Se revocó la decisión de liberar a Lubanga: continúa el proceso

ICC Appeals Chamber overturns stay of proceedings in Lubanga case08 Oct 2010

The Appeals Chamber at the International Criminal Court has overturned a decision to stay proceedings in the Lubanga case.

On 8 October 2010, the Appeals Chamber at the International Criminal Court (ICC) delivered itsdecision reversing the Trial Chamber’s decision to stay proceedings and release the accused, Thomas Lubanga Dyilo.

On 8 July 2010, the ICC Trial Chamber ordered a stay of proceedings in the trial as well as the release of the accused. The Trial Chamber found that a fair trial of the accused was no longer possible since the Prosecutor had failed to implement the Chamber’s orders. The Trial Chamber had ordered the Prosecution to disclose the identity of intermediary 143, but the Prosecution did not immediately do so, arguing that it had an ‘independent statutory duty’ to ensure protection of victims, witnesses and other persons at risk. Consequently, the Trial Chamber ordered the stay, citing “the Prosecutor's clearly evinced intention not to implement the Chamber's orders”.

The Prosecution appealed the decision to stay proceedings, as well as the Trial Chamber’s decision to release the accused. In its appeal, the Prosecution cited three alleged errors made by the Trial Chamber. Firstly, it argued that the Trial Chamber erred when it found that the Prosecutor refused to comply with the Chamber’s orders. Secondly, it argued that the Trial Chamber misconstrued the Prosecutor’s position with respect to his duties of protecting victims, witnesses and others. The Appeals Chamber stated that it was not persuaded by these two grounds of appeal and that the Prosecution had not complied with an order of the Chamber, and that these orders must be followed. Judge Song, delivering the appeal decision, reminded the Court that although the Prosecution does have a responsibility to ensure the safety of victims, the Trial Chamber was the “ultimate guardian” of a fair trial.

The Appeals Chamber accepted the Prosecution’s third ground of appeal, namely that the Trial Chamber should have sought to issue sanctions for non-compliance before resorting to ordering a stay of proceedings. The Appeals Chamber stated that these sanctions are a tool by which the Trial Chamber can retain control of proceedings without having to resort to the extreme measure of staying proceedings.

The Appeals Chamber also reversed the decision to release Lubanga, since his release was predicated on the decision to stay proceedings.

The case will now return to the Trial Chamber for it to decide on appropriate sanctions.