Ocampo statement on Kenya case

April 1, 2010 12:00 am
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, THE HAGUE, Apr 1 – The judges decided. There will be justice in Kenya. To contribute to the prevention of crimes during the next election we must proceed promptly. We will. There is a list of 20 suspects, but it is not binding.

We envision at least two cases against one to three persons in each case. We will focus on those most responsible according to the evidence that will be impartially collected. We aim to finalize the bulk of the investigation during 2010. We will present our case before the Judges. They will decide. This is a judicial process.

The investigation will focus on those most responsible for the most serious incidents. We will try to conduct an expeditious investigation, aiming to present a sample representative of the crimes committed.

We envision at least two cases against one to three persons in each case. We will focus on those who, according to the evidence that will be collected in the course of our independent investigation, are most responsible.

The Office has presented a preliminary list of 20 political and business leaders to the Judges, belonging to or associated with both parties, the PNU and ODM. As you know, this list was just indicative. It is not binding.

We have to collect evidence to finally decide on the names of those who could go to trial. Our duty is to investigate both incriminating and exonerating information. Persons under suspicion can request to be interviewed by my Office in order to provide the explanation that they consider appropriate. We will respect the rights of suspects.

Now that the opening of the investigation has been authorized, I will travel to Kenya in May. I will meet with those who suffered from the violence, and I will visit some of the crime scenes. I will listen to the victims; respect their views and request justice for them in Court.

We have a duty to protect each of our witnesses and we will do it independently. It is also the responsibility of the Kenyan authorities to ensure that all those who speak in favour of justice are duly protected.

We normally call few witnesses to trial, around 30 in the Lubanga case, and a similar number in the Katanga/Ngdujolo case. We will try to present a reduced number of witnesses in the Kenyan cases in order to limit the risk of exposure.

We plan to finalize the bulk of the investigation during 2010. We will present our case before the Judges. They will decide. This is a judicial process.

We will evaluate the best way to ensure the appearance of the suspects in Court. We can request a sealed arrest warrant, a public arrest warrant or, if the suspects express willingness to cooperate and accept to appear voluntarily, a summons to appear. The judges will then decide.

I will engage in this process with the Kenyans, with all the communities. This Court is their Court. Kenyan leaders ‐ women, youth, tribal, judicial, political, religious, all have a role to play. I want to understand them and analyze how my office and all Kenyans can work together to prevent of future violence.

The 50th anniversary of Kenya’s independence is coming, it will be a historic opportunity to show an example of how one country overcomes violence.

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