ORGANISED CRIME IN THE D.R.CONGO

Organised Crime In The D.R.Congo

Organised Crime In The D.R.Congo

Introduction

From war crimes tribunals to anti-corruption and organized crime prosecutions, 2008 saw significant developments in international criminal law. Victims took on a substantially enhanced role in two of the newer tribunals, and international efforts to fight transnational organized crime and foreign corrupt practices received a boost from enhanced cooperation measures.

I. The Growing Trend to Allow Victim Participation in Trial Proceedings in International Criminal Tribunals

Victims have long been allowed to participate in sentencing proceedings in domestic courts and in reparation hearings in international criminal tribunals, but the International Criminal Court (ICC) broke new ground in 2006 when it allowed direct participation of victims in all court proceedings. In 2008, the Extraordinary Chambers in the Courts in Cambodia (ECCC) became the second international criminal tribunal to do so when it authorized the participation of victims in the appeal of the pretrial detention hearing of Nuon, Chea over the defense's objection.

One of the most unique hallmarks of the ICC and the ECCC is the status that they accord victims. Victims may be involved in the ICC process from the initial investigation through sentencing and reparations. Victims in the ECCC process may be accorded the same status as other parties. Historically, European Courts have allowed for greater victim participation than English and American Courts. The ICC and ECCC victim participation rights are similar to the French civil law system in this regard. In the French system, a victim of a serious crime may join and participate in an ongoing criminal prosecution as a partie civile, with a civil claim for damages. This right to bring a civil claim before a juge d'instruction was recognized by the Cour de Cassation as early as 1906.

A. CRIMINAL COURT EXPERIENCE

Under the Rome Statute, the International Criminal Court must allow the views and concerns of victims whose personal interests are affected to be presented and considered at all stages, but the Court is given great flexibility in determining how this will be done without causing unacceptable disruption to the trial and other proceedings. To be granted victim status, a victim must file a seventeen page written application with the Registrar. In the more remote and inaccessible areas, intermediaries from local nongovernmental organizations will often assist with the completion and submission of the forms. A victim may request anonymity, but defense counsel is entitled to know the identity of the applicant. The parties are entitled to reply and lodge objections but do not have any related discovery rights. The matter is set for hearing, and if the application is granted, the Court specifies at what stage of the proceedings the victims may participate, and the extent and manner of the participation allowed. Minors are not allowed to submit their own application, but a person acting on their behalf may make the application.

Victims may not represent themselves at the ICC and may only participate through a legal representative. Financial assistance is available for those determined to be ...