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Posts Tagged ‘Cuno Tarfusser’

Bemba case: Four suspects arrested for corruptly influencing witnesses; same charges served on Jean-Pierre Bemba Gombo

Posted by African Press International on November 25, 2013

On 23 and 24 November 2013, the authorities of the Netherlands, France, Belgium and the Democratic Republic of the Congo (DRC) acting pursuant to a warrant of arrest issued by Judge Cuno Tarfusser, the Single Judge of the Pre-Trial Chamber II of the International Criminal Court (ICC), arrested four persons suspected of offences against the administration of justice allegedly committed in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo. This warrant of arrest in respect of the same charges was also served on Jean-Pierre Bemba at the ICC’s detention centre, where he has been detained since 3 July 2008.

On 20 November 2013, Judge Tarfusser issued a warrant of arrest for Jean-Pierre Bemba Gombo, his Lead Counsel Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo (a member of Mr Bemba’s defence team and case manager), Fidèle Babala Wandu (a member of the DRC Parliament and Deputy Secretary General of the Mouvement pour la Libération du Congo), and Narcisse Arido (a Defence witness).

Judge Cuno Tarfusser found that there are reasonable grounds to believe that these persons are criminally responsible for the commission of offences against the administration of justice (article 70 of the Rome Statute) by corruptly influencing witnesses before the ICC and presenting evidence that they knew to be false or forged. The suspects, it is alleged, were part of a network for the purposes of presenting false or forged documents and bribing certain persons to give false testimony in the case against Mr Bemba.

The Belgian authorities arrested Aimé Kilolo Musamba, the Dutch authorities arrested Jean-Jacques Mangenda Kabongo, and Narcisse Arido was arrested by the French authorities, in response to requests for arrest and surrender from the ICC. They will be subsequently surrendered to the ICC in accordance with the judicial procedures applicable in the three countries. Fidèle Babala Wandu was arrested by the authorities of the DRC and is being transferred to The Hague. The date of his first appearance at the ICC will be announced shortly. The authorities also cooperated with the ICC for the purposes of searching locations connected to the suspects. The Single Judge of the Pre-Trial Chamber II further requested the States concerned to locate and freeze the suspects’ assets.

On behalf of the Court, the Registrar of the ICC, Herman von Hebel, expressed his gratitude to the States’ authorities for their cooperation, stating that these are the first arrests made in relation to such charges before the ICC.

The trial of  Jean-Pierre Bemba Gombo, the alleged President and Commander-in-Chief of the Mouvement de libération du Congo, started on 22 November 2010, for two counts of crimes against humanity (rape and murder) and three counts of war crimes (rape, murder and pillaging) allegedly committed in the Central African Republic.

 

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Arrest Warrant Unsealed in Kenya situation: Walter Barasa suspected of corruptly influencing witnesses

Posted by African Press International on October 2, 2013

 ICC-CPI-20131002-PR948

Situation: The Republic of Kenya
Case: The Prosecutor v. Walter Osapiri Barasa

Today, 2 October 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972. He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute.

Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC. Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.

Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.

The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

 

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