The Prosecutor v. Bemba et al.

• Allegations & Charges

  Factual Allegations

  This case arises from the Accused’s actions in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo, in which Jean-Pierre Bemba Gombo was charged, tried, and ultimately acquitted of crimes against humanity (murder, rape) and war crimes (murder, rape, and pillaging) at the ICC. 

  The ICC Office of the Prosecutor (OTP) alleges that Jean-Pierre Bemba Gombo’s former primary political advisor Fidèle Babala Wandu participated in a scheme, devised by Mr. Bemba, to transfer financial compensation to defense witnesses in exchange for false evidence (false testimony and false or forged documents*) favorable to the defense of Mr. Bemba in the case of The Prosecutor v. Jean-Pierre Bemba Gombo. (*Pre-Trial Chamber II declined to confirm the charge of false or forged documents.)

  From 2012 to November 14, 2013, Mr. Babala, as alleged by the OTP, following conversations with Mr. Bemba, made transfers of money to defense witnesses. Mr. Babala personally and through his chauffeur also made transfers of money to lead defense counsel Aimé Kilolo Musamba and defense case manager Jean-Jacques Mangenda Kabongo. 

  Please visit the Court’s website for more information on The Prosecutor v. Bemba et al.

  Charges

  The Accused is alleged to have aided and abetted, or otherwise assisted in, the commission of the crimes listed below under Article 25(3)(c) of the Rome Statute.

  Under this mode of criminal liability, the Accused is charged with the following crimes:

  Giving False Testimony in Court (Offense against the Administration of Justice): Article 70(1)(a)

  Presenting False Evidence (Offense against the Administration of Justice): Article 70(1)(b)

  Corruptly Influencing Witnesses (Offense against the Administration of Justice): Article 70(1)(c)

• Key Events

  • Pre-Trial Chamber II issued a sealed arrest warrant for Fidèle Babala Wandu on November 20, 2013, which was unsealed on November 28, 2013. Mr. Babala entered ICC custody on November 25, 2013. Charges against Mr. Babala were confirmed on November 11, 2014. His trial opened on September 29, 2015.

    On October 19, 2016, Mr. Babala was convicted of aiding Mr. Bemba, Kilolo and Mangenda in corruptly influencing 2 witnesses (Article 70(1)(c)). He was acquitted of aiding, abetting or otherwise assisting in corruptly influencing the 12 other witnesses, and acquitted of aiding, abetting, or otherwise assisting in giving false testimony by witnesses or presenting  false evidence by any of the 14 witnesses to the court (Article 70(1)(a) and (b)). Mr. Babala was sentenced in total to 6 months’ imprisonment, with time spent previously in detention was deducted, which the Chamber therefore considered served.

    On March 8, 2018, the Appeals Chamber rejected Mr. Babala’s appeals as to both his conviction and his sentence, making both final.

  • Arrest warrant

    Arrest Warrant Issued : November 20, 2013
  • Initial Appearance : November 27, 2013

  • Decision on the confirmation of charges
    Press release

    Confirmation of Charges : November 11, 2014

  • Press release

    Start of Trial : September 29, 2015

  • Mr. Babala and four other accused were convicted of various offenses against the administration of justice.

    Mr. Babala was convicted of aiding Mr. Bemba, Kilolo and Mangenda in corruptly influencing 2 witnesses (Article 70(1)(c)). He was acquitted of aiding, abetting or otherwise assisting in corruptly influencing the 12 other witnesses, and acquitted of aiding, abetting, or otherwise assisting in giving false testimony by witnesses or presenting  false evidence by any of the 14 witnesses to the court (Article 70(1)(a) and (b)).

    Press Release
    Trial Judgment 
    Summary of the Judgment

    Convicted : October 19, 2016

  • Fidèle Babala Wandu was sentenced in total to 6 months’ imprisonment. The time Mr. Babala spent previously in detention was deducted. Since the imposed sentence is less than the period of time Mr. Babala spent in custody, the Chamber considered the sentence of imprisonment as served.

    Press Release
    Sentencing Decision

    Sentencing : March 22, 2017

  • The Appeals Chamber rejected Mr. Babala’s appeals as to both his conviction and his sentence, making both final.

    Press Release
    Appeals Judgment on Conviction
    Summary of Appeals Judgment on Conviction
    Appeals Judgment on Sentence
    Summary of Appeals Judgment on Sentence

    Appeal : March 8, 2018