An advance copy of the Official Records Volume one of the 14th Assembly of State Party (ASP) been published.
According to the records, the Assembly of State Parties approved to Kenya’s requested language on the non-retroactive amended Rule 68 on using pre-recorded witnesses testimony.
“Following the debate on the supplementary item “Review of the Application and Implementation of Amendments to the Rules of Procedure and Evidence introduced at the Advance version ICC-ASP/14/20 20-E-031215 13 12th Assembly”, the Assembly recalled its resolution ICC-ASP/12/Res.7, dated 27 November 2013, which amended rule 68 of the Rules of Procedure and Evidence, which entered into force on the above date, and consistent with the Rome Statute reaffirmed its understanding that the amended rule 68 shall not be applied retroactively.”
This retroactive use of rule 68 is currently before the ICC Appeals Chamber after the prosecutor used this new rule to introduce pre-recorded witness testimony in the ongoing trial of Kenyan Deputy President William Ruto and broadcaster Joshua Sang for allegedly orchestrating crimes against humanity during Kenya’s 2010-11 post-election violence.
In relation to the petition by the Kenyan National Assembly asking the Assembly of States Parties (ASP) to institute investigations into alleged procurement and coaching of ICC witnesses, the records state that the, ‘ Assembly emphasized the importance and urgency of having a fully operational Independent Mechanism’.
“Following the debate on the item, the Assembly emphasized the importance and urgency of having a fully operational Independent Oversight Mechanism and requested the Bureau to follow the process thereon.”
The National Assembly had demanded the appointment of an independent mechanism to audit the Prosecutors’ witness identification and recruitment process in the case Ruto and Sang cases.
Download the Official Records Here