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Posts Tagged ‘Crime’

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

Posted by African Press International on October 2, 2013


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.




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Kenya case at the ICC: Ruto and Sang case – Trial to open on 10 September 2013

Posted by African Press International on June 6, 2013

Situation: Kenya 

Case: The Prosecutor v. William Samoei Ruto and Joshua Arap Sang

Today, 3 June 2013, the Trial Chamber V(A) of the International Criminal Court (ICC) decided to set the opening of the trial in the case against William= Samoei Ruto and Joshua Arap Sang on 10 September 2013 in order to allow the Defence sufficient time to carry out its preparation.

On 6 May 2013, Trial Chamber V had decided to vacate the date of the trial’s= start, scheduled on 28 May 2013, indicating that a new trial date would be set in due course. The Chamber held a hearing on 14 May 2013, in the presence of the two accused, to discuss procedural matters and other issues including the Prosecutor’s request to add six witnesses to the list of witnesses and the Defence’s request to vacate the trial date to adequately prepare its case. After reviewing the parties and participants’ observations, the Chamber, composed of Judges Chile Eboe-Osuji (Presiding), Olga Herrera Carbuccia and Robert Fremr, authorised the Prosecutor to add two persons to her list of witnesses for this case and set the new date of the trial’s opening accordingly.

The ICC is a permanent international court whose primary purpose is to help to put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, namely genocide, crimes against humanity and war crimes, thus contributing to the prevention of such crimes.



Source icc


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Kenya: Perpetrators of complex crimes walk free due to lack of enough evidence.

Posted by African Press International on May 27, 2013

  • By Maurice Alal, API Kenya

Perpetrators of organized and complex crimes in the country go scot free for lack of an elaborate witness protection program.

A witness protection agency has disclosed that Culprits of crimes like terrorism, piracy, corruption, drug trafficking and money laundering have been listed as among the greatest beneficiaries of a weak witness protection system as witness cannot freely give their accounts in court.

At a workshop in Kisumu, Director of the Witness Protection Agency Mrs Alice Ondieki said that it is impossible for anyone to give evidence in a sensitive case unless their safety is guaranteed.

Mrs Ondieki stressed her agency’s mandate of mounting a strong protection program so that witnesses can testify without fear of reprisal and threats to their lives.

Deputy Director, Mr Peter Mwangi said the state has a duty to care to its citizenry to ensure the experience of testifying does not result in further harm.

Mr Mwangi said other culprits that are benefiting a lot from witness’ fear are human traffickers, election offenders and sexual and gender based violators.

He revealed that the government has acknowledged the need for security of witnesses in complex criminal cases so as to strengthen the criminal justice system.

The Witness protection Act Capt. 79 is meant to provide the framework and procedures for giving special protection, on behalf of the state, to witness and related persons in possession of important information and who are facing risk or intimidation due to their corporation with the prosecution and law enforcement agencies.

“When witnesses fail to testify due to intimidation, the accused persons are acquitted causing the public to lose trust in the criminal justice system,” said Mr Mwangi.

“By protecting the witness you make it hard for them to be threatened,” said Ms Ottilia Maunganidze, a Consultant with the Institute of Security Studies (ISS).

The two day seminar was to offer quick sensitization and dissemination of the witness protection Act (WPA) and regulations there to stakeholders and sensitize government officials from Nyanza Region of the same.

Present were government ministries, departments, agencies, institutions, independent offices and commissions who are major stakeholders in matters related to WPA in Nyanza region.

Kenya is the only country to have a witness protection programme in East and central Africa and the second in Africa after South Africa in the entire continent.

The sensitization programme will go to various towns in Kenya.




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Additional funding for the fight against international crime

Posted by African Press International on May 12, 2013

The Government is to provide NOK 26 million for the United Nations Office on Drugs and Crime (UNODC).

Organised crime undermines development. The criminal networks embezzle the resources that should be benefiting society as a whole and they destroy the environment. Corruption and tax evasion lead to greater disparities between rich and poor,” said Minister of International Development Heikki Eidsvoll Holmås.
Among other things, the funds will be channelled to efforts to combat environmental crime, illegal logging and illegal fishing, with a criminal market estimated to USD 70–200 billion per year, of which a majority is in developing countries. UNODC’s work to fight illegal catches and the trade in endangered animal species will be among the efforts supported. Norway will also support the organisation’s efforts to fight terrorism and corruption.
“UNODC is one of our most important tools in the global fight against organised crime,” commented Minister of Foreign Affairs Espen Barth Eide.
“Organised crime is cross-border and international. Global criminal networks are also a major challenge in Europe, and they were highlighted in EUROPOL’s Serious and Organized crime Threat Assessment (SOCTA 2013). If we are to succeed in the fight against crime in Norway, we must contribute to the fight against crime at the global level,” said Minister of Justice and Public Security Grete Faremo.
UNODC will also use the funds from Norway in the fight against human trafficking, cybercrime and drug trafficking.
“If we are to succeed in the fight against drugs, our efforts must be broad-based. In our international efforts to fight drugs, Norway places particular weight on strengthening drug addicts’ rights to basic health services, and emphasises the importance of prevention,” said Minister of Health and Care Services Jonas Gahr Støre.   

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