Aimé Kilolo Musamba
Lead Defense Counsel for Jean-Pierre Bemba Gombo in The Prosecutor v. Jean-Pierre Bemba Gombo
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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 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)
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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.
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 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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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.
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.
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
Appeal : March 8, 2018
Appeals Judgment on Conviction
Summary of Appeals Judgment on Conviction
Appeals Judgment on Sentence
Summary of Appeals Judgment on Sentence -
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.
Re-sentenced : September 17, 2018
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Fidèle Babala Wandu
Member of Parliament in the Democratic Republic of the Congo, Deputy Secretary General of the Mouvement de libération du Congo (Movement for the Liberation of Congo, MLC)
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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 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 Jean-Pierre Bemba Gombo’s former primary political advisor Fidèle Babala Wandu participated in a scheme, devised by Mr. Bemba, to transfer financial compensation to defense witnesses in exchange for false evidence (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 2012 to November 14, 2013, Mr. Babala, as alleged by the OTP, following conversations with Mr. Bemba, made transfers of money to defense witnesses. Mr. Babala personally and through his chauffeur also made transfers of money to lead defense counsel Aimé Kilolo Musamba and defense case manager Jean-Jacques Mangenda Kabongo.
Please visit the Court’s website for more information on The Prosecutor v. Bemba et al.
Charges
The Accused is alleged to have aided and abetted, or otherwise assisted in, the commission of the crimes listed below under Article 25(3)(c) of the Rome Statute.
Under this mode 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 Fidèle Babala Wandu on November 20, 2013, which was unsealed on November 28, 2013. Mr. Babala entered ICC custody on November 25, 2013. Charges against Mr. Babala were confirmed on November 11, 2014. His trial opened on September 29, 2015.
On October 19, 2016, Mr. Babala was convicted of aiding Mr. Bemba, Kilolo and Mangenda in corruptly influencing 2 witnesses (Article 70(1)(c)). He was acquitted of aiding, abetting or otherwise assisting in corruptly influencing the 12 other witnesses, and acquitted of aiding, abetting, or otherwise assisting in giving false testimony by witnesses or presenting false evidence by any of the 14 witnesses to the court (Article 70(1)(a) and (b)). Mr. Babala was sentenced in total to 6 months’ imprisonment, with time spent previously in detention was deducted, which the Chamber therefore considered served.
On March 8, 2018, the Appeals Chamber rejected Mr. Babala’s appeals as to both his conviction and his sentence, making both final.
- 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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Mr. Babala and four other accused were convicted of various offenses against the administration of justice.
Mr. Babala was convicted of aiding Mr. Bemba, Kilolo and Mangenda in corruptly influencing 2 witnesses (Article 70(1)(c)). He was acquitted of aiding, abetting or otherwise assisting in corruptly influencing the 12 other witnesses, and acquitted of aiding, abetting, or otherwise assisting in giving false testimony by witnesses or presenting false evidence by any of the 14 witnesses to the court (Article 70(1)(a) and (b)).
Convicted : October 19, 2016 -
Fidèle Babala Wandu was sentenced in total to 6 months’ imprisonment. The time Mr. Babala spent previously in detention was deducted. Since the imposed sentence is less than the period of time Mr. Babala spent in custody, the Chamber considered the sentence of imprisonment as served.
Sentencing : March 22, 2017 -
The Appeals Chamber rejected Mr. Babala’s appeals as to both his conviction and his sentence, making both final.
Press Release
Appeal : March 8, 2018
Appeals Judgment on Conviction
Summary of Appeals Judgment on Conviction
Appeals Judgment on Sentence
Summary of Appeals Judgment on Sentence
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Jean-Jacques Mangenda Kabongo
Defense Case Manager for Jean-Pierre Bemba Gombo in The Prosecutor v. Jean-Pierre Bemba Gombo
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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 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 defense case manager Jean-Jacques Mangenda Kabongo was a liaison between Jean-Pierre Bemba Gombo and lead defense counsel Aimé Kilolo Musamba in a scheme, devised by Mr. Bemba, 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. Mangenda, as alleged by the OTP, relayed messages between Mr. Bemba and Mr. Kilolo with regard to contacting and scheduling witnesses, coaching of testimonies of witnesses, and transfer of money to witnesses. Mr. Mangenda also made proposals with regard to strategies to be pursued in the defense of Mr. Bemba.
