ICC-CPI-20080904-PR350_ENG
The Hague, 4 September 2008 - On 3 September 2008, Trial Chamber I rendered a public redacted decision rejecting the application of the Office of the Prosecutor to lift the stay of proceedings in the case of The Prosecutor v. Thomas Lubanga Dyilo imposed on 13 June 2008.
"The proposals outlined in the application demonstrably fail to meet the prerequisites set out hitherto by the Chamber to enable it to lift the stay of proceedings, and they infringe fundamental aspects of the accused's right to a fair trial" states the decision.
On 13 June 2008, Trial Chamber I imposed a stay on the proceedings of the case The Prosecutor v. Thomas Lubanga Dyilo. The Chamber came to the conclusion that the Prosecution had incorrectly used article 54 (3) (e) of the Rome Statute which allows the Prosecutor to receive information or documents, on the condition of confidentiality, which are not for use at trial but solely for the purpose of generating new evidence. The Chamber concluded that this misuse has had the consequence that a significant body of exculpatory evidence has not been disclosed to the accused, thereby improperly inhibiting the opportunities for the accused to prepare his defence. In this case some documents were obtained from information providers, such as the United Nations and NGO's with agreements not to be disclosed.
The Chamber noted that some of the requirements set previously by the Chamber had been met. However, in yesterday's decision, the Chamber reiterated the conditions which need to be satisfied before lifting the stay in the proceedings:
Firstly, that the Trial Chamber can adequately review - on a continuing basis for the entirety of the trial- the documents in question, in a way which is susceptible to a meaningful appeal.
Secondly, that there is some real prospect that the accused will be given sufficient access to any documents which the Chamber considers to be exculpatory.
However, the Chamber stressed that if the first condition is met, the Chamber would be prepared to assess which documents need to be disclosed and whether the proposed method for disclosure accord with the accused's right to a fair trial.
The Trial Chamber indicated its awareness of the importance of this decision to the peoples of the Democratic Republic of the Congo, the victims and the accused. Furthermore, the Chamber expressed gratitude for the attempts of the source providers of the documents concerned to resolve these difficulties, and underlined that these information providers had entered into the relevant agreements with the Prosecution in good faith. The Trial Chamber also noted that there have been some real developments in the position of the United Nations as a result of discussion between itself and the Prosecution.
Thomas Lubanga Dyilo will remain in the custody of the International Criminal Court following the Appeals Chamber's decision to grant suspensive effect of the appeal of the Prosecution against the decision on the release of the accused until a final decision is taken on the appeal.
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