Int’t Criminal Court Sentences Congo Rebel, Ntaganda To 30 Years’ Imprisonment
LAGOS NOVEMBER 7TH (NEWSRANGERS)- On 7 November 2019, Trial Chamber VI of the International Criminal Court (“ICC”) (https://www.ICC-CPI.int/), unanimously, sentenced (http://bit.ly/32mJ6j9) Bosco Ntaganda to a total of 30 years of imprisonment.
The time
Mr Ntaganda has spent in detention at the ICC – from 22 March 2013
to 7 November 2019 – will be deducted from this sentence.
To make its decision, the Chamber received submissions from the parties and
participants regarding the possible sentence, heard witnesses and admitted
evidence, and held a hearing on the matter on 17-20 September 2019.
The Chamber
considered the gravity of the crimes and the degree of harm caused by each
crime as well as Mr Ntaganda’s culpability, namely his level of intent and
degree of participation. The Chamber also considered potentially mitigating
circumstances but found them either not to be established or considered the
weight accorded to be too limited to impact on the individual and overall
sentences. While the Chamber did find specific aggravating factors to exist
with respect to a number of the crimes, it did not consider the allegations
about witness interference, which were presented as aggravating circumstances
by the Prosecution and one of the Legal Representative of Victims, because the
alleged interference was not proven to the standard required for aggravating
circumstances, namely beyond reasonable doubt.
On the basis of its overall assessment, and in accordance with the Rome
Statute, the Chamber imposed a specific sentence for each of the crimes
committed by Mr Ntaganda. These sentences ranged from eight years to 30 years
of imprisonment. In addition, the Chamber imposed a joint overall sentence.
Since the Chamber considered that the conditions warranting life imprisonment
were not met, and because in such a situation the total period of imprisonment
may not exceed 30 years in accordance with the Rome Statute, the Chamber
considered that it had no further discretion in the determination of the
overall joint sentence. It therefore sentenced Bosco Ntaganda to a total of 30
years of imprisonment.
In the circumstances of the case, taking into consideration the nature and
gravity of the crimes, as well as Mr Ntaganda’s solvency, the Chamber did not
consider it appropriate to also impose a fine or forfeiture of proceeds in
addition to imprisonment.
Next steps: The Defence and the
Prosecution may appeal this Sentencing Judgment within 30 days. Reparations to
victims will be addressed in due course.
Background: On 8 July 2019,
Trial Chamber VI found (http://bit.ly/2WRmnur)
Mr Bosco Ntaganda guilty, beyond reasonable doubt, of 18 counts of war crimes
and crimes against humanity, committed in Ituri, Democratic Republic of the
Congo (DRC), in 2002-2003, namely the following crimes against humanity: murder
and attempted murder, rape, sexual slavery, persecution, forcible transfer and
deportation ; and the following war crimes: murder and attempted murder, intentionally
directing attacks against civilians, rape, sexual slavery, ordering the
displacement of the civilian population, conscripting and enlisting children
under the age of 15 years into an armed group and using them to participate
actively in hostilities, intentionally directing attacks against protected
objects, and destroying the adversary’s property. The verdict is currently
subject to appeals.
APO GROUP
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Posted by News Rangers
on Nov 7 2019. Filed under International, National.
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