Media Advisory: 28 May 2009

Public hearing on 1 June to consider the challenge to admissibility raised by the Defence for Germain Katanga

ICC-CPI-20090528-MA40

Situation: Democratic Republic of the Congo (DRC)
Case: The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui

On Monday, 1 June 2009 at 9.30 a.m., Trial Chamber II of the International Criminal Court (ICC) will hold a public hearing to consider a motion challenging admissibility submitted by the Defence for Germain Katanga in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui. The hearing will be attended by the various parties and participants in the case as well as a delegation, headed by the Minister of Justice, Mr Luzolo, representing the judicial authorities of the Democratic Republic of the Congo (DRC).

The Defence for Germain Katanga is requesting that the case be found inadmissible arguing disrespect for the principle of complementarity. The Counsel of the accused maintain that legal proceedings were brought against him – partly for the same crimes – before the courts in the DRC. The principle of complementarity requires the Court not to investigate or prosecute individuals unless the State concerned is genuinely unable to or has no intention to carry out the investigation or prosecution. The principle gives precedence to national systems.

This is the first time that the ICC will have an opportunity to consider such a challenge to admissibility based on the complementarity principle. The motion was submitted on 10 February 2009, and a redacted version was made public on 11 March 2009. The other parties and participants were also able to submit written observations pertaining to the challenge.

During the hearing of 1 June 2009, the Defence, Prosecution, Legal Representatives of the Victims and representatives of the judicial authorities of the DRC will orally present their observations and respond to the judges’ questions on the matter. Beside the Minister of Justice Mr Luzolo, the Congolese delegation shall include Mr Mushagalusa Ntayondeza’ndi, Chief Prosecutor of the DRC, and Colonel Muntazini Mukimapa, Advocate General at the High Military Court and Director of Cabinet of the Chief Military Prosecutor (DRC).

A decision will be issued within a reasonable period of time.

Procedural background

On 17 October 2007, Germain Katanga, (a DRC national), alleged commander of the Force de résistance patriotique en Ituri [Patriotic Resistance Force in Ituri] (FRPI), was arrested and transferred to the Court pursuant to a warrant of arrest issued under seal on 2 July 2007 by Pre-Trial Chamber I at the request of the Prosecutor. On 6 February 2008, Mathieu Ngudjolo Chui (also a DRC national), alleged leader of the Front des nationalistes et intégrationnistes [Nationalist Integrationist Front] (FNI), was arrested and transferred to the Court pursuant to a warrant of arrest issued under seal on 6 July 2007 by the same Chamber at the request of the Prosecutor.

On 11 March 2008, Pre-Trial Chamber I decided to join the two cases and, on 26 September 2008, it confirmed charges of war crimes and crimes against humanity against Katanga and Ngudjolo Chui. On 24 October 2008, the Presidency of the Court constituted Trial Chamber II and referred the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui to that Chamber, which has since convened status conferences and held a number of audiences. On 27 March 2009, Trial Chamber II set the date for the commencement of the trial as Monday, 24 September 2009.

The case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui is the second case in the situation in the Democratic Republic of the Congo, after that of Thomas Lubanga Dyilo, whose trial commenced on 26 January 2009 before Trial Chamber I.
All journalists or other persons wishing to attend this status conference are welcome. No confirmation is required.

The courtroom proceedings can be followed on the ICC website at:
Courtroom I:

Please note there will be a 30-minute delay in transmission.

N.B. All hours noted refer to local time in The Hague.

Media Centre

For media representatives wishing to use the Court’s media facilities, the media centre will open from 08:30 until one hour after the end of the proceedings, from Monday to Friday.
The area can seat up to 64 people and includes: plasma TV screens; a Wi-Fi internet service; cards (plug + play) for those without Wi-Fi installation in their PC or laptop; 6 computers with internet access; 7 telephones for internal calls only, are free of charge.

For external use, journalists are advised to purchase beforehand 0800 pre-paid phone cards available at newsagents and train stations. Please note that phone cards cannot be obtained in the vicinity of, or at the ICC.

For further information please contact Ms Sonia Robla, Head of Public Information and Documentation Section at +31 (0)70 515-8089 or (0)6 46 44 87 26 or at [email protected]