ICC warns lawyer over witnesses

An International Criminal Court judge has warned lawyer Katwa Kigen against disclosing confidential information that could help identify some of the witnesses the prosecutor relied on to file charges against the Ocampo Six.

Judge Ekaterina Trendefilova reminded the lawyer of his duties and obligations, which include the respect of confidentiality of information.

The warning arose from complaints by Prosecutor Luis Moreno-Ocampo, who in an application, said the lawyer had disclosed confidential information on the identity of a witness.

Consequently, Mr Ocampo requested the court to assess whether the disclosure posed a security threat to the witness.

The court ordered for this be done and the findings established that Mr Kigen had violated the code of conduct for lawyers appearing before the court.

The judge stated that the finding empowers her to file a complaint against Mr Kigen but she would not do so as the extent of the violation and the information available did not put the witness or their family at risk.

“The Chamber is duty-bound to take the necessary measures to protect victims and witnesses who may be at risk,” she said.

The Judge however warned that should such a violation of the code of conduct occur again in future, she would resort to fulfil her duties as specified in article 34(1) of the Code of Conduct.

“The mere disclosure of information discussed in a private session, is in itself, a breach of article eight of the Code of Conduct, which constitutes misconduct under article 31(a) of the Code of Conduct,” she said in her ruling dated November 2.

Mr Ocampo said information concerning a witness, discussed in a private session during the recent confirmation hearings, was not supposed to be referred to in public.

The court is due to confirm or dismiss charges against six Kenyans accused of masterminding the 2008 post election chaos later this year.