The Prosecutor v. Bemba et al.

• Allegations & Charges

  Factual Allegations

  This case arises from the Accused’s actions in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo, in which Jean-Pierre Bemba Gombo was charged, tried, and ultimately acquitted of crimes against humanity (murder, rape) and war crimes (murder, rape, and pillaging) at the ICC. 

  The ICC Office of the Prosecutor (OTP) alleges that lead defense counsel Aimé Kilolo Musamba was in charge of implementation of a scheme, devised by Jean-Pierre Bemba Gombo, along with defense case manager Jean-Jacques Mangenda Kabongo, to transfer financial compensation to defense witnesses in exchange for false testimony and false or forged documents* favorable to the defense of Mr. Bemba in the case of The Prosecutor v. Jean-Pierre Bemba Gombo. (*Pre-Trial Chamber II declined to confirm the charge of false or forged documents.)

  From 2011 to November 14, 2013, Mr. Kilolo, as alleged by the OTP, following conversations with Mr. Bemba, contacted and scheduled defense witnesses, coached defense witnesses on the information to provide and withhold in their testimonies, and transferred money to defense witnesses. Mr. Kilolo also advised defense witnesses to deny any meetings or contact with the defense team and to refuse to meet with the OTP. 

  Please visit the Court’s website for more information on The Prosecutor v. Bemba et al.

  Charges

  The Accused is charged with committing the crimes listed below as an individual, jointly with another or through another person, under Article 25(3)(a) of the Rome Statute, and with ordering, soliciting, or inducing the commission of these crimes under Article 25(3)(b).

  Under these two modes of criminal liability, the Accused is charged with the following crimes:

  Giving False Testimony in Court (Offense against the Administration of Justice): Article 70(1)(a)

  Presenting False Evidence (Offense against the Administration of Justice): Article 70(1)(b)

  Corruptly Influencing Witnesses (Offense against the Administration of Justice): Article 70(1)(c)

• Key Events

  • Pre-Trial Chamber II issued a sealed arrest warrant for Aimé Kilolo Musamba on November 20, 2013, which was unsealed on November 28, 2013. Mr. Kilolo entered ICC custody on November 25, 2013. Charges were confirmed against Mr. Kilolo on November 11, 2014. His trial opened on September 29, 2015.
    
    Aimé Kilolo Musamba was found guilty of corruptly influencing witnesses, presenting false evidence, and aiding witnesses in providing false testimony, and was subsequently sentenced to pay a fine of EUR 30,000 and to a suspended sentence of 2 years and 6 months’ imprisonment with approximately 11 months deducted for time already imprisoned. On appeal, Mr. Kilolo’s conviction was upheld in part but he was acquitted of the charge under Article 70(1)(b) of presenting false or forged evidence. The case was remanded, per the OTP’s appeal, for reconsideration of the sentence upon findings that the Trial Chamber had erred in assessing the gravity of the offenses and does not have the power to impose suspended sentences.

    On September 17, 2018, Mr. Kilolo was re-sentenced to 11 months’ imprisonment – which was considered to have been served when accounting for prior imprisonment – and a fine of EUR 30,000.

  • Arrest warrant

    Arrest Warrant Issued : November 20, 2013
  • Initial Appearance : November 27, 2013

  • Decision on the confirmation of charges
    Press release

    Confirmation of Charges : November 11, 2014

  • Press release

    Start of Trial : September 29, 2015

  • Mr. Kilolo and four other accused were convicted of various offenses against the administration of justice.

    Mr. Kilolo was convicted of corruptly influencing 14 witnesses , presenting their false evidence (Articles 70(1)(b) and (c)), and inducing false testimony by witnesses.

    Press Release
    Trial Judgment 
    Summary of the Judgment

    Convicted : October 19, 2016

  • Aimé Kilolo Musamba was sentenced to 2 years and 6 months’ imprisonment and EUR 30,000 fine. The time that Mr. Kilolo previously spent in detention was deducted and the Chamber ordered the suspension of the remaining term of imprisonment for a period of 3 years so that the sentence shall not take effect (i) if Mr. Kilolo pays the fine; and (ii) unless during that period Mr. Kilolo commits another offence anywhere that is punishable with imprisonment.

    Press Release
    Sentencing Decision

    Sentencing : March 22, 2017

  • On appeal, Mr. Kilolo’s conviction was upheld in part, but he was acquitted of the charge of presenting false or forged evidence under Article 70(1)(b). The Appeals Chamber found that provision of the statute only applied to presenting documentary evidence, not calling of witnesses (at issue in this case).

    The Appeals Chamber also found that the Trial Chamber did not have the power to impose suspended sentences, as it had done in Mr. Kilolo’s case, and that the Trial Chamber had failed to adequately assess the gravity of the offenses, and remanded to the Trial Chamber to determine a new sentence for Mr. Kilolo and two other defendants in the case.

    Press Release
    Appeals Judgment on Conviction
    Summary of Appeals Judgment on Conviction
    Appeals Judgment on Sentence
    Summary of Appeals Judgment on Sentence

    Appeal : March 8, 2018

  • On September 17, 2018, Mr. Kilolo was re-sentenced to 11 months’ imprisonment – which was considered to have been served when accounting for prior imprisonment – and a fine of EUR 30,000.

    Press Release
    Decision on Re-Sentencing

    Re-sentenced : September 17, 2018