My Life Is In Danger, Says ICC ‘Witness’

Fatou Bensouda. FILE PHOTO

BY MERCY MWAI
SUNDAY, 24 MARCH, 2013

A key Internat ional Criminal Court witness in the case facing Deputy President-elect William Ruto who recanted his testimony a fortnight ago now claims his life is in danger. He has blamed an International Criminal Court official for his predicament. The man, identified as witness no 8 in court documents, claimed yesterday that individuals posing as ICC agents had persistently called his phone and requested to meet him alone, contravening his directions that they should only meet his lawyer.

A press conference which had been arranged yesterday failed to take off as he feared that if he appeared he would be kidnapped, sources told The People Sunday. Instead he sent a signed statement to newsrooms stating his grievances. “Since yesterday (Friday) I have received over 20 calls from the ICC officials who arrived in the country specifically to contact me and have me recant my sworn affidavits,” he said. He said an ICC emissary, one Lucio, had informed him that the trial chamber had requested to recant his affidavit that saw him cease to be an ICC witness.

He said Lucio had requested a meeting at night, alone, which he was not comfortable with. He said the officials arrived into the country unannounced. He claimed he feared being kidnapped if he availed himself to those who are seeking to meet him. “I wish to inform members of the public that should anything happen to me the office of the prosecutor should be held responsible for it,” he said.

This occurred as ICC’s Chief Prosecutor, Fatou Bensouda in an interview with British Broadcasting Corporation (BBC), said witnesses should not be afraid of testifying in the cases as her office was working to ensure that their life is protected Witness protection Bensouda said that her office was working closely with the victims and the Witness Protection Agency to ensure all witnesses are protected. She said: “Witness protection is a priority for me and my office to ensure that witnesses can come forward and testify.

We are going to do that and ensure that witnesses are protected.” Witness 8 recanted his earlier evidence that had linked Ruto to the post election violence. He swore an affidavit with an Eldoret-based layer stating that he wished to withdraw as one of the witnesses. He said what was to be his evidence against Ruto was false. He said during his interviews with ICC prosecutors at no time did he claim to have visited any of the homes of the accused, yet it was included in his final statement.

The bodies that interviewed him included the Kenya National Commission on Human Rights (KNHCR), the commission of Inquiry into the Post election Violence (CPV) led by Justice Phillip Waki, the Kenya Police, Maina Kiai, Cynthia Tai and other officers from the ICC. Meanwhile, the international criminal court has assured Kenyan witnesses testifying against three Kenyans facing war crimes at The Hague of full protection. In an interview with BBC, Bensouda said witnesses should not be afraid of testifying as her office was working to ensure they were protected.

Bensouda said her office was working closely with the victims and wittiness protection agency to ensure that all the witnesses are confident that they are protected However, the office of the prosecutor said the withdrawal of Muthura’s charges will not interfere with the case against Uhuru and asked the court to proceed with it. Sang and Ruto’s trials are scheduled to begin May 28th while Uhuru’s trial has been scheduled for July 9.