ICC allows Ruto to skip sessions

Deputy President William Ruto (left) and his wife Rachel Ruto are received by Kenyan ambassador to The Netherlands Makena Muchiri (right) at the Schipol Airport May 13, 2013. Mr Ruto was in The Hague to attend ICC's status conference May 14, 2013. Mr Ruto will attend key sessions of his trial at the International Criminal Court, judges ruled June 18, 2013. FILE

What you need to know:

  • “Today, 18 June 2013, Trial Chamber V (A) of the International Criminal Court (ICC) conditionally granted, by majority, the request of William Samoei Ruto to be excused from being physically present continuously throughout the trial, scheduled to start on 10 September 2013,” said a statement from the court.
  • Mr Ruto, President Uhuru Kenyatta and former Kass FM presenter Joshua arap Sang are facing charges of crimes against humanity arising from the 2007/8 poll violence in which 1,133 people were killed.

ICC has allowed Deputy President William to be absent from some hearings when his trial for crimes against humanity starts at the Hague-based court.

However, the Trial Chamber judges gave a raft of strict conditions that he has to comply with.

The judges also declared that Mr Ruto’s new position in government would not guarantee him immunity from the actions of the court. Permission to miss some sittings could also be revoked and an arrest warrant issued should he fail to comply with the conditions.

The decision, which has no precedent at the ICC, was reached by Judges Chile Eboe-Osuji and Robert Fremr with Olga Herrera Carbuccia dissenting.

The judges also turned down Mr Ruto’s request to attend the entire trial through a video link, ruling that he must be personally present when required.

The court said that Mr Ruto will have to be present in court during the opening and closing statements by all participants, during testimony by victims and during judgment and sentencing.

“Today, 18 June 2013, Trial Chamber V (A) of the International Criminal Court (ICC) conditionally granted, by majority, the request of William Samoei Ruto to be excused from being physically present continuously throughout the trial, scheduled to start on 10 September 2013,” said a statement from the court.

Judges Eboe-Osuji and Fremr said that their decision was meant to strike a balance between the interests of the accused, the prosecution, the victims and the witnesses.

“The Chamber has endeavoured to strike a balance that protects all the different competing concerns.”

They then set out the hearings where the Deputy President must by personally present.

“Mr Ruto must be physically present in the courtroom for the entirety of the opening statements of all parties and participants, the entirety of the closing statements of all parties and participants, when victims present their views and concerns in person, and the entirety of the delivery of judgment in the case,” they ruled.

He will further be required to attend the “entirety of the sentencing hearings (if applicable), the entirety of the sentencing (if applicable), the entirety of the victim impact hearings (if applicable), the entirety of the reparation hearings (if applicable), and any other attendance directed by the Chamber”.

However, Mr Ruto’s position as Deputy President will not grant him any immunity from standing trial at The Hague.

Mr Ruto, President Uhuru Kenyatta and former Kass FM presenter Joshua arap Sang are facing charges of crimes against humanity arising from the 2007/8 poll violence in which 1,133 people were killed.

President Kenyatta’s trial date is set for July 9, but the date is subject to change.

Yesterday, the judges said their decision did not affect President Kenyatta’s trial schedule. However, they said Mr Sang must attend all the hearings at The Hague.

“The Chamber recalled that the Rome Statute does not afford any immunity based on official capacity. The Chamber stressed that permission granted Mr Ruto to not be continuously present was strictly for purposes of accommodating the demanding functions of his office as Deputy Head of State of Kenya and not merely to gratify the dignity of his own occupation of that office,” the statement said.