[ 2013-09-10 ]

Amnesty International urge Kenya to cooperate fully with ICC trials
The Kenyan authorities must cooperate fully with
the International Criminal Court (ICC) to ensure
justice is done for the victims of the 2007-8
post-election violence, Amnesty International said
today ahead of the opening in The Hague of the
trial of Deputy President William Ruto and
broadcaster Joshua arap Sang.

“The start of the ICC trial is an important
opportunity to end impunity for the serious crimes
committed in 2007/2008. Kenya must cooperate fully
with the ICC and support its work to ensure a fair
and effective process for the defendants, victims
and witnesses, and for the Kenyan people,” said
Netsanet Belay, Amnesty International’s Africa
programme director.

“Six years after post-election violence rocked
the country, it is high time to prioritize the
pursuit of justice for the hundreds and thousands
of people who lost their lives or homes.”

In 2009, the ICC Prosecutor stepped in to
investigate crimes committed during the
post-election violence, when the Court established
that Kenya had failed to show it was taking
adequate measures to investigate and prosecute the
crimes which killed more than 1,000 people and
displaced 600,000.

Although the Kenyan authorities have stated that
they will cooperate with the ICC, they have also
made determined attempts before the United Nations
Security Council, the African Union and most
recently Kenya’s Parliament to undermine and
derail the ICC’s work to pursue justice for
these crimes.

“The government’s recent efforts to politicize
the ICC trials are deplorable, and must not be
allowed to affect the commencement and future
proceedings of this landmark trial,” said
Netsanet Belay.

“The authorities should focus their energy on
ensuring justice, truth and reparation for the
victims of many other crimes that the ICC is not
able to deal with.”

Deputy-President William Ruto and broadcaster
Joshua arap Sang are accused of crimes against
humanity including murder, forcible population
transfer, and persecution.

They are appearing voluntarily before the ICC on
summons, and must continue to cooperate fully with
the proceedings, including attending the hearings
as instructed. Failure to attend hearings could
lead to the Court issuing arrest warrants which
would require their surrender and possible
detention in The Hague.

Risks relating to witnesses, including
intimidation and interference with obtaining their
testimony, have emerged as a significant challenge
to the ICC’s proceedings in Kenya. This
situation has already led to some witnesses
withdrawing from the ICC’s cases.

In the last three months, four witnesses have
withdrawn their cooperation from the trials –
some citing security concerns.

“It is an extremely difficult environment for
witnesses and victims who want to engage with the
ICC’s process. Any reports of witness
interference or intimidation should be duly
investigated by the ICC Prosecutor to determine
whether they amount to offences against the
administration of justice in the ICC Statute,”
said Netsanet Belay.

“The ICC has a responsibility to protect victims
and witnesses and Kenya has an obligation to
cooperate fully with its protection efforts and
any investigations it conducts into interference
or intimidation.”

Source - MyjoyOnline

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