Post: #1
Title: Ruto and Sang case: ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution
Author: ICC Public Affairs Unit
Date: 04-05-2016, 06:10 PM
05:10 PM April, 05 2016 Sudanese Online ICC Public Affairs Unit-Hague- Netherlands. My Library Short URL ICC-CPI-20160405-PR1205 Press release: 05.04.2016
Situation: Republic of Kenya Case: The Prosecutor v. William Samoei Ruto and Joshua Arap Sang Today, 5 April 2016, Trial Chamber V(A) of the International Criminal Court (âICCâ or âCourtâ) decided, by majority, Judge Olga Herrera Carbuccia dissenting, that the case against William Samoei Ruto and Joshua Arap Sang is to be terminated. According to the majority, this decision does not preclude new prosecution in the future either at the ICC or in a national jurisdiction. This decision may be subject to appeal. The Chamber considered the requests of Mr Ruto and Mr Sang that the Chamber find that there is âno case to answerâ, dismiss the charges against both accused and enter a judgment of acquittal. The Chamber also considered the opposing submissions of the Prosecutor and the Legal Representative of the Victims, and received further submissions during hearings held from 12 to 15 January 2016. On the basis of the evidence and arguments submitted to the Chamber, Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr, as the majority, agreed that the charges are to be vacated and the accused are to be discharged. They provided separate reasons for this decision. Judge Fremr found that there is no case for the accused to answer based on an assessment of the Prosecutionâs evidence in accordance with the Trial Chamberâs Decision of 3 June 2014, which outlined the principles and procedure for the Defenceâs submissions of no case to answer. In his view, the Prosecution did not present sufficient evidence on which a reasonable Trial Chamber could convict the accused. Accordingly, he considered that there is no reason to call the Defence to bring their case or to prolong the proceedings any further. Judge Eboe-Osuji, concurring with Judge Fremrâs evidential assessment, also vacated the charges and discharged the accused without prejudice to re-prosecution in the future. However, he declared a mistrial in the case, because it cannot be discounted that the weaknesses in the Prosecution case might be explained by the demonstrated incidence of tainting of the trial process by way of witness interference and political meddling that was reasonably likely to intimidate witnesses. In his opinion, Judge Eboe-Osuji also discussed several matters including reparations, immunities and elements of the âcrimes against humanityâ definition. The majority of the Chamber, having concluded that the Prosecution did not present sufficient evidence on which a reasonable Trial Chamber could convict the accused, also concluded that a judgment of acquittal was not the right outcome, but only vacation of the charges and discharge of the accused. The majority also agreed that there is no reason to re-characterise the charges. Judge Herrera Carbuccia appended a dissenting opinion. In her view, the charges against both accused should not be vacated in the present case as such outcome departs from the legal standard established in the Trial Chamberâs Decision of 3 June 2014. Judge Herrera Carbuccia considered that the Prosecution case had not âbroken downâ and she concluded that there is sufficient evidence upon which, if accepted, a reasonable Trial Chamber could convict the accused. Background The trial of William Samoei Ruto and Joshua Arap Sang opened on 10 September 2013. Mr Ruto and Mr Sang were accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in the context of the 2007-2008 post-election violence in Kenya. Over the course of 157 trial days, the Trial Chamber heard the testimony of 30 witnesses for the Prosecution, including two expert witnesses. During that time, the Chamber admitted into evidence 335 exhibits for the Prosecution, 226 exhibits for the Ruto Defence, and 82 exhibits for the Sang Defence. The Prosecution closed its case on 10 September 2015. At the close of the Prosecutionâs case, the evidentiary record contained 92 photographs, 27 maps, 77 items of audio/visual material, and over 8,000 pages worth of documentary evidence. Throughout the trial proceedings, the Trial Chamber rendered over 400 written and oral decisions. At the close of the Prosecution case, the Chamber admitted into evidence the prior recorded testimony of five Prosecution witnesses for the truth of their content. However, on 12 February 2016, the ICC Appeals Chamber held the statements to be inadmissible. The current decision is thus rendered on the basis of the evidentiary record as it stood on 10 September 2015, when the Prosecution closed its case, minus the prior recorded testimony of the five witnesses concerned. ¡ Public redacted version of Decision on Defence Applications for Judgments of Acquittal
Video statement: ICC Spokesperson Fadi El Abdallah, 5 April 2016 YouTube (for viewing): English; Français Video for download: English; Français Audio for download: English; Français For more information on this case, click here
Topics related to the subject or the author
Sudan Liberation Movement: Darfur administrative referendum is beginning for new historyChief Justice: All Political Systems in Sudan Affirmed Independence of JudiciaryDarfur leaders announce their stances about referendumMusa Mohammed Ahmed: Dialogue is 'unprecedented' opportunity for Sudanese PeopleSudanese Businesswomen Support National DialogueSecond Regional Forum of International Ambassadors for Social Responsibilty Concludes SittingsDialogue's General Secretariat, Mechanism 7+7 to hold press conference FridayAbu Nagma:: Annual Conference of Thought Supports National and Societal DialogueGovernment Announces Rejection to Delivery of Humanitarian Assistances Via South Sudan State BorderAmbassador Barido: Committee Members Agree on different issuesBakri to address first national conference for environment issues and upgrading of urban conductCommittee for Identity Celebrates Elapse of One Month since Start of National DialoguePresidential Assistant: Any Party Wants to Join Dialogue shall be Registered or Informed about RegiOpposition criticises method of detention in SudanOpposition forces boycott Sudan's National DialogueThe National Mine Action Center of Sudan and UNMAS commemorate the Mine Awareness and Assistance inNational Liberation and Justice Party launched in Sudanâs capitalThe dialogue conference kicks off this week: Sudanâs GovernmentSudanâs president to meet the opposition forces on February 21 Sudanâs Al-Bashir to meet the Communal Dialogue Committee tomorrow Political consensus forces describe Presidential address as passiveSudanese presidency to launch new dialogue initiativeKhartoum renews calls for rebels to join peaceDr. Kamara: Sudan did not transfer economic growth into poverty controlDr. Mostafa Osman Ismail: All political powers invited to attend President meeting on SundaySudan Human Rights and Humanitarian Bulletin for the period 01 to 15 March 2014Local launch of the Sudan 2014 Humanitarian Plan (SUHP14)Sudan Human Rights and Humanitarian Bulletin for February 2014Sudan affirms keenness to reactivate mechanisms of Sahel and Sahara groupingAl-doroshab North Court to listen to defendant witnesses in connection with case of killing of SaraIssues No. 6 and 7 of the Sudan Human Rights and Humanitarian Bulletin covering the periods 01 to 1Political consensus forces describe Presidential address as passive
|
|