Lawyer pushes for more charges
against Ruto, Sang at ICC
Lawyer
pushes for more charges against Ruto, Sang at ICC
Related News
SHARE THIS STORY
Updated 3 mins ago
By FELIX OLICK
Lawyers of post-election violence victims at
International Criminal Court (ICC) want trial judges to include more express
and independent charges against two Kenyan suspects in the event of a
conviction.
Ms Sureta Chana wants looting, destruction of
property, and infliction of injuries also included as express charges in the
event of a conviction against Eldoret North MP William Ruto and radio
journalist Joshua arap Sang.
In her submission to the trial chamber led by
Presiding Judge Kuniko Ozaki, Chana said the crimes should also be specifically
referred to in the description of accounts.
“There is every reason why acts of destruction
and burning of property, infliction of injuries and looting should also be
specifically referred to in the description of counts as well as included as
express independent charges in the event of a conviction,” reads the submission
in part.
Huge impact
Currently, both Ruto and Sang face three counts of charges that include murder, deportation and persecution at The Hague-based court.
Currently, both Ruto and Sang face three counts of charges that include murder, deportation and persecution at The Hague-based court.
However, Chana said that crimes of destruction,
burning of property, infliction of injuries and looting are very serious and
had a huge impact on the victims and their communities. She, therefore, urges
the judges to acknowledge them as crimes that have been perpetrated directly
against the victims.
She argues that it would not be in the interests
of justice if the two were to be acquitted on technical reasons that some other
elements specific to the umbrella charge were not proved on the evidence.
“For instance, on the charges as presently
formulated, the accused could not be convicted on counts three or four in
respect to these acts,” she argues.
According to Chana, in an instance where victims
did not leave their home areas despite injuries, destruction of property and
looting, the perpetrator would not have committed deportation or forcible
transfer.
“Mr Ruto has only been charged under the mode of
liability in Article 25 (1) (a) of the Statute (committing the crime), and
therefore any attempted deportation or forcible transfer would not be within
the charges as presently formulated against him,” she argues.
She adds that for justice to be seen to have
been done, any charges and convictions should reflect evidence of what actually
happened.
Chana argues that victims saw systematic
destruction and burning of property during 2007 post-poll chaos. However, she
adds, they have not seen the crimes charged.
“Even if international criminal lawyers can be
expected to understand that these acts have been incorporated under the
umbrella charges of forcible transfer, or attempted forcible transfer, the
community at large will not understand this,” she argues.
No comments:
Post a Comment