ICC: Prosecution requests to add material provided to its mental health experts to evidence in Ongwen case

The Prosecution states its Request for Leave to add material provided to mental health experts to its List of Evidence should be granted since it will enable the Chamber to make a more comprehensive assessment of the material reviewed by the Prosecution. The Prosecution argues this does not prejudice the Defense, which is on notice …

ICC: Decision on Defense request for leave to appeal Decision 1147 in Ongwen case

The Chamber rejects the Request for Leave to Appeal Decision 1147 because none of the four issues highlighted by the Defense arise from the Impugned Decision, and therefore, fail to meet the requirements of Article 82(1)(d) of the Rome Statute. In respect of the First and Second Issue, the issues at stake relate to the …

ICC: Ongwen Defense requests leave to appeal decision on fair trial violations

The Defense in the trial of Dominic Ongwen requests leave to appeal the decision on the Defense’s request for findings on fair trial violations related to the Acholi translation of the Confirmation Decision. The Trial Chamber failed to see how a lack of translation was necessary for the requirement of fairness under Article 67 of …

ICC: Decision on Ongwen Defense’s request for findings on fair trial violations

In the case of The Prosecutor v. Dominic Ongwen, Trial Chamber finds that, contrary the Defense's argument, the confirmed charges were read to Mr. Ongwen on the first day of trial, he heard the entire trial through Acholi interpretation, and was able to instruct his Defense team throughout the trial without any discernible impediments. The …

ICC: Prosecution’s response to Defense’s request for findings on fair trial violations

24 January 2018 - The Prosecution states Mr. Ongwen has been in receipt of an Acholi translation of the Document Containing the Charges (DCC), which was repeated almost verbatim in the Confirmation of Charges Decision (CoC). They claim that the charges were read to Mr. Ongwen on the first day of trial, and that the …

ICC: Defense requests findings on fair trial violations

The Defense states Mr. Ongwen has not been provided with a complete translation of the charging document, the Confirmation of Charges Decision (CoC), into a language he fully understands and speaks, which is Acholi. The Defense argues this remains a continuing violation of Mr. Ongwen's rights under Article 67 of the Rome Statute and that …

ICC: Ongwen Defense responds to Prosecution’s fair trial arguments

The Ongwen Defense states the Prosecution is mischaracterizing and misrepresenting the Defense's arguments in regards to the fair trial right of notice in Mr. Ongwen's case. The Prosecution’s argument concludes that the principle of equality of arms refers to procedural equality between parties, not, as the Defense has argued, the equality of resources. The Defense …

ICC: Ongwen prosecution responds to Defense’s observations on fair trial

The Ongwen Prosecution responds to the Defense's observations on fair trial. The Prosecution does not dispute Mr. Ongwen’s right to a fair trial and equality of arms as one of its features under Article 67 of the Rome Statute. However, they respond to the Defense's observations by stating that equality of arms does not mean …

ICC: Legal Representatives for Victims submit preliminary list of witnesses in Ongwen trial

The Legal Representatives of Victims (LRV), who represent 2598 victims, submit their preliminary list of witnesses to be called following the close of the Prosecutor’s case against Dominic Ongwen. The LRV ensures that those chosen will be best-placed to give evidence that will not be cumulative with what has already been presented in the case.

ICC: Ongwen defense makes observations about fair trial

In the trial of Dominic Ongwen, the Defense states their belief that the rights of the accused, found in Article 67 of the Rome Statute, have been violated by a severe inequality in resources between the Prosecution and the Defense. They believe Article 67 should be interpreted broadly as meaning that an accused’s rights should …