Kenyan Leader Must Attend Most of Hague Trial The International Criminal Court on Friday told Kenya’s deputy president, William Ruto, that he must attend most of his trial, overturning an earlier ruling that would allow him to be present only on key occasions. The decision by the appeals judges may set a precedent for the Kenyan president, Uhuru Kenyatta, who was also told he could be absent for large periods during his trial, which is scheduled to begin on Nov. 12. Mr. Ruto’s trial has already begun. Both men have been accused of crimes against humanity following the violence after the disputed 2007 election. The election set off ethnic clashes across the country that claimed the lives of more than 1,100 people and displaced some 600,000. The two leaders have mobilized the African Union to support them in a demand that their trials be postponed for at least one year. The African Union has submitted a formal request to the United Nations Security Council to defer the proceedings, but there has been no public reaction from the council thus far. Once political opponents, Mr. Kenyatta, a prominent member of the Kikuyu ethnic group, and Mr. Ruto, a leader of the Kalenjin group, teamed up in the most recent election, with their Jubilee Alliance winning the vote in March. That election proceeded relatively peacefully. Many people fear that the prosecutions in The Hague could upset Kenya’s fragile balance and set off renewed violence. In its ruling on Friday, the Appeals Chamber of the International Criminal Court said that “the absence of an accused person from trial is permissible under exceptional circumstances if the accused has explicitly waived his right to be present at trial.” But it said such absences “should not become the rule.” It cited court statutes as saying that the body’s discretion on the issue of attendance “is limited and must be exercised with caution.” “The Appeals Chamber held that before granting an accused excusal from physical presence at trial, the possibility of alternative measures must be considered, including but not limited to changes to the trial schedule or temporary adjournment,” the ruling said. “Furthermore, any absence should be considered on a case-by-case basis and be limited to that which is strictly necessary. Finally, the rights of the accused must be fully ensured in his or her absence, in particular through representation by counsel.” In September, judges at the court took the unusual step of suspending Mr. Ruto’s trial for nine says so that he could return home from The Hague to assist in the government’s response after gunmen stormed Nairobi’s Westgate shopping mall and killed scores of people. Earlier this week, the African Union said the attack showed that “Kenya is a front-line state in the fight against terrorism” and that the trials would prevent President Kenyatta and Mr. Ruto from “fulfilling their constitutional responsibilities.” The prosecution has not said if it will appeal the particularly lenient rules for trial attendance for Mr. Kenyatta. It was an appeal against similar conditions for Mr. Ruto which led to Friday’s ruling. Mr. Ruto’ s trial began in September and he has been present at the hearings except for the period when the trial was suspended during the Westgate shopping mall crisis.
Posted on: Fri, 25 Oct 2013 12:21:04 +0000
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