The Hague already has 800 cases on Kenya

By Beauttah Omanga

The International Criminal Court has begun investigating 800 cases linked to the 2008 post-election violence.

The court’s Registrar Silvana Arbia said the ICC had identified 396 cases, 76 applications by communities and 320 requests filed by individuals.

"We have received all those appeals of which we are laying ground for thorough investigation. In all cases, all rules of natural justice will apply to the letter," she said yesterday.

Describing the Kenyan case as unique, Ms Arbia said it is important for the international community to learn from the experience on the need to respect human rights and life.

She said as part of the investigation, sound protection measures would be put in place for witnesses.

"I am here to ensure all is well as we carry on with our investigation. I am around to ensure security of all our witnesses is guaranteed as well as of their families and friends," she said.

International Criminal Court Registrar Silvana Arbia

Speaking to journalists in Nairobi yesterday, Arbia said the ICC would consider paying legal fees for lawyers representing victims and witnesses.

"We will assess each case and if we will feel a certain suspect deserves a lawyer, then we will pay. We will also pay all travel expenses of suspects’ family members in case they decide to come to The Hague to visit their relatives whom the court might decide to hold," she said.

Arbia said some key witnesses were under the protection of the ICC where they will remain until the Kenyan case is completed.

Factual evidence

The registrar, who arrived here on Tuesday, said she would also use her stay to determine whether there is sufficient support from the relevant Government departments.

"We must be sure that our staff in the country will have free movement without any frustrations. So far, I have been assured of Government support and we are looking at other logistics," she added. She said she expected only factual evidence from witnesses. " It will be dangerous for anybody to give us misinformation," she said.

On the recent visit of Sudan President Omar al-Bashir, the ICC registrar said that was a matter for the UN Security Council to investigate and act upon.

The ICC is investigating post-election violence cases in which 1,300 people lost their lives, while another 350,000 were displaced.

What the ICC registry does

• Helps the court conduct fair, impartial and public trials

• Provides administrative and operational support to the chambers and the prosecutor

• Supports the registrar’s activities in relation to defence, victims, communication and security matters

• Develops mechanism for assisting victims, witnesses

• It is the court’s official channel of communication