocked that the investigators would be questioned in this way just to find reason for a very culpable person to be declared innocent.

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