International Criminal Court Prosecutor Luis Moreno-Ocampo. The Ocampo Six have asked the Pre-Trial Chamber to reject an application by the International Criminal Court chief prosecutor for new conditions against them.
By JILLO KADIDA jkadida@ke.nationmedia.com AND OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Monday, April 18 2011 at 22:00
Posted Monday, April 18 2011 at 22:00
In Summary
- They say new conditions being sought by ICC prosecutor Ocampo are ‘unnecessary and inappropriate’
The Ocampo Six have asked the Pre-Trial Chamber to reject an application by the International Criminal Court chief prosecutor for new conditions against them.
Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Postmaster-General Hussein Ali have cited seven grounds to fight off Mr Luis Moreno-Ocampo’s application.
Tinderet MP Henry Kosgey argues that the conditions sought are “unnecessary and inappropriate” since he has already cooperated with the court as had been required.
Lawyer Katwa Kigen, responding on behalf of radio presenter Joshua Sang and Eldoret North MP William Ruto, argued that conditions requested by the prosecution violated the rights of the defendants, in a manner which is “unnecessary and disproportionate”.
Mr Kenyatta, Maj-Gen Ali and Mr Muthaura said the plea to have them deposit bond was unreasonable and should not be allowed because there was no risk of them absconding.
“The prosecutor has not argued that the suspects are flight risk. Accordingly, the prosecutor has failed to establish any justification as to why suspects be required to post bond,” said the three in their response filed at The Hague.
According to the defence team, the earlier conditions imposed by the ICC had not been breached to warrant imposing new and tougher conditions.
In his request, the prosecutor had sought to have the three compelled to appear in person before the Chamber at least once every six months.
The suspects have to certify before the Chamber, under oath, that they have complied in full with all the conditions.
Mr Muthaura, Mr Kenyatta and Maj-Gen Ali should also submit complete financial information.
The financial information, given under oath, is to enable the Chamber to determine the appropriate bond and to ensure its enforceability; and that the suspect can then post bond or provide real or personal security or surety in an amount sufficient to guarantee his future appearance at all required hearings of the court.
In addition, they are not to make any public statements that contain or can be construed as containing “an open or veiled threat to actual or prospective witnesses or victims”.
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