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Ex-Congolese vice-president on trial at ICC for witness-tampering Ex-Congolese vice-president on trial at ICC for witness-tampering
(34 minutes later)
A former Congolese vice-president charged with murder and rape has appeared alongside several of his defence lawyers in the international criminal court’s first witness-tampering and bribery trial.A former Congolese vice-president charged with murder and rape has appeared alongside several of his defence lawyers in the international criminal court’s first witness-tampering and bribery trial.
Jean-Pierre Bemba, 52, is among five defendants said to have paid for people to be coached and encouraged to give false testimony at a war crimes trial in The Hague. Jean-Pierre Bemba Gombo, 52, is among five defendants said to have paid for people to be coached and encouraged to give false testimony at a war crimes trial in The Hague.
Bemba, his lawyer, Aime Kilolo, and case-manager, Jean-Jacques Mangenda, who is a former ICC staff member, are alleged to have corruptly influenced the testimony of numerous defence witnesses. Two others have also been charged: Bemba’s political ally Fidele Babala, and Narcisse Arido, who allegedly scripted some defence witness testimony. All five have pleaded not guilty. Bemba, his lawyer, Aimé Kilolo Musamba, and Jean-Jacques Mangenda Kabongo, a member of Bemba’s defence team and case manager who is a former ICC staff member, are alleged to have corruptly influenced the testimony of numerous defence witnesses. Two others have also been charged: Bemba’s political ally Fidèle Babala Wandu, and Narcisse Arido, who allegedly scripted some defence witness testimony. All five have pleaded not guilty.
The ICC is still deliberating on the original war crimes case against Bembal, whose militia is said to have carried out atrocities in Central African Republic between 2002 and 2003. The ICC is still deliberating on the original war crimes case against Bemba, whose militia, the Movement for the Liberation of the Congo, is said to have carried out atrocities in Central African Republic (CAR) between 2002 and 2003.
The five men face a maximum sentence of five years’ imprisonment and a fine if convicted of intimidating or manipulating witnesses – a recurrent problem faced by the ICC in other cases as well. “The principles of fairness and justice for which this institution was established have to be protected,” said the court’s chief prosecutor, Fatou Bensouda. The five men face a maximum sentence of five years’ imprisonment and a fine if convicted of intimidating or manipulating witnesses – a recurrent problem faced by the ICC in other cases as well.
“The principles of fairness and justice for which this institution was established have to be protected,” said the court’s chief prosecutor, Fatou Bensouda.
Kweku Vanderpuye, a senior ICC prosecutor, told judges that the defendants had a detailed plan to coach defence witnesses in Bemba’s CAR trial, which ended nearly a year ago.Kweku Vanderpuye, a senior ICC prosecutor, told judges that the defendants had a detailed plan to coach defence witnesses in Bemba’s CAR trial, which ended nearly a year ago.
Vanderpuye said the five accused used codewords and mobile phones to discuss and attempt to hide their plot, Vanderpuye said. “Cafe” was code for money and “couleur” was used to refer to illicit coaching of witnesses by Bemba’s defence team, he told judges. Vanderpuye said the five accused used codewords and mobile phones to discuss and attempt to hide their plot, Vanderpuye said. “Cafe” was code for money “couleur” (colour) was used to refer to illicit coaching of witnesses by Bemba’s defence team, he told judges.
One of the men allegedly received $7,000 (£4,600) in money transfers to help him recruit witnesses. In pre-trial hearings, judges noted that while Bemba, who was in custody, did not directly pay or coach the witnesses, “he was at the origin of many of the acts committed by the other suspects and was systematically informed of the status of those acts and of their results”.One of the men allegedly received $7,000 (£4,600) in money transfers to help him recruit witnesses. In pre-trial hearings, judges noted that while Bemba, who was in custody, did not directly pay or coach the witnesses, “he was at the origin of many of the acts committed by the other suspects and was systematically informed of the status of those acts and of their results”.
In written submissions, prosecutors cited accounts in which Kilolo discussed giving about €50 (£37) to individual witnesses and hiding the fees from Bemba’s other lawyers. “This isn’t corruption,” he told one witness, according to prosecutors. “Just a present from Mr Bemba because you agreed to testify in his favour.”In written submissions, prosecutors cited accounts in which Kilolo discussed giving about €50 (£37) to individual witnesses and hiding the fees from Bemba’s other lawyers. “This isn’t corruption,” he told one witness, according to prosecutors. “Just a present from Mr Bemba because you agreed to testify in his favour.”
Prosecutors said that on another occasion Kilolo told a colleague: “Our story, our white [colleagues] mustn’t hear about this,” in apparent reference to Peter Haynes, Bemba’s British co-counsel before the ICC.Prosecutors said that on another occasion Kilolo told a colleague: “Our story, our white [colleagues] mustn’t hear about this,” in apparent reference to Peter Haynes, Bemba’s British co-counsel before the ICC.
Lawyers for the five accused maintain that the money transfers for the defence witnesses were merely reimbursements of expenses incurred for travelling to give statements and testimony.Lawyers for the five accused maintain that the money transfers for the defence witnesses were merely reimbursements of expenses incurred for travelling to give statements and testimony.
The New York-based Open Society Justice Initiative, which has been monitoring the case, said: “Witness tampering is a problem that is being seen across several cases at the ICC. It is a very serious offence and can obstruct fair ICC trials and genuine access to justice for the victims of the crimes under the ICC’s jurisdiction.The New York-based Open Society Justice Initiative, which has been monitoring the case, said: “Witness tampering is a problem that is being seen across several cases at the ICC. It is a very serious offence and can obstruct fair ICC trials and genuine access to justice for the victims of the crimes under the ICC’s jurisdiction.
“This is the first of three cases involving offences against the administration of justice. Two others are currently under way involving witnesses in the Kenya cases. This case is also important because it demonstrates the complexity of litigating parallel cases before the ICC. The evidence in this case against Bemba et al may have implications for the credibility of witnesses in the main Bemba trial.” “This is the first of three cases involving offences against the administration of justice. Two others are currently under way involving witnesses in the Kenya cases.
“This case is also important because it demonstrates the complexity of litigating parallel cases before the ICC. The evidence in this case against Bemba et al may have implications for the credibility of witnesses in the main Bemba trial.”