ICC-02/05-166 09-12-2008 1/4 CB PTICC-02/05-02/09-23 22-06-2009 1/4 CB PTPursuant to Pre-Trial Chamber I's instructions dated 22/06/2009, this document is transferred from the record of the situation in Darfur, the Sudan into the record of the case The Prosecutor v. Bahar Idriss Abu Garda

Cour Penale f/ 1\17\ ~ _In_t_e_r_n_a_t_io_n_a __ le--------------~~~--------------------------International Criminal Court

Original : English

Before:

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PRE-TRIAL CHAMBER I

No.: ICC-02/05 Date: 9 December 2008

Judge Akua Kuenyehia, Presiding Judge Judge Anita Usacka Judge Sylvia Steiner

SITUATION IN DARFUR, SUDAN

Public Decision with Confidential and Ex Parte Annex

Decision Requesting Additional Information and Supporting Materials

No ICC-02/05 l/4 9 December 2008

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ICC-02/05-166 09-12-2008 2/4 CB PTICC-02/05-02/09-23 22-06-2009 2/4 CB PTPursuant to Pre-Trial Chamber I's instructions dated 22/06/2009, this document is transferred from the record of the situation in Darfur, the Sudan into the record of the case The Prosecutor v. Bahar Idriss Abu Garda

Decision to be notified in accordance with regulation 31 of the Regulations of the Court to:

The Office of the Prosecutor Mr Luis Moreno-Ocampo, Prosecutor Mr Essa Faal, Senior Trial Lawyer

Legal Representatives of the Victims

Unrepresented Victims

The Office of Public Counsel for Victims

States Representatives

REGISTRY

Registrar Ms Silvana Arbia

Victims and Witnesses Unit

Victims Participation and Reparations Section

No ICC-02/05

Counsel for the Defence

Legal Representatives of the Applicants

Unrepresented Applicants for Participation/Reparation

The Office of Public Counsel for the Defence

Amicus Curiae

Defence Support Section

Detention Section

Other

2/4 9 December 2008

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ICC-02/05-166 09-12-2008 3/4 CB PTICC-02/05-02/09-23 22-06-2009 3/4 CB PTPursuant to Pre-Trial Chamber I's instructions dated 22/06/2009, this document is transferred from the record of the situation in Darfur, the Sudan into the record of the case The Prosecutor v. Bahar Idriss Abu Garda

PRE-TRIAL CHAMBER I of the International Criminal Court (the "Chamber" and

"Court", respectively);

NOTING the "Prosecution's Application under article 58"1 ("the Prosecution's

Application") filed by the Prosecution on 20 November 2008;

NOTING article 58(1) of the Rome Statute ("the Statute") and regulation 28 of the

Regulations of the Court ("the Regulations");

CONSIDERING that pursuant to article 58(1) of the Statute, the issuance of a

warrant of arrest is subject to the Pre-Trial Chamber being satisfied that there are

reasonable grounds to believe that the person has committed a crime falling within

the jurisdiction of the Court;

CONSIDERING that regulation 28 of the Regulations permits the Chamber to

"order the participants to clarify or to provide additional details" or to "address

specific issues" within a time limit specified by the Chamber;

CONSIDERING that the Chamber finds it necessary to receive additional

information and supporting materials from the Prosecution in relation to the

Prosecution's Application;

1 ICC-02/05-163-Conf-Exp. The Prosecution also filed a public summary ofthe Prosecution's Application under Article 58: ICC-02/05-162.

No ICC-02/05 3/4 9 December 2008

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ICC-02/05-166 09-12-2008 4/4 CB PTICC-02/05-02/09-23 22-06-2009 4/4 CB PTPursuant to Pre-Trial Chamber I's instructions dated 22/06/2009, this document is transferred from the record of the situation in Darfur, the Sudan into the record of the case The Prosecutor v. Bahar Idriss Abu Garda

FOR THESE REASONS

DECIDES to give the Prosecution until Monday 26 January 2009 at 16.00 hours to

provide the Chamber with the additional information and supporting materials

requested in the confidential ex parte Annex I to the present decision.

Done in both English and French, the English version being authoritative.

Dated this Tuesday 9 December 2008

At The Hague

The Netherlands

No ICC-02/05

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4/4 9 December 2008

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