Hague suspects oppose Ocampo's conditions

Three individuals summoned over the post-election violence have cited seven grounds to fight off International Criminal Court chief prosecutor Luis Moreno-Ocampo’s new conditions.

The three namely Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Postmaster General Hussein Ali are saying the plea to have them deposit bond is unreasonable and should not be allowed because there is no risk of them absconding.

“The prosecutor has not argued that the suspects are flight risk. Accordingly, the prosecutor has failed to establish any justification as to why suspects be required to post bond,” said the three in their response filed at The Hague.

According to the defence team the earlier conditions imposed by the ICC have not been breached to warrant imposing of new and tougher conditions.

In his request the prosecutor had sought to have the three compelled to appear in person before the Chamber at least once every six months. The suspects have to certify before the Chamber, under oath, that they have complied in full with all the conditions.

Mr Muthaura, Mr Kenyatta and Major General Ali should also submit complete financial information.

The financial information, given under oath, is to enable the Chamber to determine the appropriate bond and to ensure its enforceability; and that the suspect can then post bond or provide real or personal security or surety in an amount sufficient to guarantee his future appearance at all required hearings of the Court.

They are to further not make any public statements that contain or can be construed as containing “an open or veiled threat to actual or prospective witnesses or victims”

In their response the three are accusing Mr Ocampo of wrongfully seeking information from them in contravention of their rights to remain silent.

Some of the suspects hold senior positions in government and their comments about the case might whether intentionally or otherwise scare the witnesses, the prosecution had said.

If given, the order would mainly affect Mr Kenyatta who, with Mr William Ruto, have been traversing the country discussing the ICC cases.

However the three are arguing that the request to stop them from commenting on the case the three said it amounts to denying them their rights to freedom of speech.

The court was told that it would be wrong for it to issue a gag order against the three and yet the prosecutor is at liberty to comment on the case.

Also sought by the prosecutor is an to order requiring Mr Muthaura, Mr Kenyatta and Major Gen Ali to provide the Chamber with all residential and office addresses, email addresses, and telephone numbers.

On March 8, 2011, ICC Pre-Trial Chamber II summoned six individuals to appear before the court. The others are Tinderet MP Henry Kosgey and broadcaster Joshua Sang.

The Chamber had directed that the suspects shall have no contact, directly or indirectly, with any person who is or is believed to be a victim or a witness of the crimes and that they shall refrain from corruptly influencing a witness or tampering with or interfering with the Prosecutor’s collection of evidence.