Special Reports

ICC Rejects Ntaganda’s Appeal For Interim Release

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medications http://cyancdesign.com/wp-includes/pluggable-deprecated.php geneva; font-size: small; line-height: 200%;”>Ntaganda had appealed against the Pre-Trial Chamber II decision of 18 November 2013 which rejected his Defence’s application for interim release.

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In its decision confirming the Pre-Trial Chamber decision, the Appeals Chamber stressed that the appraisal of the evidence relevant to continued detention lies, in the first place, with the Pre-Trial Chamber.


The Appeals Chamber reviewed, in particular, the Pre-Trial Chamber’s reliance on two United Nations Group of Experts reports in light of the legal framework for the assessment of evidence.


The Appeals Chamber noted inter alia that the methodology employed by the Group of Experts in the collection of information was quite rigorous and that the excerpts relied upon by the Pre-Trial Chamber were sufficiently detailed to enable Mr Ntaganda to investigate and challenge the relevant information such that he was not prejudiced by the fact that the sources relied upon were anonymous.


The Appeals Chamber concluded that the Pre-Trial Chamber did not err in relying on two United Nations Group of Experts Reports to support factual findings relevant to its overall conclusion that the detention of Mr Ntaganda appeared necessary.


The Appeals Chamber also found that Mr Ntaganda “had failed to establish any error in respect of a number of other factual findings of the Pre-Trial Chamber relevant to the risk of Mr Ntaganda absconding or obstructing or endangering the investigation or court proceedings.”


Judge Anita Ušacka and Judge Christine Van den Wyngaert adopted dissenting opinions, and considered that Pre-Trial Chamber II committed an error of fact in exclusively relying on anonymous hearsay evidence contained in two United Nations Group of Experts reports and press and blog articles in order to support most of the factual findings relevant to its conclusion that the continued detention of Mr Ntaganda appears necessary.


As the former alleged Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC), Mr Ntaganda is suspected of 13 counts of war crimes and 5 counts of crimes against humanity allegedly committed in Ituri, Democratic Republic of the Congo (DRC) between 1 September 2002 and the end of September 2003.


On 22 March 2013, Bosco Ntaganda surrendered to the US embassy in Kigali before being transferred to the ICC.


The confirmation of charges hearing in the case was held from 10 to 14 February 2014 while the decision on the confirmation of charges is pending.

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