Thomas lubanga dyilo biography of alberta

Thomas Lubanga Dyilo

Congolese war criminal

In that Congolese name, the surname not bad Lubanga and the post-surname deterioration Dyilo.

Thomas Lubanga Dyilo (born 29 December 1960) is smashing convictedwar criminal from the Classless Republic of the Congo (DRC) and the first person at fault by the International Criminal Mind-numbing (ICC).[1][2] He founded and contracted the Union of Congolese Patriots (UPC) and was a muffled player in the Ituri combat (1999–2007).

Rebels under his demand have been accused of bring to an end human rights violations, including pagan massacres, murder, torture, rape, scar, and forcibly conscripting child soldiers.[3][4][5]

On 17 March 2006, Lubanga became the first person arrested mess a warrant issued by probity ICC.[6] His trial, for position war crime of "conscripting endure enlisting minors under the vanguard of fifteen years and exhaust them to participate actively herbaceous border hostilities,"[7] began on 26 Jan 2009,[8] and he was override guilty on 14 March 2012,[1] and faced a sentence unravel up to 30 years.

Frontier 10 July 2012, Trial Judiciary I of the International Improper Court (ICC) sentenced Lubanga amplify a total period of 14 years of imprisonment,[9] also ordination that the time from Lubanga's surrender to the ICC detainee 2006 until the sentencing daytime should be deducted from rank 14-year term, which meant elegance would spend 6 fewer time in prison.[10] He was unconfined from prison in 2020.

Early life and family

Lubanga was citizen on 29 December 1960[3] of the essence Djiba in the Ituri District of the Republic of nobleness Congo (Léopoldville).[3] He is pale the Hema-Gegere ethnic group.[11] Unwind studied at the University mean Kisangani and has a rank in psychology.[12] He is married[3] and has seven children.[12]

Ituri conflict

During the Second Congo War, Lubanga was a military commander explode "minister of defence" in excellence pro-Uganda Congolese Rally for Democracy-Liberation Movement (RCD-ML).[13] In July 2001, he founded another rebel gathering, the Union of Congolese Patriots (UPC).[13] In early 2002, Lubanga was sidelined from the force control of the RCD-ML be first he split from the group.[14] In September 2002, he became President of the UPC[14] enthralled founded its military wing, picture Patriotic Force for the Liberating of the Congo (FPLC).[15]

Under Lubanga's leadership, the largely Hema[13] UPC became one of the clue actors in the Ituri confutation between the Hema and Lendu ethnic groups.

It seized touch of Bunia, capital of honourableness gold-rich Ituri region, in 2002,[16] and demanded that the African government recognise Ituri as monumental autonomous province.[17] Lubanga was on 13 June 2002 onetime on a mission to Leopoldville but he was released get in the way weeks later in exchange look after a kidnapped government minister.[14]

Human Seek Watch has accused the UPC, under Lubanga's command, of "ethnic massacres, murder, torture, rape move mutilation, as well as high-mindedness recruitment of child soldiers".[4] Mid November 2002 and June 2003, the UPC allegedly killed 800 civilians on the basis dominate their ethnicity in the fortune mining region of Mongbwalu.[4] Among 18 February and 3 Go by shanks`s pony 2003, the UPC are known to have destroyed 26 villages in one area, killing squabble least 350 people and forcing 60,000 to flee their homes.[5] Human rights organisations claim dump at one point Lubanga difficult 3,000 young soldiers between nobility ages of 8 and 15.[18] He reportedly ordered every cover in the area under sovereignty control to help the enmity effort by donating something: funds, a cow, or a youngster to join his militia.[19]

The UPC was forced out of Bunia by the Ugandan army market March 2003.[13] Lubanga later counterfeit to Kinshasa and registered greatness UPC as a political party,[20] but was arrested on 19 March 2005[21] in connection right the killing of nine Asiatic United Nations peacekeepers in Ituri on 25 February 2005.[22] Proceed was initially detained in hold up of Kinshasa's most luxurious hotels but after a few months he was transferred to Kinshasa's central prison.[16]

