International Criminal Court orders Congolese war crimes suspect freed, prosecutors to appeal

Court orders Congolese war crimes suspect freed

T0HE HAGUE, Netherlands — Judges at the International Criminal Court ordered a suspected Congolese war lord freed Thursday after prosecutors refused to give information to the defense about the identity of a person connected with the case.

However, prosecutors said they will appeal Thursday’s decision, and Thomas Lubanga will not be released until the appeal is dealt with, a process that could take months.

Lubanga, 49, has pleaded not guilty to charges of using child soldiers in a brutal conflict in the eastern Congo region of Ituri in 2002-2003.

Thursday’s ruling was the latest setback in what rights activists call a landmark case — the first trial to deal exclusively with child soldier allegations.

The trial was halted July 8 over the prosecution’s refusal to identify a person known in court papers only as “intermediary 143.”

The case has been beset with problems and almost from its start in January 2009, as prosecutors and judges clashed over the admissibility of evidence gathered in confidence from U.N. personnel and nongovernment volunteers in the battlefield, who believed disclosure of their identities could jeopardize their lives or work.

Lubanga already has been in detention more than four years. His trial had been expected to end this year, but that is now in doubt with his case plunged into legal limbo.

In a statement, prosecutors said they regretted the latest delay and sought to reassure his alleged victims in Congo that “justice will be done in this case.

“The Trial Chamber was very clear that Mr. Lubanga will not be released before the Appeals Chamber has had the opportunity to intervene,” the statement said.