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Arrest and detention of two lawyers defending the interests of Jean-Pierre Bemba at the International Criminal Court for alleged abuses in the administration of justice: the ASF network demand their immediate release.
20 November 2013, the Single Judge of Pre-Trial Chamber II of the International Criminal Court issuedan arrest warrant against Jean-Pierre Bemba Gombo, but also the lead counsel Mr. Aimé Kilolo Musamba and Maître Jean- Jacques Mangenda Kabongo (member of the Defence team of Mr. Bemba).
A Congolese parliamentary and summoned by the defense witness were also arrested. The five mentioned above are suspected of tampering with witnesses and production elements deliberately false or falsified evidence in the context of the main proceedings, the Prosecutor against Jean-Pierre Bemba Gombo.
Our two Brothers were arrested on 23 and 24 November 2013 in Brussels and The Hague. Their offices were searched and documents were seized.
They were transferred to the Detention Unit of the International Criminal Court and remanded in custody.
The Lawyers Network Sans Frontieres is deeply concerned by such coercion against two lawyers in the exercise of their duties by a decision of the International Criminal Court. It is shocking that the arrest warrant of 20 November 2013 invokes a flight risk to justify the detention of our colleagues when they have their main residence in Brussels and The Hague. Subpoena would have been sufficient.Deprivation of liberty may be imposed only under strict conditions are not fulfilled in this case. It is also surprising that other suspects prosecuted for far more serious crimes freely appear before the International Criminal Court.
The Network Lawyers Without Borders points out that these two arrests were made in the presence of investigators and members of the OTP without the presence of Blankets in The Hague. There can be no equal justice without a free and independent defense, why the benefit of special protection in the event of arrest, search and seizure of documents covered by confidentiality and professional secrecy lawyer whose protection is guaranteed by the presence of Blankets.
The Network Lawyers Without Borders notes that the arrest of lawyers, entering business records and wiretapping of privileged attorney-client conversations since July 29, 2013 is able to irreversibly prejudice the defense of their client Jean- Pierre Bemba Gombo.
The Lawyers Without Borders Network is concerned that the arrest of his colleagues has been implemented by the Prosecutor who is a party in the main case against their client Jean-Pierre Bemba Gombo, eliminating his opponents.
The Network Lawyers Without Borders questions the legality of certain decisions (wiretapping, appointment of an “independent board” etc.) and considers that the decisions that were taken in this case undermine the function of the criminal defense those who exercise it, lawyers. International Criminal Justice copy must remain in compliance with balances that underpin fair trial.
The Lawyers Without Borders Network urges the International Criminal Court:
- full awareness of the issues involved in this case, to decide the immediate release of our colleagues;
- entrusted to an independent authority, by way of an amicus curiae, an investigation into the allegations;
- strictly respect the presumption of innocence and due process in the conduct of this case.
Refer to the arrest warrant of 20 November 2013
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