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 aiding, abetting, or otherwise assisting in the commission of these crimes under Article 25(3)(c).
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 Jean-Jacques Mangenda Kabongo on November 20, 2013, which was unsealed on November 28, 2013. Mr. Mangenda entered ICC custody on December 4, 2013. Charges were confirmed against Mr. Mangenda on November 11, 2014. His trial opened on September 29, 2015.
Jean-Jacques Mangenda Kabongo was found guilty of aiding witnesses in providing false testimony, presenting false or forged evidence, and corruptly influencing witnesses. Mr. Mangenda was acquitted of aiding witnesses in providing false testimony as to some witnesses. He was sentenced to a suspended sentence of 2 years’ imprisonment with approximately 11 months deducted for prior detention.
On appeal, Mr. Mangenda’s conviction was upheld in part but he was acquitted of the charge under Article 70(1)(b) of presenting false or forged evidence, as 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 case was remanded, per the OTP’s appeal, for reconsideration of the sentence upon the Appeals Chamber finding that the Trial Chamber had erred in assessing the gravity of the offenses and that the Trial Chamber does not have the power to impose suspended sentences. Mr. Mangenda was re-sentenced on September 17, 2018, to 11 months’ imprisonment, which was deemed to have been served in consideration of Mr. Mangenda’s prior detention.
- Arrest Warrant Issued : November 20, 2013
- Initial Appearance : December 5, 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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Mr. Mangenda and four other accused were convicted of various offenses against the administration of justice.
Mr. Mangenda was convicted of corruptly influencing 14 witnesses and presenting their false evidence (Articles 70(1)(b) and (c)), and aiding or abetting false testimony by witnesses (2 and 7 witnesses respectively).
Mr. Mangenda was acquitted of aiding 5 witnesses in providing false testimony.
Convicted : October 19, 2016 -
Jean-Jacques Mangenda Kabongo was sentenced to 2 years’ imprisonment. The time that Mr. Mangenda spent previously in detention was deducted. The Chamber ordered the suspension of the operation of the remaining term of imprisonment for a period of 3 years so that the sentence shall not take effect unless during that period Mr. Mangenda commits another offence anywhere that is punishable with imprisonment.
Sentencing : March 22, 2017 -
On appeal, Mr. Mangenda’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. Mangenda’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. Mangenda and two other defendants in the case.
Press Release
Appeal : March 8, 2018
Appeals Judgment on Conviction
Summary of Appeals Judgment on Conviction
Appeals Judgment on Sentence
Summary of Appeals Judgment on Sentence -
Mr. Mangenda was re-sentenced on September 17, 2018, to 11 months’ imprisonment, which was deemed to have been served in consideration of Mr. Mangenda’s prior detention.
Re-sentencing : September 17, 2018
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Jean-Pierre Bemba Gombo
President of the Mouvement de Libération du Congo (MLC) and Commander-in-Chief of the MLC’s military branch Armée de Libération du Congo (ALC)
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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 ultimately acquitted on appeal of crimes against humanity (murder, rape) and war crimes (murder, rape, and pillaging) at the ICC.
The ICC Office of the Prosecutor (OTP) alleged that Jean-Pierre Bemba Gombo was the head of a scheme 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. Bemba, as alleged by the OTP, made available financial resources and issued instructions to lead defense counsel Aimé Kilolo Musamba, defense case manager Jean-Jacques Mangenda Kabongo, his former primary political advisor Fidèle Babala Wandu, and defense witness Narcisse Arid with regard to contacting and scheduling defense witnesses, coaching of false statements to be made by defense witnesses, and the amounts of money to be given to defense witnesses.
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 Bemba on November 20, 2013, which was unsealed on November 28, 2013. Charges were confirmed against him on November 11, 2014. His trial opened on September 29, 2015.
Jean-Pierre Bemba Gombo was found guilty on all three charges under Article 70 and was sentenced to one year imprisonment and a fine of EUR 300,000. On appeal, Mr. Bemba’s conviction was upheld in part but he was acquitted of the charge of presenting false or forged evidence under Article 70(1)(b), with the Appeals Chamber finding that provision of the statute only applied to presenting documentary evidence, not calling of witnesses (at issues in this case). The case was remanded for reconsideration of the sentence in light of the Trial Chamber’s failure to adequately assess the gravity of the offenses.Mr. Bemba was re-sentenced on September 17, 2018, to one year imprisonment – with credit for prior detention, meaning the sentence was deemed served – and a EUR 300,000 fine. The Appeals Chamber confirmed the re-sentencing decision, finding that the Trial Chamber acted within its discretion, did not err in law or fact, did not impose a disproportionate sentence, and did not violate Mr. Bemba’s rights.
