KENYA: Bloggers and the social media in Kenya have caused the trial of Deputy President William Ruto at the ICC to go into closed session to protect the first prosecution witness.
The judges ruled yesterday that testimony from Witness 536 would be taken away from the glare of cameras and the public to protect the identity of the witness. Public proceedings from The Hague on Wednesday became the top subject on social media, with discussions centering on the identity of the witness. The ruling by the ICC judges effectively locked out the media and the public from the chamber and from further evidence of the first witness to take the stand against Ruto and his co-accused, former radio journalist Joshua Sang.
And even as the drama was unfolding at The Hague, the African Union announced that it had called an extraordinary summit in Addis Ababa, Ethiopia, on October 13 to discuss the Kenyan cases.
The meeting by the 54-member organization, which has voiced its opposition to the ICC process, is seen as crucial in determining the continent’s next course of action with regard to the Rome Statute.
Already the Kenyan Parliament and the Senate have passed motions seeking to pull Kenya out of the Rome Statute.
Foreign Affairs Cabinet Secretary Amina Abdalla has embarked on shuttle diplomacy targeting several African states to drum up support for the cause.
Unmask identity
But according to Reuters, President Uhuru’s spokesman Manoah Esipisu was quoted as saying the country had not canvassed for the AU summit, but “welcomed the opportunity by African leaders to discuss what is obviously an important matter for the continent”.
On Thursday, the judges ruled that the testimony of the first witness would now be heard in closed sessions only.
The three-judge bench handling the case took the decision citing security threats against the witness and attempts to unmask her identity.
Presiding Judge Chile Eboe-Osuji maintained that the Chamber had the responsibility to protect the physical and psychological wellbeing of the witness as enshrined in Article 68 (1) of the Rome Statute“Even after protective measures were undertaken, attempts were still made to breach such protective measures. As a result, the Chamber grants the prosecution’s application that the rest of the witness testimony be conducted in closed sessions,” he ruled.
The prosecution team lead by Anton Steynberg raised the red flag after the witness declined to testify on Wednesday following alleged intimidation from her family and fears that her identity had been revealed.
However, the decision to lock the public out of the sessions threw legislators who accompanied Ruto to the International Criminal Court into a spin.
They quickly went into a private meeting to discuss their stay in the Netherlands, since they could now not access the public gallery.
Initially, there were reports that the lawmakers were plotting to protest against the judges’ decision but the idea appeared to have been shelved.
In their decision yesterday, the judges said the witness, who had given chilling testimony on Tuesday regarding the harrowing events surrounding the burning of the Kiambaa Church, had demonstrated “exemplary courage” by agreeing to continue with her testimony.
“It is indeed an exemplary act of courage to continue with her testimony undeterred,” Judge Osuji said.
“Such acts of courage are encouraged for both the prosecution and defence witnesses because that is the only way we can determine the truth,” he added.
The judges ordered that redacted versions of the witness testimony should be made available to the public.
Defence lawyers led by Karim Khan tried unsuccessfully to convince the judges to have the witness testify in public.
Khan and Katwa Kigen insisted that adequate protective measures had been taken to conceal the identity of the witness, including distorting the witnesses’ voice and face, and her relocation from Kenya.
“The thrust of allegations against my client should be made publicly. We want to expose the lies in this case. That should not be hidden,” Khan stated.“We have evidence that a group of witnesses were promised that they would testify in closed sessions,” he said.
The decision by the judges comes only a day after the bench issued a stern warning to the press, bloggers and social media users over attempts to lift the lid on the identity of the witness.
“Members of the press, bloggers, social media members or participants and their web hosts are particularly called upon to desist from anything that would reveal or attempt to reveal the identity of protected witnesses. Such conduct will be investigated and the culprits will be prosecuted,” warned judge Eboe-Osuji.
He warned that it was an offence for anyone to do anything intentionally that would amount to corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness or retaliating against a witness for giving testimony.
On Wednesday, the MPs and senators caused drama at The Hague as they expressed their frustration over frequent closed sessions.
They told ICC Registrar Herman Von Hebel that the court was becoming political and was not alive to the fact that they were trying a deputy Head of State.
They also questioned the impartiality of the proceedings saying witnesses were being “pampered.”
“It’s very clear that you are only concerned about the witness even when she is telling lies to the judges. What about the mental torture that you are causing to the accused’s family,” said Baringo MP Grace Kiptui.
The first witness gave a harrowing account of the attack on Kiambaa Church where 30 women and children were burnt to death.
Her testimony captured the cruelty of the January 1, 2008 attacks in which, she said, assailants threw her baby into the raging inferno at the church.
