Maxime Jeoffroy Eli Mokom Gawaka
The Hague: The International Criminal Court (ICC) judges today rejected the request for compensation for his “unlawful detention” made by Maxime Jeoffroy Eli Mokom Gawaka, a former minister of disarmament in the Central African Republic.
Mokom was suspected of war crimes and crimes against humanity allegedly committed in the Central African Republic from at least December 5, 2013, through at least the end of April 2014. On March 14, 2022, he was surrendered to the Court by the authorities of the Republic of Chad on account of an ICC warrant of arrest issued under seal on December 10, 2018. His first appearance before Pre-Trial Chamber II took place on March 22, 2022. The confirmation of charges hearing commenced on August 22, 2023. On October 17, 2023, following the Prosecution’s notice of withdrawal of the charges, ICC Pre-Trial Chamber II terminated the proceedings in this case and ordered his immediate release. Mokom was released from the ICC detention on the same day.
Today, the Chamber constituted to decide on the request for compensation presented by Mokom pursuant to article 85 of the Rome Statute of the ICC issued its decision rejecting the request.
The Chamber composed of Judge Miatta Maria Samba, Presiding Judge, Judge Keebong Paek and Judge Beti Hohler recalled that article 85(1) of the Statute provides that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation”. However, the Chamber highlighted that a period of lawful detention does not become unlawful simply because the person was ultimately not convicted. The Chamber also recalled that, according to article 85(3) of the Statute, the Court may award compensation in case of “a grave and manifest miscarriage of justice” which must be the reason for the termination of the proceedings.
The Chamber considered the following three central aspects of Mokom Gawaka’s claim:
- The Chamber was not convinced that the Prosecutor wrongfully prosecuted Mokom or that the withdrawal of the charges was based on a failure to properly evaluate the evidence in the case. The Chamber considered that there was no grave and manifest miscarriage of justice in this regard.
- The Chamber was not convinced by Mokom’s claim that he was subject to unlawful detention as a result of the Pre-Trial Chamber’s decision to reject interim release. The Chamber noted that Mokom did not seek release to a State obliged to receive him and no other State could be identified to accept him and enforce the conditions set by the Pre-Trial Chamber. The Chamber noted that Mokom represented a flight risk and the conditions to mitigate the risk were necessary.
- The Chamber ruled that Mokom was not unlawfully detained under article 85(1) of the Statute during his stay at a hotel for 43 days following the termination of the proceedings against him. The Chamber noted that Mokom stayed at the hotel while consultations were ongoing between the Registry and States Parties regarding where he would be transferred following the termination of the proceedings.
The ICC judges noted the specific situation of Mokom who opposed returning to the Central African Republic, his country of origin, on the basis that he was convicted in absentia and sentenced to life imprisonment with hard labour. The Chamber also noted that the Kingdom of the Netherlands, the ICC Host State, had no obligation to receive him onto its territory. The Chamber found that Mokom voluntarily remained at the hotel and therefore cannot be considered to have been ‘detained’ within the meaning of Article 85(1) of the Statute.
– global bihari bureau
