Secrets of ICC evidence return to haunt Uhuru

 The crimes against humanity charges against President Uhuru Kenyatta at the International

Fergal Gaynor (left), the lawyer for the 2007-2008 post-election violence victims, and ICC Prosecutor Fatou Bensouda. The crimes against humanity charges against President Uhuru Kenyatta at the ICC, which were withdrawn last month, return to haunt him Monday with the expected release of sensitive evidence. FILE PHOTOS | NATION MEDIA GROUP.

The crimes against humanity charges against President Uhuru Kenyatta at the International Criminal Court (ICC), which were withdrawn last month, return to haunt him Monday with the expected release of sensitive evidence Prosecutor Fatou Bensouda would have used against him should the case have proceeded.

The brief is a record of material evidence from the documents that the prosecution intended to use in the trial phase and sections of witness statements that were previously not publicly available.

The disclosure that was ordered by the ICC judges covers grounds on which the prosecution’s case was built. Even though Ms Bensouda admitted she could not sustain trial with the available evidence, the judges have agreed that a redacted version of the largely sensitive material should be released to the public.

The prosecution withdrew the charges against Mr Kenyatta on December 5, but Mr Fergal Gaynor, the lawyer for the victims, successfully applied for the publication of the prosecution’s Pre-Trial Brief (PTB).

Trial Chamber V (b) of the ICC on December 11 last year ordered Ms Bensouda to file a public version of the brief that she intended to use at the trial as requested by Mr Gaynor.

“The chamber, therefore, considers it to be consistent with its obligation to ensure publicity of the case record to order the filing of a redacted version of the PTB pursuant to Regulation 23 (b) of the Regulations,” the judges said in their unanimous decision.

The judges added: “For the foregoing reasons, the chamber hereby orders the prosecution to consult with the VWU (Victims and Witness Unit) in relation to the second updated PTB, and to file a public redacted version by 1600 hrs (The Hague time) on 19 January 2015.”

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