ICC READY TO PROSECUTE UGANDAN ARMY OFFICERS; ALSO NEW CHARGES AGAINST LRA’S ONGWEN

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Phakiso Mochochoko addressing the media in Gulu: “ICC ready to prosecute Ugandan army if there is evidence”.

A senior official of The Hague based International Criminal Court (ICC), has said his court is ready to prosecute state crimes committed by the Uganda People’s Defence Force (UPDF) in Northern Uganda if there is evidence.

The Director of Jurisdiction Complementary and Cooperation at the ICC, Mr. Phakiso Mochochoko, told the press at the Northern Uganda Media Club (NUMEC) in Gulu on November 14th 2015 that the ICC have not yet  received any complaint/evidence of atrocities against the UPDF.

He said the court is looking at everything including the crimes which might have been committed by the UPDF. He appealed to anybody with information to come forward and give evident against the State and UPDF, but warned that nobody should interfere with evidence.

“A case stands on the strength of evidence against it. At the moment, we have not been able to receive any information about UPDF atrocities,” he said.

He appealed to Ugandans who know of any incidence of atrocity committed by the UPDF from July 1st 2002, when the court came into force, to come forward and provide evidence to the ICC in the same way people are coming forward to give evidence against the Lord’s Resistance Army (LRA) commander, Dominic Ongwen.

“We have not received any information on state crimes committed by the UPDF. We are looking for everything and I appeal to whoever has information to come forward in the same way there are many who have come out to testify against Dominic Ongwen”.

Mr. Mochochoko revealed that the ICC was in the final stage of adding sixty (60) new charges against Dominic Ongwen, one of the five indicted LRA commanders who is now being detained at The Hague, for alleged crimes he committed at Odek in Gulu district in 2004, at Pajule in Pader district in 2005 and in Abok in Oyam district 2004.

The arrest warrant for Dominic Ongwen lists seven counts on the basis of his individual criminal responsibility (article25(3)(b) of the Statue) allegedly committed on 20th May 2004 at Lukodi concentration camp (Internally Displaced Peoples camp) in Gulu district.

There were three counts of crimes against humanity: murder, enslavement inhumane acts of inflicting serious bodily injury and suffering; and four counts of war crimes: murder, cruel treatment of civilians, intentionally directing an attack against a civilian population and pillaging.

 The attack on Lukodi IDP which is alleged to have been committed by Ongwen’s Sinia Brigade of the LRA resulted in the deaths of 41 people, unknown number of people abducted, at least 13 people injured and 210 civilian houses burnt. It is alleged that as a Brigade Commander of Sinia Brigade of the LRA, Dominic Ongwen would have ordered the commission of crimes within the jurisdiction of the ICC in the context of the Lukodi attack.

The ICC official said the court has dispatched a team of investigators to all these four areas and expressed confidence that they (investigators) will gather enough evident against Ongwen.

On 8th July 2005, the Pre-Trial Chamber II issued warrants of arrest under seal against LRA’s Joseph Kony, Vincent Otti, Raska Lukwiya, Okot Odhiambo and Dominic Ongwen for commission of crimes against humanity and war crimes. The court requested the Republic of Uganda to search for, arrest, detain and surrender them to ICC.

Dominic Ongwen was born in Coorom village in Amuru district in 1975. He was abducted and recruited into LRA rebel rank as a child as was he on his way to school. He rose through the ranks to become the Brigade Commander of LRA’s Sinia Brigade. He surrendered to the ICC in January 2015 and was transferred to the ICC Detention Center on January 21st 2015.

On 6 February 2015, the Pre-Trial Chamber II separated Ongwen’s case from the main case involving the other indicted LRA commanders so as not to delay the trial of Ongwen who was already in custody, but the others were not yet arrested. This made it possible for Ongwen to make initial appearance before Judge Ekaterina Trendafilwa on 26 January 2015 to verify his identity and to ensure that he clearly understood the charges brought against him and in a language he understands best.

The confirmation of charges hearing against Ongwen is scheduled for 21 January 2016 to enable the Court decide whether or not there is sufficient evidence for Ongwen to be committed to trial.

Although the Pre-Trial chamber II had recommended in September 2015 to the ICC Presidency that this confirmation hearing should be held in Uganda, possibly in Gulu, this will no longer be possible.

Mr. Mochochoko said because this is election season in Uganda, the political climate prevailing would not make it possible to have Ongwen brought back to Uganda for the hearing of his case.

“It was looked into quite thoroughly and after careful assessment, it was agreed that it should be held in The Hague. There is fear of election violence and the political climate prevailing in Uganda would not be conducive for the hearing to be held in Uganda. Much as they (The Presidency) would have liked to bring the hearing in Uganda, circumstances are beyond control.” He said.

He said the ICC will look into ways to bringing the proceedings live to the affected communities to see and follow through giant television screens.

Pre-Trial Chamber II consists of three judges: Judge Cuno Tarfusser (Presiding judge), Judge Marc Perrin de Brichambaut and Judge Chang-ho Chung.

Prosecutors are Ms. Fatou Bensouda, James Stewart and Benjamin Gumpert while Defence Counsel is Krispus Ayena Odongo. There will also be unspecified number of Representatives of the victims.

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