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| International-UN-NGOs |
| ICC orders first suspect freed; prosecution appeals |
| 2008-07-03 |
| International Criminal Court judges ordered the release of their first suspect, a Congolese militia leader, on Wednesday because prosecutors are withholding evidence but said he should remain in custody pending an appeal. Judges halted proceedings against Thomas Lubanga last month due to concerns he could be denied a fair trial as his defence cannot view some prosecution evidence. Accused of enlisting child soldiers, he has been in custody in The Hague since 2006. 'In the absence of the prospect of a trial, the accused cannot be held in custody,' judges said in their ruling. 'The only correct course is to order the release of the accused because ... a fair trial of the accused is impossible.' But the judges added Lubanga should not leave detention until the court has dealt with a prosecution appeal. The judges said they had given full consideration to the fears of Lubanga's alleged victims in deciding to release him. Victims have warned that freeing the former warlord could ignite a 'fire ball' in Congo's volatile Ituri region. Lubanga is accused of recruiting child soldiers in Ituri, long riven by conflict over its rich natural resources including gold, diamonds and oil and where conflict has raged well after a peace accord officially ended Congo's 1998-2003 war. Experts estimate that a decade of violence in Congo has killed 5.4 million people, mainly through hunger and disease. Lubanga's trial had been due to start last week. The halt to proceedings is a major setback for the court set up in 2002, which now has 106 member states and is also investigating crimes in Sudan, Uganda and the Central African Republic. |
| Posted by:Fred |