Bemba seeks immediate release after conviction quashed

THE HAGUE: Lawyers for Jean-Pierre Bemba, the former vice president of the Democratic Republic of Congo (DRC), whose war crimes conviction was quashed on appeal last week, requested his immediate release yesterday from the International Criminal Court (ICC).

Bemba, 55, has been in ICC detention centre since his arrest in 2008. The DRC opposition leader was convicted in 2016 of crimes against humanity and sentenced to 18 years in prison.

But that conviction was overturned on appeal on Friday in a major setback for prosecutors. Appeals judges said they could not pin responsibility on Bemba for the killing and raping of civilians by soldiers under his command.

He was the highest ranking official among only four people who had successfully been prosecuted at the permanent war crimes court since it was set up in 2002.

Defence attorney Melinda Taylor asked the panel of judges during a hearing yesterday for Bemba’s “imminent interim release to Belgium where his family resides”.

Judge Bertram Schmitt said a decision would be made by today “at the latest”.

Normally suspects are immediately released after an acquittal, but Bemba also faces sentencing for a separate charge for witness tampering during the trial, which could result in a maximum fiveyear jail term. The charge was brought in November 2013 and prosecutors said that Bemba should remain in custody until a final sentence is issued in that case.

Taylor argued that Bemba had already spent a decade in jail and that the possible maximum five-year sentence for witness tampering could at most add a few months prison time.

“It is not logical that he would risk becoming a fugitive from justice for those three months,” Taylor said.

Bemba signed a document accepting any conditions the judges might attach to his release, she said.

“He’s never given up on his political ambitions,” said Peter Haynes, a member of the defence team. “I’d be surprised if he can stay away from it”.

If he were to return to the DRC, it would give a boost to long-time President Joseph Kabila’s opponents ahead of a December election. Bemba, who finished runner-up to Kabila in a 2006 election, has a large following in western Congo and his presence would ramp up pressure on Kabila. – Reuters