Admin l September 13, 2018
HAGUE, Netherlands – Trial Chamber VII of the International Criminal Court (“ICC” or “Court”) has scheduled hearing for 17 September 2018 at 3:00 p.m to deliver its decision re-sentencing Mr Jean-Pierre Bemba Gombo, Mr Aimé Kilolo Musamba and Mr Jean-Jacques Mangenda Kabongo.
On 19 October 2016, Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido were found guilty of offences against the administration of justice for corruptly influencing witnesses and soliciting false testimonies of defence witnesses in the other case against Mr Bemba at the ICC. On 22 March 2017, Trial Chamber VII delivered the sentences in the case.
Jean-Pierre Bemba Gombo was sentenced to an additional one-year prison sentence. No deduction of the time already spent in detention was ordered, mainly since this time had already been deduced by Trial Chamber III in the case Prosecutor v. Jean-Pierre Bemba Gombo (“the main case”) .The Chamber ordered that the applicant serve this sentence following that pronounced against him in the main case. It has also sentenced Jean-Pierre Bemba to a fine of 300,000 euros, which he will have to pay to the Court within 3 months of the sentencing decision, which will then be transferred to the Fund for the benefit of victims.
In one opinion, Pangalangan J. agreed with the majority result of imposing an additional year of imprisonment, but separately on: (i) imposing on Mr. Bemba an entire period of time in this case and (ii) the proportionality of the sentence against Mr. Bemba.
Aimé Kilolo Musambawas sentenced to a total sentence of 2 years and 6 months’ imprisonment, deducted from the time he has already spent in detention since his arrest on 23 November 2013 in execution of the arrest warrant issued on 20 November 2013 by Pre-Trial Chamber II until the date of its provisional release on 22 October 2014. The Chamber suspended the remainder of the sentence for a period of three years, so that the sentence does not take effect (i) if Aimé Kilolo pays the fine imposed by the Chamber, and (ii) unless he commits, during that period and in any place, a new offense punishable by imprisonment , including any attack on the administration of justice. Finally, the Chamber sentenced Aimé Kilolo to a fine of 30,000 euros,
Jean-Jacques Mangenda Kabongo was sentenced to a total sentence of 2 years’ imprisonment, deducted from the time he has already spent in detention since his arrest on 23 November 2013 in execution of the arrest warrant issued on 20 November 2013 by Pre-Trial Chamber II until the date of release on 31 October 2014. The Chamber suspended the remainder of his sentence for a period of three years, unless it commits during that period and wherever it may be a new offense punishable by imprisonment, including any interference with the administration of justice.
Narcisse Arido was sentenced to a total prison sentence of 11 months, deducted from the time he has already spent in detention since his arrest on 23 November 2013 in execution of the arrest warrant issued on 20 November 2013 by Pre-Trial Chamber II until the date of his release on 22 October 2014. The length of the sentence was equal to the time he had already spent in detention, and the Trial Chamber considered that the sentence of imprisonment was purged.
Fidèle Babala Wandu was sentenced to a total sentence of 6 months’ imprisonment, deducted from the time he has already spent in detention since his arrest on 24 November 2013 in execution of the arrest warrant issued on 20 November 2013 Pre-Trial Chamber II until the date of his provisional release on 23 October 2014. As the length of the sentence was lower than the time he had already spent in detention, the Trial Chamber considered that the sentence of imprisonment was served.
On 8 March 2018, the Appeals Chamber confirmed the convictions in respect of most of the charges. However, it acquitted Mr Bemba, Mr Kilolo and Mr Mangenda of the charge of presenting evidence that a party knows is false or forged. The convictions and acquittals in relation to the five accused are now final.
Regarding the sentences, the Appeals Chamber rejected the appeals of Mr Bemba, Mr Babala and Mr Arido; the sentences imposed on Mr Babala and Mr Arido are now final. But the Appeals Chamber granted the Prosecutor’s appeal. It reversed the sentences of Mr Bemba, Mr Mangenda and Mr Kilolo and remanded the matter to the Trial Chamber for a new determination.
