Ntaganda case: Confirmation of charges hearing ends at ICC

Today, 14 February 2014, the confirmation of charges hearing in the case of The Prosecutor v. Bosco Ntaganda came to an end before Pre-Trial Chamber II of the International Criminal Court (ICC) in The Hague (Netherlands). The sessions started on 10 February 2014. The Judges granted the parties and participants additional time to complete, in writing, their oral presentations.

During the five-day hearing, the Office of the Prosecutor and the Defence were able to present their evidence to Pre-Trial Chamber II, composed of Judge Ekaterina Trendafilova (Presiding Judge), Judge Hans-Peter Kaul, and Judge Cuno Tarfusser. The Legal representatives of the victims also had the opportunity to present opening and closing statements.

The Prosecutor and the Legal representatives of victims will have until 7 March 2014 to complete their presentations by written submissions, to which the Defence can reply by 4 April 2014 at the latest. Within 60 days from the receipt of the Defence’s final submissions, the judges will issue their decision. The Pre-Trial Chamber may then:

• confirm those charges in relation to which it has determined that there is sufficient evidence to establish substantial grounds to believe that Bosco Ntaganda committed the crimes charged. In that event, the case will go to trial before a Trial-Chamber;
• decline to confirm those charges in relation to which it has determined that there is insufficient evidence and adjourn the proceedings against Bosco Ntaganda; or
• adjourn the hearing and request the Prosecutor to provide further evidence or conduct further investigations or to amend any charge for which the evidence submitted appears to establish that a crime other than the crime charged was committed.

The Defence and the Prosecution can request authorisation from the Pre-Trial Chamber to appeal the decision.

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 five 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 himself voluntarily and is now in the ICC’s custody.

For more information on this case, please click here.

Audiovisual materials

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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