ICC warns over threats to witnesses

By WAHOME THUKU

The International Criminal Court (ICC) is collecting evidence on threats to its witnesses and will prosecute those involved.

With barely nine months to the start of the trial of four Kenyans suspects at the ICC, the prosecution has raised a red flag over alleged intimidation and threats to witnesses.

“We are collecting evidence against these people because the threats continue and they must stop. We know they will intensify as the trials draw closer, but that will not be allowed,” said Phakiso Mochochoko from Office of The Prosecutor (OTP).

The ICC officials said witnesses in the two Kenya cases and their families were being targeted, a situation that could worsen as the trial nears.

The OPT officials, Phakiso Mochochoko and Shamiso Mbizvo held a session with Attorney General Githu Muigai and the Cabinet Sub-Committee on the ICC Thursday to press the Government to act on the threats.

The officials will this morning meet representatives of several civil society groups in Nairobi to discuss their six-month schedule of programmes in preparation for the trials set to start on April 10 and 11.

“The meeting will certainly revisit the question of witness protection, which is now not about Kenya but an international issue,” said Ndung’u Wainaina, the director of International Centre for Policy and Conflict, one of the organisations doing ground work for the ICC.

Fresh allegations

Deputy Prime Minister Uhuru Kenyatta and former head of Public Service Francis Muthaura are being tried for crimes against humanity in the second Kenya case.  Eldoret North MP William Ruto, and radio presenter Joshua arap Sang face similar charges in the first case.

The charges arise from the December 2007 and January 2008 post-election violence. The Pre-Trial Chamber confirmed the charges in February.

At the same time, the ICC officials confirmed Thursday they were studying fresh allegations related to PEV, made by Miguna Miguna, a former aide to Prime Minister Raila Odinga.

“We are all reading his book with keen interest,” said Mr Mochochoko at a news briefing, but could not confirm if the prosecution was considering calling Miguna as a witness.

Miguna linked other leaders to the violence during the launch of his book Peeling Back the Mask, two weeks ago.

The ICC officials said as further investigations against the four suspects were going on, they were pursuing several incidents involving intimidation of witnesses who have been relocated to other countries.

Mochochoko, the Director of the Co-operation Division of the OPT, said investigations target the four suspects with the view of gathering enough evidence to sustain their trials.

He did not, however, say any of the suspects are implicated in the threats to witnesses.

“The number of witnesses targeted with the threats is enough to warrant investigations,” he told a news conference at a Nairobi hotel.

The matter is likely to be revisited by the court before the trials, and could be the part of the agenda in the planned visit by the new ICC prosecutor Fatou Bensouda. The visit was also discussed with the AG Thursday.

“The Government reiterated its commitment in working with the ICC,” Mochochoko told the news conference.

 “The ICC and the Government agreed that this is a criminal offence under the Rome Statute and the Kenyan law,” he added.

Mochochoko said they were also tracking social media sites for any hint of witness intimidation.

He told reporters that although all their witnesses were outside the country, some of the threats were directed at their families still living in Kenya.

“There is likelihood that there will be more of these threats, as the trial approaches and this must be stopped,” the official said.

He assured the country that the trials would go on irrespective of the outcome of the General Election.

“The ICC is a judicial not a political process. There will be no immunity for anyone, and everyone will be treated in the same way,” Mochochoko said.

The office denied claims the trial dates had been fixed in April with the March elections in mind.

“The dates were set by the judges with the consideration of their work and other cases going on, and the need to give all the parties time to prepare. It had nothing to do with the elections in Kenya,” he said.

Mochochoko said they were not focusing on two former suspects, Tinderet MP Henry Kosgey, and former Police Commissioner Hussein Ali whose charges were not confirmed.

On Thursday Mr Ndung’u said the safety and the security of the ICC witnesses is critical.

“The prosecution was very particular on this issue during the status conferences. It was the reason for the agreement on minimal disclosure of evidence and, in particular, the identity of the witnesses,” he added.

Threat to witnesses

“When ICC seeks the co-operation of the Government it is asking for more than handing over the suspects when and if need be. It is also about assurance of protection and safety of witnesses,” said Ndung’u.

The AG has consistently assured the country that under the law, any threat to the witnesses or their families is a criminal matter.

He raised the matter early this year following claims that some people were hacking into the ICC database and emails and threatening witnesses.

The prosecution has proposed to the Trial Chamber that the identity of witness should be made available to the defence between 60 and 30 days to the trial depending on their status.

On Thursday, the ICC officials said the Government had promised to continue cooperating with the court.