Bosco Ntaganda case: Appeals Chamber confirms the decision rejecting the Defence’s request for interim release

Situation: Democratic Republic of the Congo
Case: The Prosecutor v. Bosco Ntaganda

Today, 5 March 2013, the Appeals Chamber of the International Criminal Court (ICC) dismissed, by majority, the appeal of Bosco Ntaganda against the Pre-Trial Chamber II decision of 18 November 2013. Pre-Trial Chamber II had rejected the Defence’s application for interim release. Mr Ntaganda remains in the ICC’s custody.

In its decision confirming the Pre-Trial Chamber decision, the Appeals Chamber stressed that the appraisal of the evidence relevant to continued detention lies, in the first place, with the Pre-Trial Chamber. The Appeals Chamber reviewed, in particular, the Pre-Trial Chamber’s reliance on two United Nations Group of Experts reports in light of the legal framework for the assessment of evidence. The Appeals Chamber noted inter alia that the methodology employed by the Group of Experts in the collection of information was quite rigorous and that the excerpts relied upon by the Pre-Trial Chamber were sufficiently detailed to enable Mr Ntaganda to investigate and challenge the relevant information such that he was not prejudiced by the fact that the sources relied upon were anonymous.

The Appeals Chamber concluded that the Pre-Trial Chamber did not err in relying on two United Nations Group of Experts Reports to support factual findings relevant to its overall conclusion that the detention of Mr Ntaganda appeared necessary. The Appeals Chamber also found that Mr Ntaganda had failed to establish any error in respect of a number of other factual findings of the Pre-Trial Chamber relevant to the risk of Mr Ntaganda absconding or obstructing or endangering the investigation or court proceedings.

Judge Anita Ušacka and Judge Christine Van den Wyngaert adopted dissenting opinions, and considered that Pre-Trial Chamber II committed an error of fact in exclusively relying on anonymous hearsay evidence contained in two United Nations Group of Experts reports and press and blog articles in order to support most of the factual findings relevant to its conclusion that the continued detention of Mr Ntaganda appears necessary.

Background: The ICC has issued two warrants of arrest for Bosco Ntaganda. As the former alleged Deputy Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo [Patriotic Forces for the Liberation of Congo] (FPLC), Mr Ntaganda is suspected of 13 counts of war crimes and 5 counts of crimes against humanity allegedly committed in Ituri, Democratic Republic of the Congo (DRC) between 1 September 2002 and the end of September 2003. On 22 March 2013, Bosco Ntaganda surrendered and is now in the ICC’s custody. The confirmation of charges hearing in the case was held from 10 to 14 February 2014. The decision on the confirmation of charges is pending.

Judgment on the appeal of Mr Bosco Ntaganda against the decision of Pre-Trial Chamber II of 18 November 2013 entitled "Decision on the Defence's Application for Interim Release"

Audio-visual materials:

(Audio: 1. Floor language; 2. French)

Video (MPEG-4) for viewing and download (141.7MB)

Audio (MPEG-3) for download (41.4MB)

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: [email protected].

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