JARED NYATAYA | NATION International Criminal Court investigators on a stop-over in Eldoret Town on October 19, 2010, after visiting areas affected by the post-election violence.
By OLIVER MATHENGE (omathenge@ke.nationmedia.com)
Posted Thursday, March 10 2011 at 17:37
Posted Thursday, March 10 2011 at 17:37
The six Kenyan post-election violence suspects will wait until August or later for the process of confirming their charges to begin, the International Criminal Court says.
In a television series launched on Thursday, the court said that it will take four to seven months after the six’s initial appearance on April 7, for the process to start. They will thereafter receive the evidence that Prosecutor Luis Moreno-Ocampo intends to rely on in the hearing. (READ: Ocampo Six ordered to appear at The Hague)
In a television series launched on Thursday, the court said that it will take four to seven months after the six’s initial appearance on April 7, for the process to start. They will thereafter receive the evidence that Prosecutor Luis Moreno-Ocampo intends to rely on in the hearing. (READ: Ocampo Six ordered to appear at The Hague)
The ICC officials also said that the document on the charges against the six will be presented to the judges 30 days before the hearings can begin.
“After the initial appearance that shall take place on April 7, we start the process leading to the confirmation of charges. This process may take several months. I would say from four to seven months but may be more depending on the complexity of the cases or the challenges which can bring different teams,” said Mr Gilbert Bitti, Senior Legal Officer, Pre-Trial Division.
He added that the initial appearance on April 7 will be followed with the “Process of Disclosure” where the prosecutor will have to give the defence teams the evidence he has collected and wants to rely on for the confirmation of charges.
Evidence
According to Mr Bitti, the six suspects will be allowed to give evidence and call witnesses during the confirmation of charges hearings which could last between one and seven weeks. The prosecutor, he added, will be required to give evidence that will ensure there are “substantial grounds to believe” that the suspects actually committed the crimes.
“The confirmation of charges is the last stage before the trial. If the charges are confirmed, those persons will be sent to trial before a different chamber composed of three different judges,” said Mr Bitti.
Another ICC official, Mr Mohamed El Zeidy, added that like in the case of Jean-Pierre Bemba in 2009, the judges may adjourn the hearing and ask the prosecutor to reconsider the mode of his charges.
Ms Eleni Chaitidou, a Pre-Trial Division Legal Officer, said that the proceedings would not lead the judges in deciding on the innocence or guilt of the six. The decision of the judges, she said, will be whether or not the prosecutor has assembled enough evidence to support the charges which he is going to present against those suspects.
“The judges will decide on whether it is okay to go to trial. The judges will have a filter function where they will filter the good cases from the bad cases,” said Ms Chaitidou.
The ICC officials also said that the six suspects will be free to return to Kenya on April 7 after the charges have been read out to them. Mr Bitti said that judges will on the same day announce the first day of the confirmation of charges hearing and this is when they will be required to go back to The Hague.
Not Accused
The official also said that the six are “technically not accused” as they will only be if the charges against them are confirmed. However, he added that they have all the rights of the accused including having defence lawyers and right to have enough time to prepare their defence.
“The six persons are for now not indicted for the very simple reason that indictment does not exist in the system and procedures of the Rome Statutes,” said Mr Bitti.
He added that the government was free to challenge the admissibility of the cases since the six suspects had been summoned.
“However, this challenge must be based on actual national proceedings and prosecutions of the same persons on the same cases. You can challenge the admissibility of cases based on future proceedings before a court yet to be established,” said Mr Bitti.
The Kenyan TV series, known as ‘Ask the Court’, was launched by the Outreach Unit of the ICC.
The court will use the series on TV and radio to answer the most frequently asked questions raised by the Kenyans on the Court’s mandate and its work. The TV series has been designed to foster interaction between the Court and the national population, in particular with those most affected by the post-election violence.
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