Press Release: 18.10.2013
Situation: The Republic of Kenya
Case: The Prosecutor v. Uhuru Muigai Kenyatta
Today, 18 October 2013, Trial Chamber V(b) of the
International Criminal Court (ICC) issued its decision conditionally granting,
the request to excuse Uhuru Muigai Kenyatta from continuous presence at his
trial, scheduled to start on 12 November 2013. The decision was adopted by
majority, Presiding Judge Kuniko Ozaki dissenting. The Majority however
required Mr Kenyatta’s physical presence for the entirety of the following
sessions: the opening and closing statements of all parties and participants,
hearings when victims present their views and concerns in person, the delivery
of judgement in his case and any other attendance ordered by the Chamber. If
applicable, Mr Kenyatta is also required to be present during sentencing
hearings, the delivery of sentencing, the entirety of victim impact hearings,
as well as reparation hearings.
The Majority asserted that violations of any conditions of
Mr Kenyatta’s excusal may result in revocation of the partially granted
request, and/or the issuance of an arrest warrant, where appropriate.
The Majority reiterated, in a similar vein to Trial Chamber
V(A)’s decision of 18 June 2013, which granted Mr Ruto a similar relief, that
Mr Kenyatta’s excusal is strictly granted to accommodate the demanding
functions of his office as President of Kenya, and not merely to gratify the
dignity of his own occupation of that office.
The Majority also stressed that granting such an exception
is motivated in part by not only the need to ensure the fairness and
expeditiousness of the trial in full respect to the rights of Mr Kenyatta as an
accused, but also, the need for due regard for the protection of victims and
witnesses.
Judge Chile Eboe-Osuji appended a separate concurring
opinion, and Presiding Judge Kuniko Ozaki appended a dissenting opinion.
Background:
Mr Kenyatta is charged, as an indirect co-perpetrator, with
five counts of crimes against humanity consisting of murder, deportation or
forcible transfer, rape, persecution and other inhumane acts allegedly
committed during the post-election violence in Kenya in 2007-2008. Charges were
confirmed on 23 January 2012, and the case was committed to trial before Trial
Chamber V(b).
In the context of the Kenyan situation, two other cases are
currently before the ICC: The Prosecutor v. William Samoei Ruto and Joshua
Arap Sang, and The Prosecutor v. Walter Osapiri Barasa.
On 18 June 2013, Trial Chamber V(a) had, by majority,
granted Mr Ruto a conditional excusal from continuous presence at his trial.
However, on 20 August 2013, the Appeals Chamber suspended the implementation of
this decision, pending a final determination of the matter. The Appeals Chamber
will issue its decision in due course.
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.
