One of the key witnesses at the International Criminal Court has reportedly been detained after a scuffle between him and a protection officer. The Star has established that the witness is being held in isolation in Europe after he assaulted the protection officer. The man is being held incommunicado and has allegedly not been able to be seen by his family who have also been threatened with deportation.
Following the incident and the subsequent detention, other witnesses who are under protection in other European capitals have allegedly threatened not to testify. "We have made it clear to ICC that if our colleague is not released immediately and his family assured of their continued stay in Europe then we will have no choice but find our way back home," one of the witnesses in a Central European capital told the Star yesterday.
A source at The Hague said the fight between the witness and the protection officer occurred in November when the two differed over the care his family was receiving.
The witness had gone to the protection officer to complain that his children needed special assistance as they were unable to integrate quickly into the education system of the country where they have been placed under protection. "The witness had gone to seek assistance on the education welfare of his children but he differed with the protection officer. The protection officer accused the witness of being too nagging leading to the scuffle," said our source.
Protection of witnesses under the ICC falls under the Victims and Witness Unit (VWU) which is mandated to minimise and manage any risk that may be faced by witnesses and victims who appear before the court. Although the first line of protection lies in adhering to good practices when interacting with witnesses, special protection is also given by the unit if considered necessary.
The last resort is to place witnesses under the ICC protection programme. “In accordance with Rule 16 of the Rules of Procedure and Evidence the Registrar may negotiate confidential agreements on relocation and provision of support services on the territory of a State on behalf of the Court,” the ICC website says of the unit.
The unit which is neutral works with a lot of secrecy as at the core of its mandate is to protect life of witnesses who face threats as a result of their interaction with the court. It is believed that the unit has several Kenyan witnesses under its protection including the one who is being held in isolation. Majority of these witnesses have received considerable threats following their involvement with the court over the ongoing two cases involving high profile Kenyans.
Yesterday, the executive director of the Centre for Human Rights and Democracy Ken Wafula said he had received a report about the matter and was following it up with the ICC. Wafula appealed to the ICC authorities to urgently address the issue which he said had raised fear among other witnesses currently under the care of the court. "In fact we have learnt that VWU has a problem in handling the witnesses and we want the authorities to disband the unit and resolve the case of the detained witness amicably,” said Wafula.
Wafula said CHRD was involved in protection of the witnesses before they were taken over by the ICC and the center would share in the blame if the witnesses are mistreated. He said the treatment of the witnesses may cause people to lose confidence in the court process.
The incident comes to light just days before the court rules on whether the six Kenyans linked to the 2007-08 post-election violence will be tried for crimes against humanity. They are Deputy PM Uhuru Kenyatta, Eldoret North MP William Ruto, Tinderet MP Henry Kosgey, Head of Civil Service Francis Muthaura, Kass FM journalist Joshua arap Sang and former police chief Hussein Ali. The ICC judges are expected to deliver their ruling before January 21.
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