ICC win for Ruto as recanted evidence to be thrown out
27 November 2015, 14:18
Nairobi - It is a big win it seems for DP Williams Ruto after the Assembly of State Parties ASP adopted a report which will exclude the use of recanted statements from his ICC trial at the Hague.
The ASP adopted the report Thursday evening which stops the ICC from using the evidence, which it has called out to do in the ongoing case.
This followed intensive lobbying by Kenya at the ASP that saw a team of 52 sent to the Hague to argue out the matter.
The lobbying got so bad that the country through Foreign Affairs CS Amina Mohammed threatened to pull Kenya out of the ICC.
Kenya's contention was that the adoption of article 68 did not apply to the current case facing Ruto and journalist Joshua Arap Sang who are co accused.
" Following the debate on the supplementary items “Review of the
Application and implementation of Amendments to the Rules of Procedure
and Evidence introduced at the 12th Assembly,” the Assembly recalled its
resolution ICC-ASP/12/Res.7 dated 27th November 2013 which amended rule
68 of the Rules of Procedure and Evidence, which entered into force on
the above date and consistent with the Rome Statute reaffirmed its
understanding that the amended rule 68 shall not be applied
retroactively," The ASP said in its statement.
There is a catch though.
The ICC will still have to decide on the way forward after Ruto appealed the use of the recanted evidence. The trial judges will make a ruling on the matter.
Regardless, it is a big win for Ruto, who will now likely see the use of 6 pieces of evidence that had been recanted likely removed, which will weaken Prosecutor Fatou Bensouda's case against him.
Ruto and Sang have both been accused of crimes against humanity accrued at during the 2008 Post Election Violence.
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