Today, the Appeals Chamber of the International Criminal Court granted the suspensive effect of the Prosecution’s appeal against “Decision on the release of Thomas Lubanga.” Therefore the accused will remain under custody of the ICC pending the final decision on  the appeal. 

The reasons for the decision taken today by the Judges will be given shortly by the Appeals Chamber.

On 2 July 2008 Trial Chamber I ordered the release of Mr Thomas Lubanga. According to the Judges, the release was  the "logical consequence" of the stay on the proceedings imposed on 13 June 2008, as it is at present impossible to secure a fair trial for the accused. No finding was made so far as to his guilt or innocence.  However, the order granting release should not be enforced until the expiry of the five day time-limit for the filing of the appeal.

Prosecution filed an appeal against this decision and requested Urgent Application for Suspensive Effect of the appeal on 2 July 2008.

Background information

On 17 March 2006, Thomas Lubanga Dyilo, the founder and leader of the Union des patriotes congolais (Union of Congolese Patriots) was arrested and surrendered to the Court upon a warrant of arrest issued by Pre-Trial Chamber I at the request of the Prosecutor.

On 29 January 2007, Pre-Trial Chamber I confirmed the charges brought by the Prosecutor against Thomas Lubanga Dyilo, namely war crimes consisting of conscripting and enlisting children under the age of 15 into the FPLC, the military wing of the Union des patriotes congolais (UPC), and using them to participate actively in hostilities in Ituri, from September 2002 to 13 August 2003.  

The Prosecutor v. Thomas Lubanga Dyilo is the first case to arise from the situation in the Democratic Republic of the Congo (DRC); the second case is The Prosecutor v. Germain Katanga & Mathieu Ngudjolo Chui, and the third case is The Prosecutor v. Bosco Ntaganda. Investigations are ongoing in the DRC.

1. • Report: Uganda LRA rebels 'on massive forced recruitment drive' (August 12, 2010)
2. • ICC suspends release of Thomas Lubanga (July 23, 2010)
3. • ICC orders the release of Thomas Lubanga (July 15, 2010)
4. • ICC rejects Germain Katanga's motion to suspend trial (July 12, 2010)
5. • ICC suspends Thomas Lubanga trial (July 8, 2010)
6. • ICC: Jean-Pierre Bemba trial postponed (July 7, 2010)
7. • The ICC signs enforcement agreements with Belgium, Denmark, and Finland (June 1, 2010)
8. • ICC: Jean-Pierre Bemba trial postponed (March 8, 2010)
9. • Lubanga Witness Says He Was Paid US$200 To Tell Lies (February 8, 2010)
10. • ICC: Thomas Lubanga Defence Questions Witness Credibility (January 30, 2010)
11. • Ugandan rebels murder, rape, mutilate, displace thousands in DR Congo, Sudan - UN (December 21, 2009)
12. • ICC reverses decision on the interim release of Jean-Pierre Bemba (December 2, 2009)
13. • ICC: Germain Katanga and Mathieu Ngudjolo Chui trial starts on Tuesday (November 23, 2009)
14. • Amnesty International: more prosecutions should follow for war crimes in the Kivus (November 19, 2009)
15. • ICC: Germain Katanga's appeal dismissed (September 25, 2009)
16. • UN mission in DR Congo denies Ntanganda's role in military operation (September 10, 2009)
17. • ICC: Jean-Pierre Bemba interim release suspended pending final decision on appeal (September 3, 2009)
18. • ICC: Germain Katanga and Mathieu Ngudjolo trial postponed (August 31, 2009)
19. • ICC Prosecutor appeals decision to release Jean-Pierre Bemba (August 25, 2009)
20. • International Criminal Court gives Jean-Pierre Bemba conditional release (August 14, 2009)
21. • More work remains to ensure justice for war crimes victims, says head of ICC (July 17, 2009)
22. • Jean-Pierre Bemba Allowed to Attend Mass for His Father in Brussels (July 7, 2009)
23. • Senator Jeannot Bemba Saolona Dies at 67 (July 3, 2009)
24. • Congo Denies Instigating ICC Charges Against Former VP Bemba (June 16, 2009)
25. • ICC Orders War Crimes Charges Against Former Congo Vice President (June 15, 2009)
26. • Witness Claims Lubanga Visited Training Camp (June 5, 2009)
27. • Congo ex-rebel 'working with UN' (April 29, 2009)
28. • Negotiations between Kinshasa and CNDP Rebels to End Friday (February 20, 2009)
29. • Ituri warlord faces first trial at ICC in The Hague (March 21, 2006)

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