Ocampo reveals how he’ll strike


Published on 26/11/2009

By Beatrice Marshall [at The Hague] and James Ratemo [in Nairobi]

International Criminal Court Chief Prosecutor Luis Moreno-Ocampo has made plain his action plan for Kenya’s case. In an exclusive interview with KTN a day before he tries to persuade a three-judge bench he has a solid case, Mr Moreno-Ocampo predicted he would have the go-ahead to investigate by mid-December. However, he said he would not make public names in the ‘secret envelope’ on Friday. Instead, he could spill the beans by mid next month.

The prosecutor will file a request to three pre-trial chamber judges to open investigations into the Kenyan situation on Friday. He will visit Kenya next February or March to meet victims of post election violence one on one.

Moreno-Ocampo said the names in the envelope should be made known by the judges if they grant permission to his request for investigations. He said the judges should reach a decision by mid-December and he expects to begin indictments mid-next year.

"When the judges say ‘Yes’, this is just the beginning. I will go to Kenya and meet the victims. Tomorrow (Friday) is just the first formal step," he said.

Asked if he was already gathering evidence on the Kenyan case, he said: "We cannot collect evidence yet as we have not been given authorisation by the judges. What we will present is the basic information from the Waki Commission and other reports, United Nations reports and others, describing the different problems."

He said the first step was the meeting in Nairobi with President Kibaki and Prime Minister Raila Odinga.

Ocampo during his recent visit to Kenya. Photo:File/Standard

He sought to downplay the fact that Kenya did not formally refer the case to the ICC as agreed in a July 3 deal with his office.

Comprehensive solutions

"We are working as a part of the Kenyan system," he said. "I am a little piece in the search for a comprehensive solution for the Kenyan problem."

On the victims who wish to make their submissions and witnesses, he said ICC would guarantee their security.

Stressing the need for Kenya to find a solution to violence before the 2012 General Election, Moreno-Ocampo said he was impressed with the way Kibaki and Raila are running the Grand Coalition, saying he was sure Kenya would show the world that they are able to resolve their problems.

"That is why I say Kenya can be an example for the world on how to manage a problem and go ahead."

Ocampo has already requested victims of post-election violence to make representations within 30 days starting this week.

Excerpts of interview

Beatrice Marshall: Will the names contained in the Waki Commission envelope be made public this Friday when Pre-trial Chamber Two takes on Kenya’s case?

Moreno-Ocampo: The names will not be made known this Friday. They will be made known by the judges when they grant permission to the prosecutor’s request for investigations. The judges should reach a decision by mid-December and the prosecutor expects to begin indictments mid next year.

Question: What should we expect next?

Answer: Tomorrow I will file a request to the pre trial judges to open investigation into the Kenyan situation? We cannot collect evidence yet as we have not been given authorisation by the judges. What we will present is the information from the Waki Commission and other reports… UN and others. When the judges say ‘Yes’, this is just the beginning. I will go to Kenya and meet the victims. Tomorrow is just the first formal step. I am a little piece in the search for a comprehensive solution for Kenya.

Question: Will the names of victims who shall be making representations to the pre-trial judges be made public and is their security assured? Have you received representations so far from victims of post-election violence after your notice on Monday? If so, how many and who is facilitating their coming to the ICC?

Answer: The prosecutor will come to Kenya in February/March and meet with the victims. The names of the victims making representations will not be made public. The victims are to make their representations to the pre trial judges directly.

Question: Has anything changed as concerns the number of key suspects you are eyeing from Kenya? In the recent past, when you visited Kenya, you said ICC would take on two or three chief suspects with the rest being left for a local tribunal. Has that changed?

Answer:No. But it may depend on the investigations to be conducted by the prosecutor. This will come to light only after he begins investigations.

Question: Is the commitment from Kenya’s two principals to co-operate with ICC sufficient to ensure smooth prosecution?

Answer: Yes, there is commitment. It is a work-in-progress. The two principals gave their commitment to co-operate.

Question: What should Kenya do to avoid a repeat of the violence?

Answer: It is necessary for Kenya to find a solution before 2012. People tell me that every time there is an election there is violence, but 2008 was the worst. I am very impressed about how the leaders are managing the coalition. The leaders can show the world that they are managing this problem and there will be no violence in 2012. That can be an example for the world.

 

 

Read all about: Waki Commission 2012 Elections

 

 

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