Amnesty International is in favour but Luis Moreno-Ocampo opposes suggestion by the Pre-Trial Chamber II that September hearings be held in Kenya.

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Earlier this month the Pre-Trial Chamber handling the Kenyan post-election violence cases requested views from the Prosecutor, the six defendants and the victims on the desirability of conducting the confirmation of charges hearings in Kenya.

The six defendents, Deputy Prime Minister Uhuru Kenyatta, suspended MP William Ruto, former Industrialisation minister Henry Kosgey, the Head of Public Service Francis Muthaura, former Police Commissioner Mohammed Hussein Ali and radio journalist Joshua Arap Sang, reacted differently to the proposal.

Henry Kosgey welcomed the suggestion, saying that it would be in the interest of justice to conduct hearings in Kenya, and it would further permit him the opportunity for “an affordable, proportionate and efficient defence.”

Mohammed Hussein wants the trial to proceed as normal at The Hague, but expressed his desire for a status conference to discuss the viability of Kenya hearings. Francis Muthaura was of the same view, but added that he would be in support if the ICC and the Kenyan Government could guarantee the safety and security of victims and witnesses, and the proper and orderly conduct of proceedings. He suggested Arusha, the Tanzanian home of the ICTR, as a potential alternative venue.

Kenyan media reported that several of the defendents were unsure why the ICC would wish to hold Kenyan hearings and were concerned regarding the lack of appropriate infrastructure in Kinshasa. Several of the men are reportedly worried that such hearings could have negative consequences on their political careers.

The Prosecutor, Luis Moreno-Ocampo, does not support the proposal. He stated this week that “it is impossible to assume that the Government of Kenya will provide the essential cooperation and substantial protection to enable an effective continuation of the hearings”. His concern could be well founded, given the ongoing admissibility challenge by the Kenyan government. He also expressed concern regarding the security conditions that would be available.

In addition, the ICC Office of Public Counsel for Victims is opposed to the plan, mindful that such hearings could provoke a fresh outbreak of violence and stating that Kenyan hearings would not be in the interests of justice.

Amnesty International, on the other hand, “fully supports the ICC proposal to hold the confirmation of charges hearings in Kenya,” according to the Deputy Africa Director Michelle Kagari. She argues that the hearings would serve to “bring justice closer to victims and their relatives, and locally affected communities”.

The confirmation of charges hearings are scheduled for 1 September for Sang, Ruto and Kosgey, and 21 September for Ali, Kenyatta, and Muthaura. At the hearings the Pre-Trial Chamber will rule if sufficient evidence of the alleged crimes has been provided by the Office of the Prosecutor for the cases to continue to trial.

Source: The Hague Justice Portal

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