ICC TC in Ruto case allows admission of recanted witnesses previous statements: ![ICC-1]()
Yesterday, 19 August 2015, ICC trial judges allowed the prosecution’s request for admission of recanted witness statements as evidence against Deputy President William Ruto. The judges also allowed statements of missing witnesses. In her request, Prosecutor Fatou Bensouda told the judges of “the existence of an organized effective scheme to persuade prosecution witnesses to withdraw or recant their evidence, through a combination of intimidation and bribery.” Presiding Judge Chile Eboe-Osuji gave a separate, partly concurring opinion to that of Judges Olga Carbuccia and Robert Fremr. Ms. Bensouda filed her application to use statements by witnesses who either recanted or withdrew from testifying pursuant to Rule 68. Yesterday’s decision came amid renewed pushes by victims for fresh investigations against the President and his co-accused former Secretary to Cabinet Francis Muthaura and former Commissioner of Police Hussein Ali. Mr. Ruto is charged with crimes against humanity in relation to the PEV. (allAfrica) (For additional information please click here)
Yesterday, 19 August 2015, ICC trial judges allowed the prosecution’s request for admission of recanted witness statements as evidence against Deputy President William Ruto. The judges also allowed statements of missing witnesses. In her request, Prosecutor Fatou Bensouda told the judges of “the existence of an organized effective scheme to persuade prosecution witnesses to withdraw or recant their evidence, through a combination of intimidation and bribery.” Presiding Judge Chile Eboe-Osuji gave a separate, partly concurring opinion to that of Judges Olga Carbuccia and Robert Fremr. Ms. Bensouda filed her application to use statements by witnesses who either recanted or withdrew from testifying pursuant to Rule 68. Yesterday’s decision came amid renewed pushes by victims for fresh investigations against the President and his co-accused former Secretary to Cabinet Francis Muthaura and former Commissioner of Police Hussein Ali. Mr. Ruto is charged with crimes against humanity in relation to the PEV. (allAfrica) (For additional information please click here)ICC AC reverse TC decision on Kenya cooperation and remands for reconsideration: Yesterday, 19 August 2015, the Appeals Chamber of the International Criminal Court (ICC) reversed and remanded Trial Chamber V(B)’s decision regarding the Kenyan Government’s alleged non-compliance with its obligations under the Rome Statute in the case The Prosecutor v. Uhuru Muigai Kenyatta, due to errors in the Trial Chamber’s assessment. Presiding Judge Silvia Fernandez de Guermendi delivered a summary of the judgment in an open court session, indicating that the Trial Chamber erred by failing to address whether judicial measures had been exhausted to obtain the Kenyan Government’s cooperation, as well as by assessing in an inconsistent manner the sufficiency of evidence and the Prosecutor’s conduct. On remand, Trial Chamber V(B) must determine, in light of relevant factors, if Kenya failed to comply with a cooperation request that prevented the Court from exercising its functions and powers. If the Trial Chamber V(B) decides Kenya did fail to comply, it must make an assessment of whether it is appropriate to refer Kenya’s non-compliance to the Assembly of States Parties (ASP). The Appeals Chamber emphasized that the Trial Chamber should take into account all relevant factors in their determination, including the evidence that was required in the cooperation request and the conduct of the parties to the proceedings. Mr. Kenyatta was charged, as an indirect co-perpetrator, with five counts of crimes against humanity allegedly committed during the post-election violence in Kenya in 2007-2008. on 13 March 2015, Trial Chamber V(B) decided to terminate the proceedings in the case and to vacate the summons, noting the Prosecutor’s withdrawal of charges against Mr. Kenyatta. (ICC Website)
ECCC hears testimony of former member of dam mobile unit: Tak Boy testified at the Khmer Rouge trials yesterday, recalling his experience as a member of a mobile unit at the Trapeang Thma dam site before the Extraordinary Chambers in the Courts of Cambodia (ECCC). At 18, Tak Boy was recruited by the Lon Nol army in his village of Trapeang Thma and within three years he was forced to work under the Khmer Rouge on the Trapeang Thma Dam worksite. Thma also recalled hiding his past and living in fear of being discovered, with death being the ultimate fate. Thma also noted that workers had to build their own accommodation and dig toilets, as well as there being a smell of death in their work area due to the bodies at the bottom of the dam. (Khmer Times)
ICC hearing on reconsideration of Lubanga sentence on 21 August: The Appeals Division of the International Criminal Court (ICC) will be holding a reconsideration hearing on Friday, 21 August 2015, to reconsider the sentence of Congolese warlord Thomas Lubanga. During a UN conference report in Kinshasa yesterday, 19 August 2015, the ICC announced, in a report, that the session will be held in the presence of all parties involved in the case. Mr. Lubanga has served two-thirds of his sentence after being sentenced to 14 years in prison for war crimes. The war crimes included; enlistment, conscription, and the use of children under 15 years of age for armed combat. On 14 August 2015, a request for extension of the fund for victims was filed. Following this request, the Trial Chamber allowed the fund two extra months to file its draft implementation plan for collective repairs in the case. The fund now has until 3 November 2015 to submit its plan to the judges. (Star Africa)
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