Jean-Pierre Bemba
Encyclopedia
Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...

. He was one of four vice-presidents
Vice Presidents of the Democratic Republic of the Congo
Following the end of the Second Congo War, and until December 6, 2006, transitional institutions were established, consisting of the former warring parties, as well as representatives of the non-belligerent opposition, and representatives of the civil society...

 in the transitional government of the Democratic Republic of the Congo
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...

 from 17 July 2003 to December 2006. Bemba also leads the Movement for the Liberation of Congo
Movement for the Liberation of Congo
The Movement for the Liberation of the Congo is a political party in Democratic Republic of the Congo. It was a rebel group operating in the Democratic Republic of Congo that fought the government throughout the Second Congo War. It subsequently took part in the transitional government and is now...

 (MLC), a rebel
Rebellion
Rebellion, uprising or insurrection, is a refusal of obedience or order. It may, therefore, be seen as encompassing a range of behaviors aimed at destroying or replacing an established authority such as a government or a head of state...

 group turned political party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...

. He received the second highest number of votes in the 2006 presidential election
Democratic Republic of the Congo general election, 2006
General elections were held in the Democratic Republic of the Congo on July 30, 2006, the first multiparty elections in the country in 41 years. Voters went to the polls to elect both a new President of the Republic and a new National Assembly, the lower-house of the Parliament.The polls were...

. In January 2007 he was elected to the Senate
Senate of the Democratic Republic of the Congo
The Senate is the upper house of the Parliament of the Democratic Republic of the Congo.During the transition period in the Democratic Republic of the Congo , the Senate, aside from its Legislative role, also had the task of drafting the country's new constitution...

.

He was arrested near Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...

 on 24 May 2008 on the basis of an arrest warrant issued by the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

. Although he was originally charged with three counts of crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...

 and five counts of war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

s, in October 2010, the ICC reduced the charges to two counts of crimes against humanity and three counts of war crimes.

Background

Bemba was born in Bokada, Nord-Ubangi District
Nord-Ubangi District
Nord-Ubangi District is a district located in the Équateur province, in the Democratic Republic of the Congo....

. He is one of the richest men in the Congo, with an estimated fortune of several hundred million dollars. His businesses have included portable radios, aviation and private television stations. His father, Jeannot Bemba Saolona, was a businessman who was successful under former Zairian
Zaire
The Republic of Zaire was the name of the present Democratic Republic of the Congo between 27 October 1971 and 17 May 1997. The name of Zaire derives from the , itself an adaptation of the Kongo word nzere or nzadi, or "the river that swallows all rivers".-Self-proclaimed Father of the Nation:In...

 dictator Mobutu Sese Seko
Mobutu Sese Seko
Mobutu Sese Seko Nkuku Ngbendu wa Za Banga , commonly known as Mobutu or Mobutu Sese Seko , born Joseph-Désiré Mobutu, was the President of the Democratic Republic of the Congo from 1965 to 1997...

, and one of his sisters is married to Mobutu's son Nzanga
Nzanga Mobutu
François-Joseph Mobutu Nzanga Ngbangawe is a politician in the Democratic Republic of the Congo. He is a son of former president Mobutu Sese Seko...

, who was also a candidate in the 2006 presidential elections.

Involvement in the Central African Republic

In 2002, President Ange-Félix Patassé
Ange-Félix Patassé
Ange-Félix Patassé was a Central African politician who was President of the Central African Republic from 1993 until 2003, when he was deposed by the rebel leader François Bozizé...

 of the Central African Republic
Central African Republic
The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the north east, South Sudan in the east, the Democratic Republic of the Congo and the Republic of the Congo in the south, and Cameroon in the west. The CAR covers a land area of about ,...

 invited the MLC to come to his country and put down a coup attempt. Human rights activists accused MLC fighters of committing atrocities against civilians in the course of this conflict.

Presidential election

Bemba was one of 33 candidates who ran in the Congolese presidential election
Democratic Republic of the Congo general election, 2006
General elections were held in the Democratic Republic of the Congo on July 30, 2006, the first multiparty elections in the country in 41 years. Voters went to the polls to elect both a new President of the Republic and a new National Assembly, the lower-house of the Parliament.The polls were...

 on 30 July 2006. His main campaign slogan — "One Hundred Percent Congolese" — was widely perceived as an attack on frontrunner President Joseph Kabila
Joseph Kabila
Joseph Kabila Kabange is a Congolese politician who has been President of the Democratic Republic of the Congo since January 2001. He took office ten days after the assassination of his father, President Laurent-Désiré Kabila...

.

During the campaign, he denied allegations of cannibalism
Cannibalism
Cannibalism is the act or practice of humans eating the flesh of other human beings. It is also called anthropophagy...

, after opponents claimed that he had eaten pygmies during fighting in 2002. "These are lies which have come from the highest levels of government...The pygmies are alive and well" he responded.

Bemba received substantial support in the western, Lingala
Lingala language
Lingala, or Ngala, is a Bantu language spoken throughout the northwestern part of the Democratic Republic of the Congo and a large part of the Republic of the Congo , as well as to some degree in Angola and the Central African Republic. It has over 10 million speakers...

-speaking portion of the country, including the capital, Kinshasa
Kinshasa
Kinshasa is the capital and largest city of the Democratic Republic of the Congo. The city is located on the Congo River....

. Following the vote there was significant tension as to whether the results would give Kabila a majority of the vote, in which case there would not be a second round against Bemba, who was perceived as Kabila's main opponent. However, according to results announced on 20 August, Kabila won 44% of the vote and Bemba won 20%, and therefore the two faced each other in a second round, held on October 29. The electoral commission announced the official results on November 15, naming Kabila the winner with 58.05% of the vote; Bemba's supporters have alleged fraud.

On November 27, 2006, the Supreme Court of the DRC rejected the fraud charges brought by Bemba, and confirmed Kabila as the new elected Congolese President. A day later, Bemba said that he disagreed with the court's decision, but that "in the greater national interest and to preserve peace and to save the country from chaos and violence", he would participate in the system by leading the political opposition. He did not attend Kabila's swearing-in ceremony on December 6. On December 8, the MLC announced that Bemba would run for a Senate seat from Kinshasa in the January 2007 senatorial election
Democratic Republic of the Congo Senate election, 2007
Elections to the Senate of the Democratic Republic of the Congo were held on 2007-01-19, though they had originally been scheduled for 2007-01-16...

, and he succeeded in winning a seat.

March 2007 violence

A dispute over Bemba's personal guard led to an outbreak of fighting near Bemba's residence in Kinshasa on March 22, 2007. Bemba's guard did not obey a March 15 deadline to register at a military base in order to be incorporated into the military, with a spokesperson for Bemba citing concerns about his security. In the fighting, a number of people, including both soldiers and civilians, were reported killed. Bemba called for a ceasefire and negotiations and took refuge in the South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

n embassy. As fighting continued on March 23, it was announced that a warrant for Bemba's arrest had been issued, accusing him of high treason. Although Bemba enjoys immunity as a senator, the country's chief prosecutor said that he would ask parliament to remove it. Bemba blamed the government for the fighting, said that it sought to kill him, and said that he would not surrender. Later on the same day, government forces were reported to have regained control of most of the city. According to one estimate, up to 600 people were killed in the fighting.

On March 26, Kabila said that security could not be guaranteed through negotiation and referred to the importance of restoring order. He characterized the dispute as a military one and said that Bemba could not be above the law; he also claimed that Bemba's guards had tried to take over Kinshasa. Bemba warned of the potential for dictatorship and said that he might go into exile due to his security concerns. According to Bemba, the fighting had started as a result of an assassination attempt against him by soldiers who had surrounded his house. Hundreds of fighters loyal to Bemba, both in Kinshasa and the north of the country, reportedly surrendered following the fighting to be integrated into the army.

Late in the month it was reported that Bemba planned to travel to Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...

 for treatment of a broken leg; he had already received treatment for his leg there in previous months. The Portuguese ambassador subsequently said on March 30 that Bemba was expected to go to Portugal for treatment, but was not going into exile there. The Senate approved the trip, for a period of 60 days, on April 9; Bemba promised to avoid politics while in Portugal. On April 11, Bemba left the South African embassy and was taken to the airport by U.N. MONUC forces, then flown out of the country to Portugal, along with his wife and children. On April 12, the attorney general, Tshimanga Mukeba, said that he had requested that the Senate remove Bemba's immunity.

Following the outbreak of violence in March, Bemba's party, the MLC, said that it was being targeted by the government through arrests and intimidation, and that its headquarters was occupied by government forces. On April 13, the party suspended its participation in the National Assembly
National Assembly of the Democratic Republic of the Congo
Composition of the National Assembly...

 due to what it described as insecurity. The MLC ended its boycott on April 25.

In the first half of June, it was reported that, despite the expiration of the 60 days he had been allowed by the Senate, Bemba would not return to DR Congo at that time due to concerns about his safety. According to MLC executive secretary Thomas Luhaka, Bemba was medically in a condition to return and take part in politics again, and Luhaka called for a political solution that would facilitate his return. Without the Senate's permission to be absent, he would be subject to the automatic loss of his seat if absent from over a quarter of Senate sessions, unless the absences were justified. On June 15, the Senate extended the period of Bemba's permitted absence until July 31, fulfilling a request from Bemba in a June 12 letter in which he asked for more time. In this letter he expressed a readiness to return and take part in politics, but also expressed concerns about his safety.

Bemba met with Louis Michel
Louis Michel
Louis H. O. Ch. Michel is a Belgian politician. He served in the government of Belgium as Minister of Foreign Affairs from 1999 to 2004 and was European Commissioner for Development and Humanitarian Aid from 2004 to 2009. Since 2009, he has been a Member of the European Parliament...

, the European Commissioner for Development & Humanitarian Aid
European Commissioner for Development & Humanitarian Aid
The Commissioner for International Cooperation, Humanitarian Aid and Crisis Response is a member of the European Commission. The post is currently held by Kristalina Georgieva....

