Tuesday, August 2, 2011

Ocampo: "Ruto, Kosgey, Sang have a case to answer"



Written By:Glena Nyamwaya,    Posted: Tue, Aug 02, 2011
This latest evidence was made public just a month before the three return to The Hague for the confirmation of charges hearing on the 1st of September
The International Criminal Court (ICC) Chief Prosecutor Luis Moreno Ocampo has released damning evidence against three of the Ocampo six that he wishes to present before the court for their participation in the post election violence.
The 38-page document dubbed Document Containing the Charges (DCC) from Ocampo released to the public outlines evidence that the prosecution team has gathered against Eldoret North MP William Ruto, Tinderet MP Henry Kosgey and radio journalist Joshua arap Sang.
The document outlines the events that led to the eruption of the post election violence in Kenya from the 30th of December 2007 through to the 31st of January, and goes further to give an account of the involvement of the three in the violence.
According to the DCC "the crimes alleged occurred in the context of a widespread or systematic attack against members of the civilian population, within the meaning of Article 7(1) of the Statute."
"The direct perpetrators implemented the Network's policy of attacking the PNU supporters to punish and permanently expel them from the Rift Valley by systematically inflicting fear, killing, looting, burning or otherwise destroying their property. Their express purpose was to force PNU supporters from the Rift Valley using whatever means necessary, including the commission of crimes."
The document hence alleges that Ruto, Kosgey and Sang knew that their conduct was part of, or intended for their conduct to be part of a widespread or systematic attack.
On the organizational policy of the Network, the prosecutor alleges that it was two]fold.
Ocampo describes that it was first to punish and expel from the Rift Valley those perceived to support PNU, namely, Kikuyu, Kamba and Kisii civilians; and second to gain power and create a uniform ODM voting block.
On the leadership, structure, and functioning of the Network, the DCC outlines that by 2007, Ruto was the head of a multi]faceted Network that attacked PNU supporters and expelled them from the Rift Valley. The Network included political, media, financial, tribal and military components.
It further outlines that Ruto and Kosgey, together with Sang and others, capitalized on existing structures and roles in Kalenjin society to create a Network with the criminal purpose of expelling PNU supporters5 from the Rift Valley by inflicting fear, killing them and systematically destroying their property, leaving them with no alternative but to flee.
Among the key incidents highlighted in the DCC include Turbo Town in Uasin Gishu District, the greater Eldoret area, Kiambaa Church, Kapsabet Town in Nandi District and Nandi Hills Town.
Ocampo's document alleges that Ruto and Kosgey are individually criminally responsible, pursuant to Article 25(3)(a) of the Statute, for crimes against humanity as defined in Article 7 of the Statute.
They are also said to bear responsibility as co]perpetrators includes crimes carried out by the Network's subordinates and direct perpetrators.
On the part of radio journalist Sang, the Prosecutor alleges he is individually criminally responsible pursuant to Article 25(3)(d) of the Statute for crimes against humanity as defined in Article 7 of the Statute.
"Sang's responsibility includes crimes carried out by a group of persons acting with a common purpose. Sang contributed to the commission of the alleged crimes by the Network's direct perpetrators," the DCC states.
The charges that the ICC's prosecution team has prescribed against the three include murderdeportation or forcible transfer of population and persecution all constituting crimes against humanity.
Ocampo's evidence release comes barely a week after the Appeals Chamber of the ICC ruled against the Kenyan government's appeal to have the cases tried locally claiming investigations into the six suspects had already begun.

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