By Jessica A Badebye International Criminal Court (ICC) Prosecutor Fatou Bensouda and her predecessor Luis Moreno Ocampo have been warned of a possible prosecution in the European Court of Justice, if all cases against Kenya in the Post-Election Violence (PEV) 2007/8 case are not dropped. Consequently, the ICC Presidency, headed by Judge Sang Hyun Song, has also been petitioned for what has been described as “looking on as the two prosecutors misused the court by using fake evidence, fake witnesses, coaching of investigators and witnesses by intermediaries of the Office of the Prosecutor (OTP) in the PEV 2007/8 case against Kenya without reprimand.” The warning and petition have been made by the Director, African World Media Ltd, Dr David Matsanga, in his closing petition under Article 38 of The Rome Statute to the ICC Presidency regarding its administration of the court, this week. Dr Matsanga argued that administration of the court failed and ignored all complaints raised by court participants, about the fake evidence and other malpractices procured by the OTP, breaching Article 38 of the statute. Article 38 spells out the duties and responsibilities of the Presidency of the ICC in its primary role to ensure proper administration of the court which also includes, disqualification of the prosecutor and his/her deputy on the basis of their prior involvement with a case. He called upon Judge Sang Hyun Song to institute an independent panel to investigate how the OTP was allowed to use recanted evidence against Kenyan President Uhuru Kenyatta. “It calls for a serious inquiry on how OTP was allowed to fake evidence and use recanted evidence of OTP 4 in Mr Uhuru Kenyatta’s case,” Matsanga cried. He cited the recent 8th October status conference of President Kenyatta in which OTP once again laid its flawed evidence despite glaring irregularities. Matsanga, as amicus curiae, further blamed the ICC Presidency for continuously ignoring his over 10 appeal applications, pointing out the same which have now affected the case at tertiary stages.... wenye wivu wajinyossssssss
Posted on: Mon, 20 Oct 2014 16:53:26 +0000
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