CPI: NOUVELLE AUDIENCE DU PRÉSIDENT LAURENT GBAGBO LE 11 DÉCEMBRE 2012 (OFFICIEL)

Le 05 décembre 2012 par IVOIREBUSINESS - COMMUNIQUE DE LA CPI. Une ordonnance rendue le 4 décembre 2012 par la Chambre préliminaire I de la Cour pénale internationale (CPI) dans l’affaire Le Procureur c. Laurent

Gbagbo annonce la tenue d’une audience de mise en état, le mardi 11 décembre à 14h30, afin de recevoir des observations sur les questions suivantes :
(i) Les possibles dates pour l’audience de confirmation des charges;
(ii) Les questions concernant la divulgation des preuves; et
(iii) Les modalités pratiques devant être prises pour le déroulement de l’audience de confirmation des charges, en tenant compte de l’état de santé de M. Gbagbo.
En outre, la Chambre souhaiterait recevoir des observations des parties sur leur intention d’appeler des témoins viva voce lors de l’audience de confirmation des charges.
Dans cette ordonnance, la Chambre estime que la présence de M. Gbagbo n’est pas nécessaire, sans préjudice de son droit à y assister s’il le souhaite.

Source: Unité des affaires publiques Cour pénale internationale

PRE-TRIAL CHAMBER I
Before: Judge Silvia Fernandez de Gurmendi, Single Judge
SITUATION IN THE REPUBLIC OF COTE D'IVOIRE
IN THE CASE OF
THE PROSECUTOR V. LAURENT GBAGBO
Public document
Order scheduling a status conference
No. ICC-02/11-01/11 1/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 1/8 CB PT
Decision to be notified, in accordance with regulation 31 of the Regulations of the Court, to:
The Office of the Prosecutor
Fatou Bensouda
Counsel for the Defence
Emmanuel Altit
Agathe Bahi Baroan
Legal Representatives of the Victims Legal Representatives of the Applicants
Unrepresented Victims Unrepresented Applicants for
Participation/Reparation
The Office of Public Counsel for
Victims
Paolina Massidda
The Office of Public Counsel for the
Defence
States Representatives Amicus Curiae
REGISTRY
Registrar & Deputy Registrar
Silvana Arbia
Didier Preira
Defence Support Section
Victims and Witnesses Unit Detention Section
Victims Participation and Reparations Other
Section
No. ICC-02/11-01/11 2/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 2/8 CB PT
Judge Silvia Fernandez de Gurmendi, Single Judge for Pre-Trial Chamber I
(the "Chamber") of the International Criminal Court (the "Court"),
responsible for carrying out the functions of the Chamber in relation to the
situation in the Republic of Côte d'Ivoire and the cases emanating therefrom,^
hereby issues this order scheduling a status conference.
1. On 5 December 2011, the first appearance of Mr Gbagbo before the
Court took place. During that hearing, Pre-Trial Chamber III scheduled the
commencement of the confirmation of charges hearing for 18 June 2012.^
2. On 24 January 2012, the Single Judge issued the "Decision establishing
a disclosure system and a calendar for disclosure".^
3. On 4 June 2012, the Single Judge granted 139 victims the right to
participate at the confirmation of charges hearing and in related proceedings
and appointed the Office of Public Counsel for victims (the "OPCV") as their
common legal representative."^ Specifically, the Single Judge also granted the
OPCV the right "to attend all public sessions of the confirmation of charges
hearing as well as all public hearings convened in the related proceedings".^
4. On 5 June 2012, the Defence filed the "Requête de la Défense en report de
Vaudience de confirmation des charges prévue le 18 juin 2012", in which it argued
that the confirmation hearing scheduled for 18 June 2012 ^ should be
postponed, inter alia, because Mr Gbagbo's state of health made him unfit to
stand trial.^
' ICC-02/11-01/11-61.
2 ICC-02/ll-Ol/ll-T-l-ENG, p. 8.
3ICC-02/11-01/11-30.