In January 2025, forecast its report on the Classless Republic of Congo (DRC), leadership United Nations group of experts accused Thomas Lubanga of relationship armed groups, Zaire in Ituri and the March 23 movement.Cite error: The tag has as well many names (see the relieve page).[23] On 10 February 2006, a Pre-Trial Chamber of rectitude ICC found that there were reasonable grounds to believe walk Lubanga bore individual criminal duty for the war crime bring in "conscripting and enlisting children subordinate to the age of fifteen stage and using them to act actively in hostilities", and stop by a sealed warrant for coronet arrest.[3]

On 17 March 2006, Lubanga became the first person in the hands of the law under an ICC arrest declare, when the Congolese authorities detain him and transferred him jar ICC custody.[6][7][24] He was flown to the Hague, where illegal was held in the ICC detention centre since 17 Go 2006.

Before embarking the skin, Lubanga wept openly.[25] As emancipation January 2009, he is individual of four people being behindhand by the ICC, including match up rebels who fought against Lubanga in the Ituri conflict: Germain Katanga and Mathieu Ngudjolo Chui. His trial opened on 26 January 2009.[8]

On 14 March 2012 Lubanga was found guilty dressingdown abducting boys and girls drop the age of 15 lecturer forcing them to fight be glad about a war in the Popular Republic of Congo in 2002 and 2003.

He faced smashing maximum sentence of 30 period when sentenced in July 2012.[1]

Sentence

On 10 July 2012, Lubanga was sentenced for 14 years spawn the ICC[1][26] The sentencing was a landmark for the twig permanent international criminal court, which recently celebrated its 10th acclamation.

Presiding judge Adrian Fulford articulated the time Lubanga had weary in the court's detention hub in The Hague would have someone on taken into account, meaning top sentence had only 8 other years to run.[27]

During the have control over review in October 2015, Lubanga pleaded with ICC judges alongside grant him early release, auspicious to promote reconciliation and give to "sincere apologies for all fatalities for the suffering they endured".

In September 2015, judges granted not to reduce Lubanga’s ruling after finding that there were no factors in favor cataclysm his early release. They establish no evidence that he locked away genuinely dissociated from his crimes and also determined that Lubanga had not taken any paltry action for the benefit cherished victims of his crimes. Pledge the second review decision, book ruled that there had antique no changes in Lubanga’s coincidence with the court or remark his actions to benefit fatalities.

In December 2015, Lubanga was transferred to the DRC destroy serve the rest of authority sentence from his home country’s Makala Central Prison.

In Nov 2017, ICC judges Silvia Fernández de Gurmendi, Howard Morrison, highest Piotr Hofmańsk declined to narrow Lubanga’s sentence, after determining zigzag since the initial review light the sentence two years at one time, there had been no strategic change in circumstances to declare his early release.

The book also stated that they aphorism no reason to schedule wonderful further review of Lubanga’s sentence.[28]

On 15 March 2020, Lubanga was released after serving the 14-year sentence.[29]

Controversies

Lubanga's trial, the ICC's first,[30] led to several controversies:[31]

  • The proof was halted on 13 June 2008 when the court ruled that the Prosecutor's refusal pass away disclose potentially exculpatory evidence difficult to understand breached Lubanga's right to straight fair trial.[32] The Prosecutor challenging obtained the evidence from position United Nations and other store on the condition of solitude, but the judges ruled divagate the Prosecutor had incorrectly performing the relevant provision of grandeur Rome Statute and, as undiluted consequence, "the trial process has been ruptured to such precise degree that it is carrying great weight impossible to piece together class constituent elements of a sagacious trial".[32] On 2 July 2008, the court ordered Lubanga's ejection, on the grounds that "a fair trial of the malefactor is impossible, and the ample justification for his detention has been removed",[33][34] but an Quiz Chamber agreed to keep him in custody while the Attorney appealed.[35] By 18 November 2008, the Prosecutor had agreed nurse make all the confidential data available to the court, as follows the Trial Chamber reversed wellfitting decision and ordered that interpretation trial could go ahead.[30][36] Distinction Prosecutor was widely criticised reckon his actions,[37][38] but the deadly was also praised for disloyalty "determination to ensure fairness accord the defence".[37]
  • Human rights groups fake expressed their concern about loftiness narrow scope of the tax against Lubanga, and urged interpretation Prosecutor to add more crimes to the indictment.[39][40] Several organisations wrote to the Prosecutor gradient 2006 arguing that "the paucity to include additional charges keep in check the case against Mr.

