Justice has no Borders

International Criminal Bar

 

 

The Panel composed of Judges Piotr Hofmański, Presiding, Sanji Mmasenono Monageng and Christine Van den Wyngaert, conducted a review concerning the reduction of Mr Katanga's sentence pursuant to article 110 of the Rome Statute, which provides that "[w]hen the person has served two thirds of the sentence; […] the Court shall review the sentence to determine whether it should be reduced".

 

Germain Katanga was sentenced, on 23 May 2014, to a total of 12 years' imprisonment after being found guilty, as an accessory, of one count of crime against humanity (murder) and four counts of war crimes (murder, attacking a civilian population, destruction of property and pillaging) committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the Democratic Republic of the Congo (DRC). The time spent by Mr Katanga in detention prior to being convicted was deducted from the sentence imposed. Accordingly, on 18 September 2015, Mr Katanga had served the statutory two-thirds of his sentence.

 

The Panel considered the parties' and participants' observations, and examined all factors set out in the Statute and the Rules of Procedure and Evidence. The Panel found the following factors to support a reduction in Mr Katanga's sentence: (i) an early and continuing willingness by Mr Katanga to cooperate with the Court in its investigations and prosecutions; (ii) a genuine dissociation from his crimes demonstrated by Mr Katanga's conduct while in detention; (iii) the prospect of resocialisation and successful resettlement of Mr Katanga; and (iv) a change in Mr Katanga's individual circumstances. In particular, the Panel found that Mr Katanga had "repeatedly and publically taken responsibility for the crimes for which he was convicted, as well as expressed regret for the harm caused to the victims by his actions". The Panel also considered that Mr Katanga's early release would give rise to some social instability in the DRC, but found no evidence to suggest that it would be of a significant level.

 

Taking into account the number of factors favouring a reduction in sentence and the extent of reduction that those factors supported, the three Judges concluded that it is appropriate to reduce Mr Katanga's sentence by 3 years and 8 months.

 

The reparations proceedings in this case are currently before Trial Chamber II and a decision on reparations for victims will be rendered in due course.

Coalition for the International Criminal Court

4Th International Meeting Of Defence Offices

25 & 26 November 2016 London, United Kingdom

SUMMARY REPORT

 

Defence Office of the Special Tribunal for Lebanon

Dear Madam, Sir,

The Defence Office of the Special Tribunal for Lebanon thank you again for your participation in the Fourth International Meetings of Defence Offices which were held in London, on 25th and 26th of November 2016.

Please find attached the Summary report of the Meetings in French, English and Arabic. 

You will also find attached the questionnaire on Defence Investigations, which we thank you for completing in the language of your choice, and sending back to us, if you have not already done so. As Johann said during the Meetings,your answers will be very useful in that they will illustrate the Guide to Investigations with concrete examples from you experience.

Thank you again for your participation and we hope to see you again in Nuremberg for the Fifth Meetings in 2017.

Kind regards,

IX Madrid Meeting

THE IX MADRID MEETING April 27th, 28th , 29th 2017