4ICC-02/11-01/11-138.
^ Ibid., p. 26.
6 ICC-02/ll-Ol/ll-T-l-ENG, p. 8.
7 ICC-02/ll-01/ll-140-Conf, paras 21-60. A public redacted version is also available, see ICC-
02/11-01/11-140-Red2.
No. ICC-02/11-01/11 3/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 3/8 CB PT
5. On 12 June 2012, the Single Judge issued the "Decision on the 'Requête
de la Défense en report de Vaudience de confirmation des charges prévue le 18 juin
2012'", postponing the confirmation of charges hearing to 13 August 2012.^
6. On 19 June 2012, the Defence submitted its "Defence application for
additional medical and psychological evaluation of President Gbagbo".^
7. On 26 June 2012, the Single Judge issued the "Order to conduct a
medical examination", whereby she appointed medical experts in order to
conduct medical, psychological and psychiatric examinations of Mr Gbagbo,
with a view to determining whether he is fit to take part in the proceedings
against him.^°
8. On 2 August 2012, the Single Judge issued the "Decision on issues
related to the proceedings under rule 135 of the Rules of Procedure and
Evidence and postponing the date of the confirmation of charges hearing", in
which it was decided that the "commencement of the confirmation of charges
hearing is postponed until the issue of Mr Gbagbo's fitness to take part in the
proceedings against him is resolved".^^
9. On 2 November 2012, the Chamber issued the "Decision on the fitness
of Laurent Gbagbo to take part in the proceedings before this Court"
(the "Fitness Decision"), finding that Mr Gbagbo is fit to take part in the
proceedings before this Court.^^
10. On 6 November 2012, the Defence filed the "Demande aux fins
d'organisation d'une Conférence de mise en état", wherein it requests that a status
8 ICC-02/ll-01/ll-152-Red, p. 14.
9 ICC-02/ll-01/ll-158-Conf-Exp-tENG and annexes. Confidential redacted version is also
available, see ICC-02/ll-01/ll-158-Conf-Red2.
ioiCC-02/ll-01/ll-164-Conf-tENG.
11ICC-02/11-01/11-201, p. 8.
12 ICC-02/ll-01/ll-286-Conf. A public redacted version has been filed simultaneously.
No. ICC-02/11-01/11 4/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 4/8 CB PT
Conference be held during the first week of December 2012, in order to discuss
the impact of Mr Gbagbo's medical treatments on the proceedings, the
necessary arrangements and the date of the confirmation of charges hearing,
the investigations and the disclosure of evidence and any other issue of
relevance for the proper conduct of the confirmation of charges hearing.^^
11. On 12 November 2012, the Defence filed the "Demande d'autorisation
d'interjeter appel de la « Decision on the fitness of Laurent Gbagbo to take part in the
proceedings before this Court » (ICC-02111-01111-286-Conf)" .^"^
12. On 13 November 2012, the Single Judge issued the "Decision on the
'Prosecution's Request pursuant to Regulation 35 for variation of time limit to
disclose incriminating evidence and modify the list of evidence for the
confirmation hearing, and Request for redactions'".^"^
13. On 29 November 2012, the Chamber rejected three applications by the
Defence and the Prosecutor for leave to appeal decisions related to the
determination of Mr Gbagbo's fitness to take part in the proceedings against
him.^^
14. The Single Judge notes article 61(1) of the Rome Statute, rule 121 of the
Rules of Procedure and Evidence (the "Rules") and regulation 30 of the
Regulations of the Court.
15. The Single Judge recalls that on 2 August 2012, the confirmation of
charges hearing was postponed "until the issue of Mr Gbagbo's fitness to take
part in the proceedings against him is resolved". ^^ Considering that the
13 ICC-02/ll-01/ll-288-Conf, p. 13.
1'* ICC-02/ll-01/ll-292-Conf. A corrigendum and public redacted version thereof were filed
on 15 November 2012, see ICC-02/ll-01/ll-292-Conf-Corr and ICC-Ü2/11-01/11-292-Corr-Red.
