Côte d'Ivoire: Confirmation hearing of the two former Central African anti-Balaka military leaders opens
Abidjan, Côte d'Ivoire (PANA) - The confirmation hearing of the two former Central African anti-Balaka military leaders, Alfred Yekatom and Patrice-Edouard Ngaissona, prosecuted for crimes against humanity and alleged war crimes committed in the Central African Republic (CAR), opened on Thursday before Pre-Trial Chamber II of the International Criminal Court (ICC), said a statement sent to PANA.
The hearing is running until September 27 in the Chamber composed of Judge Antoine Kesia-Mbe Mindua, Judge President, Judge Tomoko Akane and Judge Rosario Salvatore Aitala.
The judges will hear successively the oral submissions of the Prosecutor, the legal representatives of the victims and the defense. Yekatom reportedly commanded a group of about 3,000 members of the anti-Balaka movement.
He is allegedly responsible for the following crimes in various locations in CAR, including Bangui and Lobaye Prefecture, between December 5, 2013 and August 2014.
As for Mr. Ngaissona, arrested on December 12, 2018, in France, he was handed over to the ICC on January 23. Ngaïssona - as the top leader and "national general coordinator" of the anti-Balaka - would be responsible for the crimes against humanity and war crimes allegedly committed in various locations in CAR, including Bangui, in the prefecture of Lobaye, Yaloké, Gaga, Bossemptélé, Boda, Camot and Berberati, between December 5, 2013 and at least December 2014.
The two cases had been decided last February by Pre-Trial Chamber II. The confirmation of charges hearing is used by judges to determine whether there are substantial grounds for believing that the suspect committed these crimes.
If the Pre-Trial Chamber decides to confirm the charges, in whole or in part, it will refer the case to a Trial Chamber, which will be responsible for conducting the next phase of the proceedings, namely the trial itself. Under Rule 53 of the ICC Rules, the Pre-Trial Chamber must render its decision in writing within 60 days of the end of the confirmation of charges hearing. At the end of this period, the Pre-Trial Chamber can confirm the charges for which it has concluded that there is sufficient evidence for one or two of the suspects, in which the case is referred to a Trial Chamber for trial.
It may refuse to confirm the charges for which it has concluded that there is insufficient evidence and adjourn the proceedings against one or two of the suspects; or adjourn the hearing and request the Prosecutor to adduce additional evidence or to carry out further investigations, or to alter any charge for which the evidence appears to establish that a crime other than that charged with been committed, for one or two of the suspects. The defense and the Prosecutor can not appeal this decision directly, but they may ask the Pre-Trial Chamber for permission.
-0- PANA BAL/IS/KND/VAO 19Sept2019
