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Unpublished Paper
Decision on the Apparent Conflict of Interest in relation to the Legal Representative of Victims a/0015/08 … a/0035/08, Prosecutor v. Katanga and Ngudjolo Chui, Case no ICC-01/04-01/07, Pre-Trial Chamber I, 16 July 2008
(2012)
  • Christoffer Wong
Abstract
This is an unedited draft of a contribution to be published in Annotated Leading Cases of International Tribunals (Intersentia). The present decision of Pre-Trial Chamber (PTC) I constitutes the final disposition of a matter that has arisen as a result of a certain assertion by the counsel for the defence in the case against Mathieu Ngudjolo Chui. It was alleged that a legal representative of the victims in this case had previously acted as counsel for the defence, or, in any case, that he had held consultations with the accused. If this were the case, a situation of potential conflict of interests might arise. Initially the defence had not requested the Pre-Trial Chamber to take any specific action. In a later observation, the defence submitted, however, that the forthcoming information “should be taken note of by the Chamber and action taken”, but without making any request for a specific measure. After hearing the impugned representative of the victims, the Pre-Trial Chamber directed the Registry to evaluate the existence and consequences of the apparent conflict of interests, decided that the legal representative of the victims provisionally be separated from his functions and invited the legal representative to cooperate with the Registry in the clarification of the matter. This was followed by a report of the Registry and an observation of the defence in which the defence specifically requested the Pre-Trial Chamber “to undertake investigative steps … with all persons in the alleged consultations …” and “to extend in the meanwhile the provisional separation of [the legal representative of the victims]”. At the same time the legal representative of the victims requested his reinstatement in order for him to continue to participate in the proceedings. Having considered the reports of the Registry and submissions of the defence, the PTC found, firstly, that there was no evidence of consultations having taken place between the accused and the impugned legal representative of the victims, and, secondly, that the alleged conflict of interest pertained, in any event, to conduct that occurred in another place and at another time from that of the conducts being currently being accused of.
Publication Date
2012
Citation Information
Christoffer Wong. "Decision on the Apparent Conflict of Interest in relation to the Legal Representative of Victims a/0015/08 … a/0035/08, Prosecutor v. Katanga and Ngudjolo Chui, Case no ICC-01/04-01/07, Pre-Trial Chamber I, 16 July 2008" (2012)
Available at: http://works.bepress.com/christoffer_wong/14/