ICC to verify Ocampo evidence
Written By:Elizepher Wankuru, Posted: Sat, Apr 16, 2011
The confirmation of charges by the International Criminal Court on the six Kenyans mentioned in relation to the 2007/2008 post election violence is meant to verify what the prosecutor has collected and the strength of evidence.
According to the Pre-Trial chamber Senior Legal Adviser Gilbert Bitti; the chamber will only decide if the strength of witness statements is enough to incriminate the suspects as charged by the prosecutor.
Bitti made the remarks during the "Ask the Court" program where Kenyans ask questions on the Court's mandate and its work.
He said witnesses will not testify or be cross examined in the courtroom during the confirmation of charges.
The confirmation of charges against MPs William Ruto and Henry Kosgey and Radio presenter Joshua Arap Sang will be heard on September 1st while that of Deputy Prime Minister Uhuru Kenyatta, head of public service Francis Muthaura and Post-Master General Mohammed Hussein Ali will be heard on September 21st .
Meanwhile, a legal officer in the pre-trial division of the International Criminal Court maintains that the Kenya government's application challenging the admissibility of the post election violence case at the court does not in any way interfere with the disclosure of evidence expected to kick off on Monday.
Eleni Chaitidou says the application only bars the prosecutor from carrying out further investigations on the case. However, she says the Rome statute allows the prosecutor, under specific circumstances, to receive authorization from the pre-trial chamber to continue with certain investigations.
Chief prosecutor Louis Moreno Ocampo is supposed to share with the defence the number of witnesses, type of evidence and witness statements he intends to use in the case during the status conference.
However, Ocampo has appealed against the decision saying the exercise should be done after a ruling on the application by the Kenya government is rendered. The parties' responses to the admissibility application are due to be filed on 28th of this month.