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Kenya Post-Election Violence Suspects Appear at ICC: Latest media statements
07 Apr 2011
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<div>Dear All,</div>
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<div>Please find below the latest media advisories issued by the Coalition for the International Criminal Court (CICC) and Human Rights Watch on the appearance today of suspects William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang before Pre-Trial Chamber II of the International Criminal Court (ICC) for their alleged role in the 2007-2008 Kenyan post-election violence. </div>
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<div>Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the Coalition will not take a position on potential and current situations before the Court or situations under preliminary examination. The Coalition, however, will continue to provide the most up-to-date information about the ICC.</div>
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<div>Best regards,</div>
<div>CICC Secretariat</div>
<div><a href="https://exchange.wfm-igp.net/owa/redir.aspx?C=3b45c20bb4ad4f0d92eff7bfa91718e6&URL=http:;/;/;www.coalitionfortheicc.org" target="_blank">www.coalitionfortheicc.org</a>&nbsp; </div>
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<div>I. CICC MEDIA RELEASE</div>
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<div>1. &quot;KENYA POST-ELECTION VIOLENCE SUSPECTS APPEAR AT ICC&quot; Coalition for the International Criminal Court, Media advisory, 07 April 2011, <a href="https://exchange.wfm-igp.net/owa/redir.aspx?C=3b45c20bb4ad4f0d92eff7bfa91718e6&URL=http:;/;/;www.iccnow.org/;documents/;Ocampo6_Initial_Appearance_CICC_advisory_070411_final.pdf" target="_blank"> http://www.iccnow.org/documents/Ocampo6_Initial_Appearance_CICC_advisory_070411_final.pdf</a></div>
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<div>&quot;WHAT: On 7 April 2011, suspects William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang appeared before Pre-Trial Chamber II of the International Criminal Court (ICC) for their alleged role in the 2007-2008 Kenyan post-election violence. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali are expected to appear on Friday 8 April 2011 at 14:30. On 31 March 2011, the Government of Kenya filed a petition before the Court challenging its involvement in the cases, but that filing does not affect the six suspects&rsquo;&nbsp; obligation to appear before the Court.</div>
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<div>WHY: On 8 March 2011, Judges of ICC Pre-Trial Chamber II issued summonses to appear for the six men, in relation to their alleged roles in the 2007-2008 Kenyan post-election violence. The initial hearings in the two cases are held in order to verify the identity of the suspects and to ensure that they have been informed of the crimes which they are alleged to have committed as well as of their rights under the Rome Statute, the ICC&rsquo;s governing treaty.</div>
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<div>COMMENTS: &ldquo;By addressing the post election violence that saw terrible acts perpetrated in Kenya, today&rsquo;s hearings constitute a step towards accountability and justice for victims, with a view to promoting peace and reconciliation,&rdquo; said William R. Pace, Convenor of the Coalition. &ldquo;In appearing before the ICC, the suspects will be afforded all the rights under the Rome Statute, including the presumption of innocence and the right to fair and independent proceedings,&rdquo; he stated. &ldquo;In parallel to these proceedings and to avoid misrepresentation, the Coalition calls on the ICC to increase its efforts in raising awareness in Kenya about the Court&rsquo;s proceedings,&rdquo; he added.</div>
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<div>NEXT STEPS: A confirmation of charges hearing has been provisionally set for 01 September 2011 following today&rsquo;s initial appearance, in order to determine whether or not to send the cases against the six suspects to trial. The Kenyan Government has however petitioned the Court pursuant to Article 19 of the Rome Statute that these two cases be declared inadmissible, arguing that the adoption of the new Constitution and associated legal reforms have opened the way for Kenya to conduct its own prosecutions for the post-election violence. Under the statute, States have the right to challenge the jurisdiction of the ICC on the grounds that they are investigating or prosecuting a case before the Court or have already done so. Indeed, the ICC only intervenes if national legal systems are unable or unwilling to investigate and prosecute perpetrators of genocide, crimes against humanity and war crimes. Judges of Pre-Trial Chamber II will now have to determine if the cases can be tried at the Court,&nbsp; based on the arguments contained in the government petition. The Rome Statute does not impose a timeframe for the Judges to make that decision.</div>
