ICC-01/04-02/06-T-23-ENG ET WT 02-09-2015 1/67 SZ T Trial Hearing (Open Session) ICC-01/04-02/06 1 International Criminal Court 2 Trial Chamber VI - Courtroom 1 3 Situation: Democratic Republic of the Congo 4 In the case of The Prosecutor v. Bosco Ntaganda - ICC-01/04-02/06 5 Presiding Judge Robert Fremr, Judge Kuniko Ozaki and Judge Chang-ho Chung 6 Trial Hearing 7 Wednesday, 2 September 2015 8 (The hearing starts in open session at 9.32 a.m.) 9 THE COURT USHER: All rise. 10 The International Criminal Court is now in session. 11 Please be seated. 12 PRESIDING JUDGE FREMR: Good morning, everybody. 13 Court officer, please call the case. 14 THE COURT OFFICER: Thank you, Mr President. 15 The situation in the Democratic Republic of the Congo, in the case of The Prosecutor 16 versus Bosco Ntaganda, case reference ICC-01/04-02/06. 17 We are in open session. 18 PRESIDING JUDGE FREMR: Thank you. 19 First of all, I would like to welcome the parties, the participants, Mr Bosco Ntaganda, 20 the accused. I also welcome those who are watching this hearing from the public 21 gallery. 22 Now I ask for appearances and I would appreciate if lead counsels introduce themself 23 and members of their team, starting with Prosecution. 24 Madam Prosecutor, please. 25 MS BENSOUDA: Thank you, Mr President. Mr President, the Office of the 02.09.2015 Page 1 ICC-01/04-02/06-T-23-ENG ET WT 02-09-2015 2/67 SZ T Trial Hearing (Open Session) ICC-01/04-02/06 1 Prosecutor is represented in this matter by Nicole Samson, senior trial lawyer; Dianne 2 Luping, trial lawyer; Eric Iverson, trial lawyer; Julieta Solano, trial lawyer; Rens van 3 der Werf, assistant trial lawyer; Pascal Turlan, judicial cooperation adviser; Abdoul 4 Aziz Mbaye, international cooperation adviser; Selamawit Yirgou, case manager; Mr 5 President, and myself, Fatou Bensouda, Prosecutor. 6 PRESIDING JUDGE FREMR: Thank you very much, Madam Prosecutor. 7 Now, Defence, please. 8 MR BOURGON: (Interpretation) Good morning, Mr President, your Honours and 9 everybody present in the courtroom. It is my pleasure to present the Defence team 10 of Mr Ntaganda. You have Mr Michielsen, intern; you have the case manager, 11 Margaux Portier; you have William St-Michel; Chloé Grandon; Maître Luc Boutin; 12 and myself, Stéphane Bourgon. Thank you, Mr President. 13 PRESIDING JUDGE FREMR: Thank you, Mr Bourgon. 14 And finally Legal Representatives of Victims, please. 15 MS PELLET: (Interpretation) Thank you, Mr President, your Honours. The 16 group of former child soldiers is represented by myself, Sarah Pellet, counsel at the 17 OPCV; and Mr Abdou Mohamed, associate legal officer; and Maître Frank Mulenda, 18 who unfortunately for unavoidable reasons is unable to be present today. 19 MR SUPRUN: (Interpretation) Good morning, your Honours. The victims of the 20 attacks are represented today by Ana Grabowski, associate legal officer; Cherine 21 Luzaisu, field counsel; and myself, Dmytro Suprun. 22 PRESIDING JUDGE FREMR: Thank you both of you. 23 And for the sake of completeness I have to add that Trial Chamber VI of the 24 International Criminal Court is composed of Judge Kuniko Ozaki, on my right; Judge 25 Chang-ho Chung, on my left; and myself, Judge Robert Fremr. 02.09.2015 Page 2 ICC-01/04-02/06-T-23-ENG ET WT 02-09-2015 3/67 SZ T Trial Hearing (Open Session) ICC-01/04-02/06 1 We are here today for the opening of the trial in the case of the Prosecutor against 2 Mr Bosco Ntaganda. 3 Today, after the charges are read to the accused, we will first hear the opening 4 statement of the Prosecution. This statement is going to be followed probably 5 tomorrow morning by the opening statements of the two Legal Representatives of 6 Victims. And after that, the Defence will present its opening statement that may or 7 may not include an unsworn statement of Mr Ntaganda. 8 But before that, as a preliminary matter, the Chamber will recall some key moments 9 of this proceeding so far. 10 On 22 August 2006 and 13 July 2012, two warrants of arrest were issued for 11 Mr Ntaganda for war crimes and crimes against humanity, allegedly committed in 12 the Ituri district in the Democratic Republic of Congo in 2002 and 2003. Having 13 voluntarily surrendered on 22 March 2013, Mr Ntaganda was transferred to the Court 14 for his first appearance on 26 March 2013. 15 Then on 9 June 2014, Pre-Trial Chamber II confirmed the charges against 16 Mr Ntaganda. 