, on July 13. According to Michel, Bemba "intends to give the presidential majority the benefit of the doubt" and would not do or say anything "that could be taken as an attempt at destabilisation". He did not return by the deadline on July 31, with a spokesman citing continued security concerns; the Senate was then in recess until September 15, and Senate President Kengo wa Dondo
Kengo Wa Dondo
Léon Kengo Wa Dondo served as the "first state commissioner" several times under Mobutu Sese Seko in Zaïre. He was one of the most powerful figures in the regime and was a strong advocate of economic globalization and free-market economics...

 said that Bemba would not be penalized for being away during this period because the Senate was not in session. In a statement published on August 1, Bemba said that he wanted to return before September 15.

It was announced on September 7 that Bemba had met with National Assembly President Vital Kamerhe
Vital Kamerhe
Vital Kamerhe is a Congolese politician. Former Speaker of the National Assembly of the Democratic Republic of the Congo and former Minister of Information, he is currently Honorary President of the National Assembly, founder and leader of the UNC party and candidate to the 2011 presidential...

 in Portugal to discuss his potential return. In November 2007, he visited Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...

 and met with Belgian Foreign Minister Karel de Gucht
Karel De Gucht
Karel Lodewijk Georgette Emmerence De Gucht is a Belgian politician who has been the European Commissioner for Trade since 2010...

 on November 5.

In a March 2008 interview, one year after the Kinshasa clashes, Bemba said that he was in "forced exile" and that it seemed the government was moving towards dictatorship.

Arrest and trial

In March 2003, Central African President Patassé was ousted, and the government that replaced him pressed charges against Patassé and Bemba in September 2004. International arrest warrants were issued, but because the new government was unable to have Bemba arrested, the matter was referred to the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 (ICC). On May 22, 2007, ICC prosecutor Luis Moreno-Ocampo decided to open investigations into crimes committed in the Central African Republic. This did not mean that Jean-Pierre Bemba was specifically targeted, but his indictment was a potential result of the investigation.

On 23 May 2008, a Pre-Trial Chamber of the ICC found that there were reasonable grounds to believe that Bemba bore individual criminal responsibility for war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

s and crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...

 committed in the Central African Republic between 25 October 2002 and 15 March 2003, and issued a sealed warrant for his arrest. He was charged with five counts of war crimes (murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

, rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...

, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

, pillaging, and outrages upon personal dignity) and three counts of crimes against humanity (murder, rape and torture).

On May 24, 2008, Bemba was arrested near Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...

. He was surrendered to the ICC on 3 July 2008 and transferred to its detention centre in the Hague. He was the first person arrested in connection with the ICC's investigation in the Central African Republic. The Supreme Court of the Central African Republic had been unable to prosecute cases against Bemba and former CAR President Ange-Félix Patassé
Ange-Félix Patassé
Ange-Félix Patassé was a Central African politician who was President of the Central African Republic from 1993 until 2003, when he was deposed by the rebel leader François Bozizé...

.

The MLC denounced the arrest and requested that Parliament do likewise; it also asked that Parliament call on the Belgian government to respect Bemba's immunity as a Senator under Congolese law. MLC official Delly Sesanga accused ICC prosecutor Moreno-Ocampo of trying "to interfere with the internal businesses of Congo", describing such interference as "unacceptable"; Sesanga also said that, although the prosecution claimed Bemba was a flight risk, there had been no indication of that. More than 2,000 supporters of Bemba protested in Kinshasa on May 27, demanding that he be freed.

Bemba's defense argued that the legal procedures applied to Bemba's case were irregular, but on July 1 a Belgian court rejected this argument, making it possible to transfer Bemba to the ICC. Bemba's lawyer Aime Kilolo Musamba said that Bemba had "no fear of the ICC" and was "totally sure of his innocence", but he also said that Bemba would seek the intervention of the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 in hopes that it would demand the suspension of his case because he had "done a lot of work for peace". Meanwhile, MLC official Fyfy Osambia argued that "the matter has been politicised" and that people "close to President Kabila" were responsible for the complaint against Bemba. He said that Bemba should be allowed to go before the ICC without being a prisoner.

Following the Belgian court's ruling, Bemba was transferred to the ICC in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

 on July 3. Musamba stressed that this was an opportunity to prove that Bemba was innocent. In a hearing on July 4, Bemba made his first appearance at the ICC, and the beginning of a hearing dealing with confirmation of the charges against him was set for November 4. Geraldine Mattioli of Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 said on this occasion that she hoped Bemba would additionally be tried for crimes committed in his own country.

On 15 June 2009, an ICC Pre-Trial Chamber confirmed some of the charges against Bemba and committed him to trial. However, the judges did not find that there was sufficient evidence to try him for torture and outrages upon personal dignity. On 8 July 2009, Bemba was granted a temporary release to attend his father's funeral in Brussels.

On 2 December 2009 the ICC ruled that Bemba was a flight risk and must remain in custody until his trial.

The trial of Bemba began on 22 November 2010

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK