In its decision, the Chamber underscores that the Central African government has referred a matter to the Prosecutor two years ago, on 24 December 2004, regarding crimes committed on its territory since 1 July 2002. The latter has still not taken a decision on whether to open an investigation into this situation.
The Chamber states that, in case the Prosecutor does not wish to open such an investigation, he should – according to Rule 105 of the Rules of Procedure and Evidence – inform the Central African authorities in writing, without further delay. Furthermore, the Chamber insists that the preliminary analysis of a situation by the Prosecution - according to Article 53 of the Rome Statute and to Rule 104 of the Rules of Procedure and Evidence - with the aim to decide whether to open a formal investigation should be done "within a reasonable time from the reception of a referral ... regardless of [the] complexity [of this analysis]."
In this regard, the Chamber recalls that the Prosecutor’s decisions to open an investigation into the situations in the Democratic Republic of Congo and in Uganda were taken 2 to 6 months after the authorities of those two states referred the matter to the Prosecutor.
Finally, recalling that the Prosecutor has not acted upon the Central African state’s request of 27 September 2006 to provide information on the progress of the preliminary analysis of the situation, the Chamber requests that the Prosecutor informs it and the CAR authorities on the status of his analysis, on an estimated date on when it may be concluded, and on his decision whether to open an investigation into the CAR situation.
FIDH takes this opportunity to recall that it has sent communications on the situation in CAR to the ICC Prosecutor (in accordance with Article 15(1) of its Statute) since February 2003. The Prosecutor has not informed FIDH on whether he will open an investigation. Nevertheless, at the opening of the fifth session of the Assembly of States Parties to the ICC Statute, on 23 November 2005, the Prosecutor had reported on "hundreds of rapes, killings, and looting" in CAR. He had, however, simply stated that he would render a decision "in a near future".
Sidiki Kaba, FIDH President, declared that « the Chamber’s decision comes at a good time to pressure the Prosecutor into taking up its responsibilities regarding the situation in CAR, considering the gravity of the crimes committed against civilians in all impunity, during the coup d’Etat of General Bozize between October 2002 and March 2003 [1], and the renewed conflicts in the North between government forces and new rebel groups. [2] The Prosecutor should therefore honor his mandate consisting in the punishment and prevention of international crimes. »