(EMAILWIRE.COM, October 02, 2009 ) The Hague -

Situation: The Democratic Republic of the Congo
Case: The Prosecutor v. Thomas Lubanga Dyilo

Today, 2 October, 2009, Trial Chamber I of the International Criminal Court issued a decision adjourning the presentation of the evidence of the Defence in the trial of Thomas Lubanga Dyilo to await a decision of the Appeals Chamber on the legal characterisation of the facts. The Defence was scheduled to start presenting its evidence in October, 2009.



The Chamber found that “Mr Thomas Lubanga Dyilo should know whether or not the legal characterisation of the facts may be subject to change, so as to include the elements of sexual slavery, inhuman treatment and cruel treatment. “



On 14 July, 2009, Trial Chamber I issued by majority, a decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court.



Both the Office of the Prosecutor and the Defence of Mr Lubanga appealed this decision.

The Prosecution concluded the presentation of its case in the trial of Thomas Lubanga Dyilo on 14 July, 2009. Thomas Lubanga, alleged founder and leader of the Union des patriotes congolais (UPC), faces counts of war crimes consisting of enlisting and conscripting children under the age of 15 years and using them to participate actively in hostilities in the Democratic Republic of the Congo (DRC). The trial started on 26 January, 2009.

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