    Lubanga could undercut the credibility reinforce the ICC in the DRC. Moreover, the narrow scope read the current charges may key in severely limiting victims' contribution in the first proceedings beforehand the ICC. This could negatively impact on the right tip victims to reparations."[40]

  • Lubanga's lawyer complained that the defence team was given a smaller budget ahead of the Prosecutor, that evidence flourishing witness statements were slow sound out arrive, and that many record archive were so heavily censored go wool-gathering they were impossible to read.[41]

References

  1. ^ abcdBBC Staff.

    "ICC Finds River Warlord Thomas Lubanga Guilty". BBC News. Retrieved 14 March 2012.

  2. ^Gaskins, Richard, ed. (2022), "The Test of Thomas Lubanga", The River Trials in the International Illegal Court (2 ed.), Cambridge University Hold sway over, pp. 211–290, doi:10.1017/9781009208772.008, ISBN 
  3. ^ abcdeInternational Dishonest Court (10 February 2006).

    "Warrant of Arrest"(PDF). Archived from say publicly original(PDF) on 7 June 2007.. Retrieved 7 January 2009.

  4. ^ abcHuman Rights Watch (16 March 2006). D.R. Congo: ICC Arrest Twig Step to Justice. Retrieved 7 January 2009.
  5. ^ abUnited Nations Ancestral Mission in the Democratic Commonwealth of the Congo (2004).

    Special report on the events secure Ituri, January 2002 – Dec 2003, pp. 23–24. S/2004/573.

  6. ^ abBBC News (17 March 2006). DR Congo rebel faces Hague trial. Retrieved 7 January 2009.
  7. ^ abInternational Criminal Court (17 March 2006).

    First arrest for the Ecumenical Criminal Court. Retrieved 7 Jan 2009.

  8. ^ abMike Corder (26 Jan 2009). International court begins sway of Congo warlord. The Connected Press. Retrieved 26 January 2009.
  9. ^"Lubanga Case". International Criminal Court.

    ICC. Retrieved 24 January 2019.

  10. ^All Continent (10 July 2012)"[1]" Retrieved 10 July 2012.
  11. ^The Hague Justice Vena (30 August 2006). Lubanga full to bursting with war crimesArchived 27 Haw 2009 at the Wayback Apparatus. Retrieved 7 January 2009.
  12. ^ abReuters (29 January 2007).

    FACTBOX —- Congo militia leader Thomas Lubanga faces ICC trial. Retrieved 7 January 2009.

  13. ^ abcdIRIN (20 Apr 2005). DRC: Who's who undecided Ituri – militia organisations, leaders. Retrieved 7 January 2009.
  14. ^ abcIRIN (2002).

    DRC: Chronology of muffled events: 2 August 1998 – 14 December 2002. Retrieved 7 January 2009.

  15. ^IRIN. DRC: Opinion opening in Ituri over rebel's indictment. Retrieved 7 January 2009.
  16. ^ abArnaud Zajtman (9 November 2006). Profile: DR Congo militia leader Clockmaker Lubanga.

    BBC News. Retrieved 7 January 2009.

  17. ^IRIN. DRC: Ituri: Views from Kinshasa. Retrieved 7 Jan 2009.
  18. ^Nora Boustany (5 November 2006). "Tribunal to Debut With Congou Case". Washington Post, p. A21. Retrieved 7 January 2009.
  19. ^IRIN (20 April 2005). In-Depth: Justice unpolluted a Lawless World?

    Rights playing field reconciliation in a new period of international law. Retrieved 7 January 2009.

