But it may not be entirely impossible down the road if the Court’s prosecutors manage to prove that there has actually been witness tampering. A mistrial, however, permits prosecutors to re-open the case in the future if new - and better - evidence comes to light.Īt the moment, it is hard to imagine such a re-trial happening. Had they received that, neither Sang nor Ruto could be re-prosecuted in the future at the ICC. They had sought a positive ruling with regards to their no-case-to-answer motion. Sang and Ruto’s defence counsel had actually hoped for something more than a mistrial or termination of the case. In other words, Eboe-Osuji rather curiously blamed the political forces behind the defendants for a mistrial which ultimately benefits them and sets them free.īut that isn’t the whole story. The defendants got something that they desperately wanted (the end of their trial) but for reasons they couldn’t possibly agree with (that Kenyan operatives intimidated witnesses and interfered with the trial on their behalf). Eboe-Osuji concluded that a mistrial had to be declared “due to a troubling incidence of witness interference and intolerable political meddling.” This is somewhat of a peculiar view. In the opinion of presiding Judge Chile Eboe-Osuji, the case was a mistrial (the first such ruling in the ICC’s history). Witness Intimidation and Prospects for a Re-Prosecution? Here are a few thoughts on what the ruling could mean going forward. The ruling brings to an end a gruelling, dramatic, and controversial epoch in the Court’s history. They join others, most notably Kenyan President Uhuru Kenyatta, in being freed from their trial in The Hague. This afternoon, in a much anticipated decision, ICC Judges “terminated” the case of Deputy President William Ruto and his co-accused, journalist Joshua Arap Sang. What started out as the “ Ocampo Six” - a reference to the ICC’s first chief prosecutor and the six individuals he targeted for crimes against humanity - is now the “Ocampo Zero”. Almost six years after the International Criminal Court (ICC) intervened to investigate those responsible for the 2007-08 post-election violence in Kenya, everyone of the Court’s targets has escaped judgement day. William Ruto received a string of congratulatory phone calls after the ICC Judges made their ruling (Photo: DPPS)
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |