www.standardmedia.co.ke/InsidePage.php?id=2000020535&cid=4&ICC turns spotlight on political alliance
Updated 1 hr(s) 6 min(s) ago
By Ben Agina
By Ben Agina
The International Criminal Court (ICC) is keenly following political developments in Kenya, and the possible alliance of two potential presidential candidates in 2012.
Legal experts at the ICC compiling evidence on the 2007 post-election violence in Kenya, spoke to Kenyan journalists in Amsterdam and expressed keen interest in the two politicians and the support they command in the two most populous communities in the provinces.
“We are conscious of the political situation in Kenya in view of the impending indictions that will most probably take place before the end of the year,” said a senior officer handling the case.
They were, however, quick to clarify that each case will be handled individually, and not on the basis of political relations between suspects in the past, now or in future.
It was, however, clear that they understand well enough the political implications of the case, and are eager to gather as my much knowledge as possible to help them during the trial.
Apart from the individual clout of the two politicians, the ICC team also asked questions about the numerical strength of the communities they hail from.
Possibilities of the two communities working together politically in the absence of the leaders was also raised by the inquisitive legal experts.
Much of the violence and displacement of people occurred in the Rift Valley, including the worst atrocities.
A team of ICC investigators currently in the country last week visited Naivasha and Nakuru, areas where serious atrocities at the peak of the violence were widely reported.
They are expected to meet regional police bosses and provincial commissioners who attended security meetings and oversaw security operations in parts of Rift Valley, Western, Nyanza and Central provinces that were volatile.
Early this year, ICC Prosecutor Luis Moreno Ocampo visited the country and assured Kenyans that only politicians with the highest responsibility will appear at The Hague for trial.
The ICC has also officially confirmed that witnesses of post elections violence have been flown out of Kenya to secret locations around the world.
The witnesses, whose number, was not given to The Standard, are highly guarded and information about them is confidential.
According to prosecutors at The Hague, the witnesses were picked and flown out of the country, based on the relevance of their testimony, their reliability and credibility of their evidence.
Suspects will only know the identity of their accusers or the voices of the witnesses when they will be presented before the pre-trial chamber 11 judges handling the Kenyan case.
“The ones we have they have been very well protected, because it is very dangerous to expose them to the suspects or their supporters,” said one legal officer.
The Court will not reveal the identity of the witnesses to the press and public, by holding part of the proceedings in closed sessions, or alternatively using electronic or other special means to conceal evidence in the courtroom.
The Standard was given a first-hand experience by attending the proceedings of a case involving genocide in the Democratic Republic of Congo, where an individual being prosecuted was part of the militia that attacked a civilian population.
The journalists and others in the courtroom could not visually see the witness, nor could we hear his authentic voice, because it was electronically disguised to hide his identity.
Those in court included the suspect, judges, defence lawyers and the victims who had been flown from Africa to testify against the accused.
Witnesses who give false testimony risk being sanctioned by an imprisonment term not exceeding five years or by imposing a fine.
The ICC has enlisted 10 lawyers to be part of the Victim/Defence Counsel Support section while Kenyan lawyers will also be part of another 342 lawyers enlisted by the ICC Counsel.
They will assist victims and accused persons who do not have sufficient funds to go on with their cases and funds will also be available to support lawyers defense lawyers.
Lawyers to be hired must possess 1O years experience in criminal law and be fluent in at least one of the working languages of the court (English or French).
The ICC Registry will help the victims to find a legal representative by providing a list of the qualified lawyers.
There is also an office of the Office of the Public Counsel for Victims (OPCV), which can represent victims and provide them and their legal representative with legal assistance.
Victims will not necessarily have to travel to The Hague if they do not wish to do so because legal representatives will present their views and concerns to the court.
According to the ICC, victims are individuals who have suffered harm as a result of the commission of any a crime within its jurisdiction.
However, judges of the ICC determine the types of harm to be taken into account, such as bodily harm, psychological or material harm, which consist of loss of or damages to goods or property.
The Standard was informed that the Court has already received 409 victim presentations either individually or through groups.
Reports from sources privy to ICC activities told the Standard the ICC has credible witnesses who will stand before the jury when that time comes.
“We so far have a watertight case, but are trying to piece together more evidence before we present our case to the pre trial judges before the end of the year,” said one of the sources that cannot be named because they are not authorised to speak to the media.
However, The Standard was informed that there although the ICC has witnesses they they feel are credible, its the role of the Government to take care of those who think can help the country and pinning down those who were involved in the crimes but at a lower level.
“Talk that ICC was flying out individuals now and then does not arise. We already have our own witnesses under our protection. The government should be able to put the rest under the local Witness Protection mechanisms,” said the source
However, sources confirmed that onongoing investigations and analysis of evidence could show that crime against humanity in Kenya was also organised by the state.
Last week Ocampo emphasised that he is not solely relying on the Waki and Kenya National Human Right Commission (KNHRC) report titled “On the Brink of Precipice.”
He warned that names in the Waki envelope are not important, because they are concentrating on the evidence received as investigation continues.
Ocampo reiterated that he is at the moment looking at cases involving two to three individuals bearing the most incriminating cases.
He will present his case against the three individuals to the Pre-Trial Chamber before the end of the year and thereafter issue warrants of arrest to those who fail to appear before the court.