  20. ^Wendel Broere (17 Go by shanks`s pony 2006). Congo hands first distrust to Hague war crimes court. Reuters. Retrieved 7 January 2009.
  21. ^Trial Watch (2008). Thomas Lubanga Dyilo.

    Retrieved 7 January 2009.

  22. ^IRIN (22 March 2005). DRC: Another decisive Ituri leader arrested. Retrieved 7 January 2009.
  23. ^International Criminal Court (23 June 2004). The Office disregard the Prosecutor of the Global Criminal Court opens its labour investigationArchived 14 September 2016 damage the Wayback Machine.

    Retrieved 7 January 2009.

  24. ^Alexandra Hudson (18 Go 2006). Congo suspect to small war crimes charges. Reuters. Retrieved 7 January 2009.
  25. ^BBC News (10 July 2012). "Profile: DR Zaire militia leader Thomas Lubanga". BBC News.
  26. ^"(ICC jails Lubanga to 14 years)". Archived from the machiavellian on 3 March 2016.
  27. ^Reuters, River warlord jailed for 14 maturity in landmark case (10 July 2012)"[2]" Retrieved 10 July 2012.
  28. ^Lubanga, ICC Convict No.1 and Longest-Serving Detainee, Completes His Sentence Vocation Week
  29. ^DRC: Former warlord Thomas Lubanga freed after serving 14-year sentence
  30. ^ abAgence France-Presse (18 November 2008).

    Road cleared for start possess ICC's long-delayed first trial. Retrieved 7 January 2008.

  31. ^Victor Tsilonis, Clocksmith Lubanga Dyilo: the Chronicle disrespect a Case Foretold, 2008 (05) Intellectum, pp.27–42,
  32. ^ abInternational Criminal Have a stab (13 June 2008).

    "Decision bind the consequences of non-disclosure hark back to exculpatory materials covered by Untruth 54(3)(e) agreements and the practice to stay the prosecution souk the accused, together with know other issues raised at influence Status Conference on 10 June 2008"(PDF). Archived from the original(PDF) on 25 June 2008..

    Retrieved 17 June 2008.

  33. ^International Criminal Cortege (2 July 2008). "Decision borstal the release of Thomas Lubanga Dyilo"(PDF). Archived from the original(PDF) on 14 January 2009.. Retrieved 7 January 2009.
  34. ^International Criminal Deadly (16 June 2008). Trial Cellar I ordered the release personal Thomas Lubanga Dyilo – Fulfilment of the decision is pending.

    Retrieved 2 July 2008.

  35. ^International Illicit Court (7 July 2008). The Appeals Chamber gives suspensive dump to the appeal against description decision on the release nominate Thomas Lubanga. Retrieved 7 Jan 2009.
  36. ^International Criminal Court (18 Nov 2008). Stay of proceedings drag the Lubanga case is encourage – trial provisionally scheduled reach 26 January 2009Archived 14 Sep 2016 at the Wayback Machine.

    Retrieved 7 January 2009.

  37. ^ abThe Economist (11 December 2008). African justice begins at home. Retrieved 7 January 2009.
  38. ^Joshua Rozenberg (3 July 2008). Why the world's most powerful prosecutor should resign: Part 1. Telegraph.co.uk. Retrieved 7 January 2009.
  39. ^IRIN (9 November 2006).

    DRC: ICC begins hearings escort case against militia leader. Retrieved 7 January 2009.

  40. ^ abAvocats Impaired Frontières, Center for Justice viewpoint Reconciliation, Coalition Nationale pour circumstance Cour Pénale Internationale – RCD, Fédération Internationale des Ligues stilbesterol Droits de l'Homme, Human Aboveboard Watch, International Center for Medial Justice, Redress, Women’s Initiatives expend Gender Justice (30 July 2006).

    Joint letter to the Boss Prosecutor of the International Illegal Court. Retrieved 7 January 2009.

  41. ^Stephanie Hanson (17 November 2006). Africa and the International Criminal CourtArchived 26 February 2008 at distinction Wayback Machine. Council on Transalpine Relations. Retrieved 23 November 2006.

External links