国際刑事裁判所（ICC）書記局発行の機関紙である『ICCニュースレター』が、ルバンガ氏に対する公開審問の終了を報じました。法廷固有の表現が多く難しい内容でしたが全訳を試みてみました。法廷表現については自信がないので当該箇所の原文をカッコ付けで添えています。問題があれば、刑事訴訟法の専門家・学生さんなどからご指摘を頂ければ幸いです。まずは、原文から転載します。
First ICC confirmation of charges hearing concludes The Prosecutor v Mr Thomas Lubanga Dyilo
As scheduled, the confirmation of charges hearing before trial in the case of The Prosecutor v. Mr Thomas Lubanga Dyilo took place in The Hague from 9 November until 28 November. It was conducted by the Pre-trial Chamber I (PTC I) of the ICC which is constituted of Judge Claude Jorda (France), Judge Akua Kuenyehia (Ghana), and Judge Sylvia Steiner (Brazil). During this public hearing, all participants to the proceedings had the chance to be heard: the Prosecutor, the Defence and, for the first time in the history of international criminal law, the representatives of the victims. On a few occasions the PTC I ordered a closed session in order to ensure the confidentiality and security of the witnesses and victims involved. The legal representatives of the four recognised victims in this case were given the opportunity to present their observations in their opening and closing statements, as well as to assist in the sessions throughout the hearing. Following the PTC I oral decision on 10 November 2006 rejecting the Defence's motion to postpone the confirmation of charges hearing, the Office of the Prosecutor (OTP) presented its own evidence, submitting background information on Mr Thomas Lubanga Dyilo; evidence about the existence of an armed conflict in Ituri in the DRC; and information on the Union des patriotes congolais (UPC) and the Forces patriotiques pour la lib??ration du Congo (FPLC), including their policies and practices in relation to the recruitment of children aged 15 years or less. The OTP pursued their arguments by presenting evidence on the alleged role of Mr Lubanga Dyilo and his individual responsibility. A day was given to examine the witness, a children's human rights worker for the United Nations in the Congo (MONUC) for 2003 and 2004. During the second week of the hearing, the Counsel for the Defence started its case presentation by cross-examining the witness, lasting two days. The Defence presented its submissions regarding namely the burden of proof to be met by the OTP, on the admissibility and the probative value of the evidence previously submitted by the Prosecution. The Defence was also given the opportunity to present its exculpatory evidence on the above points which were discussed by the OTP during the previous week, and to which the OTP was given the chance to respond. The last day was given over to the closing statements of both parties. The three legal representatives of the four recognised victims by the PTC I were also allocated a total of one-and-a-half hours to present their observations, thus ensuring the process of equal representation for all participants had been met. Mrs Carine Bapita Buyangandu submitted her observations regarding victim a/105/06 and expressed her wish on behalf of her client for PTC I to confirm the charges held against Mr Lubanga Dyilo. Mr Franck Mulanda, followed by Mr Luc Walleyn, also expressed their points of view on behalf of victims a/0001/06, a/0002/06 and a/0003/06, requesting PTC I to confirm the charges. In accordance with Regulation 53 of the Regulations of the Court, PTC I will have to render its final written decision before 29 January 2007. The judges will decide whether or not to confirm the charges brought by the Prosecutor against Mr Thomas Lubanga Dyilo and commit him to trial.
