No investigation on Lubanga’s prosecution intermediaries

14 May 2014 by Tjitske Lingsma, The Hague (The Netherlands)

The prosecutor at the International Criminal Court (ICC) has explained that “no additional investigations” have been made into possible offenses against the court in the case of Thomas Lubanga Diyolo, despite heavy criticism from the trial judges in 2012 of three intermediaries who “may have committed crimes” during the trial. The appeals hearing against his 14 year jail term for conscripting child soldiers is due next week.

Several former child soldiers had testified before the court that prosecution-employed ‘intermediaries’ had asked them to lie so that Lubanga could be convicted. Testimonies of six witnesses and 3 victims were deemed unreliable by the judges who stated in their judgment of March 2012: “The prosecution should not have delegated its investigative responsibilities to the intermediaries... notwithstanding the extensive security difficulties it faced.”

“No ‘new’ evidence to disclose” 

The prosecutor recruited a consultant – Mark Harmon, a retired senior trial attorney from the International Criminal Tribunal for the former Yugoslavia, to conduct an independent examination “so as to avoid any possible conflict of interest”. However in a submission made public last week, the prosecutor states that “the scope of the examination conducted by the independent consultant (…) did not include any alleged article 70 violations which may have been committed by these three persons”. 

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