The International Criminal Court (ICC) has withdrawn charges against Maxime Mokom, a former militia leader from the Central African Republic (CAR) as there were no prospects of conviction, the prosecutor's office said on Thursday.
Mokom, a former national coordinator of anti-balaka militias, was facing 20 charges of war crimes and crimes against humanity over alleged atrocities committed against Muslim civilians in the CAR in 2013 and 2014.
On Thursday, ICC prosecutor Karim Khan dropped all charges against him.
"Having considered the totality of the evidence in the Mokom case and in light of changed circumstances regarding the availability of witnesses, there are no longer any reasonable prospects of conviction at trial even if the charges were confirmed," Khan said.
Mokom was released from custody on Tuesday, the ICC said later in a statement.
At a hearing in August, Mokom denied involvement in the attacks on Muslim civilians, telling ICC judges he was “dedicated to the search for peace”.
He said he was a refugee stuck in the neighbouring Democratic Republic of Congo for most of the period referenced in the charges.
CAR has been mired in violence since a coalition of mostly northern and predominantly Muslim rebels known as Seleka, or "Alliance" in the Sango language, seized power in March 2013 after ousting president Francois Bozize.
Their dominance gave rise to the opposing anti-balaka Christian militias.
Victims battle on
Prosecutor Khan said his office reserved the right to request a new arrest warrant if more evidence came to light and addressed those affected by the atrocities in the country.
"I am very conscious that this news may be unwelcome to many survivors and their families," he said. "I hope many will understand my legal and ethical responsibilities to be guided by the law and the evidence."
A lawyer representing the victims described the decision as a "betrayal" and said her clients were "sad and immensely disappointed".
In Bangui, victims of anti-balaka violence struggled to digest the news of Mokom's release.
"The idea Mokom will be freed is painful, we are victims and must battle through to the end for equal justice and zero impunity," said Nanette Epheasie, raped by anti-balaka militia in 2013.
Etienne Oumba, tortured by anti-balaka militia in 2013, denounced the ICC.
"The ICC has shown its incompetence in judging those who mistreated us, it's traumatising," he told RFI. "I ask the court of appeal or Special Criminal Court (CPS) to take over. Our torturers must be judged and sentenced."
Appeal planned
Lawyers said victims would appeal the ICC decision in the coming days.
Authorities in the Netherlands, where the ICC is based, generally refuse to keep people investigated by the ICC on their soil.
Mokom will likely remain there while waiting for another state to agree to take him, according to RFI's correspondent in The Hague.
Last month, a court in the CAR capital Bangui found him guilty of breach of state security and sentenced him to hard labour for life.
The ICC has been investigating the violence in CAR since May 2014. There are two ongoing trials before the court involving two other anti-balaka leaders and one Seleka leader.
(with newswires)
