On 2 December 2009, the Appeals Chamber of the International Criminal Court (ICC) reversed a decision of the Pre-Trial Chamber (PTC) which allowed Jean-Pierre Bemba Gombo’s provisional release.

On 14 August 2009 the Pre-Trial Chamber ordered Bemba’s release on the grounds that due to changed circumstances continued detention was no longer necessary to ensure his appearance at trial. The implementation of the interim release was deferred pending a decision upon to which state Bemba would be released.

Under Article 60(3) of the Rome Statute, the PTC “shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person.” It may then choose to modify conditions of detention due to a change in circumstances. Under Rule 118(2) of the Rules of Procedure and Evidence, the PTC’s decision under Article 60(3) on detention must be reviewed at least every 120 days. Sitting as a Single Judge, Judge Ekaterina Trendafilova noted that “continued detention or release is not of a discretionary nature” and was “mindful of the underlying principle that deprivation of liberty is the exception not the rule”, ordering Bemba-Gombo’s release, albeit with conditions.

Prosecution’s Appeal

The Prosecution appealed the decision of the Pre-Trial Chamber of 14 August 2009. The Appeals Chamber upheld both grounds of the Prosecution’s appeal, saying that the PTC had “misappreciated and disregarded relevant facts” in reaching its conclusion that a substantial change of circumstances warranted Bemba’s release. The Appeals Chamber also decided that a state willing to accept the person must be named before provisional release and conditions are ordered.

Bemba is set to face trial on 27April 2010 on charges of war crimes and crimes against humanity committed in the Central African Republic (CAR). On 15 June 2009, Pre-Trial Chamber II confirmed the charges against Jean-Pierre Bemba Gombo, determining that there are substantial grounds to believe that he is criminally responsible as a military commander for two counts of crimes against humanity (rape and murder) and three counts of war crimes (rape, murder and pillaging).

Jean-Pierre Bemba Gombo