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Posts Tagged ‘Fatou Bensouda’

The Chief of the International Criminal Court, Fatou Bensouda speaks

Posted by African Press International on November 25, 2013

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following the issuance of a second warrant of arrest against Jean-Pierre Bemba Gombo, and the arrest of four other individuals

​On 20 November 2013, the Single Judge of Pre-Trial Chamber II issued under seal a warrant of arrest against five individuals for the commission of offences against the administration of justice in connection with the case of The Prosecutor v. Jean-Pierre Bemba Gombo (ICC-01/05-01/08).

Pursuant to this warrant, on 23 and 24 November 2013, police forces in Belgium, France, The Netherlands and the Democratic Republic of the Congo arrested four individuals whom my Office alleges are responsible for offences against the administration of justice under Article 70 of the Rome Statute.  The warrant of arrest was also notified on a  fifth person, Mr. Jean-Pierre Bemba Gombo, who my Office alleges has ordered, solicited and induced these attempts to pervert the course of justice in relation to his on-going trial at the International Criminal Court (ICC).  Since his arrest in 2008, Mr. Bemba has been in detention at the ICC where he is facing charges of war crimes and crimes against humanity.  He completed the presentation of his case before Trial Chamber III on 22 November 2013.

Persons arrested pursuant to the current warrant of arrest are Messrs. Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Narcisse Arido and Fidèle Babala Wandu.  National procedures are on-going for their surrender to the Court.

The individuals arrested include, amongst others, members of the defence team of Mr. Bemba.  It is particularly disturbing that a member of the legal profession is alleged to have intentionally and systematically participated in criminal activities aimed at undermining the administration of justice.

Article 70 of the Rome Statute stipulates that it is a criminal offence for anyone to, inter alia, attempt to corruptly influence witnesses or tamper with evidence, or present evidence known to be false or forged.  If convicted, those found responsible for these crimes may face up to five years imprisonment, or a fine, or both.

I am extremely grateful for the excellent cooperation received from all States involved in facilitating the smooth execution of the arrests and related investigative operations.

Justice must be allowed to take its course.  This warrant of arrest must serve as a warning to would-be perpetrators that my office will not hesitate to bring the full force of the law to bear against cynical – criminal – attempts to deny victims of massive crimes the justice they deserve.


Source:  Office of the Prosecutor


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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.


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Ruto and Sang ICC Trial: Day 1 Part 1 of 3 (10 Sep 2013)

Posted by African Press International on September 17, 2013



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ICC Kenya Case trial starts: Opening Statements on the 10th and 11th of September 2013

Posted by African Press International on September 12, 2013

The Judge speaks: – The Plea taking by the accused persons

Prosecutor Part 1

Prosecutor Part 2

Karim Khan For Mr. William Ruto – Part 1

Karim Khan For Mr. William Ruto – Part 2

Nderitu: Legal representative For the Victims:

Katwa Kigen For Mr. Joshua Arap Sang – :Part 1

Katwa Kigen For Mr. Joshua Arap Sang – Part 2



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ICC: Kenyans may soon see the colapse of Ruto and Sang’s case – Prosecution faced with disaster for lack of witnesses this week

Posted by African Press International on September 10, 2013

DRAMA AT THE ICC, as the  case against Deputy President of Kenya William Ruto and Joshua Sang: Fatou Bensouda seeks adjournment for a week due to lack of witnesses:

Today the 10th of September, the case against Deputy President William Ruto opened in the Hague.

Failure by prosecution witnesses lined up for this week to turn up forces the chest-thumbing prosecutor to request the court for one week adjournment.

After opening statements by the prosecution, the Victim’s lawyer and the Defence, the prosecutor asked the court for adjournment until next Tuesday the 17th September because she lacks witnesses. Prosecutor Fatou Bensouda told the court that she was not able to proceed due to lack of witnesses for now. She told the court that she hopes by next Tuesday she will be able to get some witnesses.

This is very surprising and a shock to many observers who say the prosecution is playing a loosing game. How can they not have even one witness to start with and they have known all along that the case was to start today?.

The Defence lawyer for Ruto, Mr Karim Khan hammered the prosecution accusing the office of laxity during the investigation, saying they only relied on NGOs and their manufactured reports instead of doing their own investigation..

