Global court to consider release of first suspect

By Emma Thomasson

AMSTERDAM (Reuters) - Judges at the International Criminal Court will consider on Tuesday releasing their first suspect after they suspended his trial over access to evidence in a blow for the world's first permanent war crimes tribunal.

The trial of Congolese militia leader Thomas Lubanga, handed over to the court in 2006, had been due to start on Monday but judges halted proceedings last week, saying prosecutors' failure to disclose confidential evidence could prevent a fair trial.

Lubanga is accused of enlisting and conscripting children under the age of 15 in Congo's eastern Ituri district.

The court in The Hague will hold a public hearing starting at 2 p.m. (8:00 a.m. EDT) on Tuesday to consider his release, but is not expected to rule the same day. The court said judges would issue a written decision in due course.

ICC prosecutor Luis Moreno-Ocampo has said he is confident Lubanga will still face trial, but experts said potential appeals could hold up proceedings for months, just as the court set up in 2002 had been beginning to gain some momentum.

"The ... decision has caused significant confusion and disappointment among affected communities in the Ituri district of northeastern Congo, who were anxiously expecting the beginning of Lubanga's trial," Human Rights Watch said.

"At the same time, however, Thomas Lubanga's right to a fair trial cannot be compromised."

The judges decided to suspend the Lubanga trial because the prosecution could not share U.N. documents with the defense that could help their case because they were provided on the condition of confidentiality to protect sources in war zones.