Title: Ngudjolo Chui case: ICC Appeals Chamber confirms the acquittal decision
Author: ICC Public Affairs Unit
Date: 02-27-2015, 07:30 PM
07:30 PM Feb, 27 2015
ICC Public Affairs Unit-Hague- Netherlands.
My Library at SudaneseOnline
Situation: Democratic Republic of the Congo (DRC)
Case: The Prosecutor v. Mathieu Ngudjolo Chui
Today, 27 February 2015, the Appeals Chamber of the International Criminal Court (ICC) issued its judgment confirming, by majority, Trial Chamber II’s decision of 18 December 2012 acquitting Mathieu Ngudjolo Chui of charges of crimes against humanity and war crimes. Judges Ekaterina Trendafilova and Cuno Tarfusser adopted a joint dissenting opinion and found that the Appeals Chamber should have amended or reversed the Trial Chamber’s decision and ordered a new trial before a different Chamber.
Judge Sanji Mmasenono Monageng, Presiding Judge in this appeal, read in open court a summary of the Appeals Chamber judgment. Judge Monageng explained that the Chamber examined the three grounds of appeal raised by the Prosecutor against the acquittal decision and that the majority of the Appeals Chamber judges, which includes herself, Judge Sang-Hyun Song and Judge Erkki Kourula, rejected the Prosecutor’s appeal and concluded that:
- Trial Chamber II did not err in its application of the “beyond reasonable doubt” standard. The factual findings, credibility assessments of witnesses and documentary evidence of the Trial Chamber which were challenged by the Prosecutor in relation to Mathieu Ngudjolo Chui’s role in the attack on Bogoro were held to be not unreasonable.
- In addition, the Appeals Chamber found that the Trial Chamber applied the correct approach in its decision-making process, taking into account the entirety of the evidence presented.
- Under the third ground of appeal which dealt with allegations of witness tampering by Mr Ngudjolo Chui whilst he was in detention, the Appeals Chamber held, inter alia, that even though the Trial Chamber erred in refusing to allow the Prosecutor to use information gleaned from the recorded telephone conversations of Mr Ngudjolo Chui, to cross-examine Mr Ngudjolo Chui and two other key witnesses, this error did not materially affect the outcome of the acquittal decision.
For these reasons, the Appeals Chamber, by majority, rejected the three grounds of the Prosecutor’s appeal and confirmed the acquittal of Mr Ngudjolo Chui.
Background: Mathieu Ngudjolo Chui, alleged former leader of the Front des nationalistes et intégrationnistes [National Integrationist Front] (FNI), was acquitted, on 18 December 2012, of three counts of crimes against humanity (murder, rape and sexual slavery) and seven counts of war crimes (using children under the age of 15 to take active part in the hostilities; directing an attack against a civilian population as such or against individual civilians not taking direct part in hostilities; wilful killing; destruction of property; pillaging; sexual slavery and rape) allegedly committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. On 21 December 2012, Mathieu Ngudjolo Chui was released from custody. On 20 December 2012, the Office of the Prosecutor appealed the verdict.
For further information on the case, click here.