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<div>BACKGROUND: The ICC prosecutor&rsquo;s investigation into crimes against humanity allegedly committed in Kenya in relation to the 2007-2008 post-election violence was authorized by Judges of PTC II on 31 March 2010, following a request by the ICC prosecutor on 26 November 2009. It was the first time the prosecutor used his &ldquo;proprio motu&rdquo; or discretionary powers to initiate an investigation in the absence of a referral from governments or by the United Nations Security Council.&quot;</div>
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<div>II. HRW MEDIA ADVISORY</div>
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<div>&quot;ICC: First Court Date for Kenya Suspects - Six Summoned to Appear in The Hague for 2007-08 Post-Election Violence&quot;, Human Rights Watch, Media Advisory, 06 April 2011, <a href="https://exchange.wfm-igp.net/owa/redir.aspx?C=3b45c20bb4ad4f0d92eff7bfa91718e6&URL=http:;/;/;www.hrw.org" target="_blank"> www.hrw.org</a></div>
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<div>&quot;Six Kenyans summoned by the International Criminal Court (ICC) on charges of crimes against humanity allegedly committed during the post-election violence in Kenya in 2007-2008 are due to make their first appearances in The Hague on April 7 and 8, 2011.</div>
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<div>An ICC pretrial chamber issued the summonses on March 8, following its prosecutor&rsquo;s request in December 2010. During the proceedings on April 7 and 8, an ICC pretrial chamber will ensure that the six are informed of the crimes they are alleged to have committed and their rights under the Rome Statute, the ICC&rsquo;s founding treaty.</div>
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<div>Those named included leading political and government officials alleged to have been involved on both sides of the violence.</div>
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<div>In one case, William Samoei Ruto, Henry Kiprono Kosgey, and Joshua arap Sang will appear before the court on April 7, 2011 at 9:30 a.m. Central European Summer Time (CEST). Ruto and Kosgey are senior members of the Orange Democratic Movement (ODM), which was in opposition at the time of the elections. They are members of parliament, and, until recently, cabinet ministers. Sang was a radio host on the Eldoret-based Kass F.M. at the time of the post-election violence.</div>
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<div>In the other case, Francis Kirimi Muthaura, Uhuru Muigai Kenyatta, and Mohammed Hussein Ali will appear before the court on April 8, 2011 at 2:30 p.m. CEST. Muthaura is the head of the public service and secretary to the cabinet. Kenyatta is the deputy prime minister and finance minister. Ali was the Kenyan police commissioner at the time of the violence.</div>
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<div>&ldquo;The appearance of the six in The Hague is an important test of their cooperation with the ICC, and we expect them to have every opportunity to make a vigorous defense,&rdquo; said Elizabeth Evenson, senior international justice counsel at Human Rights Watch.</div>
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<div>The Kenyan government on March 31, 2011 filed an application challenging the admissibility of the two cases before the ICC, citing its intent to investigate and prosecute the cases in Kenya. The ICC is a court of last resort, stepping in only where national authorities are unable or unwilling. It was on the basis of Kenya&rsquo;s failure to conduct credible investigations into the violence that the ICC judges authorized the ICC prosecutor in March 2010 to investigate. Some Kenyan government officials have also recently sought a deferral of the cases by the United Nations Security Council.</div>
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<div>To read a Questions and Answers document for further information on the summons to appear, please visit:</div>
<div><a href="https://exchange.wfm-igp.net/owa/redir.aspx?C=3b45c20bb4ad4f0d92eff7bfa91718e6&URL=http:;/;/;www.hrw.org/;node/;97828" target="_blank">http://www.hrw.org/node/97828</a> ...&quot;</div>
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<div>CICC's policy on the referral and prosecution of situations before the ICC:</div>
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<div>The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to-date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts. Communications to the ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands</div>
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