Kenyas kommende præsident mener sagen mod ham ved den internationale straffedomstol (ICC) smuldrer og afviser alle anklager om at have opmuntret til voldsbølgen efter præsidentvalget i 2007, som krævede over 1.000 dødsofre.
The special hearing in the Hague came a week after charges against his co-accused, Francis Muthaura, were dramatically dropped, BBC online reports Monday.
Mr Kenyatta’s lawyers argue charges against him are now compromised but the ICC prosecutor has said she has additional evidence against him.
In the aftermath of the election in December 2007 – when Raila Odinga narrowly lost to incumbent President Mwai Kibaki – 600.000 were left homeless because of violence.
A key witness – known as witness number four – was present at a meeting where Mr Muthaura and Mr Kenyatta allegedly developed a plan to get the feared Mungiki sect to attack ethnic Kalenjins, seen as supporters of Mr Odinga in 2007.
Mr Kenyatta’s lead lawyer Stephen Kay has argued that as witness four is the only direct person linking Mr Kenyatta to the Mungiki, without him there is no case against his client (han har trukket sit vidneudsagn tilbage, red.).
He urged the judges to send Mr Kenyatta’s case back to the pre-trial chamber for judges to assess what remains of the evidence – and decide whether it is substantial enough to justify a trial.
DOKUMENT
Den internationale straffedomstols resumé af anklagen mod Kenyatta
(kilde: ICC – 2012)
Summary of Decision in Case 2 – the Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali.
As mentioned earlier, the Prosecutor charged Mr. Muthaura, Mr. Kenyatta and Mr. Ali with crimes against humanity of murder, deportation or forcible transfer, rape and other forms of sexual violence, other inhumane acts and persecution (forfølgelse).
Mr. Muthaura and Mr. Kenyatta were charged as indirect co-perpetrators, while Mr. Ali was charged as having contributed to the said alleged crimes against humanity.
As to the crimes, the Chamber found, on the basis of a thorough review of the evidence individually and collectively, substantial grounds to believe that between 24 and 28 January 2008 there was an attack against the civilian residents of Nakuru and Naivasha perceived as supporters of the Orange Democratic Movement, in particular those belonging to the Luo, Luhya and Kalenjin ethnic groups.
The Chamber also found that the attack resulted in a large number of killings, displacement of thousands of people, rape, severe physical injuries and mental suffering.
Thus, the evidence established substantial grounds to believe that the crimes of murder, deportation or forcible transfer, rape, other inhumane acts and persecution were committed.
With respect to the criminal responsibility of Mr. Muthaura and Mr. Kenyatta, the Chamber was satisfied that the evidence also established substantial grounds to believe that they are criminally responsible for the alleged crimes, as indirect co-perpetrators, pursuant to article 25(3)(a) of the Rome Statute, having gained control over the Mungiki and directed them to commit the crimes.
However, in relation to Mr. Ali, the Chamber found that the evidence presented does not provide substantial grounds to believe that the Kenya Police participated in the attack in or around Nakuru and Naivasha. Since Mr. Ali was charged with contributing to the crimes through the Kenya Police, the Chamber declined to confirm the charges against him.
The Chamber will now outline the impact of its decisions on: (1) those against whom the charges have been confirmed; (2) on those against whom the charges have not been confirmed (namely, Mr. Kosgey and Mr. Ali); (3) as well as on the victims.
As a result of the decisions issued today, Mr. Ruto, Mr. Sang, Mr. Muthaura and Mr. Kenyatta are committed to trial. They will be tried before a different Chamber for the charges confirmed. To this end, one or more Trial Chambers will be established by the Presidency of the ICC.
In this regard, the Chamber wishes to highlight that victims, who are already represented before this Chamber, may participate in the trial. Other victims will have the right and opportunity to apply to participate during the trial stage. Victims will have also the right to request reparations, should the accused persons be found guilty.
The Chamber wishes to be unequivocal (umisforståelig) and state that Mr. Ruto, Mr. Sang, Mr. Muthaura and Mr. Kenyatta are merely accused before this Court. The Chamber would like to emphasise, for the purposes of clarity, that the presumption of innocence remains fully intact.
At trial, the Prosecutor will have the burden of proving the guilt of the accused beyond a reasonable doubt, pursuant to article 66 of the Statute. Furthermore, the decisions issued today by this Chamber do not affect the liberty of the accused, which remains undisturbed.
This, however, absolutely depends on the accused’s adherence to the conditions contained in the summonses to appear, which continue to remain in full force. At this point, the Chamber recalls its previous warning to the Suspects that their continued liberty is subject to their non-engagement in incitement of violence or hate speech.
As to Mr. Kosgey and Mr. Ali, the Chamber wishes to clarify that they are no longer Suspects before the Court. However, the Chamber recalls article 61(8) of the Rome Statute, according to which the Prosecutor may present additional evidence requesting confirmation of charges against Mr. Kosgey and Mr. Ali.
(slut)
