Thursday, April 21, 2011

Ocampo bid to impose conditions on suspects fails

International Criminal Court Prosecutor Luis Moreno Ocampo during a news conference at the Serena Hotel, Nairobi May 8, 2010. “For its efforts to build a pluralist society from an internally fractured ethnic society, ethnic passions run far deeper in Kenya than anywhere else.” Photo/STEPHEN MUDIARI
International Criminal Court Prosecutor Luis Moreno Ocampo has lost his bid to have new conditions imposed on the six post-election violence suspects April 21, 2011. FILE
By OLIVER MATHENGE, omathenge@ke.nationmedia.com
Posted  Thursday, April 21 2011 at 14:29

International Criminal Court Prosecutor Luis Moreno-Ocampo has lost his bid to have new conditions imposed on the six post-election violence suspects.
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Acting as Single Judge, Eketarina Trendafilova said that the Prosecutor has failed to offer any sufficient grounds to justify the new conditions. She added that from the application, the Prosecutor appeared to have had new evidence collected between March 8 and April 6 but had failed to demonstrate this.
“The Single Judge observes that the Prosecutor has failed to identify in his Request any change of circumstances occurred in the abovementioned period of time that would lead him to seek before the Chamber an amendment of the conditions imposed on March 8, 2011,” the judge ruled.
She added that two of the additional conditions had already been denied when the Pre-Trial Chamber 11 decided to issue summonses to appear for the Ocampo Six.
The tough conditions Mr Moreno-Ocampo sought were that the suspects provide the Chamber with all residential and home addresses, email addresses, and telephone numbers and that they post bond in a sum to be determined by the Chamber.
He also sought that the suspects provide complete financial information about their finances, to appear in person at the seat of the Court at least once every six months and to refrain from making any public statements or comments about the case, the charges, the investigation, or the evidence.
“The Prosecutor’s Request should be supported by proper grounds, showing the change of circumstances that would justify the adoption of any additional measure, in particular when one or more of these measures had already been rejected under the circumstances in force at the time of the previous ruling of the Chamber,” the judge said.
The Ocampo Six, MPs William Ruto, Henry Kosgey and radio presenter Joshua arap Sang, Finance minister Uhuru Kenyatta, Civil Service head Francis Muthaura and Postmaster General Hussein Ali made their initial appearance at The Hague on April 7 and 8 respectively.

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