Jean Pierre Bemba

Background

Bemba was born in Bokada, Nord-Ubangi. His father, Jeannot Bemba Saolona, was a businessman who was successful under Zairian President Mobutu Sese Seko, and one of his sisters is married to Mobutu's son Nzanga, who was also a candidate in the 2006 presidential election.

The MLC in Équateur

The MLC movement started in the Orientale Province of the DRC in 1998. Little by little, the movement moved into the Équateur province, and established a permanent base in Gbadolite.

This region had been decimated by war and the population was living in great poverty. Équateur was under an embargo: healthcare programs, education, and any kind of social assistance had been abandoned. The population was under constant threat of bombing by government forces, and had stopped producing goods or food.

When the MLC troops arrived in Gbadolite, they secured the area and protected the population. Health centres and hospitals re-opened with the MLC securing safe passage for medicine and other supplies. The MLC worked with NGOs and the UN to reopen schools, restart agriculture, economic activity and exportations of goods. The population was able to sell coffee, corn and soya and build businesses.

Involvement in the Central African Republic

In 2002, President Ange-Félix Patassé of the Central African Republic invited the MLC to come to his country and put down a coup attempt. Human rights activists accused MLC fighters of committing atrocities against civilians in the course of this conflict.

Presidential election

Bemba was one of 33 candidates who ran in the Congolese presidential election on 30 July 2006. His main campaign slogan — "One Hundred Percent Congolese" — was widely perceived as an attack on frontrunner President Joseph Kabila.

Bemba received substantial support in the western, Lingala-speaking portion of the country, including the capital, Kinshasa. Following the vote there was significant tension as to whether the results would give Kabila a majority of the vote, in which case there would not be a second round against Bemba, who was perceived as Kabila's main opponent. However, according to results announced on 20 August, Kabila won 44% of the vote and Bemba won 20%, On 21 August 2006, while he is accompanied by 14 ambassadors of CIAT members (International Committee in charge of the Transition), including ambassadors from the United States of America, Britain, France (Bernard Prévost) and Belgium (Johan Swinnen), and from MONUC, US diplomat William Swing, Jean-Pierre Bemba survived an assassination attempt by the Presidential Guard bombing his residence in Gombe. The ambassadors were forced to seek refuge in a cellar. Kabila and Bemba faced each other in a second round, held on October 29. The electoral commission announced the official results on November 15, naming Kabila the winner with 58.05% of the vote; Bemba's supporters have alleged fraud.

On November 27, 2006, the Supreme Court of the DRC rejected the fraud charges brought by Bemba, and confirmed Kabila as the new elected Congolese President. A day later, Bemba said that he disagreed with the court's decision, but that "in the greater national interest and to preserve peace and to save the country from chaos and violence", he would participate in the system by leading the political opposition. He did not attend Kabila's swearing-in ceremony on December 6. On December 8, the MLC announced that Bemba would run for a Senate seat from Kinshasa in the January 2007 senatorial election, and he succeeded in winning a seat.

March 2007 violence

A further attempt on Bemba's life in March 2007 led to an outbreak of fighting near Bemba's residence. A number of people, including both soldiers and civilians, were reported killed. Bemba called for a ceasefire and negotiations and took refuge in the South African embassy. As fighting continued on March 23, it was announced that a warrant for Bemba's arrest had been issued, accusing him of high treason. Although Bemba enjoyed immunity as a senator, the country's chief prosecutor said that he would ask parliament to remove it.

On March 26, Kabila said that security could not be guaranteed through negotiation and referred to the importance of restoring order. Bemba warned of a potential for dictatorship and forshadowed his retreat into exile, citing security concerns.

Late in the month it was reported that Bemba planned to travel to Portugal for treatment of a broken leg; he had already received treatment for his leg there in previous months. The Portuguese ambassador subsequently said on March 30 that Bemba was expected to go to Portugal for treatment, but was not going into exile there. On April 9, the Senate approved the trip, for a period of 60 days. On April 11, Bemba left the South African embassy and was taken to the airport by U.N. MONUC forces, then flown out of the country to Portugal, along with his wife and children. On April 12, the attorney general, Tshimanga Mukeba, said that he had asked the Senate to remove Bemba's immunity.

Following the outbreak of violence in March, Bemba's party, the MLC, said that it was being targeted by the government through arrests and intimidation, and that its headquarters was occupied by government forces. On April 13, the party suspended its participation in the National Assembly due to this intimidation and insecurity.

In the first half of June, it was reported that, despite the expiration of the 60 days prescribed by the Senate, Bemba would not return to the DRC due to safety concerns. According to MLC executive secretary, Thomas Luhaka, Bemba was medically in a condition to return and take part in politics again, and Luhaka called for a political solution that would facilitate his return. Without the Senate's permission to be absent, he would be subject to the automatic loss of his seat if absent from over a quarter of Senate sessions, unless the absences were justified. On June 15, the Senate extended the period of Bemba's permitted absence until July 31, fulfilling a request from Bemba in a June 12 letter in which he asked for more time. In this letter he expressed a readiness to return and take part in politics, but also expressed concerns about his safety.

