Lawyers oppose proposal on ICC case victims

By Felix Olick

Lawyers representing victims of Kenya’s post-election violence at the International Criminal Court (ICC) have differed with the trial judges concerning victims’ participation when the trial process kicks off.

The representatives are opposed to having a common legal representative practising in Kenya as well as victims participation via a video link.

Victims’ representatives Sureta Chana maintained that a common legal representative based in Kenya may not have the independence to represent the their interest citing threats by those with influence.

Reacting to the trials chambers preference to have the common legal representative based in Kenya, Chana said that external pressure would undermine the duties of the common legal representative.

Video-link

 “There is a question on the ability of the common legal representative if he or she is based in Kenya,” argued Miss Chana

“Given that external pressures would be brought to him or her, and his or her practice in Kenya could potentially be threatened by those with influence,” she said.

A lawyer appointed as common legal representative during trial is expected to undertake all work required to represent participating victims.

The cases involve Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, radio journalist Joshua arap Sang and former Head of Civil Service Francis Muthaura.

In her submission to the three-judge Bench, Chana disagreed with the idea of having some victims participate in the proceedings through video-link while others appear in court in person, saying it would lead to two groups of victims.

The judges led by Presiding Judge Kuniko Ozaki had earlier made a ruling that victims will participate either through common legal representative or direct individual participation with the latter involving appearance before the court in person or via video-link.

However, Chana argued that victims participating via video-link would have their voices significantly diminished. She also said that the legitimacy of the process may also be undermined.

The victims’ representative noted that there would be difficulty in determining whether the submission made on their behalf accurately reflect their views.