8/9/2019 Press Release.firmin Yangambi[1]

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Colegio de Abogados Penal Internacional

FOR IMMEDIATE RELEASE8 June 2010

CONTACT: International Criminal Bar Jean Flamme, +32 9 221 25 72Jordi Palou Loverdos, +34.661.574.375

The International Criminal Bar calls for a new trial before a civilian court for Congolese attorney Firmin Yangambi

The Hague – June 8 - The Executive Committee of the International Criminal Bar (ICB) calls for the immediate release of civilian attorney Firmin Yangambi and for thequashing of his conviction by a Congolese military tribunal in Kinshasa/Gombe.Firmin Yangambi and his co-defendants are entitled to legal proceedings before anindependent, impartial, competent and civilian court, which would guarantee therights of the defence and will give its decision in compliance with constitutionalprinciples while excluding a death sentence.

The International Criminal Bar recalls that Firmin Yangambi, a civilian attorney in theDRC who is a member of the International Criminal Bar and authorised to appear before the International Criminal Court, was tried before the military court of 

Kinshasa/Gombe along with three co-defendants, on charges of illegal possession of weapons of war and attempts at organising an insurrectionist movement. On March3, 2010, a military court sentenced Mr. Yangambi to death on the basis of minuteskept by judicial police officials pertaining to statements made by the defendants in theabsence of their lawyers and manifestly obtained after acts of torture. Some of thosewhom Mr. Yangambi has accused of torture have now been arrested in relation to themurder of a Congolese human right activist who was killed in Kinshasa last week.Mr. Yangambi has lodged an appeal of his conviction and death sentence. Hearingon the appeal will be held on Thursday, 10 June 2010, before five militarymagistrates.

Legal proceedings against civilians by military tribunals violate fundamental principles

necessary to ensuring fair trials as provided by the Congolese Constitution andArticle 7 of the African Charter on Human and People'sRights, ratified by the DRC in1987. See also African Commission on Human and Peoples' Rights, Principles and guidelines on the Right to a Fair Trial and Legal Aid in Africa ( 2005). In addition,Article 15 of the Convention against Torture states that "(...) Any statement that isestablished to have been obtained by torture (can) be invoked as evidence in anyproceedings, except against the person accused of torture as evidence that thestatement was made.

The International Criminal Bar, established in 2002, is a representative body of counsel and legal associations established to act as the counsel association for theInternational Criminal Court. Anticipated in rules 20 and 21 of the ICC Rules of 

Procedure and Evidence (RPE), the ICB is both representative of the world’s legal systems and geographic areas, and democratic in its structure and operation. It works to protect the right to a fair trial and the independence of Counsel appearing before the Court.