Today, 22 April 2015, Trial Chamber VI of the International Criminal Court (ICC) issued an oral ruling, during a status conference, rescheduling the opening of the trial in the case The Prosecutor v. Bosco Ntaganda to the second or the third week of July 2015. A specific date will be announced in due course for the trial’s commencement date, which was initially scheduled for 2 June 2015.
The Chamber considered a request by the Defence to postpone the trial’s opening until 2 November 2015, which was opposed by the Prosecution and the Legal Representatives of Victims. The Chamber also considered the recent Registry’s submissions indicating that an additional period of approximately one month would be required to facilitate the holding of opening statements in the Democratic Republic of the Congo (DRC).
Having considered the Registry’s need for extra time, as well as all other relevant factors, and having indicated that the Chamber was not satisfied that the Defence’s submissions justify a postponement of the length requested, the Chamber decided to postpone the opening statements to the second or the third week of July 2015. This decision was issued without prejudice to the Presidency’s decision on whether they are to be held in the DRC or not, and decided that the presentation of the prosecution’s evidence shall commence provisionally on the week of 17 August 2015.
Background: Bosco Ntaganda, former alleged Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy’s property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and five crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population) allegedly committed in Ituri, DRC, in 2002-2003. Mr Ntaganda is in the Court’s custody.
On 19 March 2015, Trial Chamber VI recommended to the Presidency of the Court that the opening statements of the trial in the Ntaganda case be held in Bunia, in the DRC. Trial Chamber VI indicated its intention of bringing the judicial work of the Court closer to the most affected communities, and its finding that it is in the interests of justice for the opening statements to be held in Bunia in the DRC.
The ICC Presidency is consulting with the DRC authorities and will make a decision on this matter, in consultation with the Trial Chamber, in due course.
