2 July 2008 The Hague, International Criminal Court The judges of the International Criminal Court's first trial chamber toaday ordered the release of Thomas Lubanga Dyilo. The implementation of the decision is pending because the Prosecutors have five days to appeal. 

Following its decision imposing a stay on the proceedings of the ICC's first case against Thomas Lubanga Dyilo, the judges today ordered the release of Lubanga.

However, since an appeal may be filed within five days, the order granting release shall not be enforced until the expiry of the five day time-limit for the prosecution to appeal. Furthermore, if an appeal is filed and a request is made in the appeal for suspensive effect, the accused shall not leave the detention unit in the Scheveningen prison until the Appeals Chamber has resolved whether Lubanga will be granted release.

The judges also noted that an order releasing the accused shall only be put into effect after arrangements have been made for his transfer to a State that is obliged to receive him. According to the judges, the release is the "logical consequence" of the stay on the proceedings imposed on 13 June 2008. It is at present impossible to secure a fair trial for the accused. No finding was made so far as to his guilt or innocence.

In a separate, earlier, decision the Trial Chamber granted leave to appeal the stay - the 'Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused' - as requested by the Prosecutor.

Background information
On 17 March 2006, Thomas Lubanga Dyilo, the founder and leader of the Union des patriotes congolais (Union of Congolese Patriots) was arrested and surrendered to the Court upon a warrant of arrest issued by Pre-Trial Chamber I at the request of the Prosecutor.

On 29 January 2007, Pre-Trial Chamber I confirmed the charges brought by the Prosecutor against Thomas Lubanga Dyilo, namely war crimes consisting of conscripting and enlisting children under the age of 15 into the FPLC, the military wing of the Union des patriotes congolais (UPC), and using them to participate actively in hostilities in Ituri, from September 2002 to 13 August 2003.

A stay of proceedings
The judges, responsible for the conduct of a fair trial, had imposed a stay on the proceedings in the Lubanga case on 13 June 2008, in order to ensure that the rights of each party are respected.

The trial against Thomas Lubanga Dyilo is the first case to arise from investigations in the Democratic Republic of the Congo (DRC). The second case is that against Germain Katanga and Mathieu Ngudjolo Chui and the third case is against Bosco Ntaganda. Investigations are ongoing in the DRC. Recently Jean Pierre Bemba was arrested in Belgium. He is awaiting transfer to The Hague.

written by: ICC Press Release