Lubanga ICC Trial Suspended, May End
International Crimes Blog: The first trial at the International Criminal Court has been postponed indefinitely, as judges admonished prosecutors for withholding evidence from defense counsel. [1]
The trial of Thomas Lubanga Dyilo, accused of recruiting and using child soldiers while serving as founder and former leader of the Union of Congolese Patriots,[2] was scheduled to commence on June 23 but was halted following defense complaints that the prosecution had failed to hand over at least 200 documents. ICC judges also stated that the withheld documents included “a significant body of exculpatory evidence” during their Monday ruling.[3]
“The trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial,” noted the judges, calling into doubt whether the trial will be continued at a later date. It is reported that the Court will meet again on June 24 to determine if Lubanga should be freed and if the case against him should be suspended.[4]
Prosecutors had argued that Lubanga’s ethnic Hema militia had abducted children and forced them to fight against the rival Lendu people, but the Lubanga argued his innocence. The defense claimed their client was trying to end the conflict, and had been punished for not giving mining rights in areas under his control to foreign companies.[5]
The International Crimes Blog has provided extensive coverage of the trial of Thomas Lubanga, and further information can be found here.
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[1] DR Congo ex-warlord ‘may go free,’ BBC News, June 17, 2008 (available at www.bbc.co.uk/news).
[2] See International Crimes Blog, March 17, 2008.
[3] BBC News.
[4] Id.
[5] Id.