African Press International (API)

"Daily Online News Channel".

Posts Tagged ‘Arrest warrant’

Feeling the heat! Barasa, the Kenyan journalist wanted by the ICC says, he will spill the beans………

Posted by African Press International on October 4, 2013

Walter Barasa statement on ICC arrest Warrant

ICC warrant: Journalist Walter Barasa

ICC warrant: Journalist Walter Barasa

STATEMENT BY WALTER BARASA (Released on September 22,2013)

My full names are Walter Barasa. I am a journalist. I joined the journalism profession in 1985 after finishing my diploma course. I have worked as a journalist for 18 years most of it with the Nation newspaper and then the People daily.

 

Between 1st and 5th December 2012 I was called by somebody who introduced himself to me as an International Criminal Court (ICC) investigator. He introduced himself as Paul Irani. He informed me that he had been given my name and phone number by somebody who was known to me.

He further informed me that he was an ICC investigator and wanted to meet him in Nairobi. He told me to hire a taxi from Eldoret to Nairobi and that he would pay for the taxi once I arrived in Nairobi because the matter he wanted us to discuss was urgent. He paid Ksh 30,000 to the taxi owner upon arrival in Nairobi.

We met at the Westgate Mall in Westlands. He was with another investigator called Ule. I introduced myself. He told me that he wanted me to help them in connection with a lady in Kiambaa and that she was a witness in a case which was earlier conducted in Nakuru. He told me I was a good man and that I should get the lady to confirm what she had told him on phone because he could not travel to Eldoret which he was told was hostile.

He bought a cellphone for me with an Airtel line to take to the lady. I went and met the lady who confirmed that she had talked with Paul Irani. I later confirmed to Irani that I had met the lady. He requested me to get the lady a temporary passport to enable her go to Uganda for interrogation and statement recording.

When the lady came back she told me that she had been a worker at a certain politicians home and that the investigators had told her to say that she was a cook and that she seen planning meetings being held at the politicians home and had cooked for youths and served them with food as they planned to attack the Kiambaa church.

I asked her whether that was actually true but she told me that it was not true because during the time she was employed by the politician she was actually working as a casual labourer planting tree seedlings and sometimes used to harvest maize.

She also told me that she had left that employment five years before but that she had been forced to say that she was cooking and serving food during the period the violence occurred. I encouraged her to confirm to whether she was ready to defend that position. I asked her how as a Kikuyu she could be allowed to get into a planning meeting and cook and serve food to people who were going to kill her relatives. She told me that she had been told to say that so that the case would be strong.

I warned her that she faced the risk of prosecution if it turned out that she was lying. We ended our conversation and she told me that Paul had sent her to tell me to get her a passport. The investigators sent her a total of Ksh 45,500 and a sum of Ksh 6,000 for facilitation making a total of Ksh 51,500 which the lady (536) withdrew and gave me.

We got the passports and she and her family crossed over to Uganda. We cut off communication for some time until I received a call from the lady using a Ugandan number. She told me that her children were not going to school and that life had become very difficult contrary to what she was promised and her husband was very bitter and wanted them to come back to the country.

She told me she did not want to continue with the case and wanted to come back. I later met Paul Irani at Topelli restaurant near Nairobi hospital and informed him about the ladies complaints and warned him that the lady had threatened to abandon the cause. He promised to address the issue. The lady stopped calling me for some time until a time when she called me on a Burundian number. That is when I learnt that she had been moved to Burundi. She was still complaining of poor treatment. She insisted that since I was the one she knew I should assist her get out of Burundi because she did not have money to get her back in the country.

Communication between us went off again and then a week later she called me from a phone whose code was +423 which is the code for DR Congo with the same complaint. She repeated the same thing that she was fed up and wanted me to assist her and her family back. I told her I did not have money but if I get money I could assist her but in the event that I could not manage she had a right to protest, disclose the truth and ask whoever was in charge to return her into the country.

