ECCC President requests explanation of witness’s refusal to testify in Case 002/02: Testimony was not heard from witness “2-TCW-827” in Case 002/02 against Nuon Chea and Khieu Samphan on Monday and Tuesday, due to the witness refusing to appear before the Khmer Rouge tribunal. On Tuesday, Chamber President Nil Nonn told the court that “The Chamber issued an order” to bring the witness and they expected to “have a report from the judicial police officer in relation to the summoning of this witness.” Judge Nonn sent a request to Lor Soleng, the tribunal’s judicial police liaison, requesting a report “relating to the witness’s refusal to appear before the Court, including the specific justifications therefor.” Judge Nonn’s letter stated that the witness has “repeatedly refused” to testify since September, citing poor health, but refusing a medical assessment. On 29 March, after the witness refused the medical assessment, preparations began to order the judicial police to bring him to court “by force” pursuant to Article 315 of the Code of Criminal Procedure. However, the preparations ended when the witness agreed to appear on Monday. Unfortunately, the day before the witness was due to testify, he “changed his mind” and refused to appear “without any justification.” Maj. Gen. Soleng said it was “unlikely” that the witness would be taken to the court by force. Last month, Anta Guisse, a lawyer for Khieu Samphan, mentioned that the same witness claimed he was not obligated to take an oath before the Trial Chamber due to being a religious leader. (Cambodia Daily, Phnom Penh Post)
ICC OTP says Kenya intimidation cause of Kenya cases collapse; Ruto defense says Ocampo should be held accountable: International Criminal Court (ICC) prosecutor Fatou Bensouda issued an assessment on Wednesday of the Kenya crimes against humanity case that collapsed against Ruto and Sang. In a statement issued from The Hague, Bensouda said that “Due to deliberate and concerted efforts to derail this case through witness interference, the judges have been prevented from determining the guilt or innocence of the accused on the full merits of the case… what is also troubling is that the onslaught against this case – for now – denied the victims of the 2007-2008 election violence in Kenya the justice they so rightly deserve.” Moreover, Bensouda added that prosecution witnesses “were subjected to intimidation, social isolation and threats to prevent them from testifying.” On the other hand, Deputy President William Ruto’s Lead Counsel Karim Khan said on Wednesday that former ICC Prosecutor Moreno Ocampo should be held responsible for rushing to press charges without evidence against Ruto and Sang. Khan said that, “The court has said the evidence has fallen apart. Luis Moreno Ocampo has to answer as to why on earth did he rush to name the big six in a rush that was not based on proper diligence investigations.” According to Khan, the cases before the ICC were time consuming and expensive, especially for the accused who bear the costs of defending their innocence. Additionally, Khan claims that the prosecution’s case was built on unreliable evidence by lying witnesses. Moreover, Khan said that “After six years of turmoil millions of Euros spent by the ICC, disruption in the personal lives of all the six – we have with yesterday’s decision a clear unequivocal assertion by the majority that no reasonable trial chamber could possibly convict.” Sang’s lawyer, Katwa Kigen, also referred to the evidence as unreliable, mentioning Judge Robert Fremr’s concurring opinion which found that there were serious inconsistencies in the prosecutor’s evidence. On Tuesday, the ICC Trial Chamber vacated the charges against Ruto and Sang after declaring there was “no case to answer”. Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr wrote separate reasons for the decision but both agreed that the prosecution did not provide sufficient evidence on which a reasonable Trial Chamber could convict the accused, adding that acquittal was not the rights outcome and there was no reason to recharacterize the charges. Judge Olga Herrera Carbuccia appended a dissenting opinion. (ABC News, Capital FM)
The post 7 April 2016 – NEWS ABOUT THE COURTS – ECCC requests explanation for witness’s refusal to testify, and Prosecution and Defense make statements after Ruto and Sang cases terminated appeared first on ICL Media Review.