Kenyans who gave a warm sent off to Ruto yesterday Monday at the Jomo Kenyatta International Airport in Nairobi when he flew to the Hague where he was expected to stay for 3 weeks will be shocked to see him back home after only two nights in the Hague.

The prosecution had better accept that the case is very weak, collapsing and do the honourable thing – to withdraw the charges against the Kenyans.

Tomorrow Wednesday, the case will resume at 09.30 am European Time and will adjourn at 14.00, until Tuesday next week, to give time to the prosecutor to look for witnesses.


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Nothing to hide, Nothing to fear: Deputy President William Ruto is in the Hague (ICC) today 14th May 2013 for a Status Conference

Posted by African Press International on May 14, 2013

  • By Korir, Oslo – Norway

This is a sign of nothing to hide, and no fear. A man of character – already Deputy President Ruto knows he has nothing to hide nd fear , thus he decided to travel to the Hague yesterday evening even if it was not a must for him to do so. His lawyers would represent him during this status conference whereby the court wants to fix the hearing dates after postponing the hearing that was scheduled to start on the 28th of this month of May 2013.

The fact that Deputy President Ruto decided to be present in person in the International Criminal Court is great sign that he will cooperate with the court until the end, and the fact that he is now Kenya’s deputy Head of State has not entered into his mind transforming him to ignore the court.

This is a man who says he is innocent, and has put his fate in the hands of his creator, the Almighty God. Mr Ruto Believes he will be exonerated in the end, and will come out of this tormenting period, a very strong man.

Deputy President William Ruto (left) and his wife Rachel Ruto (right) are received by Kenyan ambassador to Netherlands Makena Muchiri at the Schipol Airport May 13, 2013. Mr Ruto is in The Hague to attend ICC's status conference May 14, 2013. REBECCA NDUKU/DPPS

Deputy President William Ruto (left) and wife Rachel Ruto (in red) being received by Kenyan ambassador to Netherlands Makena Muchiri at the Schipol Airport yesterday May 13, 2013. Mr Ruto is in The Hague to attend ICC’s status conference today May 14, 2013. Rebecca Nduku/NDUKU/DPPS  

Deputy President William Ruto has arrived in The Hague, Netherlands to be personally present at a status conference at the International Criminal Court. He left Kenya yesterday night accompanied by his wife, and Attorney General Professor Githu Muigai.

A few hours before leaving Kenya, Mr Ruto welcomed home President Uhuru Kenyatta at the Jomo Kenyatta International Airport (JKIA) at 10.00pm when arrived back int the country from a four-day visit to South Africa. President Kenyatta was in South Africa attending the World Economic Forum on Africa themed “Delivering on Africa’s Promise”.

The status conference at the ICC will discuss Mr Ruto’s request to have his trial moved from May 28th to November. The conference will also discus ICC chief prosecutor Fatou Bensouda’s request to add five witnesses to their list. The conference will also discus modalities – how Mr Ruto will attend the proceedings while at the same time running the country as Deputy Head of State. This is a consideration the court seems to agree to, because Mr Ruto is cooperating with the court and there is not warrant of arrest against him.

The former radio presenter Joshua arap Sang has requested the same as Mr Ruto. He wants his case postponed from 28th of this month to November.

The two men say they are ready to cooperate with the court until the end of the trial because they say they are innocent.

During the start of the Kenya cases at the ICC, brought by Moreno Ocampo, the former Chief prosecutor, there were six suspects, namely President Uhuru Muigai Kenyatta who was then Kenya’s Deputy Prime Minister, Former Head of the Civil Service Mr. Francis Muthaura, Former Commissioner of Police Ali, Deputy President William Samoei Arap Ruto (then MInister of Agriculture and Education), former Industrialization Minister Mr Henry Kosgey and the former Radio Presenter Mr Joshua Arap Sang.

The cases facing Ali, and Kosgey were thrown out at the confirmation of charges hearing. Mr Francis Muthaura’s case crumbled recently, even after charges against him had been confirmed by the Pre-trial chamber.

The cases are falling apart because witnesses that the prosecution rely on are now coming out of the closet saying that they were enticed to lie by being offered comfortable lifestyles in European capitals and other countries including the US, Canada and Australia.

There are strong signs that the remaining cases – Mr Kenyatta’s, Mr Ruto’s and Mr. Sang’s will also see no convictions.


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