The calls were so many but when I refused to pick she wrote me numerous text messages which I wish to give you where she was stating the same thing. I wish to read you some of the messages. During the course of my acquaintance with Paul Irani I started developing great doubts on the competence of the Office of the Prosecutors (OTP) investigations. I met the investigators severally at various meetings and raised some of these issues:-

i) At one meeting I challenged Paul and one Silvano from Burkina Faso if they would be able to succeed in establishing the truth when they were carrying out armchair investigations in a hotel on the basis of information from people who were known gold diggers roaming the streets of Eldoret after he showed me a list of the names he had lined up as his sources of information and investigation.

ii) I also reminded him that witness 536 had confided in me she was not in the employment of the politician she was alleging she was working for at the time and she had not been a cook. I told him that the same case had been dismissed by the court in Nakuru. He dismissed my concerns and told me to leave him alone.

He tried sending me to find other individuals whose names he gave me. I contacted some of them. I met some of them but I told him that those people were unreliable.

He flew back sometime in February or March this year then on 13th September this year he contacted me on phone and via email asking me to meet him urgently because my life was in danger and he wanted me to leave the country immediately. He suggested that he meets me at The Hague, Uganda or Nairobi as the last option. I agreed to go to Nairobi on 15th September 2013 for the meeting. The email he wrote to me is attached and I wish to read parts of it. I met him with another white man at Topelli restaurant. I expected a cordial meeting but when I arrived at the meeting Paul Irani ordered me to dismantle all my phones. I accepted to do so after quarrelling for over 10 minutes.

Immediately he told me that he had two options for me:-

i) He told me that he knew that I had been working with the Deputy President to coerce and compromise witnesses and that I should cooperate with him and the prosecution and accept to implicate the Deputy President after which we would fly out of the country with him that night because my life was in danger.

ii) Alternatively he was going to engineer and have a warrant of arrest be issued against me and that I could be jailed for five years. But that as a friend he did not want to be jailed and that the best option was for me to implicate the Deputy President.

I was greatly infuriated by these suggestions. I told him that I did not remember the last time I met William Ruto and I told him if I ever met and spoke with Ruto it was way back in 2007 but from then and up to the time I was meeting him I had not met him but he retorted that I had met him after he came from Japan. I told him that those were lies, I could not accept those lies and that he should go ahead and cause the warrants to be issued. I told him that I was ready to stand in any court to refute those lies.

He told me that I was becoming difficult and he was going to arrest me right away. I told him to dare arrest me. I rose from my chair picked my bag and went to the washrooms but when I came out the two called me back. I was extremely fearful and in order to get away from them, I told them that I would get back to them. They gave me Ksh 7,200 for accommodation and transport. They suggested that after I had considered he options I should escape with them to Uganda. I never contacted them again.

I have now heard rumours, which the prosecution should confirm or deny that a warrant of arrest has been issued against me over an alleged interference/prevention of witness number 536 from attending court.

Am ready and prepared to defend myself against these allegations, which are false. I have special knowledge of all the investigators machinations relating to the recruitment of this witness 536 and others and I will not be blackmailed to tell lies. I am aware of the activities of the investigators and what they are doing now and have done in the past.

I respect the court, I respect the rights of the accused persons to a fair hearing, and the victims right to get justice but I do not accept coercion and unorthodox means of implicating accused persons and conducting investigations to attain an unjust end.

I wish to inform you that the conversation of 15th September 2013 was recorded by Irani and I challenge him to produce the entire unedited clip to the court and all concerned. I also recorded parts of the proceedings which I am ready to produce to prove what I am saying.

I have already instructed my advocate Mr Nick Kaufmann to appear for me and bring the above matters to the attention of the court. I attach here to a letter from my advocate.

Thank you.

Yours faithfully

Walter Barasa.

Advertisements

Posted in AA > News and News analysis | Tagged: , , , , , , , | Leave a Comment »

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the Warrant of Arrest issued against Walter Barasa

Posted by African Press International on October 2, 2013

The Government of Kenya has received a warrant for the immediate arrest and transfer of Walter Barasa to the International Criminal Court (ICC) to face criminal charges.  There is evidence to suggest that Walter Barasa tried to bribe someone he thought was a Prosecution witness in the case against Mr. Ruto.