The judges ruled yesterday that testimony from Witness 536 would be taken away from the glare of cameras and the public to protect the identity of the witness. Public proceedings from The Hague on Wednesday became the top subject on social media, with discussions centering on the identity of the witness. The ruling by the ICC judges effectively locked out the media and the public from the chamber and from further evidence of the first witness to take the stand against Ruto and his co-accused, former radio journalist Joshua Sang.
And even as the drama was unfolding at The Hague, the African Union announced that it had called an extraordinary summit in Addis Ababa, Ethiopia, on October 13 to discuss the Kenyan cases.
The meeting by the 54-member organization, which has voiced its opposition to the ICC process, is seen as crucial in determining the continent’s next course of action with regard to the Rome Statute.
Already the Kenyan Parliament and the Senate have passed motions seeking to pull Kenya out of the Rome Statute.
Foreign Affairs Cabinet Secretary Amina Abdalla has embarked on shuttle diplomacy targeting several African states to drum up support for the cause.
Unmask identity
But according to Reuters, President Uhuru’s spokesman Manoah Esipisu was quoted as saying the country had not canvassed for the AU summit, but “welcomed the opportunity by African leaders to discuss what is obviously an important matter for the continent”.
On Thursday, the judges ruled that the testimony of the first witness would now be heard in closed sessions only.
The three-judge bench handling the case took the decision citing security threats against the witness and attempts to unmask her identity.
Presiding Judge Chile Eboe-Osuji maintained that the Chamber had the responsibility to protect the physical and psychological wellbeing of the witness as enshrined in Article 68 (1) of the Rome Statute“Even after protective measures were undertaken, attempts were still made to breach such protective measures. As a result, the Chamber grants the prosecution’s application that the rest of the witness testimony be conducted in closed sessions,” he ruled.
The prosecution team lead by Anton Steynberg raised the red flag after the witness declined to testify on Wednesday following alleged intimidation from her family and fears that her identity had been revealed.
However, the decision to lock the public out of the sessions threw legislators who accompanied Ruto to the International Criminal Court into a spin.
They quickly went into a private meeting to discuss their stay in the Netherlands, since they could now not access the public gallery.
Initially, there were reports that the lawmakers were plotting to protest against the judges’ decision but the idea appeared to have been shelved.
In their decision yesterday, the judges said the witness, who had given chilling testimony on Tuesday regarding the harrowing events surrounding the burning of the Kiambaa Church, had demonstrated “exemplary courage” by agreeing to continue with her testimony.
“It is indeed an exemplary act of courage to continue with her testimony undeterred,” Judge Osuji said.
“Such acts of courage are encouraged for both the prosecution and defence witnesses because that is the only way we can determine the truth,” he added.
The judges ordered that redacted versions of the witness testimony should be made available to the public.
Defence lawyers led by Karim Khan tried unsuccessfully to convince the judges to have the witness testify in public.
Khan and Katwa Kigen insisted that adequate protective measures had been taken to conceal the identity of the witness, including distorting the witnesses’ voice and face, and her relocation from Kenya.
“The thrust of allegations against my client should be made publicly. We want to expose the lies in this case. That should not be hidden,” Khan stated.“We have evidence that a group of witnesses were promised that they would testify in closed sessions,” he said.
The decision by the judges comes only a day after the bench issued a stern warning to the press, bloggers and social media users over attempts to lift the lid on the identity of the witness.
“Members of the press, bloggers, social media members or participants and their web hosts are particularly called upon to desist from anything that would reveal or attempt to reveal the identity of protected witnesses. Such conduct will be investigated and the culprits will be prosecuted,” warned judge Eboe-Osuji.
He warned that it was an offence for anyone to do anything intentionally that would amount to corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness or retaliating against a witness for giving testimony.
On Wednesday, the MPs and senators caused drama at The Hague as they expressed their frustration over frequent closed sessions.
They told ICC Registrar Herman Von Hebel that the court was becoming political and was not alive to the fact that they were trying a deputy Head of State.
They also questioned the impartiality of the proceedings saying witnesses were being “pampered.”
“It’s very clear that you are only concerned about the witness even when she is telling lies to the judges. What about the mental torture that you are causing to the accused’s family,” said Baringo MP Grace Kiptui.
The first witness gave a harrowing account of the attack on Kiambaa Church where 30 women and children were burnt to death.
Her testimony captured the cruelty of the January 1, 2008 attacks in which, she said, assailants threw her baby into the raging inferno at the church.
It shows the impact of Social Media Services in real life. It's just a beginning, we'll see more by coming months.
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