The prosecution has filed a confidential appeal brief in the case against Mathieu Ngudjolo Chui, being tried for war crimes and crimes against humanity before the International Criminal Court (ICC). The prosecution had charged Ngudjolo with seven counts of war crimes and three counts of crimes against humanity allegedly committed during an attack on the village of Bogoro in eastern Democratic Republic of the Congo on February 24, 2003. On December 18, 2012, Trial Chamber II of the ICC acquitted Mathieu Ngudjolo of all charges. The prosecution appealed this decision in its recent confidential filing.

The prosecution has indicated that it will also file a public, redacted version that protects the identity of those mentioned in the brief. The defense of Ngudjolo has requested that the brief be translated into French. The defense of Germain Katanga, whose case before the ICC was previously joined with Ngudjolo’s, has also requested a copy of the brief. Katanga faces similar charges before the ICC but his case was severed from Ngudjolo’s pending possible changes to the charges.

Meanwhile, Ngudjolo has been detained by the Netherlands on an apparent immigration infraction. After his acquittal, the ICC ordered his immediate release. Upon his release, he was taken into custody by Dutch immigration officials because he does not have a valid residence permit allowing him to remain in the Netherlands. He has claimed asylum in the Netherlands and has requested assistance from the ICC  in securing his release from detention by the Dutch and ensuring his protection.