Judgment on the Prosecutor’s appeal against the decision of Trial Chamber II entitled “Judgment pursuant to article 74 of the Statute”
Question and Answers, Judgment on the appeal against the acquittal of Mathieu Ngudjolo Chui, 27 February 2015
Topics related to the subject or the author
Freedoms severely curtailed in Sudan in 2014: Amnesty 02-27-15, 01:19 PM, Radio DabangaI’m ready to “leave” if the people decided that through elections: Sudan’s president 02-27-15, 01:16 PM, SudaneseOnline NewsSudan's Bashir says will quit in 2020 if re-elected president 02-26-15, 06:02 PM, ReutersLiberation of Kuhliyat garrison 5 km west Kadugli city 02-25-15, 08:33 PM, الحركه الشعبيه لتحرير السودان شمالBashir: Iranian centers closed to protect Sudan 02-25-15, 08:32 PM, Al Arabiya NewsStatement of the ICC Prosecutor at a press conference in the Central African Republic 02-25-15, 08:29 PM, ICC Public Affairs UnitSudan election is 'propaganda', says rebel leader 02-25-15, 05:53 PM, Guardian NewsChina announces that it will continue to support South Sudan peace process 02-24-15, 04:04 PM, SudaneseOnline NewsThree die in militia attacks in South and North Darfur 02-24-15, 04:03 PM, Radio DabangaSudan and Kuwait negotiate help Zain repatriate $280 million worth of Sudanese pounds 02-24-15, 04:02 PM, SudaneseOnline NewsDarfur displaced invite US Deputy Secretary of State to visit their camps 02-24-15, 04:00 PM, Radio DabangaSudan election campaign to start amid opposition boycott 02-23-15, 05:39 PM, AFP Agence France PresseBoko Haram on agenda of IGAD Inter -Parliamentary Union in Khartoum 02-23-15, 05:29 PM, SudaneseOnline NewsSudan activists to take action against Tabit mass rape 02-23-15, 05:29 PM, Radio DabangaDarfur rebels kill soldiers in central Jebel Marra 02-21-15, 03:23 PM, Radio DabangaDarfur authority stresses that improvement of U.S-Sudanese relations will bring peace 02-21-15, 03:22 PM, SudaneseOnline NewsCentral Darfur's displaced without shelter after fire 02-21-15, 03:21 PM, Radio DabangaSudan’s president addresses the Speakers of Parliaments of IGAD 02-21-15, 03:19 PM, SudaneseOnline NewsThe fighting in Darfur displaced more than 41,000 since late December: UN 02-20-15, 03:56 PM, SudaneseOnline NewsBrig. Gen. John Mabieh vowed to take Malakal town by 9th March this year 02-19-15, 03:38 PM, Weirial Puok BaluangSouth Sudan Rebel Spokesman Defects 02-18-15, 11:43 PM, Voice of AmericaU.S. Treasury Allows Personal Communication Exports to Sudan 02-18-15, 11:41 PM, wall street online journalSudan security agents confiscate print runs of 14 newspapers 02-18-15, 11:29 PM, SudaneseOnline Press ReleaseFAO teams up with the Ministry of Livestock, Fisheries and Rangelands and provides about USD 1 mill 02-18-15, 03:41 PM, SudaneseOnline Press ReleaseSouth Sudan Warns Media Not to Publish Rebel Interviews 02-17-15, 04:29 PM, Voice of AmericaVideo Report Sheds Light On Fierce Fighting In Sudan 02-15-15, 04:19 PM, Huffington PostSudanese journalist disappears under mysterious circumstances 02-15-15, 03:57 PM, SudaneseOnline NewsPolitical delegation in Tabit scares residents 02-14-15, 03:16 PM, Radio DabangaIGAD's Inter-Parliamentary Union convenes its meeting in Khartoum 02-14-15, 03:12 PM, SudaneseOnline NewsSudan investigates rape of girl in Darfur by UNAMID officer: Source 02-13-15, 03:49 PM, SudaneseOnline NewsSudan’s opposition welcomes HRW’s confirmation of Darfur mass rape 02-13-15, 01:58 PM, Radio DabangaSudan refers the case of the two political detainees to the court 02-13-15, 01:56 PM, SudaneseOnline NewsStatement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the Internation 02-12-15, 03:17 PM, ICC Public Affairs UnitSeven Investment Programme Areas Under the Sudanese National Agricultural Investment Plan (NAIP) Id 02-12-15, 03:15 PM, SudaneseOnline Press ReleaseSudan: Mass Rape by Army in Darfur UN, AU Should Press for Protection, International