Recent Court Documents in the 2 ICC Kenya Cases 27 February 2013

The Defence teams replied to the Prosecution Observations on the Conduct of it’s investigations. This matter arises from the Prosecutor’s application to amend the DCC to include the allegation that some victims of PEV were shot dead. The defence teams argue that Prosecution investigations were unnecessarily protrated and wholly insufficient. They ask the court not to allow any new evidence to support allegations excluded by the Pre-trial chamber as this may create a precedent for the Prosecutor to begin a case with inadequate evidence, hoping once the court confirms the case to continue with investigations up until trial. The result, they feel, will be a continued erosion of defendants’ rights

This, in fact is what the defence teams allege has already occurred in the Kenya cases. They claim that the Prosecutor disclosed a fraction of its evidence for confirmation purposes and brought a completely different case to the upcoming trial. A final point in the defence submissions is the argument that allowing new evidence on the factual allegations will be unjust as the defence has little time before trial to investigate the proposed witness testimony. The defence closes by asking for any decision on this amendment matter to be delayed until the hearing of its application to have the case referred back to the Pre-Trial Chamber.

In the same case, the Trial Chamber rejected the Defence application for leave to appeal the decision on witness preparation. The defence worried that the witness preparation decision was impractical and would prejudice the defence in their preparation for trial. The Trial Chamber felt that the 3 issues on which the defence sought to appeal failed to present ‘identifiable issues’ for a decision or amounted to mere disagreements with the Trial Chamber.

Advertisements

Tagged: , , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Following the Hague trials of 4 Kenyans to the end. A blog by Archie Nyarango

UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

AfricLaw

Advancing the rule and role of law in Africa

%d bloggers like this: