• About US
  • Our Work
Tuesday, March 21, 2023
  • Login
JFJ - Journalists for Justice
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers
No Result
View All Result
JFJ - Journalists for Justice
No Result
View All Result

Fresh twist as Ruto lawyers go after Bensouda’s witnesses

byJournalists for Justice
February 6, 2022
in Kenyan Cases, The ICC
Reading Time: 3 mins read
A A

A fresh twist has emerged in the witness tampering cases at the International Criminal Court after lawyers for Deputy President William Ruto demanded a special prosecutor to investigate prosecution witnesses for lying.

The application before Trial Chamber V(a) comes barely a month after a majority of the judges terminated the trial of Mr Ruto and his co-accused Joshua arap Sang without acquitting them of crimes against humanity charges. ICC Prosecutor Fatou Bensouda had already obtained three warrants of arrest against Kenyans Walter Barasa, Paul Gicheru and Philip Kipkoech Bett for alleged witness interference in the case, which one judge noted had collapsed because of witness tampering and political meddling.

The Ruto Defence team has highlighted four prosecution witnesses it says should be investigated, alongside any other individuals, for offences against the administration of justice.

In a heavily redacted May 2, 2016 filing posted on the ICC website, lawyer Karim Khan claims that prosecution witnesses lied and intermediaries as well as officials in the ICC’s Office of the Prosecutor tampered with the collection of evidence by identifying and coaching witnesses. The Ruto team also claims that ICC staff members might have engaged in sexual relations with witnesses and their families, and were party to false financial claims made on the Victims and Witnesses Unit.

RelatedPosts

ICC Issues Arrest Warrants for Putin and Lvova-Belova in Ukraine Conflict

Darfur victims to wait longer for justice as Khan’s new strategy faces challenges

New ICC Registrar to take office in April

“By encouraging … and assisting OTP witnesses to defraud the ICC, these ICC staff members have fostered an environment in which defrauding and telling lies to the ICC was encouraged,” says Mr Khan in court papers.  

A report by a cellphone site data analyst reportedly shows that one witness lied about his whereabouts during the post-election violence, lied about where he was registered to vote, and made false claims about losing land his family had sold 20 years earlier. Other cellphone data analyses show another witness was in Nairobi at the time he claimed to have been in the Rift Valley.

Mr Khan claims that although he has previously asked for an investigation into the claims, the OTP “has proved to be unwilling or unable to pursue investigations against its own witnesses and intermediaries”, hence his request for a special prosecutor.

Mr Khan says that he repeatedly alerted the prosecution in court as well as in private meetings with Deputy Prosecutor James Stewart of his concerns, which were not acted upon. He recalls a meeting in March 2014 where he asked for an independent investigator reporting directly to the Prosecutor and Deputy Prosecutor, but reports that Mr Stewart emailed him rejecting the offer. He suggests that the OTP’s reluctance to pursue independent investigations against its witnesses could be aimed at shielding its own staff caught up in wrongdoing.

“No witness should have a licence to lie with impunity or cause false evidence to be given to a prosecution authority,” says Mr Khan in the filling, arguing that there has been no delay in launching investigations into “other individuals”.

He argues that despite Trial Chamber V (a) terminating the Ruto-Sang case, it retains a limited residual jurisdiction to determine whether or not to order the investigation to protect the administration of justice.

He wants the independent “amicus prosecutor” to report only to the Prosecutor and Deputy Prosecutor to avoid any conflicts of interest, and to regularly update the judges and the Ruto Defence team because they are the complainants.

Alternatively, Mr Khan suggests, the judges should send the matter to the Kenyan authorities for investigation and prosecution. Kenya’s Attorney General has suggested that the witness interference cases against Mr Barasa, Mr Gicheru and Mr Bett be tried in the country.

Previous Post

Afghanistan case fails to take off at the ICC — pragmatism’ or surrender to the powerful?

Next Post

Problematic statements by French Judge at the ICC

Next Post
Problematic statements by French Judge at the ICC

Problematic statements by French Judge at the ICC

Please login to join discussion

Recent Posts

  • New marathon international trial in The Hague?
  • ICC Issues Arrest Warrants for Putin and Lvova-Belova in Ukraine Conflict
  • Félicien Kabuga’s IRMCT trial suspended indefinitely over dementia claims
  • Darfur victims to wait longer for justice as Khan’s new strategy faces challenges
  • The Hague to host new Ukraine Damage Register

Follow us on Twitter

JFJ – Journalists for Justice

We call out impunity wherever it occurs; we advocate justice for all victims of atrocity crimes; and we work with people of goodwill everywhere who share our values.

Subscribe to our Newsletter


Loading

No Result
View All Result
  • Home
  • Communities of Justice
  • Opinion & Analysis
  • Human Rights
  • Elections
  • About US
  • Our Work
  • Careers

Copyright © 2019. Journalists for Justice has asserted its right to be recognized as creators and owners of the content here. Reproduction in part or in whole is permitted on condition that JFJ is acknowledged and notified.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.