ICC Appeals Chamber delivers its judgments on the appeals regarding the interim release of Mr Jean-Pierre Bemba Gombo, Mr Aimé Kilolo Musamba, Mr Fidèle Babala Wandu, Mr Jean Jacques Mangenda Kabongo and Mr Narcisse Arido in the proceedings pursuant to article 70 of the Statute.   Today, 29 May 2015, the Appeals Chamber of the International Criminal Court (ICC) reversed and remanded to Trial Chamber VII the decision of Pre-trial Chamber II, issued on 21 October 2014, in which the Pre-Trial Chamber ordered the interim release of four suspects in the case The Prosecutor v. Bemba et al. However, the Appeals Chamber found that, taking into account the length of time that has passed since their release, it would not be in the interests of justice for the suspects to be re-arrested. In a separate judgment also rendered today, the Appeals Chamber reversed and remanded to Trial Chamber VII the decision of Pre-Trial Chamber II, issued on 23 January 2015, ordering Mr Bemba’s interim release in the context of this case. On 21 October 2014, Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, reviewed proprio motu the detention of Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido and ordered their release subject to the condition that they appear for trial or whenever summoned. The four suspects were subsequently released from the custody of the ICC. While Jean-Pierre Bemba Gombo, the fifth suspect in this case, was released by the Pre-Trial Chamber, he remains in detention in connection with ongoing proceedings in another case before the Court, The Prosecutor v. Jean-Pierre Bemba Gombo. All of the suspects were released on the basis that the time they had spent in detention pending trial had become unreasonable. The ICC Prosecutor appealed the Pre-Trial Chamber’s two decisions. Judge Silvia Fernández de Gurmendi, on behalf of Judge Sanji Mmasenono Monageng (Presiding Judge in these appeals) read a summary of the Appeals Chamber’s judgments in open court.  Regarding the appeal against the decision releasing the four suspects, the Appeals Chamber explained that the Pre-Trial Chamber incorrectly interpreted and applied article 60 (4) of the Statute, which obliges that Chamber to ensure that a person is not detained for an unreasonable period of time “due to inexcusable delay by the Prosecutor.” However, the Appeals Chamber held that a Chamber may, even in the absence of such inexcusable delay, determine that a person has been in pre-trial detention for an unreasonable amount of time pursuant to article 60 (3) of the Statute, which provides for regular reviews of detention. The Appeals Chamber held that, in order to make such a determination, a Chamber must balance the duration of detention against the risks listed in article 58 (1) (b) of the Statute justifying detention, to determine whether the continued detention has become unreasonable. Article 58 (1) (b) provides that an arrest is justified to ensure the person’s appearance at trial; or that he does not obstruct or endanger the investigation or the Court proceedings; or to prevent the person from continuing with the commission of crimes within the ICC jurisdiction. The Appeals Chamber found that the Pre-Trial Chamber erred by not conducting a proper assessment of the risks justifying detention and accordingly not appropriately carrying out the necessary balancing exercise. For these reasons, the Appeals Chamber reversed the Pre-Trial Chamber’s decision. However, given the specific situation of the suspects in this case, who were ordered to be released on 21 October 2014, and the length of time that has passed since their release, the Appeals Chamber found that it would not be in the interests of justice for the suspects to be re-arrested because of the reversal of the Pre-Trial Chamber Decision. Accordingly, the Appeals Chamber maintained their release until the Trial Chamber now seized of the case decides on the matter. The Appeals Chamber also reversed the Pre-Trial Chamber’s decision of 23 January 2015 ordering Mr Bemba’s interim release because this decision was essentially based on the same legal reasoning and findings as those made in the decision releasing Mr Bemba’s co-suspects, which the Appeals Chamber had found to be erroneous. Background: Jean-Pierre Bemba Gombo, his former lead Counsel Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo (a former member of Mr Bemba’s Defence team and case manager), Fidèle Babala Wandu (a member of the DRC Parliament and Deputy Secretary General of the Mouvement pour la Libération du Congo), and Narcisse Arido (a Defence witness) are suspected of offences against the administration of justice allegedly committed in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo.

