Following its decision, dated 8 July, 2010, imposing an unconditional stay on the proceedings of the case The Prosecutor v. Thomas Lubanga Dyilo, Trial Chamber I of the International Criminal Court (ICC) today, 15 July, ordered the release of the accused. According to the judges, an accused cannot be held in preventative custody on a speculative basis, namely that at some stage in the future the proceedings may be resurrected.
However the order will not be implemented with immediate effect. “This order shall not be enforced until the five day time limit for an appeal has expired”, stated presiding Judge Adrian Fulford in a hearing today. “If an appeal is filed within the five day time limit against this order granting release, and if a request is made to suspend its effect, the accused shall not leave detention until the Appeals Chamber has resolved whether this order granting release is to be suspended”, Judge Fulford continued. The Chamber also noted that an order releasing the accused shall only be put into effect after arrangements have been made for his transfer to a State that is obliged to receive him. In its oral decision, Trial Chamber I also granted the Prosecutor’s 15 July application for leave to appeal the decision to stay the proceedings.
See the ICC Press Release here
Image courtesy of the ICC website