17 On 18 July 2014, the Presidency constituted Trial Chamber VI and referred to it this 18 case. 19 Since then, the Chamber, along with the parties and participants has conducted the 20 preparatory work that led to today's opening of trial. 21 During this phase, the Chamber also set out the procedure for the admission of 22 victims to participate in trial. To date, 2,159 victims were admitted to participate in 23 the proceedings. 24 On 16 February 2015, in accordance with a decision of the Chamber, the Prosecution 25 filed an updated Document Containing the Charges. 02.09.2015 Page 3 ICC-01/04-02/06-T-23-ENG ET WT 02-09-2015 4/67 SZ T Trial Hearing (Open Session) ICC-01/04-02/06 1 On 19 March 2015, the Chamber recommended to the ICC Presidency that the 2 opening be held in Bunia, in the Democratic Republic of Congo. However, the 3 Presidency, after consideration of all factors at stake, decided that the potential 4 benefits of holding proceedings in Bunia were outweighed by heightened concerns 5 for the safety and well-being of victims and witnesses, as well as the increased 6 logistical difficulties of holding this part of the trial in Bunia. 7 On 2 June 2015, the Chamber issued a decision on the conduct of proceedings 8 whereby it adopted directions for the conduct of the proceedings, the presentation of 9 evidence and the modalities of victim participation. In that decision, the Chamber 10 also directed the parties to raise any objections or observations within the meaning of 11 Rule 134(2) by 15 June 2015. The Chamber further notes that no such objections or 12 observations were raised, but it is needless to add that the Defence filed just yesterday 13 an application on behalf of Mr Ntaganda challenging the jurisdiction of the Court in 14 respect of Counts 9 and 6 of the Document Containing the Charges. The Prosecution 15 still has to file its response and afterwards the Chamber will adjudicate this matter in 16 due course. 17 At the end of this brief summary, before turning to the reading of the charges, 18 I would like to express the Chamber's appreciation for the hard work of both parties, 19 the Legal Representatives of Victims and the Registry during the preparatory phase of 20 this trial and for the efforts made to maintain timelines consistent with the fair and 21 expeditious conduct of proceedings in accordance with Article 64(2). And I confirm 22 that the Chamber will do its best to continue in the same way. 23 In accordance with Article 64(8)(a) of the Rome Statute, the charges will now be read 24 to Mr Ntaganda, following which he will be invited to enter his plea. 25 I note that on 29 June 2015, Mr Ntaganda filed a declaration of understanding of the 02.09.2015 Page 4 ICC-01/04-02/06-T-23-ENG ET WT 02-09-2015 5/67 SZ T Trial Hearing (Open Session) ICC-01/04-02/06 1 charges. In this declaration, Mr Ntaganda confirmed that he is duly informed, in 2 detail, of the nature, cause and content of the charges against him and that he 3 consented that only the charges section of the updated Document Containing the 4 Charges, namely section H(ii), be read out today. 5 Mr Bourgon, please could you just confirm what I just have said on behalf of your 6 client once more for the record. 7 MR BOURGON: (Interpretation) Thank you, Mr President. On behalf of 8 Mr Bosco Ntaganda, I confirm what the Chamber has just stated. Thank you. 9 PRESIDING JUDGE FREMR: Thank you very much, Mr Bourgon. 10 So now court officer, please read the summary of the charges as contained in the 11 charges section of the updated Document Containing the Charges, please. 12 THE COURT OFFICER: Thank you, Mr President. 13 Count 1: Murder and attempted murder of civilians, a crime against humanity, 14 punishable pursuant to Articles 7(1)(a), as well as 25(3)(a) - direct perpetration and/or 15 indirect co-perpetration, 25(3)(b), 25(3)(d)(i) or (ii), 25(3)(f), or 28(a) in Banyali-Kilo 16 collectivité, in or around Mongbwalu, Pluto, Nzebi, Sayo, and Kilo and in the 17 Walendu-Djatsi collectivité in or around Kobu, Sangi, Bambu, Lipri, Tsili, Ngongo 18 and Jitchu. 19 Count 2: Murder and attempted murder of civilians, a war crime, punishable 20 pursuant to Article 8(2)(c)(i), as well as 25(3)(a) - direct perpetration and/or indirect 21 co-perpetration, 25(3)(b), 25(3)(d)(i) or (ii), 25(3)(f), or 28(a) in Banyali-Kilo collectivité, 22 in or around Mongbwalu, Pluto, Nzebi, Sayo, and Kilo, and in the Walendu-Djatsi 23 collectivité, in or around Kobu, Sangi, Bambu, Lipri, Tsili, Ngongo and Jitchu.