Ocampo seeks to begin Kenya probe
The Source: www.nationmedia.com - 07/11/2009
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On Thursday, the prosecutor informed the principals that in accordance with Article 15 of the Rome Statute, he will in December request authorisation from the pre-trial chamber to open an investigation. He must show that there is a reasonable basis to believe that crimes within the jurisdiction of the court were committed and that there are no relevant national proceedings to deal with those crimes
The pre-trial chamber may accept the request, reject it or request additional information. If the pre-trial chamber authorises the request, the prosecutor will formally notify all states and any other states with jurisdiction that he has initiated an investigation into the situation in Kenya.
Criminal acts
Within a month of that notification, any state with jurisdiction over the crimes may inform the court that it is investigating or has investigated criminal acts related to the situation in Kenya. If that happens, the prosecutor will defer to that state unless, upon his application, the ICC judges authorise the prosecutor to proceed.
Once the investigation is open - not before - the prosecutor will deploy investigators to the field to collect evidence and take witness statements. All investigative steps are confidential. Witness security is the prosecutor’s paramount duty and an absolute priority.Once sufficient evidence has been collected to establish reasonable grounds to believe an individual bears criminal responsibility, the prosecutor will request ICC judges to either issue a summons to appear (requesting the suspect to voluntarily appear before the court) or a warrant of arrest.A summon or warrant may be issued publicly or under seal. Thus, only at an advanced stage will names of suspects be known. After the appearance of the individuals before the court, a hearing will be held to confirm the charges. Once the judges conclude that the prosecutor has established substantial grounds to believe that the person bears criminal responsibility, the charges will be confirmed and the case will be sent to trial.
The trial stage
The judges may also decide whether any proceedings could be held at a location other than at the permanent seat of the court at The Hague, such as in the country or the region where the crimes were committed. At the trial stage, the prosecutor must prove the responsibility of the accused beyond reasonable doubt. All persons enjoy the presumption of innocence before the court and the full guarantee of legal rights.It is the policy of the prosecutor to focus investigations on the most grave incidents, to carry our short investigations; and to propose expeditious trials while aiming to represent the main types of victimisation. The cases selected for prosecution will focus on those bearing the greatest responsibility for the most serious crimes. ICC proceedings are about individual criminal responsibility.In accordance with the Rome Statute, victims of the crimes may apply to participate in the proceedings where their personal interests are affected. The court or the ICC Trust Fund may, moreover, award reparations to victims, meaning those affected stand the chance of some form of compensation.
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