Ruto to attend all hearings pending decision on Bensouda appeal TUESDAY, AUGUST 20, 2013 - 00:00 -- BY EUGENE OKUMU ICC prosecutor Fatou Bensouda has obtained a suspensive effect order from the Appeals court at the Hague temporarily compelling Deputy President William Ruto to be continuously present at the hearings of his trial that is set to begin on September 10. The suspensive effect ruling follows an earlier ruling by Trial Chamber V (a) that through a majority vote that excused Ruto from attending continuous hearings citing among other reason a requirement on Ruto, to attend all opening statements of all parties, attend the hearings of all victims, as well as closing statements and final ruling. Ruto was also instructed as part of his excusal to avail himself for any other hearings as and when directed by the bench failure to which an arrest warrant would be issued against him. Bensouda however appealed this stating that the absence of an accused from trial is a contradiction of Article 63(1) of the Rome Statute which establishes the accused’s presence as a fundamental requirement or condition of the trial. In light of the ruling, DP Ruto will now have to attend all hearings of the trial until the Appeal chamber fully considers and concludes the appeal by Bensouda. “In accordance with the Appeals Chamber’s decision, Mr Ruto is now requested to be present during all trial hearings pending the final determination on the prosecutor’s appeal. The trial is scheduled to open on 10 September 2013. Today’s decision on the suspensive effect will have no bearing on the Appeals Chamber’s final decision, which will be made in due course,” said Judge Sang-Hyun Song, the presiding Judge at the Appeal chamber.
Posted on: Tue, 20 Aug 2013 19:52:37 +0000
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