Thursday, September 4, 2008

ICC: Trial Chamber Rejects Prosecutor's Application to Lift Stay of Proceedings in the Lubanga Case

In a decision handed down yesterday, but only released today, a Trial Chamber of the International Criminal Court rejected the Prosecutor's application to lift the stay of proceedings in the case of The Prosecutor v. Thomas Lubanga Dyilo. (Trial Chamber decision here; ICC press release here.) The stay was imposed on June 13, 2008, following the Trial Chamber's finding that the Prosecutor had not disclosed potentially exculpatory evidence to the accused, as required by the Court's Statute. The Chamber noted that, while some of the requirements set out in the court's earlier ruling had been met, the Prosecutor's actions to date were still insufficient. The underlying decision on the Prosecutor's obligation to disclose evidence is currently on appeal.