International Criminal Court (ICC) [to 2 January 2016]
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Thomas Lubanga Dyilo and Germain Katanga transferred to the DRC to serve their sentences of imprisonment
9/12/2015
On 19 December 2015, Thomas Lubanga Dyilo and Germain Katanga were transferred to a prison facility in the Democratic Republic of the Congo (“DRC”) to serve their respective sentences of imprisonment. This constitutes the first time that the International Criminal Court (ICC) has designated a State for the enforcement of imprisonment’s sentences.

On 8 December 2015, the Presidency of the ICC designated the DRC as the State of enforcement for the sentences of imprisonment of Mr Lubanga and Mr Katanga, pursuant to article 103 of the Rome Statute. The Presidency emphasised that Mr Lubanga and Mr Katanga had each expressed a preference to serve their respective sentences of imprisonment in the DRC, their home country. The Presidency noted that the enforcement of the sentences of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international standards governing the treatment of prisoners.

The transfer of Mr Lubanga and Mr Katanga to the DRC occurred with the close cooperation of the DRC authorities and the support of the Dutch and French authorities. On 24 November 2015, the ICC and the DRC finalised an ad hoc Agreement in respect of each sentenced person, expressing the willingness of the DRC to accept Mr Lubanga and Mr Katanga for the enforcement of their sentences of imprisonment and providing a framework to govern such enforcement…