ICC witnesses have right to apply for
asylum, held Dutch court
28 December 2011
An Amsterdam court has ruled that three
witnesses from the Democratic Republic of Congo appearing at the International
Criminal Court (ICC) in The Hague must be given the right to apply for refugee
status in the Netherlands. A fourth witness case is still pending
This contravenes an earlier decision made
by the Dutch Immigration and Naturalisation Service (IND), which refused to
follow the advice of the ICC.
This contravenes an earlier decision made
by the Dutch Immigration and Naturalisation Service (IND), which refused to
follow the advice of the ICC.
The four witnesses were sentenced to jail in the DRC for 60 days back in 2005, but have
remained imprisoned ever since. Defence
lawyers in the ICC trial against Katanga requested they be
brought to the Netherlands to give evidence in 2011. The DRC agreed,
but on condition the witnesses be returned to the DRC.
But because their testimony incriminated
the Congolese president, they face persecution and possible execution.
Following the ICC’s appeal to protect them, the witnesses applied for asylum
in May 2011
Kinshasa, meanwhile, is furious by
developments in the case – as the ICC has basically reneged on its agreement
with the DRC - and has said it will block the transfer of any more
witnesses to The Hague unless those currently on loan to the court are sent
back.
