Original: English
No.: ICC-01/04-02/06 Date: 29 August 2014
TRIAL CHAMBER VI
Before:
Judge Robert Fremr, Presiding Judge Judge Kuniko Ozaki Judge Geoffrey Henderson
SITUATION IN THE DEMOCRATIC REPUBLIC OF THE CONGO IN THE CASE OF THE PROSECUTOR v BOSCO NTAGANDA
Public ANNEX Application by the Redress Trust and Avocats sans Frontières for leave to submit observations pursuant to Rule 103 of the Rules of Procedure and Evidence
Source:
The Redress Trust Avocats sans Frontières
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Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor
Counsel for the Defence
Ms Fatou Bensouda, Prosecutor
Mr StĂŠphane Bourgon
Mr James Stewart, Deputy Prosecutor Ms Nicole Samson
Legal Representatives of the Victims
Legal Representatives of the Applicants
Ms Sarah Pellet Mr Dmytro Surpun
Unrepresented Victims
Unrepresented
Applicants
for
Participation/Reparation
The Office of Public Counsel for Victims
The Office of Public Counsel for the
Ms Paolina Massidda
Defence
States’ Representatives
Amicus Curiae
REGISTRY Registrar and Deputy Registrar
Defence Support Section
Mr Herman von Hebel, Registrar
Victims and Witnesses Unit
Detention Section
Victims Participation and Reparations
Other
Section Ms Fiona McKay
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The Applicants REDRESS 1.
REDRESS is an international nongovernmental organisation with a mandate to encourage accountability for those who perpetrate torture and related international crimes and to seek justice and reparation for victims of such crimes. It has considerable expertise in advocating for the rights of victims to gain both access to the courts and redress for their suffering.
2.
REDRESS regularly takes up cases on behalf of individual survivors at the national and international level and provides assistance to representatives of survivors. It has extensive experience in interventions before national and international courts and tribunals including, at the international level, the United Nations Committee against Torture, the United Nations Human Rights Committee, the European Court of Human Rights, the Inter-American Commission on Human Rights, the Special Court for Sierra Leone, and the Extraordinary Chambers in the Courts of Cambodia. It has also intervened in proceedings before the International Criminal Court on issues including collective victim participation and the experiences of victims of crimes within the jurisdiction of the Court of seeking justice before Libyan and Ugandan courts.1
3.
REDRESS has been working actively on the issue of victims’ rights in international justice in order to help ensure that the rights of victims under international law are reflected in the procedures and practices of international justice mechanisms. REDRESS along with others, played a role in ensuring that key provisions for victims were incorporated into the Rome Statute which established the International Criminal Court.
1
Prosecutor v Saif Al-Islam Gaddafi and Abdullah Al-Senussi (Lawyers for Justice in Libya and Redress Trust’s Observations pursuant to Rule 103 of the Rules of Procedure and Evidence), ICC-01/11-01/11-172, PTC I, 8 June 2012; Prosecutor v Laurent Gbagbo (Redress Trust Observations to Pre-Trial Chamber I of the International Criminal Court Pursuant to Rule 103 of the Rules of Procedure and Evidence) ICC-02/1101/11-62, PTC I, 16 March 2012; Prosecutor v Joseph Kony, Vincent Otti, Okot Odhiambo, Dominic Ongwen (Amicus Curiae submitted pursuant to the Pre-Trial Chamber II “Decision on application for leave to submit observations under Rule 103” dated 5 November 2008), ICC-02/04-01/05-353, PTC II, 18 November 2009.
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4.
REDRESS also assists victims and civil society groups who work with victims of conflict to enable their engagement with international justice mechanisms. Our collaboration with these groups is intended to facilitate and enable perspectives from the field to be taken into account by the International Criminal Court, and to encourage the effective participation of victims in proceedings. In that context, REDRESS is actively working with field organisations based inter alia in DRC, Kenya, Uganda and Ivory Coast. REDRESS also facilitates the Victims’ Rights Working Group (VRWG), a network
5.
of over 400 national and international civil society groups and experts created in 1997 under the auspices of the Coalition for the International Criminal Court (CICC). The VRWG works to ensure that victims’ rights are effectively protected and respected, and that their needs and concerns are met throughout the ICC's judicial process. REDRESS has published several leading reports and papers on victims’ rights since
6.
the International Criminal Court was established, including several on victim participation.2 It, together with AI, also convened an expert panel on victim participation at the International Criminal Court in April 2013.3 As a result of this work, REDRESS has knowledge of the practical aspects and challenges involved in assisting victims to understand and engage with the application process before the ICC. ASF 7.
Founded in 1992, Avocats Sans Frontières (ASF) is a non-governmental organization committed to enhancing access to justice for the most vulnerable persons in society. The primary goal of ASF is to contribute to the establishment of institutions and mechanisms that allow for access to independent and impartial justice, and which are capable of guaranteeing the protection of fundamental rights. The organisation aims to realise this objective through field interventions in the judicial sphere in general and
2
For example: The Participation of Victims in International Criminal Court Proceedings: A Review of the Practice and Consideration of Options for the Future, REDRESS, October 2012, available at http://www.redress.org/downloads/publications/121030participation_report.pdf 3
Independent Panel of experts report on victim participation at the International Criminal Court,” July 2013, available at http://www.redress.org/downloads/publications/130711%20panel%20report%20FINALfor%20dissemi nation.pdf
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in the areas of international legal assistance and legal services in particular. ASF has long term projects and permanent field missions in DRC, Uganda, Burundi, Tunisia, Marocco, Egypt, Tchad, Nepal as well as thematic projects including on international Justice. ASF has been involved in the areas of Transitional Justice and in efforts at tackling the problem of impunity for gross human rights violations for almost two decades. 8.
ASF works to raise awareness on international and national norms and institutions for the effective prosecution of serious human rights violations, enhance the capacity of national legal systems and to provide support to victims who wish to be represented in proceedings before national and international courts. The activities of its International Justice Programme are carried out both in the field and at headquarters. It has had a permanent mission in the Democratic republic of Congo for over 10 years.
9.
ASF international justice programme strongly focuses on the complementarity principle of the Rome Statue by reinforcing the capacity of domestic legal systems, re-engaging the legal profession in the fights against impunity, and supporting CSOs in advocating for reform and raising awareness. Over the years, the organization developed specific methodology to build the capacities of key actors in the field and mainstream approaches and methodologies adapted to the victim’s needs. The association also provided legal representation of accused and victims in a large number of sensitive international crimes cases, involving awareness raising, assistance, consultation and liaison with large number of victims. As part of its activities, ASF has acquired know-how and expertise in the collection, protection, ordering, processing and use of data relating to gross violations of human rights and legal assistance thereof.
10. ASF provides assistance and legal representation to victims wishing to participate in proceedings before the ICC or before national courts but also to indigent defendants in national courts. In DRC, since 2005, ASF has provided legal assistance to more than 4500 victims and 100 accused persons in 35 cases of international crimes before domestic courts. ASF also provided legal assistance to more than 2100 victims willing to participate in the proceedings before the International Criminal Court in the Lubanga, Katanga, Ngudjolo Chui, Callixte Mbarushimana and Bosco Ntaganda cases
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11. At the Pre-Trial stage of Bosco Ntganda case, ASF already conducted of a survey with applicants for participation in the Case which provided additional insights into the question of the victims’ preference for legal representation.4
4
Pursuant to Pre-Trial Chamber's II Decision ICC-01/04-02/06-212-Conf-Exp, dated 16 January 2014, this consultation Report has been reclassified as"Public".
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