Yesterday, at a public hearing, an International Criminal Court Trial Chamber postponed a decision on whether to release Thomas Lubanga Dyilo. Lubanga's release may be ordered because the Trial Chamber determined on June 13th that the prosecution had not disclosed potentially exculpatory evidence to the accused, as it is required to do by the Court's Statute; consequently, the Trial Chamber stayed the proceedings. The Prosecutor had argued that that evidence, which it had received in confidence from the United Nations, was protected by Article 54 of the Statute. Tuesday's postponement was due to the Prosecutor's submission on Monday of a request for leave to appeal the Chamber's June 13th decision. Decisions on these issues - leave to appeal and the accused's release - are expected next week, unless a satisfactory method is found before then that would allow for judicial review of the contested evidence.
Wednesday, June 25, 2008
ICC: Lubanga Case (Hearing on the Accused's Release)
Yesterday, at a public hearing, an International Criminal Court Trial Chamber postponed a decision on whether to release Thomas Lubanga Dyilo. Lubanga's release may be ordered because the Trial Chamber determined on June 13th that the prosecution had not disclosed potentially exculpatory evidence to the accused, as it is required to do by the Court's Statute; consequently, the Trial Chamber stayed the proceedings. The Prosecutor had argued that that evidence, which it had received in confidence from the United Nations, was protected by Article 54 of the Statute. Tuesday's postponement was due to the Prosecutor's submission on Monday of a request for leave to appeal the Chamber's June 13th decision. Decisions on these issues - leave to appeal and the accused's release - are expected next week, unless a satisfactory method is found before then that would allow for judicial review of the contested evidence.
