EU to aid Hague arrest big names in Waki list

• ICC says envelope not binding, it may go for more suspects after its investigation

The European Union envoys on Thursday warned Kenya that their countries will help the International Criminal Court to deal with election violence suspects.

They said the EU will extend the same kind of help to the ICC it gave in the case of the Democratic Republic of Congo.

In that case, Belgium arrested former DRC vice-president Jean-Pierre Bemba and handed him over to the Hague where he is awaiting trial for crimes against humanity.

Indicted
Ms Anna Brandt, the representative of the EU presidency in Nairobi, gave a strong indication that European countries would help to arrest Cabinet ministers and business people who will be indicted by ICC prosecutor Luis Moreno-Ocampo.

However, she did not specify the exact form of assistance the EU would extend to the ICC.

She only said: “It would not be different from the one that has been offered for other countries such as Democratic Republic of Congo, Uganda, Sierra Leone or even Yugoslavia.”

In the case of those countries, EU member states arrested suspects, froze their foreign bank accounts or denied suspects entry visas to various EU countries.

The envoys also asked the government to move quickly and establish a tribunal locally.

On Thursday, it also emerged that the number of people to be tried at The Hague, if a local tribunal is not established, could rise beyond those in the Waki list of six Cabinet ministers and five MPs.

Mr Moreno-Ocampo on Thursday said he would use all the information received from Kenya and will not confine himself to the recommendations of the Waki commission.

“The findings of the Waki Commission are important but they do not bind the (prosecutor’s) office; I should reach an impartial conclusion,” he said.

This means the final list of those to be investigated by Mr Moreno-Ocampo and possibly indicted will be compiled from the evidence presented by the Party of National Unity (PNU), the Orange Democratic Movement (ODM), the Kenya National Commission on Human Rights (KNCHR), the Kenya Human Rights Commission (KCHR) and other sources, including NGOs. “In accordance with the Rome Statute, my office utilises all information received,” he said.

Mr Moreno-Ocamo’s statement came as politicians hardened positions, casting doubt that the Cabinet will reach an agreement on passing the Independent Tribunal Bill during its Monday meeting.

Contrary to popular belief that the Waki Commission only handed to Mr Annan a secret envelope, the ICC on Thursday revealed that the evidence consists of video clips, photographs and other materials.

“These materials consist of six boxes of documents and supporting materials compiled by the commission,” Mr Ocampo said.