Investigation 02-11-15, 10:04 PM, SudaneseOnline Press ReleaseFirewood collectors assaulted in Kabkabiya, North Darfur 02-06-15, 03:12 PM, Radio DabangaSudan’s president supports the Arab Parliament efforts 02-06-15, 01:39 PM, SudaneseOnline NewsBoy burns to death in attack on villages in North Darfur 02-06-15, 01:37 PM, Radio DabangaSudan and Arab League discuss providing assistance to Darfur 02-04-15, 05:00 PM, SudaneseOnline NewsMP demands rule of law restored in North Darfur 02-04-15, 03:52 PM, SudaneseOnline NewsSudan’s Ministry of Culture orders the closure of the Sudanese Writer’s Union 02-03-15, 07:10 PM, african centre for justiceStatement of the Prosecutor of the International Criminal Court, Fatou Bensouda, ahead of the gener 02-02-15, 07:56 PM, ICC Public Affairs UnitLiberation and Justice Movement -LJM apology to people of Darfur 02-02-15, 04:40 PM, Radio DabangaAU movements to withdraw Darfur file from (ICC): Sudanese Foreign Minister 02-02-15, 04:37 PM, SudaneseOnline NewsAU calls on (ICC) to drop or suspend charges against Sudan’s president and Kenyan Deputy President 02-01-15, 05:40 PM, SudaneseOnline NewsSudan's Omar al-Bashir gets Chinese-built presidential palace 01-27-15, 04:05 PM, BBC NewsSudan authorities working on arrest warrants against El Mahdi and Minawi 01-26-15, 04:16 PM, Radio DabangaSudanese popular initiative to mend relations between Khartoum and Washington 01-25-15, 03:59 PM, SudaneseOnline NewsSudan’s president participates in AU Summit in Addis Ababa 01-18-15, 11:43 PM, SudaneseOnline NewsAl Bashir’s candidacy humiliation for all Sudanese: Darfur displaced 01-12-15, 03:36 PM, Radio DabangaAl Bashir is uniting Sudan with his hate speeches: Umma Party leader 12-30-14, 02:54 PM, Radio DabangaSudan’s ruling party announces its electoral programme 12-30-14, 01:57 AM, SudaneseOnline NewsSudan and Kenya confirm that ICC targets Africa leaders 12-26-14, 04:32 PM, SudaneseOnline NewsEthiopia supports the collective leave of African States from (ICC): Sudan’s government says 12-26-14, 02:57 PM, SudaneseOnline NewsSudan demands apology for Jordan statement on ICC report 12-23-14, 10:04 PM, The Middle East MonitorKhartoum summons Jordanian Ambassador about Jordan mission statements to UN 12-23-14, 10:00 PM, SudaneseOnline NewsSudan calls on (UNSC) to cancel resolution 1593 which referred the Darfur file to ICC 12-19-14, 02:06 PM, SudaneseOnline NewsICC’s referral of Darfur issue to UN is a means of pressure to arrest those wanted by the court: Su 12-17-14, 02:44 PM, SudaneseOnline NewsDisplaced urge UN Security Council to act on Darfur case 12-16-14, 04:29 PM, Radio DabangaStatement by the UK Legal Advisor to the UK Mission to the UN to the Security Council Briefing on S 12-16-14, 02:30 PM, SudaneseOnline Press ReleaseICC decision is a “chance” to Sudanese and African community to put an end to the court: Sudan’s Pa 12-15-14, 02:26 PM, SudaneseOnline NewsAl-Bashir says (ICC) is one of the tools aims to humiliate and subjugate Sudanese 12-14-14, 01:41 PM, SudaneseOnline NewsICC criticizes UN for failing to push for the arrest of Sudanese President 12-13-14, 03:10 PM, SudaneseOnline NewsSudan Call A Political Declaration on the Establishment of a State of Citizenship and Democracy 12-06-14, 03:37 PM, SudaneseOnline Press ReleaseBemba, Kilolo et al. case: Pre-Trial Chamber II commits five suspects to trial 11-11-14, 04:25 PM, ICC Public Affairs UnitBeja Congress Condemns Rape of Women in Darfur 11-09-14, 10:26 PM, مؤتمر البجاThe Prosecutor of the International Criminal Court, Fatou Bensouda, attends 7th Colloquium of Inter 11-05-14, 05:58 PM, ICC Public Affairs UnitRe: Sudanese Congress Party Leader banned from travel 11-02-14, 08:11 PM, سيف اليزل سعد عمرAn important Statement No.14 by Commander Ismail Khamis Jalab The former governor of South Kordofan 10-31-14, 03:37 PM, SudaneseOnline Press ReleaseICC holds first sub-regional