Congo warlord to stay in custody during appeal

July 9, 2008 - 0:0

THE HAGUE, Netherlands (AP) -- A panel of judges at the International Criminal Court ruled Monday that a former Congolese warlord must remain in custody while they consider prosecutors' appeal of the decision to free him.

Judges at the world's first permanent war crimes tribunal last week ordered Thomas Lubanga freed, saying he could not get a fair trial because prosecutors were withholding evidence that could help him clear his name.
The prosecution said it refused to release documents provided by the United Nations because the world body had provided them only on condition that they remain confidential.
After urging prosecutors for months to lift the confidentiality, judges preparing for Lubanga's trial — which was to have been the court's first since it started work six years ago — last month suspended the trial before it began. The UN had agreed to grant the judges limited access to the evidence, but the presiding judge rejected the offer as unworkable.
Lubanga is charged with recruiting and sending child soldiers to fight in bloody conflicts in the Ituri region of eastern Congo in 2002-2003. His trial would have been the first at an international court to focus solely on child soldiers.
The court said the appeals judges' reasons for keeping Lubanga in its detention unit near The Hague's North Sea coast would be published at a later date.
Prosecutors have said they hope soon to give judges details of a UN offer granting them far broader access to the evidence.