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Trial Alcove IX has beneath to conditionally absolution Dominic Ongwen from the International Criminal Cloister (ICC) apprehension centermost while he awaits judgment. According to judges, Ongwen’s attorneys did not prove that his affairs had afflicted in adjustment to absolve absolution him.
The board said in their accustomed April 17 accommodation the affidavit Ongwen’s attorneys gave in their appeal for codicillary absolution – that Ongwen was a victim and had been afar from his ancestors – did not argue them to accede to such a request.
“The two arguments avant-garde by the Defence – the accused’s cachet as an declared victim and the actuality that he is afar from his ancestors in apprehension – are not new facts that arose at this date of the proceedings,” said the judges.
Judges Bertram Schmitt (presiding), Péter Kovács, and Raul C. Pangalangan, who anatomy Balloon Alcove IX, are anon apperception on the affirmation presented to them during balloon hearings. Ongwen’s balloon began in December 2016 and assured in March this year back the altered accustomed teams fabricated their closing statements.
Ongwen is on balloon for crimes he is declared to accept committed as a administrator of the Lord’s Resistance Army (LRA) in arctic Uganda amid July 2002 and December 2005. He has been answerable with 70 counts of war crimes and crimes adjoin humanity. He has pleaded not accusable to all counts.
Ongwen has been captivated at the ICC apprehension centermost in The Hague back January 2015. For abutting to 10 years Ongwen had an ICC arrest accreditation issued adjoin him. He was brought to The Hague afterwards he surrendered to a militia accumulation in January 2015 in the Central Africa Republic. He was eventually handed over to authorities of the Central Africa Republic who in about-face gave him to ICC admiral on the backbone of the July 8, 2005 ICC arrest warrant. Affairs adjoin Ongwen could alone alpha with him present in cloister because the ICC does not conduct cases back a doubtable or accused being is absent.
In their April 17 decision, Balloon Alcove IX additionally absolved Ongwen’s lawyers’ angle that the “Acholi Cultural Institution” could administer him if he was released.
“It is the Chamber’s consequence that the Defence suggests that the accused could be placed in his home area, while apprehension judgment. The Alcove is of the appearance that this heightens the affairs that the accused ability not arise at balloon or abscond,” the board said.
“Noting additionally that the Defence has not fabricated any submissions in applied agreement and has not defined the altitude it suggests to be imposed on the accused, the Alcove deems clashing the envisaged absolution to the administration of a cultural academy over which the Cloister has no control,” said the judges.
“Accordingly, it does not see in this book the achievability of any codicillary absolution that could abundantly abate the accident of absconding,” the board said.
The aegis asked Balloon Alcove IX to accede conditionally absolution Ongwen in their February 24 closing brief. Then, on February 26, the alcove asked the added accustomed teams to acknowledge to that request. The prosecution, the Common Accustomed Representative of Victims (CLRV), and the Accustomed Representatives of Victims (LRV) filed their responses as confidential. These submissions became accessible back the alcove ordered they be reclassified in its April 17 decision. The prosecution, the CLRV, and the LRV all adjoin the appeal for Ongwen to be arise conditionally. The CLRV and the LRV are two accustomed teams apery added than 4,000 victims registered to participate in Ongwen’s trial.
Together with the affair of whether to conditionally absolution Ongwen, Balloon Alcove IX asked the altered accustomed teams to accord their angle on the abstracted amount of the communications restrictions imposed on Ongwen back June 2015. The board additionally asked the aegis to acknowledge to those submissions.
The prosecution, the CLRV, and the LRV all said the restrictions should abide to ensure the assurance of witnesses. The aegis asked the board to lift the restrictions.
Trial Alcove IX accustomed the aegis appeal and ordered the restrictions lifted. The board said they accustomed the apropos aloft about assurance of witnesses. They said if assemblage were declared to affirm in the future, those assemblage would be bound in cardinal and the accident to them would be reduced.
“Additionally, The Alcove addendum that there accept been no incidents accompanying to any declared attestant arrest back 2016,” the board said.
The alcove additionally said the restrictions were no best all-important because there has been a agreement in abode back November 11, 2015 that gave assertive protections to case and aegis witnesses. The alcove added empiric that the Regulations of the Registry laid out how the aegis could get in blow with a case witness.
In a June 8, 2015 order, the Single Judge of Pre-Trial Alcove II, Cuno Tarfusser, imposed acting restrictions on Ongwen’s non-privileged communications afterwards there were suspicions he was aggravating to access individuals who had “information accordant to the case.” Judge Tarfusser did not analyze the individuals, but it afterwards emerged during the balloon that they were above “wives” of Ongwen.
Judge Tarfusser would afterwards accomplish abiding and adapt that adjustment in an August 3, 2015 accommodation afterwards accepting submissions from the case and aegis on the matter.
The restrictions Judge Tarfusser imposed on Ongwen prevented him from contacting any of his above “wives.” They additionally included attached the cardinal of hours in a ages Ongwen had non-privileged communications, and the ICC apprehension centermost was appropriate to almanac all of his non-privileged communications.
In a June 24, 2015 accommodation accompanying to the restrictions, Judge Tarfusser described, after allotment names, how Ongwen was doubtable to accept approved to access individuals the case at the time declared as “potential case witnesses.”
The case acclimated this description because in June 2015 they had not issued the Document Containing the Accuse (DCC), which would be the base of hearings Pre-Trial Alcove II captivated to actuate whether to affirm the accuse adjoin Ongwen.
In the June 24, 2015 accommodation Judge Tarfusser said no accustomed aggregation contested that in aboriginal June there was a affair in Uganda beneath the advocacy of a Ugandan non-governmental alignment in which these individuals participated. Judge Tarfusser additionally said it was not contested that Ongwen declared the participants of that affair from the ICC apprehension centermost and batten to bristles of them.
During the aegis appearance of the balloon added capacity of that affair emerged. The case said it took abode on June 2, 2015 at the appointment of the Justice and Reconciliation Project in Gulu. The case said this back cross-examining aegis attestant Florence Ayot, a above “wife” of Ongwen’s, in September aftermost year.
Ayot said in her affidavit on September 27 she was present at that affair whose participants were Ongwen above “wives.” Ayot said during the affair Ongwen declared one of them, Agnes Aber, and again Aber’s adaptable buzz was anesthetized about for Ongwen to allege to the added women present, including herself.
When cross-examined by chief prosecutor Benjamin Gumpert, Ayot denied she approved to access the added above “wives” not to abuse Ongwen’s case. She additionally denied she reassured Ongwen that his above “wives” would not affirm adjoin him.
In September and November of 2015, eight of Ongwen’s above “wives” testified afore Judge Tarfusser about animal and gender-based crimes Ongwen is declared to accept committed adjoin them. In March 2016, the three-judge Pre-Trial Alcove II accustomed the affidavit of seven of these women as aboveboard and accepted the accuse adjoin Ongwen accompanying to them. The archetype of the affidavit of the seven above “wives” of Ongwen is allotment of the affirmation Balloon Alcove IX is apperception on.
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