Emeka-Mayaka Gekara
17 July 2009
Nairobi — Mr Luis Moreno-Ocampo on Friday held a special meeting with senior International Criminal Court officers to discuss the evidence presented to him by chief mediator Kofi Annan.
Mr Moreno-Ocampo had earlier in the day opened, inspected and resealed the envelope containing names of suspected sponsors of the post-election violence handed over to him by Mr Annan.
He said the contents would remain confidential. "There will be no leaks," he said.
In addition to the envelope, Mr Moreno-Ocampo received six boxes containing documents and supporting materials compiled by the Commission of Inquiry into the Post-Election Violence, locally known as the Waki Commission.
The boxes were stored in a vault at the court's investigations unit.
The commission provided the names of a number of individuals and why they should be investigated.
Asked whether a report by the Kenya National Commission on Human Rights was part of the evidence received on Friday, the prosecutor's office was non-committal, only confirming that they had reviewed a range of different reports and statements including "public reports authored by Kenyans and international organisations as well as communications sent to the court."
As part of its preliminary investigations, Mr Moreno-Ocampo says he has contacted various parties in Kenya seeking further information in relation to alleged crimes.
"I have to say that much information is available," he said.
The officials said he will continue with his own investigations to "reach an impartial conclusion as to whether or not to investigate those individuals or others, or none."
Receiving the materials, Mr Moreno-Ocampo expressed his determination to handle the Kenyan case because it was the "only way to prevent the commission of new crimes in the next elections."
He, however, stressed that the main responsibility lies with the Kenyan government.
Sources at The Hague who did not want to be quoted commenting on the case, revealed that Mr Moreno-Ocampo's deputy, Gambian Ms Fatou Bensouda, will lead the onslaught on the Kenyan situation. She will work closely with Mr Michel de Smedt, acting head of investigations at the court.
A team of investigators and lawyers had already started work, reviewing reports and evidence offered by various Kenyans groups.
Ms Bensouda, a former attorney-general and Justice minister in her country, joined the ICC after a stint at the International Criminal Tribunal for Rwanda where she was a legal adviser and trial attorney.
Because of her background and experience, Ms Bensouda is reputed to be an "expert on African justice systems who understands sensitivities arising from trials involving victims from the continent."
Ms Bensouda, is the lead prosecutor in the trial of Democratic Republic of Congo warlord Thomas Lubanga, who faces war crimes-related charges at The Hague.
The Gambian, known for her bare-knuckle tactics in court, recently warned that leaders "everywhere in the world should know that impunity is a thing of the past. It is gone!"
"And those who are trying to bring unspeakable atrocities, suffering to civilians and civilian populations anywhere in the world will be held accountable for those atrocities."
The Rome Statute requires the prosecutor is to carry out independent investigations.
The ICC has been conducting preliminary investigations to find out whether the crimes committed in Kenya fall under its jurisdiction.
The court tackles war crimes, crimes against humanity and genocide.
It is also noteworthy that the prosecutor only intervenes when convinced that the affected country is reluctant or unable to try suspects.
The Hague has indicated that the first warrants of arrest may be issued within a year, as in the case of Pierre Bemba of the Democratic Republic of Congo. But it may take longer because of the elaborate nature of the ICC process.
According to the ICC procedure, once the prosecutor is convinced of the need to probe a matter referred to him, he will ask the court's pre-trial chamber to authorise an investigation.
The chamber scrutinises the merits of the evidence before it and holds a hearing to confirm the charges that will be the basis of the trial.
On the prosecutor's application, the chamber may issue a warrant of arrest against suspects. The warrant may either be sealed or public.
Travel outside
Sealed warrants are thought to be more effective because the suspects are unaware of them, making it easier to arrest them when they travel outside their countries.
When a warrant of arrest is issued under seal, it is transmitted confidentially to government agencies that are in a position to ensure its execution.
Mr Moreno-Ocampo was non-committal on whether he will request sealed or public arrest warrants for Kenya, only stressing that the country had the duty to cooperate with the court in accordance with the Rome Statute.
Obliged to arrrest
"Whether warrants of arrest will be sealed or not is a premature question at this stage," he said.
Countries that are signatories to the Rome Treaty that gave birth to the court are obliged to arrest and present such suspects to the ICC.
Once a wanted person has been surrendered to or voluntarily appears before the court, the pre-trial chamber confirms charges and assigns his case to a trial chamber of three judges.
In extreme cases, a person can be jailed for life. A convict can contest a decision in the appeals chamber of five judges.
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The devil, Odinga, is primarily responsible for the mass slaughter of Kenyans! He should be persecuted and prosecuted by the 'Rule of Law', and then confined away from the society BY AFRICANS, IN AFRICA!
Whatever the case may be among themselves, Africans MUST NOT subject themselves to the silly judgment of devils of Europe!
The more virtuous Africans know well how to administer justice. Their historical destructive behavior have shown that Europeans are virtueless and beastly; so they CANNOT know what 'justice' really means!
And worst of all, Europeans really want to further their relentless efforts at world domination, by demonstrating to the world that Africans cannot dispense justice and have to submit to the Europeans. These are the same unjust Europeans, who refuse to prosecute their own European for the UNPROVOKED mass slaughter of INNOCENT Iraqis!
So, apply the 'Rule of Law', YES! But is MUST be by Africans, in African, for Africans. To hell with the devils of Europe and their delusional quest for world domination.
I think thats the right move now. the kenyan Government had been given enough time to decide on establishing a local tribunal. besides it the rate of corruption with our kenyan leaders is very high and establishing a local tribunal wont lead to justice being done. corruption will creap in as usual and and those reponsible for the death of many kenyans will still sneak out untouched. the kenya top politicians and their ministers are busy grabbing the country's wealth for themselves and care very little about the voice of the suffering "mwanainchi". what has the coalition government done so far? look at the increasing crime in the Nairobi city, look at the corrupt ministers who are associated with embezzlement, look at the starving kenyans, all this is coz of high corruption in our country. our politicians are making our country stink!! my advice to fellow kenyas, "stop being used by politicians like fools. when given sh100 to go and murder a group of people you just go. the politician benefits en u after shedding inocent blood you remain in your utter poverty. lean to use your literacy wisely". kenyas who dont support the hague then support corruption. let the guys be tried in the hague and let the public lean to have peaceful democracy like other nations in the world. we have driven our economy to the bottom with millions being spend repairing the damage of the post election violence. please kenyas act wisely, think wisely!!
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