The Office of the Prosecutor is taking action against those who are alleged to be corruptly influencing Prosecution witnesses.
The Prosecution has conducted a comprehensive investigation on the basis of documented allegations of witness interference, which continues to date. The evidence collected so far indicates that there is a network of people who are trying to sabotage the case against Mr. Ruto et al. by interfering with Prosecution witnesses. Walter Barasa, against whom compelling evidence has been collected, has been part of this network, and his actions fit into this wider scheme that the Office continues to investigate.
Under Article 70 of the Rome Statute, using bribes or threats to influence witnesses to change or recant their testimony is a crime. If found guilty, Walter Barasa faces up to five years in prison, a fine, or both.
We expect Kenyan authorities to arrest Walter Barasa and hand him over to the Court.  He will appear before ICC judges on charges of corruptly influencing and attempting to corruptly influence a person he believed to be a Prosecution witnesses.
The warrant was issued by the Single Judge of the Pre-Trial Chamber after he determined, on the basis of the evidence, that there are reasonable grounds to believe that Walter Barasa corruptly influenced or attempted to influence a person he thought was a Prosecution witness.
During an initial hearing before ICC Judges, Walter Barasa will be informed of the crimes which he is alleged to have committed and of his rights under the Rome Statute. His plea will be entered and the Judges will then set a date for a hearing on the charges. At this subsequent hearing, the Judges will hear submissions from both the Prosecution and Walter Barasa’s Defence on whether his case should go to trial. If the charges are confirmed, the judges will set a trial date. These are the next steps in the case against Walter Barasa.
In the meantime, we continue to monitor and investigate all incidents of witness interference.
The issuance of an arrest warrant in this case should be a warning to others who may be involved in obstructing the course of justice through intimidating, harassing, bribing or attempting to bribe ICC witnesses. My Office will continue to do everything it can to ensure that witnesses are able to present their evidence before the Court without fear. Witnesses who have courage to come forward to testify deserve no less.
The ability of the Court to determine the truth in the Kenyan cases depends on the willingness of witnesses to come forward and present their evidence in the courtroom.  I admire and am grateful for the moral courage displayed by the witnesses involved in these cases.
Through my Office, I will do all within my power to protect the integrity of our cases and ensure that justice is allowed to run its course unobstructed.
End
source.icc

 

Posted in AA > News and News analysis | Tagged: , , , , , , , | Leave a Comment »

Arrest Warrant Unsealed in Kenya situation: Walter Barasa suspected of corruptly influencing witnesses

Posted by African Press International on October 2, 2013

 ICC-CPI-20131002-PR948

Situation: The Republic of Kenya
Case: The Prosecutor v. Walter Osapiri Barasa

Today, 2 October 2013, Pre-Trial Chamber II of the International Criminal Court (ICC) unsealed an arrest warrant against Walter Osapiri Barasa, Kenyan citizen, born in 1972. He is charged with several offences against the administration of justice including corruptly influencing or attempting to corruptly influence ICC witnesses. An under seal warrant of arrest was issued against him on 2 August 2013. This is the first case before the ICC where a suspect is charged with an offence against the administration of justice, in accordance with article 70 of the Rome Statute.

Judge Cuno Tarfusser, Single Judge of Pre-Trial Chamber II, considered that the evidence presented by the Prosecutor established reasonable grounds to believe that Walter Barasa is criminally responsible as direct perpetrator for the crime of corruptly influencing or, alternatively, attempting to corruptly influence witnesses by offering to pay them to withdraw as ICC Prosecution witnesses in the context of the Kenyan cases before the ICC. Allegedly, he has been and is still acting in furtherance of a criminal scheme devised by a circle of officials within the Kenyan administration.

Based on the Prosecutor’s evidence, Judge Tarfusser also found that it is necessary to arrest Walter Osapiri Barasa to ensure his appearance at trial, to ensure that he does not obstruct or endanger the investigation or the proceedings, and to prevent him from continuing with the commission of the crime.

