Ruto, Sang want their cases heard July

By PETER LEFTIE pmutibo@ke.nationmedia.com  ( email the author)

Posted  Thursday, February 14  2013 at  22:30

In Summary

• Lawyers representing the suspects tell judges they need four more months to prepare for the trials

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Jubilee coalition Presidential running mate William Ruto and radio presenter Joshua Sang want crimes against humanity cases facing them at ICC heard in July.

Mr Ruto’s lawyer David Hooper told the trial chamber chaired by judge Kuniko Ozaki that the defence teams for his client and Mr Sang required at least four months from the last disclosure date to prepare for the cases.

The disclosure deadline is March 10, exactly a month to the date for the commencement of the cases facing the two suspects.

In their submissions to the trial chamber during Thursday's status conference, Mr Hooper and Mr Katwa Kigen, for Mr Sang, accused the Office of the Prosecutor of withholding crucial evidence and the identities of its witnesses.

They also accused the prosecution of introducing new evidence in the cases facing their clients thereby altering the shape and face of the cases substantially.

Mr Sang physically attended the Status conference at The Hague while Mr Ruto followed the proceedings from an undisclosed location in Nairobi via a video link in the company of lawyer Kioko Kilukumi, a member of his defence team.

Making his submissions, Mr Hooper applied to have Mr Ruto participate in the trial through video link and whether it was possible to shift the cases to Arusha in neighbouring Tanzania, requests which were echoed by Mr Kigen on behalf of his client.

Mr Hooper, however, conceded that even though he was aware that the Tanzania Government was willing to host the cases at Arusha, this may not be possible because the ICC did not have an Immunities Agreement with Dar es Salaam.

In their submissions, both Mr Hooper and Mr Kigen accused the prosecution of expanding the scope of the cases facing their clients from their post-election violence period to periods preceding the 2007 election and the post-violence period.

“The focus of this case has significantly shifted. The focus that was on December 2007 and January 2008 has shifted. It is now on events in early 2007, in 2006, 2005 and back to 2002,” he stated.

Mr Kigen on his part told the judges, who included Christine Van den Wyngaert and Chile Eboe-Osuji, that the prosecutor had changed his case from the initial line that the aggressors were supporters of the Orange Democratic Movement (ODM) to a Kalenjin outfit.

He further stated that the prosecutor had also changed the previous contention that the targets of the attacks were members of the Kikuyu community and included other communities residing in Rift Valley such as the Gusii.

He argued that the prosecutor had also shifted the scope of the violence from the period between December 2007 and February 2008 to four years between 2005 and 2008.

“Before the confirmation hearings, the dates of Mr Sang’s alleged participation in the violence were six, but now, they have brought in over 20 dates,” Mr Kigen told the judges.      

But the Office of the Prosecutor dismissed the claims, saying the cases facing the two suspects had not changed at all.

“The fact of the matter is that there has not been shifting sands in the case... These are matters that occurred before or after the post-election violence, which are very relevant to the case. The case remains fundamentally the same,” the prosecutor said.

Ms Ozaki assured the defence that it will be awaiting the decision of the ICC president on its request to have the cases facing their clients alternated.

The lawyer for the victims expressed concerns that the timing of the trial starting April 10 posed security concerns for the victims and suggested the trials be deferred.

Status of ICC cases in Africa

Ugandan cases

The case against top commanders of the Lord’s Resistance Army led by Joseph Kony (below), Vincent Otti, Okoth Odhiambo and Dominic Ongwen is currently under the Pre-Trial Chamber II.

The individuals are charged with several counts of crimes against humanity, war crimes and attack against civilians.

Congo DRC

Five cases have been brought before the court against Thomas Lubanga, Bosco Ntaganda, Germain Katanga, Mathieu Chui, Callixte Mbarushimana and Sylvestre Mudacumura.

Lubanga, Katanga and Chui are currently in the custody of the ICC.

Lubanga was convicted on March 14, 2012 and sentenced to 14 years in July last year.

Darfur, Sudan

There are five cases before the ICC against Omar Al-Bashir, Ahmad Harun and Ali Kushayb, Bahr Abu Garda, Abdallah Banda, Abakaer Nourain and Saleh Mohammed, Abdel Hussein.

Warrants of arrest have been issued by Pre-Trial Chamber I for Harun, Kushayb, Al Bashir and Hussein. The four suspects remain at large.

Libya

On March 3, 2011, the ICC Prosecutor opened an investigation in the situation in Libya, which was assigned by the Presidency to Pre-Trial Chamber I.

On June 27, 2011, Pre-Trial Chamber I issued three warrants of arrest respectively for Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity allegedly committed across Libya from 15 until February 28 2011.