Nairobi, Kenya - The International Criminal Court (ICC) Prosecutor, Luis Moreno-Ocampo, Friday warned politicians in the Democratic Republic of Congo (DRC) that acts of violence and impunity would lead to arrest as the country prepares for presidential elections. The Prosecutor said he was monitoring “with the utmost vigilance” the electoral process in the DRC, where investigations have been ongoing since June 2003.
“The use of violence will not be tolerated,” Moreno-Ocampo said, stressing “my office is gathering and carefully reviewing converging reports of both verbal and physical violence arising out of the electoral campaign for the presidential and parliamentary elections on 28 November.”

The Prosecutor urged parties involved in the electoral process not to resort to violence, warning that the ICC had jurisdiction to investigate and prosecute the perpetrators of serious crimes committed either in the DRC or by Congolese nationals since 1 July, 2002.

“We are keeping watch to ensure that the process does not lead to acts of violence or attacks against the civilian population,” the Prosecutor said.

“We are paying particular attention to reports of inciting hatred, exclusion and physical violence by various political figures in Kinshasa and across the entire country.”

The ICC Prosecutor’s warning came in the wake of reports of growing political tension following the declaration of an opposition politician that incumbent President Joseph Kabila had lost the legitimacy to govern.

Etienne Tshisekedi, President of the Union for Democracy and Social Progress (UDPS), made the comments on a television station that was shut shortly afterwards. The closure of the television station has also attracted criticisms ahead of the polls.

The statement drew the condemnation of the African Union Commission, which said it took particular interest in groups advocating against constitutionally-established institutions in DRC.

“Electoral violence can result in the commission of crimes falling within our jurisdiction. No one should doubt our resolve to prevent crimes or, if need be, prosecute individuals, as we are doing in Kenya and Côte d’Ivoire,” Moreno-Ocampo said. Meanwhile, the prosecutor reiterated that persons alleged to have committed serious crimes, such as Bosco Ntaganda, for whom the court has issued an arrest warrant, must be arrested and put on trial.   He said: “The electoral process should not feed a sense of impunity on the part of those responsible for such crimes. On the contrary, it should strengthen the rule of law and the fight against impunity.”

Congolese Minister of Justice Luzolo Bambi Lessa said Wednesday his ministry was in a position to document any crime within its jurisdiction and, in coordination with domestic courts, will take all necessary action to investigate such crimes. The ICC Prosecutor said he supported the minister’s sentiments. The ministry warned the Congolese opposition leader that the comments challenging the presidency were likely to be interpreted as treasonable.

Pana 12/11/2011