15ICC-02/11-01/11-294.
16ICC-02/11-01/11-307.
17 ICC-02/11-01/11-201, p. 8 and para. 12.
No. ICC-02/11-01/11 5/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 5/8 CB PT
proceedings under rule 135 of the Rules have resulted in a finding of the
Chamber that Mr Gbagbo is fit to take part in the proceedings against him, it
is now appropriate to set a date for the confirmation of charges hearing.
16. The Chamber also stated in the Fitness Decision:
[AJdjustments will need to be made in order to enable Mr Gbagbo to participate
fully at the confirmation of charges hearing. These adjustments may include,
iriter alia, shorter court sessions, the provision of appropriate facilities for
Mr Gbagbo to rest during breaks, the possibility for Mr Gbagbo to excuse himself
from all or part of the proceedings and to follow them via video-link if he so
wishes. [...] [T]he Chamber is of the view that Mr Gbagbo, together with his
counsel, should be given the opportunity to provide views on appropriate
arrangements. Accordingly, the Chamber shall, in due course, determine the
appropriate practical arrangements for the conduct of the hearings in
consultation with the Defence and the Registry.i^
17. Furthermore, the Single Judge recently decided that "the parties shall
be allowed to rely at the confirmation of charges hearing on additional
evidence not previously included in their respective lists of evidence" and
observed that it will be necessary to establish appropriate time limits for the
parties in accordance with rule 121 of the Rules.^^
18. In light of the foregoing, before taking a decision on the date of the
confirmation of charges hearing and on related matters, the Single Judge
considers it necessary to hold a status conference with a view to discussing:
(i) the possible dates of the confirmation of charges hearing;
(ii) issues concerning disclosure of evidence, including the need for
any further redaction requests to the Chamber; and
(iii) the practical arrangements to be made for the conduct of the
confirmation of charges hearing, taking into account Mr
Gbagbo's medical condition.
18 ICC-02/ll-01/ll-286-Conf, para. 102.
19ICC-02/11-01/11-294, p.7.
No. ICC-02/11-01/11 6/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 6/8 CB PT
19. In addition, the Chamber would like to receive submissions by the
parties on whether they intend to call viva voce witnesses to the confirmation
of charges hearing. In this respect, the Single Judge recalls what has been said
on the matter in an earlier decision in this case:
[Ajlthough oral testimony is permitted, the evidentiary debate at the
confirmation of charges hearing can be based on the written statements of
witnesses only. Therefore, the Single Judge expects that oral testimony at the
hearing, if any, will be narrowly relied on and only to the extent that it cannot
be properly substituted by documentary evidence or a written statement.^o
20. The status conference shall be held in open session before the Single
Judge, in the presence of the Prosecutor, the Defence of Mr Gbagbo, the OPCV
and representatives of the Registry. The Single Judge informs the parties that,
should the need arise, the status conference may be partly conducted in
private or closed session.
21. Finally, the Single Judge considers, in light of the purpose of the status
conference, that the interests of Mr Gbagbo may be properly safeguarded by
the presence of his counsel at the hearing. Thus, the attendance of Mr Gbagbo
is not necessary, without prejudice to his right to attend, if he so wishes.
FOR THESE REASONS, THE SINGLE JUDGE
DECIDES to hold a status conference in open session on Tuesday,
11 December 2012 at 14.30, in the presence of the Prosecutor, the Defence of
Mr Gbagbo, the OPCV and representatives of the Registry, to receive
observations on the issues listed at paragraphs 18 and 19 above.
20ICC-02/11-01/11-107, para. 11 (footnotes omitted).
No. ICC-02/11-01/11 7/8 4 December 2012
ICC-02/11-01/11-308 04-12-2012 7/8 CB PT
Done in both English and French, the English version being authoritative.
Judge Silvia Fernandez de Gurmendi
Single Judge
Dated this 4 December 2012
At The Hague, The Netherlands
No. ICC-02/11-01/11 8/8 4 December 2012