ICC to rule on use of recanted evidence in Ruto, Sang case on Friday

The International Criminal Court (ICC) Appeals Chamber will on Friday rule on whether recanted evidence will be used in the case facing Deputy President William Ruto and journalist Joshua Arap Sang.

ICC’s Prosecution had requested the admission of recanted evidence in the case but Ruto and Sang opposed the request saying that it will compromise justice.

In a statement, the ICC Appeal Chamber presiding Judge Piotr Hofmański said the Appeals Chamber of the International Criminal Court, in the appeals of Mr William Samoei Ruto and Mr Joshua Arap Sang against the decision of Trial Chamber V (A) dated 19 August 2015 and registered on 28 August 2015 entitled “Decision on Prosecution Request for Admission of Prior Recorded Testimony”, and pursuant to article 83 (4) of the Statute and rule 158 (2) of the Rules of Procedure and Evidence, will deliver a ruling on the use of recanted evidence in an open court on Friday 12^th, 2016 at 1630HRS (7:30PM EAT).

Late November last year, the Assembly of State Parties (ASP) Plenary ratified the resolution of its Bureau that the controversial Rule 68 on recanted evidence should not apply retroactively.

This means that the recanted evidence in their ongoing cases at International Criminal Court (ICC) will not be used, something ICC said would be determined by its Judges.

Rule 68 was first amended in 2013 during the 12th Session of the ASP to allow the use of prior recorded evidence, popularly referred to as recanted evidence.

The ASP Bureau agreed with Kenya’s proposal to suspend the use of recanted evidence in the case of Ruto and Sang.

The ICC Bureau, which is a 18 member state committee, presented its report with the recommendations to the ASP Plenary, which endorsed them unanimously.

However, Amnesty International said the ASP’s recommendations are not binding and the ICC Judges can still decide to use the recanted evidence.

Amnesty said; “In the meeting of the ASP in The Hague, the Kenyan government threw its full diplomatic weight behind an attack on the ICC’s independence. Its concerted lobbying was aimed at undermining the trial of the Deputy President by using the ASP to pressurize judges in their interpretation of the Rule 68, on the admission of prior recorded testimony from some witnesses who later recanted.”

“However, the efforts of the Kenyan government were rebuffed by a majority of state parties. Although, the Assembly bowed slightly to Kenya’s demands by recording Kenya’s stance on the use of Rule 68 in a report of the proceedings, it stopped short of directly telling the judges how to interpret the rule.”

Ruto and Sang are facing charges of crimes against humanity at the Hague-based court following the 2007/08 Post Election Violence in which at least 1,300 people were killed and over 600,000 others displaced.