Mr Luis Moreno-Ocampo, the International Criminal Court prosecutor.
By SAMWEL KUMBAPosted Friday, November 26 2010 at 16:27
Britain has donated Sh25.2 million to the International Criminal Court to assist it relocate post election violence witnesses facing risk in Kenya.
The signing of the agreement between the special court and Britain took place at The Hague Friday.
"This generous contribution by the United Kingdom is earmarked for relocations of persons at risk in Kenya, where on 31 March, 2010 Pre-Trial Chamber II granted the Prosecution authorisation to open an investigation proprio motu," said the statement posted on the ICC's website.
The Hague-based court said the move was an "important gesture towards the victims and witnesses of post-election violence in Kenya, and towards international justice and the common fight against impunity".
The special fund on relocations comes at a time when some witnesses have claimed to have been coached to give incriminating evidence against Eldoret North MP William Ruto to the ICC chief prosecutor Luis Moreno Ocampo.
Already, three "witnesses" are on record saying they lied to the Kenya National Commission on Human Rights and the Waki Commission when they appeared before the two.
However, Mr Moreno-Ocampo has said he will not use their "evidence" to support the cases against six individuals he is due to file in December.
UK and the ICC agreed that the "court’s witness protection programme should help encourage witnesses to be more confident in contributing to the investigation, assisting the goal of accountability that the victims and others have been campaigning for".
“We remain concerned about continuing reports of witness intimidation and official interference. Those who attempt to subvert the search for justice should be aware that they also could find themselves accountable for their actions in The Hague,” the ICC statement read in part.
The deal was sealed with the signature of the Ambassador of the United Kingdom of Great Britain and Northern Ireland to the Kingdom of the Netherlands, Paul Arkwright, and the Registrar of the Court, Ms Silvana Arbia.
"Although earmarking remains the exception, as the Court has the vocation to protect all victims and witnesses in all situations over which it has jurisdiction,” the statement further stated.
Earlier, the government reassured of its cooperation with the ICC ahead of an agreement that security chiefs record statements in two week’s time.
Internal Security minister George Saitoti and his Lands counterpart James Orengo told the media at Harambee House that the government will continue to facilitate the ICC process.
“This is evident following the fact that we have approved the request to have the provincial commissioners and provincial police officers to be interviewed by the ICC,” said Prof Saitoti.
Mr Orengo said that despite the fact that the Mr Moreno-Ocampo has promised to file cases by December 15, the government has facilitated that he gets statements from security chiefs before then.
“We are not aware about the nature of Moreno-Ocampo’s investigations and how the statements will help him in the cases he is going to file. We also do not wish to interfere with his work,” said Mr Orengo.
Prof Saitoti, who together with Mr Orengo are members of a Cabinet sub-committee established to coordinate all ICC matters in April this year, said enactment of the International Crimes Act 2008 is also a sign of cooperation.
Other members are: ministers Mutula Kilonzo, Otieno Kajwang, Amason Kingi and Attorney General Amos Wako.
Other steps that Prof Saitoti said go a long way to facilitate the ICC work in investigating and possibly prosecuting suspects in Kenya’s post election violence include submitting to the ICC all the documents, reports and minutes requested for.
"We have also executed and gazetted the exchange of letters regarding the ICC legal status and the privileges and immunities of ICC staff in Kenya,” said Prof Saitoti, who chairs the subcommittee.
Mr Moreno-Ocampo is rushing against time if he is to fulfill his promise to file a case against Kenyans suspects before the court breaks this winter.
According to its schedule, the special court will be out of session from December 17 to January 4, 2011.
The purpose of the special fund is to assist States Parties that are willing to host witnesses at risk but are not in a position to finance such support, and aims at fostering regional solutions for the relocation of witnesses at risk, thereby reducing the impact of relocations on their life.
Using such arrangements, the court also seeks to galvanise cooperation partners into strengthening national capacity to protect witnesses in such regional states.
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