On the picture Judge Piotr Hofmański during the delivery of the Judgment of the Appeals Chamber of the International Criminal Court (ICC) on the admissibility of the Simone Gbagbo case on 27 May 2015 ©ICC-CPI   Today, 27 May 2015, the Appeals Chamber of the International Criminal Court (ICC) delivered its judgment by which it rejected the Republic of Côte d’Ivoire’s appeal and confirmed the ICC Pre-Trial Chamber I’s decision of 11 December 2014, which declared the case against Simone Gbagbo admissible before the Court. On 30 September 2013, Côte d’Ivoire challenged the admissibility of the case against Simone Gbagbo, arguing that the same case was being prosecuted at the national level. On 11 December 2014, Pre-Trial Chamber I rejected Côte d’Ivoire’s challenge and concluded that Côte d’Ivoire’s domestic authorities were not taking tangible, concrete and progressive steps aimed at ascertaining whether Simone Gbagbo is criminally responsible for the same conduct alleged in the case before the Court. On 17 December 2014, Côte d’Ivoire appealed Pre-Trial Chamber I’s decision. Judge Piotr Hofmański, Presiding Judge in this appeal, delivered a summary of the judgment in open session. He indicated that the Appeals Chamber considered the two grounds of appeal that were raised by Côte d’Ivoire and concluded that they did not demonstrate any errors of fact or law in the Pre-Trial Chamber’s decision. The Appeals Chamber found no error in the Pre-Trial Chamber’s assessment of the conduct underlying the crimes allegedly investigated domestically and concluded that the Pre-Trial Chamber did not apply overly rigorous criteria in determining that no relevant investigations or prosecutions were ongoing at the national level. The Appeals Chamber also noted that Côte d’Ivoire failed to demonstrate that it was unreasonable for the Pre-Trial Chamber to conclude that, on the basis of the available documentation, the factual parameters of the case or cases being investigated domestically were unclear. Furthermore, as regards the Pre-Trial Chamber’s assessment of the nature of the crimes allegedly being investigated domestically, namely economic crimes and crimes against the State, the Appeals Chamber concluded that it was not unreasonable for the Chamber to find this conduct to be of a different nature to Ms Simone Gbagbo’s conduct, as alleged before the ICC, in relation to the crimes against humanity of murder, rape and other forms of sexual violence, persecution and other inhumane acts. The Appeals Chamber emphasised that its review was limited to the issue of the correctness of the Pre-Trial Chamber’s decision, which determined the admissibility of the case as of the date of its issuance. According to the Rome Statute, the ICC’s founding treaty, a challenge to the admissibility of a case can be brought only once before the Court; however, “in exceptional circumstances, the Court may grant leave for a challenge to be brought more than once”.  Judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber I of 11 December 2014 entitled “Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo” Background: On 29 February 2012, the judges issued a warrant of arrest under seal against Ms Gbagbo. The warrant of arrest was unsealed on 22 November 2012. According to the warrant of arrest, Ms Gbagbo is allegedly responsible, within the meaning of article 25(3)(a) of the Rome Statute, for the crimes against humanity of murder, rape and other forms of sexual violence,  other inhumane acts and persecution allegedly committed in the territory of Côte d’Ivoire during the period between 16 December 2010 and 12 April 2011. On 20 January 2015, the Appeals Chamber rejected the request for suspensive effect of the appeal against the Pre-Trial Chamber’s decision of 11 December 2014, which had reminded Côte d’Ivoire of its obligation to surrender Simone Gbagbo to the Court without delay. The arrest warrant remains pending and Ms Gbagbo is not in the ICC’s custody.    

    Participation of the UN Secretary-General at the High Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015   On 20 May 2015 at the Ministry of Foreign Affairs of Tajikistan there was held a briefing for the heads and representatives of the diplomatic missions and international organization accredited in Dushanbe during which it was informed that H.E. Mr. Ban Ki-Moon the UN Secretary-General would participate at the High Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015 to be held on 9-11 June 2015 in Dushanbe. It was particularly highlighted that the participation of the UN Secretary-General at the Dushanbe Conference confirms the importance of this international event for the United Nations and the entire international community, especially in light of the development and adoption of sustainable development goals, one of which is sustainable management of water and sanitation for all. The High Level International Conference on the implementation of the International Decade for Action “Water for Life”, 2005-2015 will be held in accordance with the UN General Assembly resolution of 19 December 2014, entitled “International Decade for Action, “Water for Life”, 2005–2015, and further efforts to achieve the sustainable development of water resources.” The primary objective of the Conference is a comprehensive discussion of the issues of implementation of the International Decade for Action “Water for Life”, 2005-2015, which will later play a crucial role in conducting a comprehensive review of the implementation of the International Decade by raising the awareness of  the wider international community about its results. With a view of successful holding of the Conference, the National Preparatory Committee, chaired by the Prime Minister of Tajikistan, a Working group, consisting of the representatives of ministries and agencies, as well as the Secretariat of the Conference are continuing the work to attract UN Member States, international and regional organizations, basin organizations, the private sector and other stakeholders to actively participate in the Conference. The Conference programme consists of two high-level plenary session, two thematic sessions on the implementation of the Decade, six high-level round tables, four pre-conference events on such themes as “Water and children”, “Water and Women”, “Water and least developed countries and small island developing states” and “Water and mountainous countries”. The pre-conference events will be hold on 8 June 2015 in the National Library building. Regarding the participation in the work of the Conference it is worth mentioning that as of today the Conference secretariat has received confirmation of participation of about 72 delegations of the UN Member States, including at the level of prime minister, deputy prime ministers, as well as foreign ministers and ministers of water resources and irrigation of the UN member states. Among other institutions and specialized agencies of the United Nations as of today such organizations as Food and Agriculture Organization (FAO), UNESCO, the World Health Organization (WHO), the UN Children’s Fund (UNICEF), UN-Water, UN-Women, UNEP, UNU, UN-HABITAT, ISDR, etc. have confirmed their participation. There are confirmations of participation of the UN Regional Commissions – UNECE, UNECA and UNESCAP. From the international and regional financial institutions the World Bank, the Islamic Development Bank, the European Bank for Reconstruction and Development, the Eurasian Development Bank will participate at the Conference. Thus, today more than 50 international and regional organizations have already confirmed their participation at the Conference.The total number of registered participants for today is about 750 people representing all regions of the world. The Dushanbe Conference will provide a unique opportunity for all stakeholders to exchange views, knowledge, achievements and practices for the implementation of the International Decade, the difficulties and challenges in the implementation of the decade, and, at the same time, will develop key recommendations for the next steps for post 2015 period.