20091228
allafrica

Nairobi — The International Criminal Court has been urged to publish in local media the rules of procedure and evidence to enable more witnesses make their reports to the trial chambers on 2007 post-election violence.

Consequently, the ICC could extend the 30-day period given to local witnesses to make their representations to the chambers, a human rights lobby has said.

The Kenya National Commission on Human Rights said the actions would allow more victims to give their views.

Article 15 of the Rome Statute says victims may present their views to the pre-trial chambers in accordance with rules of procedure and evidence.

"However it is likely most have been unable to make their representations," KNCHR vice-chairman Hassan Omar, said.

In an interview with the Nation, Mr Omar said Kenyans need to know the process of representations to the Pre-trial chambers.

The victims, he said, also require protection and facilitation to give their views to ICC.

Attorney General Amos Wako, Mr Omar said, should act with speed and table a Bill in Parliament to amend the Witness Protection Act to guarantee witnesses of their security and give them necessary support "to submit their evidence to ICC or make presentations to ICC."

Mr Omar said most victims of the chaos that left 1333 people killed and more than 600,000 uprooted from their homes were contacting KNCHR with hope that they will be given an indication on how to make their representations to the pre-trial chambers.

"The ICC should make it clear how the guidelines are so that victims can present their views without jeopardising their security and safety. The process should further be made more convenient. The 30-day period has almost lapsed. It is not the work of KNCHR to facilitate victims," Mr Omar said.

Through various responsibilities shared across its organs, the court is obligated under article 68(1) of the Rome Statute to provide for the protection of victims and witnesses appearing before the court, including ensuring their safety, dignity, privacy, and physical and psychological well-being.

This obligation extends to all witnesses--without regard to their affiliation with either the prosecution or the defense--and to all victims.

Victims of the post-election violence in the North Rift started presenting their views on whether the ICC should investigate those suspected of being behind the clashes early this month.

This followed an order dated December 10 from judges Ekaterina Trendafilova, Hans-peter Kaul and Cuno Tarfusser of the Pre-Trial chamber II of the ICC in Netherlands.

The order empowers the Victims Participation and Reparations Section to receive and summarise the victims' views before submitting them.ICC prosecutor Luis Moreno-Ocampo's request stated that victims or their legal representatives were notified on November 23 of his intention to request authorisation to commence an investigation into the situation in Kenya.

In response to the notification, victims were to make their representations in writing to the chamber within 30 days after the date of the notification.

"Victims' representations at this particular stage are a procedure of limited scope, which is merely confined to the prosecutor's request for authorisation of an investigation," the document read in part.