Nairobi: ICC legal representative consults with Kenyan victims on identity disclosure and clarifies distinction between victims and witnesses
NAIROBI, Kenya, August 30, 2011/African Press Organization (APO)/ — From 22 to 24 August 2011, a Court-appointed legal representative of victims, Ms Sureta Chana, held consultations in Nairobi, Kenya, with approximately 100 of the 327 victims authorised to participate in the proceedings in the case The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joseph Arap Sang before the International Criminal Court (ICC). Items discussed included permission to disclose victims’ identities to case parties, the reasons behind the new appointment of a common legal representative and the victims’ concerns for their personal safety.
In line with a Pre-Trial Chamber II order, Ms Chana led the consultations with assistance from the Victims Participation and Reparations Section (VPRS) of the ICC Registry, and organised it in conjunction with civil society organisations in Kenya.
The consultations were held primarily to confirm whether or not the victims consented to having their identities disclosed to the Defence or the public. Ms Chana also noted that non-disclosure of the victims’ identities will not be detrimental to the rights of the Defence, as the victims will not seek to lead evidence or testify during the upcoming confirmation of charges hearing. On the other hand, maintaining confidentiality will reassure victims of their security during and after the confirmation of charges hearing.
As Ms Chana recently replaced a number of former legal representatives of the victims, the meetings were also an occasion for VPRS to explain to the victims the reasons for this change, and to explain the process by which she was appointed. Ms Chana expressed her gratitude to the intermediaries as well as the lawyers who had been working with the victims of the post-election violence in order to enable the victims to exercise their rights before the ICC.
During the meetings, the victims expressed concerns about their personal safety, reporting instances of threats or coercion from within their communities, since they have been wrongly perceived as witnesses rather than victims. In response, the Court is providing protection as necessary to the victims and witnesses. Ms Chana concluded the meetings by promising to raise the views and concerns of the victims before the Court and to “keep the Chamber appraised of the constantly evolving security situation surrounding [her] clients”.
A victim participating in ICC proceedings is a person who has suffered harm as a result of a commission of a crime within the jurisdiction of the Court. A witness testifies before the Court, either on behalf of the Prosecution or Defence. Victims have no obligation to testify. Victims’ participation allows them to express a position independent from both the Prosecution and the Defence and to express their own concerns and views, allowing for their voices to be heard in the courtroom. Victims’ participation is among the most important innovations of the Rome Statute of the ICC. At present, 327 victims have been authorised by Pre-Trial Chamber II to participate in the proceedings in the case against Ruto, Kosgey and Sang. The confirmation of charges hearing in this case is scheduled to start on 1 September 2011.
SOURCE
International Criminal Court (ICC)