Seminar of Counsel and the Legal Profession in Dakar, Senegal 10-27-14, 09:41 PM, ICC Public Affairs UnitFatou Bensouda briefs the United Nations Security Council 10-24-14, 04:31 PM, ICC Public Affairs UnitSudan's ruling party nominates Al- Bashir to new presidential term 10-22-14, 04:53 PM, SudaneseOnline NewsAnother brutal war crime committed by khartoum regime in Hieban town 10-17-14, 04:20 PM, الحركه الشعبيه لتحرير السودان شمالExperts consider appearance of Kenyan present before ICC as legal precedent 10-10-14, 04:09 PM, SudaneseOnline NewsAl Bashir should take Kenyan President as example: Sudan rebels 10-10-14, 02:41 PM, Radio DabangaLetter to President Obama from Sudanese living in Diaspora 10-09-14, 10:04 PM, SudaneseOnline NewsA demonstration in London on April 28 to condemn terrorism and violence practiced by Sudanese autho 10-08-14, 07:03 PM, SudaneseOnline NewsSudan leader rigid, ex-media boss uncle says 10-08-14, 06:58 PM, SudaneseOnline NewsUS urges parties to conflict in S. Sudan to stop fighting 10-08-14, 06:46 PM, SudaneseOnline NewsFighting the war in the mountains of Sudanand#138; with a camera 10-08-14, 06:01 PM, SudaneseOnline NewsPress Release from U.Sudan Peace and Development Foundation 09-24-14, 05:20 AM, SudaneseOnline Press ReleaseSudan: UN Body Should Press for Inquiry One Year On, No Justice for Protester Deaths 09-23-14, 05:10 PM, SudaneseOnline Press ReleaseInternational Criminal Court opens its doors to more than 750 visitors on Hague International Day 09-22-14, 07:02 PM, SudaneseOnline Press ReleaseICC Trial Chamber IV issues arrest warrant against Abdallah Banda Abakaer Nourain 09-11-14, 05:04 PM, SudaneseOnline Press ReleaseICC to start trial of Banda on Friday 07-16-14, 11:08 PM, SudaneseOnline NewsHead of Sudanese Alliance puts road-map plan to remove tension 06-18-14, 07:32 PM, SudaneseOnline NewsSudan renews rejection to ICC measures 06-18-14, 07:32 PM, SudaneseOnline NewsNew Amnesty International report - Nowhere Safe: Civilians Under Attack in South Sudan 05-11-14, 07:24 PM, SudaneseOnline Press ReleaseSudan’s 2015 elections: an ominous deja vu? 05-06-14, 00:38 AM, Sudan Democracy First GroupSouth Sudan Facing Genocide Risk Amid Personal Power Struggle, U.N. Officials Warn 05-04-14, 04:11 PM, Huffington PostICC urges Ethiopia to arrest President Al-Bashir 05-01-14, 05:58 PM, SudaneseOnline NewsAMNESTY INTERNATIONAL Obituary: Osman Hummaida 04-25-14, 06:25 PM, SudaneseOnline Press ReleaseSolidarity Committee threatens to take” September victims” case to ICC 04-23-14, 03:43 PM, SudaneseOnline NewsNo justice for Sudan protest killings: Human Rights Watch 04-22-14, 04:25 PM, Radio DabangaSudan: No Justice for Protest Killings Release Detainees and Punish Abusive Forces 04-21-14, 05:57 PM, SudaneseOnline Press Release‘Legal technicality’ leads to expulsion of NGO Merlin from Sudan 04-18-14, 02:28 PM, Radio DabangaHuman rights activists call for cessation of war in Sudan 04-08-14, 06:14 PM, SudaneseOnline NewsSudanese civilians terrorised by capricious militia 04-07-14, 05:51 PM, AFP Agence France PresseEgyptian Muslim Brotherhood leader visits Khartoum 04-05-14, 02:56 PM, The Middle East MonitorSudan aid needs astonishing : British official 04-03-14, 06:27 PM, The Daily StarSudan Human Rights and Humanitarian Bulletin for the period 01 to 15 March 2014 04-02-14, 07:20 PM, SudaneseOnline NewsSudanese Parliamentarian considers non-invitation of President Al-Bashir to attend African-European 04-02-14, 03:12 PM, SudaneseOnline NewsSudan accuses EU of seeking to create a rift in African position 04-01-14, 05:56 PM, The Middle East MonitorAlarm raised over violence in Sudan's Darfur 03-28-14, 05:52 PM, Aljazeera newsSudan Human Rights and Humanitarian Bulletin for February 2014 03-26-14, 02:39 PM, Darfur Relief and Documentation CentreMohamed I. Elgadi’s Letter to President Obama 03-26-14, 02:29 PM, SudaneseOnline