Lubanga case: release of the accused and formal warning to the Prosecutor and his Deputy

Leave to appeal granted

On 8 July 2010, the Trial Chamber in the Lubanga case had stayed the trial proceedings as an abuse of the process of the Court.

(See previous post: “The ICC Prosecutor refused to comply with the Chamber's order”

The Prosecution appealed the stay of the proceedings.
Yesterday, 15 July, the Trial Chamber granted the Prosecution leave to appeal on two issues: whether it was necessary to stay the proceedings as an abuse of the process of the Court because of: i) the Prosecution’s material noncompliance with the Chamber’s orders; and ii) the Prosecutor’s intention not to implement the Chamber’s orders tmade in regard to protective measures, if he considers they conflict with his interpretation of the Prosecution’s other obligations.

Release of the accused

The Presiding judge emphasised that the trial was halted because it was no longer fair. The accuse, in the Chamber's opinion, cannot be held in preventative custody on a speculative basis; namely, that at some stage in the future the proceedings may be resurrected.
Accordingly, the Chamber ordered the release of the accused unconditionally.
This order, however, will not be enforced until the five day time limit for an appeal has expired. If the Prosecution appeals this order the accused will not be released until the Appeals Chamber resolves whether this order granting release is to be suspended.

Warning the Prosecution of sanctions

The Chamber also formally gave the Prosecutor and the Deputy Prosecutor an oral warning of sanctions in the event of any continuing breach of Chamber’s orders.

Lubanga, transcript, Case No. ICC-01/04-01/06, 15 July 2010.

The accused has been detained since March 2006. 
Trial began in January 2009. 
Lubanga denies charges of war crimes in the Democratic Republic of Congo by recruiting, training and deploying hundreds of children to carry out murders, looting and rapes.