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Victims urge ICC to bring Congo's Lubanga to trial
28 Nov 2006 18:18:07 GMT
Source: Reuters

(Adds defence quote in para 9, deadline in last para)

By Anna Mudeva

THE HAGUE, Nov 28 (Reuters) - Representatives of former child soldiers and prosecutors called on the International Criminal Court on Tuesday to bring the case of Congolese militia leader Thomas Lubanga to trial.

Lubanga, the founder and leader of one of the most dangerous militias in the Democratic Republic of Congo's Ituri district, could be the first person to be tried by the ICC if charges against him of using children as soldiers are confirmed.

The Hague-based court wrapped up confirmation hearings on Tuesday to examine the prosecutors' case and decide whether there is enough evidence to go to trial.

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

Prosecution lawyer Ekkehard Withopf said in his closing speech: "The prosecution has provided sufficient evidence to establish substantial grounds to believe that Thomas Lubanga Dyilo committed the war crimes of which he is charged."

Lubanga is charged with conscripting children to armed groups and using them to participate actively in hostility.

The indictment details how children below the age of 15 were subject to systematic military training and severe discipline.

Lubanga's defence lawyer, Jean Flamme, who has accused the prosecution of withholding information necessary to prepare the defence, maintained he did not have enough time to prepare and said his client was innocent.

"Mr. Prosecutor, I accuse you of conducting a political case and entangling the ICC in political proceedings," he said. "You will go down in history for keeping Congo's Nelson Mandela."

Flamme said the prosecutors had not presented enough evidence, and accusations against Lubanga, such as being a warlord, were false. He said that child soldiers in Ituri described by witnesses had belonged to Ugandan forces.

HUNGER AND DISEASE

The Congo -- rich in gold, diamonds and timber -- was the battleground for rebels, local factions, tribes and several neighbouring countries, including Uganda, in a 1998-2003 war in which 4 million people died, mainly from hunger and disease.

Legal representatives of the victims called on the court to ensure that a trial would take place.

"Children are precious, they are angels. But those children who were enlisted by Thomas Lubanga Dyilo no longer have a future," said Franck Mulenda, one of the legal representatives.

"What I expect of the (pre-trial) chamber is justice. Let justice be done and let it be done expeditiously," Mulenda 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.

Lubanga, a father of seven, attended the hearing dressed in white. The 45-year-old, who holds a university degree in psychology, has denied the charges.

Victims' rights group REDRESS said it was concerned that charges against Lubanga related only to using child soldiers and urged the ICC to investigate crimes such as killings, rape and torture perpetrated by all armed groups in Congo.

"Many in Eastern Congo have difficulty understanding this singular focus and are disappointed," UK-based REDRESS, which seeks reparation for torture survivors, said in a statement.

The judges have until January 29 to decide whether the case can go to trial or to ask for further evidence or investigations. The judges can also ask the prosecutor to amend the charges.

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