The Prosecutor v. Alfred Yekatom
Original: English No. ICC-01/14-01/18 Date: 20 November 2018
PRE-TRIAL CHAMBER II
Before: Judge Tomoko Akane, Single Judge
SITUATION IN THE CENTRAL AFRICAN REPUBLIC II
IN THE CASE OF THE PROSECUTOR V. ALFRED YEKATOM
URGENT Public
Decision setting the date for the initial appearance of Alfred Yekatom
No: ICC-01/14-01/18 1/5 20 November 2018 PURL: http://www.legal-tools.org/doc/51f0a6/
Decision to be notified in accordance with regulation 31 of the Regulations of the Court to:
The Office of the Prosecutor Counsel for the Defence
Fatou Bensouda James Stewart
Legal Representatives of Victims Legal Representatives of Applicants
Unrepresented Victims Unrepresented Applicants for Participation/Reparations
The Office of Public Counsel for The Office of Public Counsel for the Victims Defence
States Representatives Amicus Curiae
REGISTRY Registrar Defence Support Section
Peter Lewis
Victims and Witnesses Section Detention Section
Victims Participation and Reparations Other Section
No: ICC-01/14-01/18 2/5 20 November 2018 PURL: http://www.legal-tools.org/doc/51f0a6/
Judge Tomoko Akane, acting as Single Judge on behalf of Pre-Trial Chamber II (the “Chamber”) of the International Criminal Court (the “Court”), 1 issues this Decision setting the date for the initial appearance of Alfred Yekatom. 1. On 30 May 2014, the situation in the Central African Republic (the “CAR”) since 1 August 2012 was referred to the Court by the Government of the CAR. 2 On 18 June 2014, this situation was assigned to Pre-Trial Chamber II. 2. 3. On 11 November 2018, the Chamber issued the “Warrant of Arrest for Alfred Yekatom” for his alleged responsibility pursuant to articles 25(3)(a), (b) and (c) and 28(a) of the Rome Statute (“the Statute”) for: (i) the crimes against humanity of murder (article 7(1)(a) of the Statute), deportation or forcible transfer of population (article 7(1)(d) of the Statute), imprisonment or other severe deprivation of physical liberty (article 7(1)(e) of the Statute), torture (article 7(1)(f) of the Statute), persecution (article 7(1)(h) of the Statute), enforced disappearance (article 7(1)(i) of the Statute) and other inhumane acts (article 7(1)(k) of the Statute); and (ii) the war crimes of murder (article 8(2)(c)(i) of the Statute), torture and cruel treatment (article 8(2)(c)(i) of the Statute), mutilation (articles 8(2)(c)(i) and/or 8(2)(e)(xi) of the Statute), intentional attack against the civilian population (article 8(2)(e)(i) of the Statute), intentional attack against buildings dedicated to religion (article 8(2)(e)(iv) of the Statute), enlistment of children under the age of 15 years and their use to participate actively in hostilities (article 8(2)(e)(vii) of the Statute), displacement of the civilian population (article 8(2)(e)(viii) of the
1 Decision designating a Single Judge, 9 November 2018, ICC-01/14-23-US-Exp. 2 Presidency, Decision Assigning the Situation in the Central African Republic II to Pre-Trial Chamber II, 18 June 2014, ICC-01/14-1-Anx1. Presidency, Decision Assigning the Situation in the Central African Republic II to Pre-Trial Chamber II, 18 June 2014, ICC-01/14-1.
No: ICC-01/14-01/18 3/5 20 November 2018
PURL: http://www.legal-tools.org/doc/51f0a6/
Statute) and destruction of the adversary’s property (article 8(2)(e)(xii) of the Statute), committed in various locations in the CAR, including Bangui and the Lobaye Prefecture, between 5 December 2013 and August 2014. 4. On 18 November 2018, Alfred Yekatom arrived at the Detention Centre of the Court. 5. The Single Judge notes articles 60(1) and 67 of the Statute, rule 121(1) of the Rules of Procedure and Evidence (the “Rules”) and regulations 20(1) and 21 of the Regulations of the Court (the “Regulations”). 6. In particular, according to article 60(1) of the Statute and rule 121(1) of the Rules, a person subject to a warrant of arrest under article 58 of the Statute “shall appear before the Pre-Trial Chamber” and be informed of the crimes he is alleged to have committed, his rights under the Statute and the date for a hearing to confirm or to decline to confirm the charges. 7. The Single Judge considers that, in view of the need to secure interpretation to and from Sango and taking into account the availability of qualified interpreters, the initial appearance of Alfred Yekatom will take place on Friday, 23 November 2018. 8. The Single Judge further notes that, pursuant to regulation 21(1) of the Regulations, the publicity of hearings may extend beyond the courtroom and, accordingly, authorises video recording and the taking of photographs in the courtroom at the start of the initial appearance hearing for no longer than one minute and a half.
ICC-01/14-01/18-1-US-Exp. A public redacted version is also available, see ICC-01/14-01/18-1-Red.
No: ICC-01/14-01/18 4/5 20 November 2018
PURL: http://www.legal-tools.org/doc/51f0a6/
FOR THESE REASONS, THE CHAMBER HEREBY
a) DECIDES to convene the hearing for the initial appearance of Alfred Yekatom on Friday, 23 November 2018, at 11:00 hours in courtroom I; and b) AUTHORISES the Registrar to inform external applicants that, at the start of the initial appearance hearing and after all the parties and representatives of the Registry have taken their seats, video recording and the taking of photographs will be permitted for no longer than one minute and a half.
Done in both English and French, the English version being authoritative.
_____________________________
Judge Tomoko Akane, Single Judge
Dated this Tuesday, 20 November 2018 At The Hague, Netherlands
No: ICC-01/14-01/18 5/5 20 November 2018 PURL: http://www.legal-tools.org/doc/51f0a6/