Poll victims oppose Ruto’s request at ICC

By Felix Olick

Nairobi, Kenya: Lawyers representing victims of post-election violence at The Hague have opposed a request by Deputy PresidentWilliam Ruto.

He had submitted a request to the International Criminal Court (ICC) Judges requesting to be tried in absentia.

Common Legal Representative of Victims Wilfred Nderitu maintained that an accused’s presence in court during trial was a matter of legal duty enshrined in the Rome Statute.

“It’s submitted that an accused’s presence in court is a matter of legal duty. Indeed if it were otherwise, then it would be expected naturally that many accused persons would elect to be tried in absentia,” Nderitu said in the submission.

Last week, Mr Ruto made a surprise move and asked Trial Chamber V Judges to waive his ‘right’ to be present in person during his trials that kicks off on 28th of next month.

In his request, Ruto argued that given that he is now Kenya’s Deputy President, exemption from sitting through hearings at The Hague would afford him time and space to discharge his new duties in line with the expectation and wishes of Kenyans.

“Mr Ruto’s waiver is submitted in order that he be permitted to discharge his constitutional duties to the Kenyan people,” his new Lead Counsel Karim Khan said.

Latest submission

But in the new submission by the victims’ representative, Nderitu urged the three-judge bench to dismiss the request saying that if granted, “the trial process and the court’s authority and effectiveness both stand to be undermined”.

Nderitu also maintained that it is only when an accused is physically present in court that the full appreciation of the process of discovery of the truth is assured.

“Giving assent to the procedure sought by the defence would not be in the interest of participating victims in the case, and is likely to result in ‘participation lethargy’ by victims and witnesses that may come before the court from time to time,” Nderitu submitted in the application dated Monday this week.

He told the judges that if the request is granted, victims’ participation stands to be seriously whittled down, arguing that the accused’s own participation is likely to be seen as merely symbolic.

ICC Prosecutor Fatou Bensouda had earlier opposed the request by Ruto, President Uhuru Kenyatta and Radio journalist Joshua arap Sang to attend their trials via video link.

The judges are yet to make a ruling on the applications, including a request by the trio to have their trials in Kenya or in Arusha, Tanzania as opposed to The Hague in Netherlands.

If the applications are dismissed, then the Head of State and his Deputy are likely to stay for long at The Hague as their trials continue.

Lined up witnesses

According to documents filed to the Trial Chamber by Bensouda and her office on January 9, she has lined up 77 witnesses for the two cases, all of who are estimated to take a total of 1,398 hours.

In the Ruto/Sang trial, the prosecution intends to call 43 witnesses. Bensouda estimates that the 43 will take approximately 826 hours in the courtroom.

In the Uhuru case, the prosecution hopes to call 34 witnesses. They are estimated to take a total of 572 hours in their main evidence and in cross-examination by the defence counsel.

Some 31 witnesses will testify on the facts of the PEV and three will be expert witnesses.