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ICC Weekly Update #235 Further Informationonthiscaseisavailablehere

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ICC Weekly Update #235 Further Informationonthiscaseisavailablehere Situation in Kenya On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor’s request to open an investigation proprio motu in the situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March 2011 in two separate cases, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearings in the two cases took place from 1 to 9 September 2011, and 21 September to 5 October 2011, respectively. On 23 January 2012, the judges confirmed the charges only against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi 9 to 13 March 2015 Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn. The trial in the case The Prosecutor v. William Samoei Ruto and Joshua Arap Sang started on 10 September 2013. On 19 September 2014, Trial Chamber V(b) vacated the trial commencement date in the case The ICC-PIDS-WU-235/15_Eng Prosecutor v. Uhuru Muigai Kenyatta, provisionally scheduled for 7 October 2014. On 3 December 2014, the Chamber rejected the Prosecution’s request for further adjournment and directed the Prosecution to indicate either its withdrawal of charges or readiness to proceed to trial. Subsequently, on 5 December 2014, the Prosecutor filed a notice to withdraw charges against Mr. Kenyatta. On 13 March 2015, Trial Chamber V(B), noting the Prosecution's withdrawal of charges against Mr Kenyatta, decided to terminate the proceedings in this case and to vacate the summons to appear against him. On 2 October 2013, Pre-Trial Chamber II unsealed an arrest warrant in the case The Prosecutor v. Walter Osapiri Barasa, initially issued on 2 August 2013, for several offences against the administration of justice, consisting of corruptly influence or attempting to corruptly influence ICC witnesses. Mr Barasa is not in the Court's custody. Decisions and orders Decision assigning judges to divisions Issued by the Presidency on 13 March 2015 Kenyatta Case Trial Chamber V(B) terminates the proceedings On 13 March 2015, Trial Chamber V(B) of the International Criminal Court issued its decision on the withdrawal of charges in the case concerning Mr Uhuru Kenyatta. Noting the Prosecution's withdrawal of charges against Mr Kenyatta, the Chamber decided to terminate the proceedings in this case and to vacate the summons to appear against him. ICC Weekly Update #235 The Chamber stressed also that, although the proceedings shall be terminated, the Court retains jurisdiction over any interference with a witness or with the collection of evidence and that the protective measures ordered for witnesses and/ or victims shall continue, subject to the review by the Court. The Chamber recalled that, in its previous decision of 3 December 2014, it had indicated that, in the event of a withdrawal of charges by the Prosecution at this time, the principle of ne bis in idem would not attach, and it would be open to the Prosecution to bring 'new charges against the accused at a later date, based on the same or similar factual circumstances, should it obtain sufficient evidence to support such a course of action'. The Chamber had also, on 9 March 2015, granted the Prosecutor's request to appeal the decision declining to refer to the Assembly of States Parties the matter in relation to non-compliance of the Kenyan Government with its obligations under the Rome Statute. In its decision today, the Chamber considered that it may be necessary to resume a residual jurisdiction on this case depending on the Appeals Chamber decision on the Prosecution's appeal of the decision regarding the cooperation of the Government of Kenya. Further information on this case is available here. Decisions and orders Decision on the withdrawal of charges against Mr Kenyatta Issued by Trial Chamber V(b) on 13 March 2015 Decision on the Prosecution's request for leave to appeal Issued by Trial Chamber V(b) on 9 March 2015 Ruto and Sang Case Decisions and orders Decision assigning judges to divisions Issued by the Presidency on 13 March 2015 Maanweg 174, 2516 AB The Hague, The Netherlands – Maanweg 174, 2516 AB La Haye, Pays-Bas www.icc-cpi.int 1 Telephone – Téléphone +31(0)70 515 85 15 / Facsimile – Télécopie +31(0)70 515 85 55 Judicial Update Situation in Côte d’Ivoire Côte d’Ivoire, which was not party to the Rome Statute at the time, had accepted the jurisdiction of the ICC on 18 April 2003; on 14 December 2010 and 3 May 2011, the Presidency of Côte d’Ivoire reconfirmed the country’s acceptance of this jurisdiction. On 3 October 2011, the Pre-Trial Chamber authorised the Prosecutor to open an investigation into the situation in Côte d’Ivoire since 28 November 2010. On 22 February 2012, Pre-Trial Chamber III decided to expand its authorisation for the investigation in Côte d’Ivoire to include crimes within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November 