NewsMusa Hilal’s insurgency 03-17-14, 04:20 PM, Sudan Democracy First GroupSPLM Secretary General describes death sentence by Sudanese court against him as political 03-15-14, 04:03 PM, ياسر عرمانSudan police clash with mourners at funeral 03-13-14, 01:48 AM, Aljazeera newsStatement of the Prosecutor of the International Criminal Court, Fatou Bensouda, providing an updat 03-07-14, 06:42 PM, SudaneseOnline Press ReleaseStatement by the International Criminal Court on the occasion of International Women’s Day 03-07-14, 06:41 PM, SudaneseOnline Press Releasestatement issued by DRDC concerning the ongoing round of ethnic cleansing in Darfur 03-04-14, 03:08 AM, SudaneseOnline NewsArson, #####ng displace thousands in Sudan's Darfur 03-04-14, 02:32 AM, SudaneseOnline NewsBooth: The US will continue urging international community to ask Sudan cooperate with ICC 02-28-14, 02:53 PM, SudaneseOnline NewsNEWS FLASH: DR Congo: Arrest Sudanese President al-Bashir, wanted for genocide 02-26-14, 05:47 PM, SudaneseOnline NewsPresident of the Assembly calls upon the Government of the Democratic Republic of the Congo to resp 02-26-14, 05:45 PM, SudaneseOnline News A comprehensive peace Khartoum: Hussein Saad 02-23-14, 07:57 PM, SudaneseOnline NewsPublication of Constitutional Proetction of Human Rights in Sudan 02-10-14, 05:37 PM, SudaneseOnline NewsIssues No. 6 and 7 of the Sudan Human Rights and Humanitarian Bulletin covering the periods 01 to 1 02-10-14, 05:33 PM, SudaneseOnline NewsSudan’s Humanitarian Aid Commission suspends the International Committee of the Red Cross’ operatio 02-08-14, 00:54 AM, SudaneseOnline NewsFighting the war in the mountains of Sudanand#138; with a camera 01-28-14, 04:40 AM, SudaneseOnline NewsUS urges parties to conflict in S. Sudan to stop fighting 01-02-14, 04:37 PM, SudaneseOnline News The Nuer Community of North America Calls upon China, Russia and Iran 12-30-13, 08:52 PM, sudaneseonline Massacre of Nuer civilians at The Hands of President Kiir’s Dinka mili 12-22-13, 00:49 AM, sudaneseonline Sudan Human Rights and Humanitarian Bulletin Issue No 4 01 – 15 Decem 12-17-13, 06:24 PM, SudaneseOnline News Statement by the International Criminal Court on the passing of Nelson 12-07-13, 00:06 AM, SudaneseOnline News New Report: Crisis situation for women in Sudan 12-06-13, 11:51 PM, SudaneseOnline News 3rd Issue of the Sudan Human Rights and Humanitarian Bulletin for the 12-02-13, 02:32 PM, sudaneseonline Sudan leader rigid, ex-media boss uncle says 11-22-13, 02:28 AM, SudaneseOnline News Ex-media boss uncle says Sudan leader will never change 11-21-13, 02:30 PM, SudaneseOnline News Sudan feels the heat from fuel protests 11-15-13, 04:59 AM, BBC News UN revels that Sudan's president has canceled his visit to New York 09-27-13, 00:10 AM, SudaneseOnline News Darfur People's Association of New York Rally to urge UN, UNSC and the 09-26-13, 04:29 AM, SudaneseOnline News Rally to urge UN, UNSC and the United states to stand for Justice for 09-23-13, 06:21 AM, SudaneseOnline News UN: Demand al-Bashir’s surrender to the International Criminal Court 09-20-13, 04:14 PM, SudaneseOnline News ICC urges American administration to arrest Sudan's president, if he v 09-19-13, 04:22 PM, SudaneseOnline News Al Bashir case: ICC Judges invite the US to arrest the suspect and sur 09-18-13, 07:07 PM, SudaneseOnline News U.S. is not qualified morally, politically or legally to give any less 09-18-13, 03:43 PM, SudaneseOnline News Letter from African Centre for Justice and Peace Studies 09-13-13, 11:49 PM, SudaneseOnline Press Release Human Rights Situation in Sudan: Amnesty International’s joint written 09-11-13, 09:17 PM, SudaneseOnline News Renewal and strengthening of the special procedure mandate on the situ 09-11-13, 09:16 PM, SudaneseOnline News Kenya: Cooperate fully with International Criminal Court trials 09-09-13, 05:04 PM, SudaneseOnline Press Release