On July 13, Bemba met with Louis Michel, the European Commissioner for Development & Humanitarian Aid. According to Michel, Bemba "intends to give the presidential majority the benefit of the doubt" and would not do or say anything "that could be taken as an attempt at destabilisation". He did not return by the deadline on July 31, with a spokesman citing continued security concerns; the Senate was then in recess until September 15, and Senate President Kengo wa Dondo said that Bemba would not be penalized for being away during this period because the Senate was not in session. In a statement published on August 1, Bemba said that he wanted to return before September 15.

It was announced on September 7 that Bemba had met with National Assembly President Vital Kamerhe in Portugal to discuss his potential return. In November 2007, he visited Belgium and met with Belgian Foreign Minister Karel De Gucht on November 5.

In a March 2008 interview, Bemba said that he was in "forced exile" and that it seemed the government was moving towards a dictatorship.

Arrest and trial

In March 2003, Central African President Patassé was ousted, and the government that replaced him pressed charges against Patassé and Bemba in September 2004. International arrest warrants were issued, but because the new government was unable to have Bemba arrested, the matter was referred to the International Criminal Court (ICC). On May 22, 2007, ICC prosecutor Luis Moreno-Ocampo decided to open investigations into crimes committed in the Central African Republic.

On 23 May 2008, a Pre-Trial Chamber of the ICC found that there were reasonable grounds to believe that Bemba bore individual criminal responsibility for war crimes and crimes against humanity committed in the Central African Republic between 25 October 2002 and 15 March 2003, and issued a sealed warrant for his arrest. He was charged with five counts of war crimes (murder, rape, torture, pillaging, and outrages upon personal dignity) and three counts of crimes against humanity (murder, rape and torture).

On May 24, 2008, Bemba was arrested near Brussels. He was surrendered to the ICC on 3 July 2008 and transferred to its detention centre in the Hague. He was the only person arrested in connection with the ICC's investigation in the Central African Republic. The Supreme Court of the Central African Republic found that there were no basis to pursue cases against Bemba and former CAR President Ange-Félix Patassé.

The MLC denounced the arrest and requested that Parliament do likewise; it also asked that Parliament call on the Belgian government to respect Bemba's immunity as a Senator under Congolese law. MLC official Delly Sesanga accused ICC prosecutor Moreno-Ocampo of trying "to interfere with the internal businesses of Congo", describing such interference as "unacceptable"; Sesanga also said that, although the prosecution claimed Bemba was a flight risk, there had been no indication of that. More than 2,000 supporters of Bemba protested in Kinshasa on May 27, demanding that he be freed.

Bemba's defense argued that the legal procedures applied to Bemba's case were irregular, but on July 1 a Belgian court rejected this argument, making it possible to transfer Bemba to the ICC. Meanwhile, MLC official Fyfy Osambia argued that "the matter has been politicised" and that people "close to President Kabila" were responsible for the complaint against Bemba. He said that Bemba should be allowed to go before the ICC without being a prisoner.

Following the Belgian court's ruling, Bemba was transferred to the ICC in The Hague on July 3. In a hearing on July 4, Bemba made his first appearance at the ICC, and the beginning of a hearing dealing with confirmation of the charges against him was set for November 4.

On 15 June 2009, an ICC Pre-Trial Chamber confirmed some of the charges against Bemba and committed him to trial. However, the judges did not find that there was sufficient evidence to try him for torture and outrages upon personal dignity. On 8 July 2009, Bemba was granted a temporary release to attend his father's funeral in Brussels.

On 2 December 2009 the ICC ruled that Bemba was a flight risk and must remain in custody until his trial.

The trial of Bemba began on 22 November 2010.

On 21 March 2016, he was convicted on two counts of crimes against humanity and three counts of war crimes. This marked the first time the International Criminal Court (ICC) convicted someone of sexual violence.

On 21 June 2016, the ICC sentenced Bemba to 18 years in prison for war crimes and crimes against humanity committed by his Congolese Liberation Movement (MLC). Later in March 2017 he was sentenced to an extra year in prison and fined 300,000 euros ($324,000) by the ICC for interfering with witnesses in his trial.

On 28 September 2016, Mr. Bemba seized the ICC Appeals Chamber with an appeal against his 18-year conviction citing numerous procedural and legal errors in the Judgment, and alleging that the procedure had been a mistrial. On 4 May 2017, he also filed an appeal against his conviction for interfering with witnesses, setting out numerous factual and legal errors on the part of the Trial Chamber, and alleging illegal investigative activity by the ICC Office of the Prosecutor. The Appeal Judgement in both cases are pending.