Ocampo gives tough conditions for ICC suspects

The ICC chief prosecutor Luis Moreno-Ocampo. FILE

International Criminal Court chief prosecutor Luis Moreno-Ocampo has sought tough new conditions against three individuals summoned over the post-election violence.

A warrant of the arrest is to be issued to Deputy Prime Minister Uhuru Kenyatta, Head of Public Service Francis Muthaura and Postmaster General Hussein Ali if they ignore the conditions.

In a request made to the court, the prosecutor wants the three to be appearing 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.

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”

“Based on the authority set out below, the Prosecution asks that the Chamber add additional conditions to ensure that the suspects comply with the obligations,” Mr Moreno-Ocampo stated.

The prosecutor further wants the court to order Mr Muthaura, Mr Kenyatta and Major Gen Ali to provide the Chamber with all residential and office addresses, email addresses, and telephone numbers.

If the court agrees with the prosecution, each suspect shall verify in a signed statement, under oath, the accuracy of the information given to the registry on a monthly basis. They are to report to the Registry any change in the information. 

“Any misstatement in a report, or any failure to provide timely, accurate, and complete information shall result in the issuance of a warrant and revocation of the conditions of the suspect’s release,” Mr Moreno-Ocampo said.

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.

Due to their senior positions of authority in Kenya, the prosecutor said any statements that the suspects may make concerning the violence or their cooperation with the Court could, intentionally or unintentionally, be regarded by actual or potential witnesses as pressure to cease cooperation with the Court, or impact future witnesses’ willingness or desire to cooperate.

If given, the order would mainly affect Mr Kenyatta who, with Mr William Ruto, have been traversing the country discussing the ICC cases. The two had even organised a rally in Nairobi on their return from The Hague.

The appearance within six months is to enable the Chamber to determine if a suspect did not comply in full within a timeframe set by the Chamber and/or made a false statement of compliance either in person or in a written statement, so that a warrant of arrest can be issued and the conditions of his release revoked.

The information given by the suspects shall be verified with the Registry the first day of every month. Any change in the information provided shall be reported to the Registry within 48 hours of the change.

Mr Muthaura, Mr Kenyatta and Major Gen Ali are also supposed to disclose the identities of all to whom they owe money or property.
The prosecutor further requires he suspects to post bond in a sum to be determined by the Chamber, for the purpose of guaranteeing their appearances at the Court.

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 said the suspects’ arrest was not necessary, so long as they complied with certain restrictions imposed on their conduct.

In particular, the Chamber 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.