Gender Report Card on the International Criminal ... - YWCA Canada

Judiciary – Key Decisions Victim Participation
288
Central African Republic
No victims have been accepted to participate in the
proceedings in the CAR Situation. 1788 On 11 November
2010, just eight days after the decision on the
procedural framework for victim participation in the
Kenya Situation which is discussed in greater detail
below, 1789 Single Judge Kaul issued a decision adopting
the principles set out in the decision of Pre-Trial
Chamber II and applying them to the CAR Situation. 1790
Judge Kaul held that, for the purposes of Rule 85, a
victim applying to participate in the Situation stage of
proceedings in the CAR Situation must demonstrate
that he or she has suffered harm as a result of a crime
falling within the jurisdiction of the Court, committed
on the territory of the Central African Republic since
1 July 2002. 1791 Judge Kaul held that the findings of
Pre-Trial Chamber II regarding the substantive and
procedural framework for victim participation at the
Situation stage of proceedings applied equally to the
context of the CAR Situation, and ordered the VPRS
to comply with the instructions set out in the same
decision in its handling of applications for participation
at the Situation stage of proceedings in the CAR
Situation. 1792
The Prosecutor v. Jean-Pierre Bemba Gombo
A total of 1,619 victims have been accepted to
participate in the Bemba case to date. 1793 No gender
breakdown of the current participating victims is
available. 1,484 of the 1,619 victim participants were
accepted since 30 August 2010: 624 applicants were
accepted to participate on 18 November 2010, 1794 553
were granted victim participant status in a decision of
23 December 2010, 1795 while an additional 307 were
accepted to participate in a decision issued on 8 July
2011. 1796 As described in more detail in the section
on Legal Representation, below, in a decision on 10
November 2010, 1797 twelve days before the start of
trial, the Chamber issued that the victims accepted to
participated in the case, until that time represented
by the OPCV, would be represented by two external
common legal representatives, on the basis that the
legal representatives were from the country of origin of
1788 According to figures provided by the VPRS by email dated
14 September 2011.
1789 ICC-01/09-24.
1790 ICC-01/05-31.
1791 ICC-01/05-31, para 3.
1792 ICC-01/05-31, p 4.
1793 According to figures provided by the VPRS by email dated
14 September 2011.
1794 ICC-01/05-01/08-1017.
1795 ICC-01/05-01/08-1091.
1796 ICC-01/05-01/08-1590.
1797 ICC-01/05-01/08-1005.
the victims. The victims were divided into two groups
on the basis of geographical locations; one group
relating to victims from Bangui and around PK12,
and the other incorporating victims from Damara,
Sibut, Boali, Bossembélé, Bossangoa, Bozoum and
Mongoumba. 1798 The Chamber later designated Marie
Edith Douzima Lawson (LRV Douzima Lawson) and
Assingambi Zarambaud (LRV Zarambaud), both CAR
nationals, as said representatives. This decision, as well
as the concerns raised by victims and by the Women’s
Initiatives for <strong>Gender</strong> Justice in a press statement at
the start of the Bemba trial, is discussed in more detail
below.
The Bemba case includes the highest number of victim
participants in any case before the Court. This case
accounts for almost 65% of all applications for victim
participation accepted during the period covered
by this <strong>Report</strong>, 1799 and more than 50% of all victim
participants accepted across all Situations and cases
since 2005. 1800 The Bemba case also accounts for
more than 1,200 or almost half of the total number of
applications for participation registered by the VPRS
since 30 August 2010. 1801 As acknowledged in the Trial
Chamber’s decision of 8 July 2011, 1802 a substantial
number of applications for participation in the Bemba
case have been received by the VPRS but not yet
transmitted to the Chamber for consideration. The
Registry confirmed by email on 26 August 2011 that
2,830 additional applications for participation were
expected to be filed in the subsequent months. 1803
In its decision of 8 July 2011, the Trial Chamber
discussed the observations submitted by the parties
on the 401 applications for participation under
consideration in that decision. 1804 The Defence
had argued that the volume and infrequency of
the Registry’s transmission of applications for
participation had given rise to disruption to the
1798 ICC-01/05-01/08-1005, paras 18-21.
1799 According to information provided by the VPRS by
email dated 14 September 2011, a total of 2,295 victims
were accepted to participate between 30 August 2010
and 1 September 2011. 1,484 or 64.66% of these were
accepted to participate in the Bemba case.
1800 According to the figures provided by the VPRS, a total
of 3,182 victim participants have been accepted by
the Court since 2005. 1,619 or 50.87% of these are
participating in the case against Bemba.
1801 According to the VPRS figures, a total of 2,577
applications for participation were registered by the
VPRS between 30 August 2010 and 1 September 2011.
1,214 of these related to the CAR Situation and the
Bemba case.
1802 ICC-01/05-01/08-1590, para 25.
1803 ICC-01/05-01/08-1726, para 3.
1804 ICC-01/05-01/08-1590, paras 9-22.