Posts Tagged ‘abuse of process’


March 4, 2011

Written Decision Explains Why Trial Will Go Forward

By Judith Armatta

On March 2, 2011, Trial Chamber I issued its written decision denying the defense request to permanently stay the trial of Thomas Lubanga Dyilo for war crimes and immediately release him for prosecutorial abuse of process. The judges gave their oral decision on February 23. There is no indication whether the defense will appeal the…

February 23, 2011

Lubanga Trial to Resume After Judges Reject Defense Call For Dismissal

By Wairagala Wakabi

Thomas Lubanga’s war crimes trial is set to resume after judges rejected a defense application, which sought the dismissal of the first case to be tried by the International Criminal Court (ICC).  Mr. Lubanga’s lawyers last December asked judges to throw out the case, claiming that the Office of the Prosecutor (OTP) had abused court process…

February 8, 2011

Chamber Clarifies Disclosure Rule

By Judith Armatta

On November 5, 2010, the Trial Chamber in the case of Thomas Lubanga questioned the prosecution’s late disclosure to the defense of part of an investigator’s internal memorandum, dated February 23, 2006. Full disclosure occurred on November 1, 2010. The prosecution responded that the material withheld was “work product” and not subject to disclosure under…

December 13, 2010

Chamber Issues Order On Evidence Disclosure

By Judith Armatta

On December 3, 2010, Trial Chamber I issued an order on three prosecution applications for nondisclosure of information in the trial of Thomas Lubanga for war crimes. The defense filed objections to some, but not all of the nondisclosure requests. Issues surrounding disclosure came to the fore following ‘witness 15’s’ June 2009 in-court revelation that…

December 8, 2010

Prosecutor Argues Investigator’s Notes Not Subject to Disclosure

By Judith Armatta

Identifying information the prosecution is required to disclose to the defense has been a matter of contention between the parties since before the start of the trial in January 2009. More recently, the prosecution’s refusal to disclose the identity of an intermediary it used to contact child soldiers led the Trial Chamber to suspend the…

November 25, 2010

Chamber Sets Schedule for Final Submissions; Defense Questions Former Child Soldier

By Judith Armatta

The Trial Chamber set the final schedule for written submissions from the defense and prosecution on abuse of process today in the trial of Thomas Lubanga for war crimes. Trial Chamber I has been hearing testimony about alleged witness tampering, following allegations that intermediaries used by the prosecution bribed or coached witnesses to falsely testify that…

November 24, 2010

Defense Concludes Examination of Investigator; Child Soldier Testifies

By Judith Armatta

OTP Investigator Defense counsel Jean-Marie Biju-Duval concluded the cross-examination of Mr. Nicolas Sebire, investigator for the Office of the Prosecutor (OTP) of the International Criminal Court (ICC), on issues of abuse of process in the trial of Thomas Lubanga for conscripting, enlisting, and using child soldiers in the Democratic Republic of Congo in 2002 and…

November 5, 2010

Witness Gives All Evidence In Closed Session As Testimony Nears End

By Wairagala Wakabi

All testimony heard by the Lubanga trial this week was given in closed session following a declaration by defense attorneys that they would not be able to cross-examine the witness in public session. During the week, judges also stated that the final witnesses scheduled to give evidence in the war crimes trial were expected to…

November 5, 2010

Judges Fault Lubanga Prosecutors Over Disclosures

By Wairagala Wakabi

International Criminal Court (ICC) judges have faulted prosecutors for failing to disclose certain information relating to a prosecution witness to the defense of war crimes accused Thomas Lubanga. The defense has complained that the Office of The Prosecutor (OTP) has failed to honor its disclosure obligations, including those related to this unnamed witness, who was…

July 21, 2010

Prosecutors At ICC Oppose Lubanga Release, Claim He Might Flee

By Wairagala Wakabi

Prosecutors at the International Criminal Court (ICC) have asked appeals judges to overturn a trial chamber order for the release of Congolese war crimes accused Thomas Lubanga. The prosecutors would like the appeals chamber to order the continued detention of Mr. Lubanga, the alleged former head of the Union of Congolese Patriots (UPC) whose militia…