Forthcoming hearings for the preparation of the trial of Thomas Lubanga Dyilo

Forthcoming hearings for the preparation of the trial of Thomas Lubanga Dyilo

ICC-PIDS-PR-03082007-234

On 4 September 2007, at 10 a.m., a hearing for the preparation of the trial of Thomas Lubanga Dyilo will be held at the International Criminal Court in The Hague. During the hearing, which may last more than one day, the parties and participants in the proceedings (the Prosecutor, the Defence and the Victims through their legal representatives) will be invited to give their opinions on procedural matters which must be resolved before the trial, with the goal of facilitating the fair and expeditious conduct of the forthcoming trial.

On 18 July 2007, the judges of Trial Chamber I issued a decision in which they put forward a non-exhaustive list of matters that require determination before the commencement of the trial, together with dates for a series of hearings to be held in the coming months. Consequently, the parties and participants are invited to make submissions on the judges’ proposals or on any other proposal. Thereafter, the Chamber will issue directions as to the agenda and the timetable for the forthcoming hearings.  

The judges’ proposal is to hold three other hearings (each of which may last more than one day) to discuss the following points (written comments on these issues must be filed a number of weeks before these dates):

• 11 September 2007 :
  • The date of the trial
  • The languages to be used in the proceedings
  • The timing and the manner of disclosure of the evidence the Prosecution seek to rely on to the other party, any participants, and to the Chamber, and all other disclosure
  • Use of the e-Court protocol
    

25 September 2007 :

• The role of victims and the manner in which victims may participate in the proceedings leading up to the commencement of the trial (This is referred to as the “modalities of participation”, for example, the submission of written observations or speaking in Court, and the issues for which this may be authorised)
• The procedures to be adopted for instructing expert witnesses
• The approach to be adopted to witness familiarisation and proofing
  

17 October 2007 :

• The status before the Trial Chamber of the evidence heard by the Pre-Trial Chamber
• The status of the decisions of the Pre-Trial Chamber in trial proceedings

This stage therefore involves preparing for trial and determining procedural matters before the commencement of the trial. The trial itself is not yet at issue. 

Investigations into grave crimes allegedly committed on the territory of the Democratic Republic of the Congo began in June 2004, and the first case was The Prosecutor v. Thomas Lubanga Dyilo. However, investigations are ongoing in the DRC and other cases may follow.