Rules for ICC statements gazetted

October 26, 2010 12:00 am

, NAIROBI, Kenya, Oct 26 – The government has gazetted procedures of recording statements from provincial commissioners and security chiefs in relation to the 2008 post-election violence by investigators from the International Criminal Court.

The special gazette which was backdated to last Friday was issued late on Monday and is an indication that the officers could now start recording their evidence in the presence of High Court judge Kalpana Rawal.

According to the gazette notice, all interviews will be recorded on video and stenography.

Witnesses can decline to answer questions if they think their answers may incriminate them or threaten national security.

A witness is also allowed to indicate if he/she can answer a question or not which the court should respect. Justice Rawal will be required to ensure that rights and privileges of witnesses are protected and respected.

The procedures further require the officers to record their statements in-camera although the court is also allowed to decide if to do it in public as long as the life of the individual being interviewed is not put into any risk.

However it demands the court to ensure that State security is not compromised by choosing public over camera proceedings.

Justice Rawal has been empowered to summon witnesses and if any documents are required, the court is allowed to ask for them to be produced.

The court can do so by issuing summons to the person in possession or in charge of the required documents.

The court is supposed to give the summons personally and the witness is allowed 15 days to appear from the day the court issues the summons.

The gazette notice also indicates that a special registry which will exclusively be managed by Justice Rawal will be established at a safe area.

Justice, National Cohesion and Constitutional Affairs Minister Mutula Kilonzo told Capital News that the Cabinet Committee on International Criminal Court matters met on Monday and scrutinized the procedures appearing in the special gazette.

He said the gazette will formally be issued to the public on Friday.



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