Today, 11 October 2019, the confirmation of charges hearing in the case The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona concluded before Pre-Trial Chamber II of the International Criminal Court (ICC), composed of Judge Antoine Kesia-Mbe Mindua (Presiding Judge), Judge Tomoko Akane and Judge Rosario Salvatore Aitala.
The purpose of the confirmation of charges hearing is for the judges to determine whether or not there is sufficient evidence to establish substantial grounds to believe that the suspects committed each of the crimes charged. If the charges are confirmed, in full or in part, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
After hearing the oral submissions of the Prosecutor, the Legal Representatives of the Victims and the respective Defence teams for Mr Ngaïssona and Mr Yekatom from 19 to 25 September, the judges heard today their respective closing statements. The judges will now start their deliberations.
In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days of the date on which the confirmation hearing ends. The Pre-Trial Chamber may:
- confirm those charges for which the Chamber has determined that there is sufficient evidence, and commit one or both of the suspects to a Trial Chamber for trial;
- decline to confirm those charges for which it has determined that there is insufficient evidence and stop the proceedings against one or both of the suspects;
- adjourn the hearing and request the Prosecutor to provide further evidence, to conduct further investigations or to amend any charge for which the evidence submitted appears to establish that a crime other than the one charged was committee, for one or two of the suspects.
The Defence and the Prosecutor cannot directly appeal this decision. However they can request authorisation from the Pre-Trial Chamber to appeal it.
