Thursday, November 18, 2010

Ocampo locks out testimony by witnesses regarded as doubtful

By BEAUTTAH OMANGA
The International Criminal Court has disowned witnesses who claimed they had been coached to implicate Eldoret North MP William Ruto over post-election violence.
Chief Prosecutor Luis Moreno-Ocampo yesterday said the court would not take evidence from witnesses with shaky credibility.
"The Office of the Prosecutor would like to clarify that it is not relying on such testimonies. Before interviewing a witness, the Office conducts rigorous tests on his or her credibility," he said.
Ocampo was apparently referring to two witnesses who claimed they had been bribed by an official of the Kenya National Commission on Human Rights to give false testimonials against suspended Higher Education Minister William Ruto.
Ruto has accused KNCHR Commissioner Hassan Omar of coaching the witnesses to implicate him, but Omar has denied the allegations.
Implicate ruto
Two witnesses, William Kipkemboi Rono and Ken Braziz Wekesa, came out to withdraw statements they had given to Government agencies regarding the violence, claiming they were coached to implicate Ruto.
But in a video clip played to local journalists yesterday, Ocampo disowned the two witnesses, saying they never gave any evidence to his office.
"The persons did not provide testimony before the Office of the Prosecutor and they are not going to be presented as witnesses before judges," said Ocampo.
Ocampo’s office also issued an alert of attempts by some individuals to intimidate witnesses. "The Prosecutor’s office is also aware there are individuals who are trying to intimidate or bribe possible witnesses and has accordingly informed Kenyan authorities," read the statement.
Ocampo said he was in the final phase of preparing submissions to the judges before the end of the year, seeking orders to summon suspects or even have them arrested to face charges of crimes against humanity.
Meanwhile, a new report by the South Consulting, a research body mandated to monitor Kenya’s progress after the signing of the peace accord in 2008, has said human rights organisations and NGOs are protecting about 70 witnesses locally and outside the country.
The report also revealed that ICC was protecting its witnesses and did not depend on Government or other witness protection programmes.
Witness protection unit
The report, which, however, does not reveal the exact location of the shielded witnesses, expresses concern at the Government’s delay in setting up a credible witness protection unit.
"Because of this, some witnesses may have lost confidence and interest in witness protection. Some of those who left the country early are allegedly losing interest in the prosecution citing fatigue and lack of commitment to address PEV cases," states the report released yesterday.
It says allegations that witnesses have been compromised, coached or intimidated to tailor their testimony in a particular way presents a new threat to the quest for justice.
The survey further reveals that both victims and alleged perpetrators of the violence were in agreement that ICC needs to carry out own investigation without relying on reports by other actors.
"Some argue that reports compiled by human rights NGOs and the Commission of Inquiry into the Post Election Violence (Waki Commission) relied on ‘filtered evidence’," the report indicates.

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