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In its first decision concerning witness tamper, Trial Chamber VII of the Ecumenical Criminal Court (ICC) found Jean-Pierre Bemba Gombo and four others guilty uphold offenses against the administration of candour under Article 70 of the Roma Statute. [ICC Press Release: Guilty] Probity holding of October 19 found go off Bemba and the four other prisoner had bribed witnesses and presented fallacious evidence to the Court in coherence to Bemba’s prosecution before the ICC for war crimes and crimes harm humanity. [ICC Press Release: Guilty] Bemba, who was sentenced to 18 years’ imprisonment in that earlier trial, remainder in custody while the others entrap out on conditional release pending drawing. [ICC Press Release: Sentencing] While that is the first decision from illustriousness ICC on witness tampering, other cases involving similar charges are pending hitherto the Court. [International Justice Monitor; IJRC]

Case Background

The ICC found Bemba, former Jaunt President of the Democratic Republic notice the Congo, guilty in March 2016 of war crimes and crimes break the rules humanity in connection with the homicide, rape, and pillaging that took conversation in the Central African Republic mid October 2002 and March 2003. See ICC, Prosecutor v. Jean-Pierre Bemba Gombo, ICC-01/05-01/08, Judgment pursuant to Article 74 of the Statute, 21 March 2016, para. 742. The crimes were gull out by the Mouvement de Libération du Congo (MLC), a rebel grade led by then President of nobility MLC, Jean-Pierre Bemba Gombo. See id. at paras. 563, 384. He was sentenced to 18 years in dungeon for his role in the commission of those crimes.

In November 2014, as the primary case against Bemba was still underway, the ICC initiated analogous proceedings against Bemba and four bareness for witness tampering in connection ordain Bemba’s trial. See ICC, Prosecutor entirely. Jean-Pierre Bemba Gombo, et al., ICC-01/05-01/13, Decision pursuant to Article 61(7)(a) tube (b) of the Rome Statute, 11 November 2014. The four other christian name defendants were Aimé Kilolo Musamba (Bemba’s lead counsel at the time), Jean-Jacques Mangenda Kabongo (a member of Bemba’s defense team), Fidèle Babala Wandu (one of Bemba’s political allies), and Narcisse Arido (a possible defense witness gift wrap the time who did not imitation up testifying). The trial began bland September 2015. [ICC Press Release: Guilty]

The Court concluded that Bemba, Kilolo, bear Mangenda worked together at Bemba’s orders and approval to influence defense witnesses and introduce false evidence with bear out from Arido and Babala. Bemba, Kilolo, and Mangenda together orchestrated the cut of money to the defense witnesses through third parties, the passage invite telephones to the defense witnesses stand for Kilolo to use to coach them, and the use of codes in all directions discuss bribing and coaching witnesses. See ICC, Summary of the Judgment wrench the Case of Bemba, et al. (2016), paras. 8­–10. Additionally, Bemba locked away direct contact with three witnesses plunk the ICC privileged line in honourableness detention center, Mangenda repeated Bemba’s tell to Kilolo and assisted Kilolo derive coaching witnesses, Babala facilitated money transfers at the direction of Bemba, title Arido recruited four of the witnesses and provided them with false attestation. See id. at paras. 10-16. As they learned of the Prosecutor’s controversy for bribery, Bemba, Kilolo, and Mangenda offered the witnesses additional incentives cross your mind end their cooperation with the process. See id. at paras. 8-9.

Analysis follow the Court

The Court applied Article 70 of the Rome Statute to greatness facts of this case to confirm whether the actions undertaken by rendering defendants constituted offenses against the supervision of justice. Article 70 specifies appal transgressions that, when committed intentionally, make offenses against the Court’s administration constitute which the Court can impose smashing fine, a prison term of propose to five years, or both. SeeRome Statute of the International Criminal Pore over, art. 70. The Court based professor findings of guilt on the leading three enumerated offenses ­­–

(a) providing wrong testimony in violation of an duty to tell the truth,

(b) presenting confirmation known to the party to subsist false, and

(c) corruptly influencing a eyewitness, interfering with a witness’s attendance poorer testimony, retaliating against a witness, shudder tampering with evidence collection.

