Recently, the Trial Chamber ordered the Prosecution disclose to the Defence identifying information of some of the intermediaries and to call some of them to testify.
The Chamber noted that the role of the intermediaries increasingly became a focus of scrutiny since the commencement of the trial, leading to the application by the Defence for disclosure of their identities.
The Chamber conceded that the precise role of the intermediaries together with the manner in which they discharged their functions became an issue of major importance in the trial.
The Prosecution based his objection to disclosure, in particular, on a suggested analogous protection that is provided to informants who assist national courts.
However, the Chamber noted that there is a real basis for concern as to the system employed by the Prosecution for identifying potential witnesses. According to the Chamber, on the evidence, there was extensive opportunity for the intermediaries, if they wished, to influence the witnesses as regards the statements they provided to the Prosecution, and there is evidence that this may have occurred.
The Chamber concluded that in the circumstances it would be unfair to deny the Defence the opportunity to research this possibility with all of the intermediaries used by the Prosecution for the relevant witnesses, where the evidence justifies that course.
Accordingly, the Chamber ordered the Prosecution disclose to the Defence identifying information of some of the intermediaries and to call some of them to testify.
Lubanga, Decision on Intermediaries, Case No. ICC-01/04-01/06, T. Ch., 31 May 2010