Unregistered Kenya PEV victims fault ICC ruling on evidence submission

BY BEAUTTAH OMANGA

A human rights body now wants the International Criminal Court to review a ruling that locked out any evidence from unregistered victims of the post Election Violence.

The International Centre for Policy and Conflict (ICPC) in a letter to the court expressed reservations on the ruling, terming it prejudicial.

The ICPC director, Ndungu Wainaina, in a letter to Paoline Massidda, the ICC Principal Counsel of the Office of the Public Counsel for Victims, said the trial chamber’s ruling was unacceptable to some of the victims willing to adduce their accounts to the court at some stage.

The Kenyan government filed a case on 30th March 2011 challenging the admissibility of the Kenyan cases.

"We feel that it would be prejudicial following the ruling of the Pre-Trial Chamber II locking out unregistered victims from submitting observations in regard to the admissibility challenge filed by the applicant.

He went on: ‘we therefore humbly request consideration of these submissions in the deliberations and determination of your esteemed office towards the informed resolution of the admissibility application made by the government of Kenya.

The Pre-Trial Chamber II then appointed Massidda’s office to represent victims of the Kenyan situation in the admissibility challenge.

Wainaina informed the ICC that since the post election violence, ICPC has been instrumental in consolidating victims’ voices and facilitating them to air their concerns to duty bearers and different organs of the ICC.

‘Appreciative of the ruling by on 30th March 2011, we as an organization working directly with victims wish to submit to you some concerns raised by unregistered victims over the claims made in the application by the government of Kenya for your consideration in the filing of your submissions on the same,’ he stated.

He said the victims should be allowed to challenge the government’s grounds of opposition to the admissibility of the Kenyan case at the ICC.

On Tuesday Wainaina said the ICC has confirmed receipt of their letter but a decision on the same was yet to be made and communicated.

"We are hopeful that the court will leave the doors open for any victim who will be keen on availing any evidence to the court for the sake of justice’ he told The Standard.

At the close of April 28, a deadline to lodge any complaint before the ICC, Eldoret North MP William Ruto and the government contested the admissibility of the crimes against humanity case against him at the International Criminal Court.

Through his advocate, Katwa Kigen, Ruto was quoted last week saying he is not opposed to the State’s application to have the case referred to Kenya, but he would challenge admissibility if The Hague-based court rejects the petition.

The defence lawyer, who noted the Rome Statute allowed the reservation, added the application would be done in an independent manner at a subsequent stage of the proceedings.