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Opening of the confirmation of charges hearing in the Said case

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Opening of the confirmation of charges hearing in the Said case

The judges will successively hear the pleadings of the Prosecutor, the Legal Representative of the victims and the Defense

THE HAGUE, The Netherlands, October 12, 2021 / APO Group / –

Today, 12 October 2021, the confirmation of charges hearing in the case of The Prosecutor v. Mahamat Said Abdel Kani opened before Pre-Trial Chamber II of the International Criminal Court (ICC) (www.ICC-cpi.int), composed of Judge Rosario Salvatore Aitala (President), Judge Antoine Kesia-Mbe Mindua and Judge Tomoko Akane.

The hearing is scheduled (https://bit.ly/3oWJAM6) until October 14, 2021. The judges will successively hear the pleadings of the Prosecutor, the Legal Representative of the victims and the Defense.

The confirmation of charges hearing is not a trial. The purpose of the confirmation of charges hearing is for judges to determine whether there is sufficient evidence to establish substantial grounds to believe that the person has committed each of the crimes charged. If the charges are confirmed, in whole or in part, the case will be transferred to a Trial Chamber, which will conduct the next phase of the proceedings: the trial.

In accordance with regulation 53 of the Rules of Court, the Pre-Trial Chamber renders its written decision within 60 days of the date on which the confirmation of charges hearing ends. The Pre-Trial Chamber can then:

confirm the charges for which the Chamber has determined that there is sufficient evidence and refer the suspect to a Trial Chamber; refuse to confirm the charges for which he has determined that there is insufficient evidence and stay the proceedings against Mr. Said; adjourn the hearing and request the Prosecutor to provide additional evidence, conduct further investigations or modify any charges for which the evidence presented appears to establish that a crime other than the one charged has been committed.

The Defense and the Prosecution cannot appeal this decision directly, but they can ask the Pre-Trial Chamber for leave to appeal.

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