DR Congo

DR Congo: The Appeals Chamber confirms the stay of proceedings and reverses decision on the release of Thomas Lubanga Dyilo

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Situation: Democratic Republic of the Congo

Case: The Prosecutor v. Thomas Lubanga Dyilo

The Hague, 21 October 2008 - Today, the Appeals Chamber delivered its judgments in respect of two appeals of the Prosecutor against decisions of Trial Chamber I in the case of Mr Lubanga Dyilo: His appeal against the decision to stay the proceedings (on 13 June 2008); and his appeal against the decision ordering the unconditional release of Thomas Lubanga Dyilo (on 2 July 2008).

The Appeals Chamber, by unanimity, dismissed the appeal and confirmed the decision on the stay of proceedings.

On 13 June 2008, the Trial Chamber had decided to stay the proceedings in respect of Mr. Lubanga Dyilo. In the view of the Trial Chamber, there was no prospect that a fair trial could be held because the Prosecutor was unable to disclose a large number of documents containing potentially exculpatory information and information relevant to the preparation of the defence. The Prosecutor had obtained the documents in question from several information providers, in particular from the United Nations, on the condition of confidentiality, and these information providers had refused to consent to their disclosure to the defence and, in most instances, to the Trial Chamber.

Furthermore, the Appeals Chamber, by majority, reversed the decision of the Trial Chamber I on the release of Thomas Lubanga Dyilo and decided to remand the matter to the Trial Chamber for a new determination of the question of release of Mr. Lubanga Dyilo. The Trial Chamber will have to decide in light of today's judgment of the Appeals Chamber whether Mr Lubanga Dyilo should remain in custody or should be released with or without conditions, taking into account all relevant actors.

For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or +31 (0) 646448726 or at sonia.robla@icc-cpi.int