The International Criminal Court ordered the release Wednesday of the first person to be imprisoned by the tribunal on the grounds that prosecutors have withheld evidence in his case.
Former Congolese militia leader Thomas Lubanga was charged with abducting children under the age of 15 to use as child soldiers in his army, the Union of Congolese Patriots. His trial was set to begin last Monday, but was delayed when the court ruled prosecutors have withheld evidence.
Shortly after the announcements of Lubanga’s release, prosecutors appealed the decision, and the 47-year-old’s release was put on hold pending the outcome of that appeal.
The three-judge panel responsible for ordering Lubanga’s release issued a statement in defense of the decision, saying that “in the absence of the prospect of a trial, the accused cannot be held in custody.”
Judges say that as the situation now stands, “a fair trial of the accused is impossible, and the entire justification for his detention has been removed.”
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