After being acquitted in the main case (Prosecutor v. Jean-Pierre Bemba Gombo), Mr. Bemba was released from ICC custody in 2018.
- 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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Mr. Bemba and four other accused were convicted of various offenses against the administration of justice. Mr. Bemba was convicted of corruptly influencing 14 witnesses and presenting their false evidence (Articles 70(1)(b) and (c)), and soliciting false testimony by witnesses (Article 70(1)(a).
Convicted : October 19, 2016
Press Release
Trial Judgment
Summary of the Judgment -
Jean-Pierre Bemba Gombo was sentenced to one year imprisonment and a EUR 300,000 fine.
Sentencing : March 22, 2017
Press Release
Sentencing Decision -
On appeal, Mr. Bemba’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 case was remanded for reconsideration of the sentence in light of the Trial Chamber’s failure to adequately assess the gravity of the offenses.
Appeal : March 8, 2018
Press Release
Appeals Judgment on Conviction
Summary of Appeals Judgment on Conviction
Appeals Judgment on Sentence
Summary of Appeals Judgment on Sentence -
Mr. Bemba was re-sentenced on September 17, 2018, to one year imprisonment – with credit for prior detention, meaning the sentence was deemed served – and a EUR 300,000 fine.
On Nov. 27, 2019, the Appeals Chamber confirmed the re-sentencing decision, finding that the Trial Chamber acted within its discretion, did not err in law or fact, did not impose a disproportionate sentence, and did not violate Mr. Bemba’s rights.Press Release
Re-sentenced : September 17, 2018
Decision on Re-Sentencing
Press Release
Appeals Judgment Confirming Decision on Re-Sentencing
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Narcisse Arido
Defense witness for Jean-Pierre Bemba Gombo in The Prosecutor v. Jean-Pierre Bemba Gombo
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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 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 Narcisse Arido, though initially recruited as an expert witness on military operations in the CAR by lead defense counsel Aimé Kilolo Musamba, participated in a scheme, devised by Jean-Pierre Bemba Gombo, 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 2012 to November 14, 2013, Mr. Arido, as alleged by the OTP, recruited other defense witnesses to falsely testify that they were members of CAR armed forces (when they were not), coached their testimonies, and transferred money to them. Mr. Arido also relayed messages between Mr. Kilolo and the recruited defense witnesses and received transfers of money from Mr. Kilolo, Mr. Bemba’s former primary political advisor Fidèle Babala Wandu, and Mr. Babala’s chauffeur.
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 aiding, abetting, or otherwise assisting in the commission of these crimes under Article 25(3)(c).
Under these two modes of criminal liability, the Accused is charged with the following crimes:
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 Narcisse Arido on November 20, 2013, which was unsealed on November 28, 2013. Mr. Arido entered ICC custody on March 18, 2014. Charges against Mr. Arido were confirmed on November 11, 2014. His trial opened on September 29, 2015.
- Arrest Warrant Issued : November 20, 2013
- Initial Appearance : March 20, 2014
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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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Mr. Arido and four other accused were convicted of various offenses against the administration of justice.
Mr. Arido was convicted of corruptly influencing 4 witnesses (Article 70(1)(c)). He was acquitted of aiding, abetting, or otherwise assisting in giving false testimony by witnesses or presenting false evidence of four witnesses (Article 70(1)(a) and (b)).
Convicted : October 19, 2016 -
Narcisse Arido was sentenced in total to 11 months’ imprisonment. The time Mr. Arido spent previously in detention was deducted. Since the imposed sentence is equivalent to the period that Mr. Arido spent in custody, the Chamber considered the sentence of imprisonment as served.
Sentencing : March 22, 2017 -
The Appeals Chamber rejected Mr. Arido’s appeals as to both his conviction and his sentence, making both final.
Press Release
Appeal : March 8, 2018
Appeals Judgment on Conviction
Summary of Appeals Judgment on Conviction
Appeals Judgment on Sentence
Summary of Appeals Judgment on Sentence
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