ICC may choose to use recanted evidence in Ruto, Sang case – Amnesty

Amnesty International now says that Deputy President William Ruto and radioman Joshua Arap Sang should not celebrate the Assembly of State Parties’ (ASP) recommendations that Rule 68 should not be applied retroactively.

Amnesty says that despite Kenya’s agenda sailing through the ASP Bureau Committee and Plenary is not binding and the International Criminal Court (ICC) judges can still decide to use the prior recorded testimony, otherwise referred to as recanted evidence.

In a statement to the newsrooms, 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.”

Netsanet Belay, Amnesty International’s Regional Research and Advocacy Director for Africa, said that if the ASP dictated or directed the ICC on how to interprete its recommendations “would have been an absolutely unacceptable level of interference with the Court” saying that ASP demonstrated the Court’s independence.

Amnesty International warns that the ASP must continue to be on its guard against attempts to interfere with the Court’s independence.

“Although the worst outcome was avoided at this session, states came dangerously close to setting a precedent allowing political interference with the judicial functions of the Court,” read the statement in part.

“States parties to the ICC must defend the independence of the Court. No state party should ever be allowed to use the threat of leaving the ICC to undermine the Court’s independence or seek to influence the proceedings of a particular trial.”

Amnesty International says that it believes the judges will be able to resist any real or perceived attempts at interference with their independence.

“The failure of the Kenyan authorities to ensure justice, truth and reparation for victims of the horrific crimes committed during the post-election violence illustrates the vital need for Kenya to remain a state party to the Rome Statute under the jurisdiction of the ICC,” adds Belay.

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.