File | NATION Outgoing ICC Chief Prosecutor Luis Moreno-Ocampo.
By OLIVER MATHENGE omathenge@ke.nationmedia.com
Posted Thursday, March 22 2012 at 22:00
Posted Thursday, March 22 2012 at 22:00
IN SUMMARY
- Victims have asked judges at The Hague to dismiss appeals lodged by Kenyatta and Muthaura
International Criminal Court prosecutor Luis Moreno-Ocampo has supported a request by victims urging the court’s judges to dismiss appeals lodged by two of Kenya’s post-election violence suspects.
In submissions posted on the ICC website on Thursday, the prosecutor says he agrees with the victims’ submissions made through lawyer Morris Anyah on March 12, and urged the Appeals Chamber to dismiss the appeals.
Mr Moreno-Ocampo says he agrees with Mr Anyah that Mr Uhuru Kenyatta and Mr Francis Muthaura’s arguments do not relate to jurisdictional issues, but to substantive matters that should be decided at trial.
He notes that the suspects were also wrong by claiming that the Pre-Trial Chamber judges misinterpreted the meaning of “organisational policy”.
“The majority identified the core essential requirement of an organisation under the Statute, namely, its capacity to implement a policy of widespread or systematic attacks against civilians,” he told the judges.
The suspects have lodged an appeal challenging the Pre-Trial Chamber’s determination that their cases are rightly before The Hague-based court.
They argue that the judges made a mistake by defining attacks on civilians by Mungiki as an “organisational policy” that they were in charge of.
In his submission, Mr Anyah says that Mr Kenyatta and Mr Muthaura organised the Mungiki to carry out attacks against persons who were perceived to be ODM supporters.
“The role of Kenyatta and Muthaura with respect to the Mungiki relates to the question of their individual criminal responsibility,” Mr Anyah says.
Mr Moreno-Ocampo has held similar arguments stating that the appellants have failed to demonstrate the existence of any reversible error.
Meanwhile, Eldoret North MP William Ruto and radio presenter Joshua arap Sang have dismissed submissions made by the victims’ lawyer in their case.
The two argue that lawyer Sureta Chana is wrong in arguing that their submissions are not legal but arguments against the merits of the Pre-Trial Chamber II decision.
Posts
No comments:
Post a Comment