13 January 2014
On behalf of the victims in this case, the Legal Representative of Victims (“LRV”) respectfully supports (a) the application of the Prosecution for an adjournment of the provisional trial date (“Application”) for three months in order to “complete efforts to obtain additional evidence”;
and (b) the Prosecution’s request for a status conference in the week beginning 27 January 2014 to address the matters raised in the Application.
II. Procedural background
On 19 December 2013, the Prosecution filed the Application. It was notified to the parties and to the LRV on 20 December 2013.
The LRV submits this response as a confidential document in accordance with Regulation 23
of the Regulations of the Court, as it contains references to confidential information. A public redacted version is to be filed concurrently.
Subject matter is directly linked to the victims’ interests
The Trial Chamber has ruled: “[I]n accordance with Regulation 24(2) of the Regulations, the Chamber finds that the Common Legal Representative may file responses to documents but must first demonstrate that the subject matter at issue is directly related to the interests of victims.”
An adjournment would delay the realization of the victims’ right to know the truth of the crimes committed against them; to have those responsible for those crimes held accountable; and to receive just reparation for the harm they have suffered.
ICC-01/09-02/11-875, 20 December 2013.
On the other hand, given that there is no realistic
., para. 4.
ICC-01/09-02/11-498, 3 October 2012, para. 71.
ICC-01/04-01/06-1119, 18 January 2008, para. 98; ICC-01/04-01/07-474, 13 May 2008, para. 32; ICC-01/04-503 OA4 OA5 OA6, 30 June 2008, para. 97. At the recent Assembly of States Parties in The Hague, many delegations reaffirmed their support for victim participation. At the United Nations Security Council (UNSC) debate on whether to defer the Kenya cases, the representative for Argentina said: “[W]e understand that all victims have the right not to be forgotten or treated with indifference, including those in Kenya in 2007. They all deserve justice, truth, reparations and a guarantee that what happened will not happen again.” United
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