"It is necessary to free Jean-Pierre Bemba," his lawyer Aime Kilolo argued in a special hearing before the International Criminal Court to determine whether his client should remain in detention in The Hague.
On June 15, the court ruled that Bemba will stand trial on three charges of war crimes and two counts of crimes against humanity for atrocities allegedly committed in the Central African Republic from October 2002 to March 2003.
He would stand trial in his capacity as military commander for acts of murder, rape and pillaging allegedly committed by members of his Movement for the Liberation of Congo (MLC), and not as a co-perpetrator.
The prosecution has appealed that decision, and no trial date has been set.
Kilolo argued that Bemba's detention was no longer required since the charge sheet had been "significantly reduced".
"We are no longer faced by a criminal (suspected of having) personally committed atrocities."
Bemba, 46, was arrested on an ICC warrant during a visit to Brussels in May 2008.
After a years-long civil war in the Democratic Republic of Congo, he became one of four vice-presidents in a transitional government ahead of landmark 2006 elections in which he unsuccessfully challenged Joseph Kabila for the presidency.
He then led the opposition, but was forced into exile when government forces tried to disarm his private militia in clashes that killed 300 in March 2007.
Prosecutors claim Bemba sent 1,000 to 1,500 troops to the Central African Republic to retain control of an area on the Congolese border in a war between his MLC and then DR Congo leader Laurent Kabila, father of the current president.
If freed, Bemba wished to go to Belgium, Portugal or France, countries where he had family members or property, said Kilolo, dismissing the substantial flight risk alleged by the prosecution.
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