The International Criminal Court is an independent, permanent court that tries persons accused of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

 

End

source.icc

Posted in AA > News and News analysis | Tagged: , , , , , , , | Leave a Comment »

Ivory Coast case at the ICC: Laurent Gbagbo case

Posted by African Press International on June 5, 2013

On Monday, 3 June 2013, Pre-Trial Chamber I of the International Criminal Court (ICC) adjourned the hearing on the confirmation of charges in the case of The Prosecutor v. Laurent Gbagbo and requested the Prosecutor to consider providing further evidence or conducting further investigation on certain points.

Ivory Coast, which was not party to the Rome Statute at the time, had accepted the jurisdiction of the ICC on 18 April 2003; more recently, and on both 14 December 2010 and 3 May 2011, the Presidency of Ivory Coast reconfirmed the country’s acceptance of this jurisdiction. On 3 October 2011, the Pre-Trial Chamber authorised the Prosecutor to open an investigation into the situation in Ivory Coast since 28 November 2010.

On 22 February 2012, Pre-Trial Chamber III decided to expand its authorisation for the investigaion in Ivory Coast to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010. On 15 February 2013, Ivory Coast ratified the Rome Statute. The confirmation of charges hearing in the case of The Prosecutor v. Laurent Gbagbo took place from 19 to 28 February 2013. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest against Simone Gbagbo for four charges of crimes against humanity allegedly committed in the territory of Ivory Coast between 16 December 2010 and 12 April 2011.

End

Source ICC

 

Posted in AA > News and News analysis | Tagged: , , , , , , , , , | Leave a Comment »

ICC Judges decide Laurent Gbagbo fit to take part in proceedings

Posted by African Press International on November 4, 2012

Situation: Ivory Coast

Case: The Prosecutor v. Laurent Gbagbo

On 2 November 2012, Pre-Trial Chamber I of the International Criminal Court (ICC) decided that Mr Laurent Gbagbo was fit to take part in the proceedings before the Court. The judges will soon set a date for the confirmation of charges hearing in the case.

According to the judges’ decision, practical adjustments will need to be made in order to enable him to participate at the confirmation of charges hearing. These may include shorter court sessions, the provision of appropriate facilities to rest during breaks, the possibility for the suspect to excuse himself from all or part of the proceedings and to follow them via video link if he so wishes. The Chamber will determine the appropriate arrangements for the conduct of the hearings in consultation with the Defence and the Registry.

Background

According to the arrest warrant issued against him, Laurent Gbagbo allegedly bears individual criminal responsibility, as indirect co-perpetrator, for four counts of crimes against humanity: a) murder, b) rape and other sexual violence, c) persecution and d) other inhuman acts, allegedly committed in the  context of the post-electoral violence in the territory of C d’Ivoire between 16 December 2010 and 12 April 2011. He was surrendered to the ICC on 30 November 2011 and he appeared before the Pre-Trial Chamber on 5 December 2011.

On 26 June 2012, the Chamber appointed three experts to assist in determining whether Mr Gbagbo was capable of meaningfully exercising his rights in the proceedings against him before the Court. The order to conduct a medical examination followed a filing of the Defence arguing, among other things, that the confirmation of charges hearing – initially scheduled for 13 August 2012 – should be postponed because Mr Gbagbo’s state of health made him unfit to take part in proceedings. On 2 August 2012, ICC Pre-Trial Chamber I postponed the confirmation of charges hearing until the issue of Mr Gbagbo’s fitness to take part in the hearing was resolved.

The confidential medical reports were filed on 19 July 2012. A hearing was subsequently held in closed session on this issue on 24 and 25 September 2012 in the presence of Mr Gbagbo, his Defence, the Prosecutor, representatives of the Registry and the experts appointed by the Chamber.

The ICC is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community, namely war crimes, crimes against humanity and genocide.

source: ICC

—————

Posted in AA > News and News analysis | Tagged: , , , , , , , | Leave a Comment »

 
%d bloggers like this: