Cases
The Prosecutor v. Bemba et al.
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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 convicted 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)
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Key Events
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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.
- Arrest Warrant Issued : November 20, 2013
- Initial Appearance : November 27, 2013
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Decision on the confirmation of charges
Confirmation of Charges : November 11, 2014
Press release - Start of Trial : September 29, 2015
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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.
Sentencing : March 22, 2017
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