ICC TC rejects Ntaganda reconsideration request, ICC AC rejects Mangenda appeal and ASP holds conference in Dakar


ICC TC rejects Ntaganda defence request for reconsideration: On 8 August 2016, the Trial Chamber VI of the ICC rendered a decision in the Ntaganda case on the Defence request for reconsideration of decision on admission of certain documents used with Witness P-0315. In its request filed on 8 July 2016, Defence was asking the TC to reconsider its decision on the admissibility of the Human Rights Watch Reports. The TC decided to reject the request considering that the Defence did not meet the standard required for reconsideration of a decision. The TC stated that Defence failed “to establish that exclusion of the Report is necessary to prevent an injustice”. It further found that the Defence’s claim was not constitutive of a ‘new fact’ and decided that the Defence’s reliance on the ‘best evidence rule’ was ‘misguided’ recalling its power to “freely assess all evidence submitted” and their weight. (ICC TC decision)

ICC AC rejects appeal of Mangenda on compensation for unlawful detention in Article 70 case: On 8 August 2016, the ICC Appeals Chamber (AC) rejected in limine the appeal of Mr. Mangenda against the decision on request for compensation for unlawful detention. He appealed such decision challenging that the TC “no basis for finding that the continued detention of Mr Mangenda between 22 to 31 October 2014 was unlawful”. The AC found that Mr Mangenda not only failed to “address the TC’s specific findings with which he takes issue or show how the TC allegedly erred in finding that his detention was not unlawful” but also failed to “demonstrate any unreasonableness in the TC’s ultimate determination on the lawfulness of his detention”. On such basis, the TC decided to not consider the merits of the ground of appeal concerned and dismissed the ground in limine. The so called ‘Article 70 case’ is constituted of Mr. Mangenda, case manager of the Defence team of Mr. Bemba, tried for offences against the administration of justice (giving false testimony in the courtroom, presenting false evidence, and corruptly influencing witnesses by giving them money and instructions to provide false testimony), along with his co-defendants: Mr. Jean-Pierre Bemba Gongo, Aimé Kilolo Musamba, Fidèle Babala Wandu and Narcisse Arido. (ICC AC decision)

ASP holds conference in Dakar for Day of International Criminal Justice: On 16 July 2016, a conference on International Criminal Justice against Sexual and Gender- Based Crimes was held in Dakar to commemorate the Day of International Criminal Justice. Pannelists included Ministers from various African governments and officials from several international and hybrid tribunals, along with lawyers, judges, religious leaders and representatives of numerous organizations. In turn, participants addressed the impunity for sexual and gender-based crimes and called for different ways of action, presenting recent developments in their respective jurisdiction. They further talked about contributions of the civil society and its role in the prosecution of sexual and gender-based crimes, citing the example of the trial of Mr. Habré at the Extraordinary African Chambers. (ICC website)

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