Uganda, Namibia want to join the DP Ruto, Sang case at the ICC

Uganda, Namibia want to join the DP Ruto, Sang case at the ICC

Uganda and Namibia have filed separate request at the International Criminal Court (ICC) to make observations on recanted testimony in the case against Deputy President William Ruto and radioman Joshua Arap Sang.

The two countries filed their requests despite the African Union filing a similar one.

Ruto and Sang had filed an appeal at the Hague-based court challenging the decision by the prosecution to use the prior recorded testimony, otherwise known as recanted testimony.

The Republic of Uganda submits that it considers it desirable, and in the interest of justice, that the Chamber hears from it on several of the issues which have been certified for appeal filed by DP Ruto and Sang.

“The Republic of Uganda, a State Party to the Rome Statute, requests leave to file amicus curiae submissions, pursuant to Rule 103(1) of the ICC Rules of Procedure and Evidence (‘ICC Rules’), in the appeal by William Samoei Ruto and Joshua arap Sang against the ‘Decision on Prosecution Request for Admission of Prior Recorded Testimony’,” wrote Uganda.

On the first issue, Uganda wants to make observations on whether the amended Rule 68 of the Rome Statute can be applied in this case without offending Articles 24(2) and 51(4) of the Statute.

On the second issue, the Republic of Uganda wants to make observations on whether written statements and transcripts of interviews taken in accordance with Rules 111 and 112 of the Rules can qualify as ‘prior recorded testimony’ for the purpose of Rule 68 (2)(c) and (d), to be admitted for the truth of their contents.

It further wants to be heard on whether the Impugned Decision erred in its consideration of ‘interests of justice’ pursuant to Rule 68(2)(d) of the Rules.

The application by Uganda was filed on October 5th this year by the country’s Attorney General

“The decision under appeal is the first application of the amended version of Rule 68 at the Court. The interpretation to the amended Rule 68 rendered by the majority in the impugned Decision raises important, novel and complex propositions,” further wrote Uganda.

“It would be in the interest of justice for the Appeals Chamber to hear observations and perspectives from States Parties, such as the Republic of Uganda, in order to arrive at outcomes that satisfy the demands of fair trial as contemplated under the Rome Statute.”

On the other hand, the Republic of Namibia submits that it is appropriate and desirable for the proper determination of the case for the Chamber to hear from it on the first appealable issue on whether the amended Rule 68 of the ICC Rules can be applied in this case without offending Articles 24(2) and 51(4) of the Rome Statute of the International Criminal Court (‘Rome Statute’).

The legitimate expectations of States Parties that negotiated the text of the amended rule was that the amended Rule 68 was subject to the condition that it would not be applied retrospectively, an expectation which ought to be brought to bear on the chambers understanding and utilization of the rule.

Namibia argued: “To disavow the understanding of the negotiators of this rule as immaterial would be to render impotent a critical legislative organ of the Rome Statute and frustrate the legislative intention of the rule as amended.”

The African Union had argued that its observations, if allowed by the Appeals Chamber of the ICC, are likely to assist in the proper determination of whether the amended rule can be applied in this case without offending prejudice to the rights of the accused.

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uganda ICC DP Ruto Namibia

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