"This hearing represents a decisive step towards victims of the conflict that has ravaged the Central African Republic in 2002-2003 finally obtaining justice. This hearing is all the more important that it takes aim at the former Vice-President of the Democratic Republic of Congo, allegedly one of those who bear the greatest responsibility for the crimes committed in CAR", said Souhayr Belhassen, FIDH President.
The confirmation of charges hearing, that will take place from 12 to 15 January 2009, will allow the Pre-Trial Chamber III to determine if there is sufficient evidence to justify the trial of Jean-Pierre Bemba on the basis of the charges presented by the Prosecutor of the ICC.
Jean Pierre Bemba is accused, "in his capacity as Commander"in"Chief of the Mouvement de Libération du Congo (MLC), [of having made]
an essential contribution to the military operation in the CAR [decided in accordance with an agreement with the Central African President Ange-Félix Patassé], in particular by deciding to send MLC combatants to the CAR and maintaining them there". Jean-Pierre Bemba is accused of being criminally responsible for rapes, acts of torture and murder, as crimes against humanity and war crimes, as well as outrages upon personal dignity and pillaging a town or place, as war crimes. These acts were allegedly committed in particular localities, described in the arrest warrant.
5 years ago, FIDH already brought to the attention of the ICC Prosecutor that grave crimes were committed by all parties to the conflict related to the coup d’Etat of General Bozizé in 2002 and 2003 in CAR [1]. FIDH underlined in particular the responsibility of Jean-Pierre Bemba, for the grave crimes committed by his men who came to support the loyalist troops of the President Ange-Félix Patassé. Impunity in CAR led Central African victims to refer their cases to the international criminal justice. FIDH and its member organisations continuously supported this approach and called upon the Court to take this forgotten situation into account, by opening an investigation and initiating prosecutions against perpetrators of war crimes and crimes against humanity committed in this country, insisting on the scope and gravity of the rapes and other crimes of sexual violence committed.
Numerous victims will participate in the hearing against Jean-Pierre Bemba. In this regard, FIDH wants to pay another tribute to Goungaye Wanfiyo, president of the Central African League for Human Rights, who died tragically on 27 December 2008 and, after having worked intensively for the opening of an investigation by the ICC, would have represented numerous victims during this hearing.
FIDH calls upon the Office of the Prosecutor to continue his investigation so as to prosecute other perpetrators of crimes under the jurisdiction of the Court committed in CAR. The ongoing inclusive national dialogue, that consisted in granting a general amnesty in CAR, should not be an obstacle to the possible prosecution before the ICC.
FIDH representatives will attend the confirmation of charges hearing against Jean-Pierre Bemba.
Background
On 9 May 2008, the Prosecutor filed a sealed application for warrant of arrest before the Pre-Trial Chamber III. On 23 May 2008, the Prosecutor informed the Chamber of the risk that Jean-Pierre Bemba might flee and leave Belgium for an unknown destination. The same day, the Chamber issued an arrest warrant, public after Bemba’s arrest by Belgian authorities on 24 May 2008. On 3 July 2008, Jean-Pierre Bemba was transferred to the ICC detention center in Scheveningen.
CAR referred the situation to the ICC Prosecutor in December 2004. The investigation into the CAR situation was opened on 22 May 2007.