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Effect of Appeals Chamber Judgments - Redactions of Evidentiary Materials

Throughout the Confirmation Hearing the parties made a number of appeals relating to procedural and evidentiary matters. In the summary of its Confirmation of Charges decision, Pre-Trial Chamber stated that in making its decision it had to assess the effect of the Appeals Chamber's judgments of 14 December 2006. The Appeals Chamber had ruled that the Chamber lacked sufficient reasoning in authorising certain redactions (removing information from documents used as evidence) and directed the Chamber to review the relevant applications.

The Chamber noted that Mr Lubanga's right to a fair trial required that proceedings be conducted in an expeditious manner. On that basis, the Chamber was of the view that it was required to determine whether the test of 'sufficient evidence to establish substantial grounds to believe' had been met with respect to the evidence which had been admitted for the purposes of the confirmation hearing, excluding the evidence affected by the Appeals Chamber's judgments. The Pre-Trial Chamber then reviewed the applications for redactions after the Confirmation Hearing.

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