Further developments in the Case including the Transmission of Case from Pre-Trial Chamber I to Trial Chamber I; Mr. Lubanga’s Request for Interpreter and Detention Review by Pre-Trial Chamber I

Transmission of Case from Pre-Trial Chamber I to Trial Chamber I

On 5 June 2007, Judge Sylvia Steiner, who, pursuant to Article 57(2) (b), was appointed as the sole judge of Pre-Trial Chamber I on 10 May 2007, rendered a decision on the applications for additional means under regulation 83(3) of the Regulations of the Court and on the applications to intervene as amici curiae under rule 103 of the Rules of Procedure and Evidence. Judge Steiner stated simply that pursuant to Article 61(11) of the Statute the Trial Chamber was responsible for all proceedings and the Pre-Trial Chamber no longer had any jurisdiction on the request nor on any matter in the case. Subsequently, on 5 June 2007, the Presidency transmitted the record and proceedings in the case to Trial Chamber I including the decision confirming the charges and committing Mr. Lubanga for trial, Mr. Lubanga’s application before Pre-Trial Chamber I seeking a review of the Registrar’s decision on his application for additional means and the two applications to appear as amici curiae on the application for review.

Mr Lubanga’s request for an Interpreter

On 6 June 2007, Mr. Lubanga filed a letter to Mr. Marc Dubuisson, Head of Court Management Services, restating a request for a French language interpreter. Mr Lubanga referred to Article 67(1) (f) of the Statute which allows for an interpreter for the Accused. A request for an interpreter to translate several documents had previously been made on 16 November 2006, however, as of 23 March 2007, the translation services were suspended following the decision on the confirmation of charges.

Second Review of the "Decision on the Application for Interim Release of Thomas Lubanga Dyilo"

On 6 June 2007, the Trial Chamber I determined that the Appellant’s detention should be reviewed every 120 days in accordance with Article 60(3) of the Statute. Because the Trial Chamber did not have enough time to familiarize itself with the matter in time for the next review, it requested that the Pre-Trial Chamber review the detention ruling from 14 February 2007 prior to 14 June 2007.   

Pursuant to the Trial Chamber’s request, the Pre-Trial Chamber submitted its Second Review of the “Decision on the Application for Interim Release of Thomas Lubanga Dyilo” on 11 June 2007. The Chamber determined that the circumstances had not changed since the last review. Specifically, Pre-Trial Chamber I ruled that the following prevailing circumstances supported the continued detention of the defendant: the charges were confirmed; there was still a risk that the accused might abscond; the detention was still necessary; witnesses names had been disclosed to the accused; the situation in the Democratic Republic of the Congo was still volatile, and the release of Mr Lubanga was likely to endanger the victims and witnesses. The Chamber also determined that the delay in the proceedings was caused by the withdrawal of the former Defence Counsel and the time extensions given to the Appellant, and not because the trial was not moving expeditiously. On the basis of the above determinations the Chamber decided to continue the detention of Mr. Lubanga.

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