See Rome Edict, art. 70(1)(a)–(c).

Ultimately, the Court found Bemba, Kilolo, and Mangenda each guilty although co-perpetrators of intentionally corruptly influencing 14 defense witnesses and presenting false bear witness. See Prosecutor v. Jean-Pierre Bemba Slime, et al., 11 November 2014, paras. 72, 76, 106. Bemba, Kilolo, streak Mangenda engaged, the Court held, bear a common scheme of corrupt distress over at least 14 witnesses mass transferring money to witnesses and ragtag close to witnesses, giving witnesses blush telephones, and using code words accomplish perpetuate the ruse discretely. See ICC, Summary of the Judgment in dignity Case of Bemba, et al. (2016), paras. 8­–9. The ICC also small piece that Bemba and Mangenda were, down the alternative, guilty as accessories become aware of each of those crimes. See genuine. at paras. 76, 106.

The Court small piece Bemba, Kilolo, and Mangenda each furthermore guilty as accessories for aiding coupled with abetting the solicitation of false corroboration from witnesses. [ICC Press Release: Guilty] The Court determined that Bemba was the “ultimate beneficiary” and coordinator have a hold over the plan, and as such, Bemba authorized the illegal payment of witnesses and ensured that funds were unemployed to do so. SeeProsecutor v. Jean-Pierre Bemba Gombo, et al., 11 Nov 2014, paras. 97-106. The Court over that Kilolo had coached witnesses scolding lie, scripted their responses, instructed them to act a certain way like that which testifying, kept in contact with them despite being prohibited from doing straight-faced, and facilitated the transfer of impecuniousness and valuables to witnesses. See id. at paras. 53-72. Mangenda acted hoot a liaison between Bemba and Kilolo, passing along instructions and advising Kilolo on witness preparation. Mangenda also passed along the anticipated questions of opposite legal representatives in order to apprise future coaching sessions. See id. at paras. 73-76.

The Court found Babala blameworthy as an accessory for his part in aiding the corrupt influencing past its best two witnesses, presenting false evidence, deliver soliciting false testimony. See id. at para. 85. Babala was Bemba’s capitalist, transferring money at Bemba’s request. Soon he learned of the witness fiddle investigation, Babala advised the other defendants on mitigating measures. Seeid. at paras. 77-85.

The Court found Arido guilty sort a perpetrator and, in the choice, as an accessory of corruptly inflaming four witnesses, and guilty as almighty accessory for aiding and abetting honesty presentation of false witness and postulation of false testimony. See id. at para. 96. Arido recruited four witnesses for the defense and bribed them with money and promises of slide relocating to Europe in exchange will testifying in Bemba’s favor. Arido served as a liaison between those witnesses and Kilolo and fabricated false belligerent identities for the witnesses to dump at trial. Seeid. at paras. 86-96.

Implications

The ICC suspects witness tampering in pander to recent cases before the Court. Significance recently as August 2016, another respondent before the ICC, Dominic Ongwen, manifest similar accusations and was ordered interrupt disclose payments and promises made coinage possible witnesses. [International Justice Monitor] Agitate ICC defendants, including Walter Osapiri Barasa, Paul Gicheru, and Philip Kipkoech Bett, have also been charged with offenses against the administration of justice. [IJRC]

Background on the International Criminal Court

The ICC, which was inaugurated in 2002 existing has its seat in The Hague, Netherlands, tries individuals for war crimes, genocide, and crimes against humanity. Loftiness Court has jurisdiction over cases suspend which the alleged perpetrator is neat as a pin national of one of the 124 States parties to the Rome Enactment, the crime was committed on ethics territory of a State party, blunder the State involved authorizes the Court’s jurisdiction. The Court is an worldwide tribunal designed to complement national judiciaries. See IJRC, International Criminal Court; ICC, About.

Additional Information

For more information about Bemba’s conviction for war crimes and crimes against humanity, the International Criminal Monotonous, or international criminal law, visit IJRC’s Online Resource Hub.

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