International Criminal Court orders release of Congolese rebel leader

The Trial Chamber of the International Criminal Court (ICC) today ordered the release of Thomas Lubanga Dyilo, after ruling that the Congolese rebel militia leader accused of recruiting child soldiers could not receive a fair trial.

The Court had suspended proceedings against Mr. Lubanga on 16 June, after finding that prosecutors had failed to disclose more than 200 documents to the defence that have the potential to prove his innocence.

According to the judges, the release is the “logical consequence” of the stay on the proceedings, “as it is at present impossible to secure a fair trial for the accused.”

However, since an appeal may be filed within five days, the order granting release will not be enforced until the expiry of the five day time-limit.

Mr. Lubanga, the founder and leader of the Union of Congolese Patriots in the Ituri region of the eastern Democratic Republic of the Congo (DRC), has been charged with a series of war crimes, including conscripting and enlisting child soldiers into the military wing of his group and then using them to participate in hostilities between September 2002 and August 2003.

His trial was due to have been the first to be held by the ICC.