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ICC to decide on charges against Congo's Lubanga
09 Nov 2006 17:58:46 GMT
Source: Reuters

(adds comments from defense lawyer)

By Nicola Leske

THE HAGUE, Nov 9 (Reuters) - Representatives of former child soldiers and prosecutors presented evidence on Thursday for the first time in the International Criminal Court's case against Congolese militiaman Thomas Lubanga.

Prosecution lawyer Ekkehard Withopf said Lubanga, the founder and leader of one of the most dangerous militia in the Democratic Republic of Congo's Ituri district, trained children to kill, made them kill and let them be killed.

"We will present evidence that there are substantial grounds to believe that Thomas Lubanga is guilty of the crimes with which he is charged," he said.

The ICC was set up as the first permanent global war crimes court in 2002 to try individuals, and Lubanga was the first suspect to be delivered into its custody.

Thursday's confirmation hearing was a necessary procedural step before the case can be brought to trial. The Court in The Hague will examine the prosecutors' case, based on the cases of six child soldiers, and determine if there is sufficient evidence to go to trial.

Those children represent thousands whose voices will not be heard, Luc Walleyn, a legal representative for the victims said adding that "the victims we represent all have in common a shattered youth ... and nights that are haunted by the dead".

Walleyn said that the victims looked forward to a trial hoping it will bring an end to impunity.

Lubanga's lawyer Jean Flamme asked for suspension of the confirmation hearing. "We are not ready," he said and accused the prosecution of withholding information necessary to prepare Lubanga's defense. The judge did not immediately rule on that request.

The prosecutors' indictment said the children, who often joined the militia because of their desperate need for food or desire to avenge their murdered families, were subject to systematic military training and severe discipline.

Commanders urged them to kill members of the Lendu ethnic group in Ituri without instructing them to differentiate between soldiers and civilians, prosecutors said.

The charges against Lubanga, leader of the Union of Congolese Patriots (UPC), an ethnic militia now registered as a political party, relate to the period between July 2002 and December 2003, although the war in the Congo began in 1998.

Up to 30,000 children were associated with the DRC's armed groups during the height of the war, according to estimates.

"The practice of conscripting and enlisting children in warfare ... is one of the most brutal and morally troubling of crimes against the most vulnerable groups in times of war," said deputy prosecutor Fatou Bensouda.

"GHOSTS"

Ituri has been a bloody corner of Congo where ethnic violence between the Hema and Lendu and clashes between militia groups vying for control of mines and taxation have killed 60,000 people since 1999.

Lubanga -- delivered to the court in March -- attended the hearing flanked by two security men. The 45-year-old, who holds a university degree in psychology, has denied the charges.

Walleyn said Lubanga was responsible for the destruction of a whole generation and read what a former child soldier told a psychiatrist: "I am not myself, I have nightmares ... I hear noises of aircraft and I ask other people if they hear it too, but it's just me."

Walleyn said the Lubanga's lawyers have criticised the fact that witnesses are allowed to remain anonymous.

"The defence has accused us of representing ghosts, we do not mind, we represent children whose souls will not rest until justice is done," Walleyn said.

Closing statements in the case are scheduled for Nov. 28 after which the judges have 60 days to decide if the case will go to trial.

Court registrar Bruno Cathala said the charges could be confirmed or thrown out, the judges could adjourn the hearing and request further information, or ask the prosecutor to consider amending a charge.
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