Congo-Kinshasa: Prosecutor Asks ICC Judges to Raise Lubanga's Jail Term
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Congo-Kinshasa: Prosecutor Asks ICC Judges to Raise Lubanga's Jail Term
In
a December 3, 2012 application, International Criminal Court (ICC)
prosecutor Fatou Bensouda asked appeals judges to raise the 14- year
jail sentence for Thomas Lubanga, who last March became the first person
to be convicted by the court. She did not recommend the number of years
he should be given.
The prosecutor considered the 14 years to be "manifestly inadequate and
disproportionate to the gravity of the crime." She argued that this
sentence failed to give sufficient weight to the gravity of the crimes
against children and the extent of the damage caused to victims and
their families.
Moreover, the prosecutor claimed that the sentence failed to give
sufficient weight to Mr. Lubanga's unlawful behavior, his degree of
participation, and the means used to commit the crimes.
On March 14, 2012, Trial Chamber I presided over by Judge Adrian Fulford
found Mr. Lubanga guilty as a co-perpetrator of recruiting,
conscripting, and using child soldiers in the armed wing of the Union of
Congolese Patriots (UPC). The judges found that these children were
actively used in an armed conflict during 2002 and 2003 in the Ituri
region of the Democratic Republic of Congo.
The former militia leader was sentenced to 14 years in jail, but since
he had been in court detention for six years at the time of the
sentencing, he will only have to serve around eight years. In
determining the July 10, 2012 sentence, judges stated that they took
into consideration the degree of participation of the convicted person;
the degree of intent; the circumstances of manner, time, and location;
and the age, education, social and economic condition of the convicted
person.
Furthermore, judges took into account Mr. Lubanga's behavior and conduct
throughout the trial which lasted nearly three years. They noted that
"he was respectful and cooperative throughout the proceedings, even
during times of unwarranted pressure."
In her appeal, the prosecutor claimed that besides failing to give
sufficient weight to the gravity of the crimes, the trial chamber made
two additional errors that should result in the upward revision of the
sentence. First, it failed to consider as an aggravating circumstance
the abuse of the authority and trust held by Mr. Lubanga.
