Colegio de Abogados Penal Internacional

FOR IMMEDIATE RELEASE CONTACT: International Criminal Bar

8 June 2010 Jean Flamme, +32 9 221 25 72
Jordi Palou Loverdos, +34.661.574.375

The International Criminal Bar calls for

a new trial before a civilian court for
Congolese attorney Firmin Yangambi
The Hague June 8 - The Executive Committee of the International Criminal Bar
(ICB) calls for the immediate release of civilian attorney Firmin Yangambi and for the
quashing of his conviction by a Congolese military tribunal in Kinshasa/Gombe.
Firmin Yangambi and his co-defendants are entitled to legal proceedings before an
independent, impartial, competent and civilian court, which would guarantee the
rights of the defence and will give its decision in compliance with constitutional
principles while excluding a death sentence.
The International Criminal Bar recalls that Firmin Yangambi, a civilian attorney in the
DRC who is a member of the International Criminal Bar and authorised to appear
before the International Criminal Court, was tried before the military court of
Kinshasa/Gombe along with three co-defendants, on charges of illegal possession of
weapons of war and attempts at organising an insurrectionist movement. On March
3, 2010, a military court sentenced Mr. Yangambi to death on the basis of minutes
kept by judicial police officials pertaining to statements made by the defendants in the
absence of their lawyers and manifestly obtained after acts of torture. Some of those
whom Mr. Yangambi has accused of torture have now been arrested in relation to the
murder of a Congolese human right activist who was killed in Kinshasa last week.
Mr. Yangambi has lodged an appeal of his conviction and death sentence. Hearing
on the appeal will be held on Thursday, 10 June 2010, before five military
magistrates.
Legal proceedings against civilians by military tribunals violate fundamental principles
necessary to ensuring fair trials as provided by the Congolese Constitution and
Article 7 of the African Charter on Human and People'sRights, ratified by the DRC in
1987. See also African Commission on Human and Peoples' Rights, Principles and
guidelines on the Right to a Fair Trial and Legal Aid in Africa (2005). In addition,
Article 15 of the Convention against Torture states that "(...) Any statement that is
established to have been obtained by torture (can) be invoked as evidence in any
proceedings, except against the person accused of torture as evidence that the
statement was made.

The International Criminal Bar, established in 2002, is a representative body of

counsel and legal associations established to act as the counsel association for the
International Criminal Court. Anticipated in rules 20 and 21 of the ICC Rules of
Procedure and Evidence (RPE), the ICB is both representative of the worlds legal
systems and geographic areas, and democratic in its structure and operation. It
works to protect the right to a fair trial and the independence of Counsel appearing
before the Court.