2010. Laurent Gbagbo and Charles Blé Goudé are accused of four counts of crimes against humanity (murder, rape, other inhumane acts or – in the alternative – attempted murder, and persecution) allegedly committed in the context of post-electoral violence in Côte d’Ivoire between 16 December 2010 and 12 April 2011. Charges were confirmed against them on 12 June 2014 and 11 December 2014, respectively and their trial assigned to Trial Chamber I. On 11 March 2015, Trial Chamber I joined the two cases in order to ensure the efficacy and expeditiousness of the proceedings. The Chamber will set the trial date in due course. Laurent Gbagbo and Charles Blé Goudé are in the Court’s custody. On 22 November 2012, Pre-Trial Chamber I unsealed a warrant of arrest in the case The Prosecutor v. Simone Gbagbo for four charges of crimes against humanity allegedly committed in the territory of Côte d'Ivoire between 16 December 2010 and 12 April 2011. On 11 December 2014, Pre-Trial Chamber I rejected the Republic of Côte d'Ivoire's challenge to the admissibility of the case against Simone Gbagbo before the Court, and reminded Côte d'Ivoire of its obligation to surrender Simone Gbagbo to the Court without delay. Mrs. Gbagbo is not in the custody of the Court. Decisions and orders Decision assigning judges to divisions Issued by the Presidency on 13 March 2015 Laurent Gbagbo and Charles Blé Goudé Case ICC Trial Chamber I joins the cases concerning Laurent Gbagbo and Charles Blé Goudé On 11 March 2015, Trial Chamber I of the International Criminal Court (ICC) granted the Prosecutor's request to join the cases concerning Laurent Gbagbo and Charles Blé Goudé, in order to ensure the efficacy and expeditiousness of the proceedings. The Chamber vacated the commencement date for the trial in the Gbagbo case, originally set for 7 July 2015, and scheduled a status conference for 21 April 2015 at 09:30 in order to examine procedural issues related to the trial. The Chamber noted that both Mr Gbagbo and Mr Blé Goudé have had charges confirmed against them which arise from the same allegations, namely crimes allegedly committed during the same four incidents by the same direct perpetrators who targeted the same victims because they were perceived to be supporters of Alassane Ouattara. The Chamber also noted that, although their alleged participation in and/or contribution to the conception and implementation of the common plan or purpose is not the same, the conduct of Mr Gbagbo and Mr Blé Goudé, as alleged in the Confirmation Decisions, is nevertheless closely linked. The Chamber also explained that as, according to the Prosecution, largely the same evidence has been and will be disclosed and presented in both cases. After considering the submissions and observations of the Prosecution, the Defence teams of both accused and the Legal Representatives of the victims, the Chamber concluded that a joint trial is appropriate to ensure a fair and expeditious trial. The Chamber concluded that the joinder of the cases would serve the interest of justice by avoiding the duplication of a significant body of evidence that shall be presented to the Chamber, and by ensuring consistency in the presentation and assessment of the evidence. The Chamber also noted that the cases' joinder would allow for a better use of the Court's resources and would reduce the exposure of and hardship to witnesses, who otherwise may have to testify twice. Furthermore, the Chamber considered that separate trials are not necessary to ensure that the accused will not suffer any serious prejudice. In addition, the Chamber designated Judge Geoffrey Henderson as Presiding Judge and as Single Judge for the purposes of trial preparation in the joint case. Decisions and orders Decision assigning judges to divisions Issued by the Presidency on 13 March 2015 Decision on Prosecution requests to join the cases of The Prosecutor v. Laurent Gbagbo and The Prosecutor v. Charles Blé Goudé and related matters Issued by Trial Chamber I on 11 March 2015 Laurent Gbagbo Case Decisions and orders Eighth decision on the review of Mr Laurent Gbagbo's detention pursuant to Article 60(3) of the Statute Issued by Trial Chamber I on 11 March 2015 Decision on Defence's requests seeking leave to appeal the 'Decision on the Legal Representative of Victims' access to certain confidential filings and to the case record' and seeking suspensive effect of it. Issued by Trial Chamber I on 11 March 2015 2 Judicial Update Order reclassifying documents Issued by Trial Chamber I on 10 March 2015 Decision authorising the VWU to make additional observations on the Familiarisation Protocol Issued by Trial Chamber I on 10 March 2015 Simone Gbagbo Case Decisions and orders Decision assigning judges to divisions Issued by the Presidency on 13 March 2015 Situation in Darfur, Sudan There are five cases in the situation in Darfur, Sudan: The Prosecutor v.
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