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Archive for the tag “International Criminal Court”

ICC: Lessons learned from the Kenyatta Case of 2011

The Internal Investigation of the botched International Criminal Court (ICC) case of the ‘Kenyatta Case – The Prosecutor v. Uhuru Muigai Kenyatta – FORMERLY – The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali, ICC-01/09-02/11’, which the investigation started in Kenya in October 2010 and failure to produce anything binding or to justify the charges against them. So the charges was dropped by 2013 and 2014. While the whole case was terminated by March 2015.

Now the ICC has suddenly dropped an statement into their internal investigation into why it ended like this. Even if they have the warning, of if any of the judges get new evidence on the case. They might re-open it. However, what this states is very serious and the acts done to interfere in the investigation. Says also a lot, also about the shortfall of the jurisdiction and help from the government of Kenya. Which isn’t weird, as the state was investigating the President and allies of him. They don’t want any issues with an foreign court. That is all natural in the scheme of things.

Just look here:

The prosecutorial process in the Kenya cases, the experts found, was hampered by deadlines set by the first Prosecutor that were based on considerations other than what they considered to be sound prosecutorial practice. In their view, the effectiveness of the investigations and prosecutions was significantly undermined by a “decision over assessment” tactic respecting cases and a target-based – as opposed to evidence-based – approach to investigation and charging. This, coupled with other problems, meant that the prosecutions were burdened with weak cases, relying on one or only a small number of insider witnesses – whose evidence could not be independently verified by the OTP – to establish essential elements of the case” (ICC, 26.11.2019).

The key point concerning the Government of Kenya was the OTP’s delay in seeking the assistance of the Trial Chamber to compel cooperation, resulting in part from the contradictory approaches advocated by JCCD and PD (that is, continue to try to persuade the authorities to cooperate versus applying to the Trial Chamber for a finding of non-cooperation against the Government, respectively). This lesson has been taken on board. The OTP also has a range of strategies to secure cooperation from States Parties and situation countries, and these are still evolving” (ICC, 26.11.2019).

The investigations were further undermined by the decision to delay in-country investigations, which did not take place until after the CoC hearings. Unfortunately, after those hearings, investigating in Kenya became much more difficult: support for the ICC among Kenyans had been eroded by a concerted campaign of negative propaganda; OTP personnel were followed, putting them and anyone they contacted at risk; the witness interference orchestrated by the suspects/accused became even more pervasive; and the Government of Kenya (GoK) became even less willing to co-operate, if not actively interfering with OTP operations and witness security” (ICC, 26.11.2019).

As noted above, the GoK did not support the OTP investigative activities, instead it either allowed interference with witnesses inside and outside of Kenya and with OTP activities in Kenya, including surveillance of OTP investigators, and/or may have been directly involved in such interference. It refused Requests for Assistance (RFAs) thereby hampering the OTP’s ability to access potential evidence, or imposed such conditions or access as to, in reality, make that access so cumbersome as to be unworkable” (ICC, 26.11.2019).

We can see the ICC started this out on the wrong premise and lost because of it. They couldn’t present well enough evidence, either because of the deadlines. Nor the way the small pockets of witnesses was silenced. This was done, as the ICC haven’t secured them or ensured their safety. This was a mismanaged approach by the ICC and the ones seeking justice on this case. The Kenyatta case was finally dropped, because the ICC and their partners hadn’t done their job, neitehr had the Government of Kenya done its either. Therefore, this one got stalled and the charges got dropped.

Like the charges against William Ruto, Joshua Arap Sang and Uhuru Kenyatta. This was done because out of the 10 witnesses supposed to be put forward, only 5 showed up. That means the prosecution and the material they could assess wasn’t substantial enough nor digging deep enough. The ICC didn’t do their work and the Kenyans was doing internal actions to ensure the ICC didn’t get a case to begin with. They silenced the witnesses and intimidated the ones who could have come forward to the ICC.

This should be a lesson for the ICC. That to quick deadlines, not enough work with the coordinated leadership of where they charging people and get the proper jurisdiction might be more important. As they couldn’t do their job, as the Kenyans was putting hampers in their way. Next time find out ways to secure the witnesses and the affidavits to collect evidence before they are afraid of testifying. Peace.

Opinion: DP Ruto is something else, but truthful his not!

This is an occasion where we can speak to ourselves candidly without considering who is in government or opposition. The subject today is a new dawn for our country and what we should all do. We must rid our government and institutions of corruption. ‘ A New Dawn’ is a good subject for us all to engage in theft and corruption is bad in any language. From my mother tongue it is said… “ A thief may be intelligent but not more than the investigator” To our investigative agencies, you have our support as you help us deal with the challenge that we have. The 10 commandments say – Do not steal… Do not bear false testimony. The President and I were once victims of false testimony. It took hand of God and prayer for us to get out. We do not want any Kenyan to suffer such again. As we pursue this noble course, we must remember to inspire the hawker to own a kiosk and kiosk owner to own a shop and shop owner to own a mini market, and a boda boda rider to own a car” – Deputy President William Ruto on the National Prayer Breakfast on the 30th May 2019.

DP Ruto is the career politician, the man who says whatever to walk scotch-free and get other people in trouble. His really bold and brazen, he knows what his been up too, but still acts like its nothing.

Ruto knows how his grown wealth, built an empire and owns several of estates. The DP haven’t got this out of goodwill of the state, but out of the shady backdoor deals and land-grabbing. This is well-known stuff, therefore, the DP knows his corrupt and his actions. Still, he speaks like his still the innocent broke preacher he was back-in-the-day.

The Hustler hasn’t hustled through the proper channels, his wealth has grown and deals done while in government have surged all his accounts, his estates, businesses and even corporations. That is the sort of man he is. Therefore, his pledge to work against corruption, means initially work against himself and all of his associates. All of which is preposterous.

Secondly, it wasn’t an act of god that stopped the ICC case against him and Kenyatta. That was well prepared work from your associates and officials in the Republic. As the Judge Eboe-Osuji “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” (ICC – ‘.Ruto and Sang case: ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution in future’ 05.04.2016).

If intimidating witnesses is answers from God, than the God, DP Ruto confesses to at night is totally different than mine. Surely, my God answers prayers too, but not with possible tainting legal process and using harsh methods against the ones who will testify against you. That is what was done in the ICC case and therefore dismissed. It wasn’t false testimony, it was making people afraid of even speaking out on the mischief being done.

That is why I am not accepting the words of DP Ruto. He tends to lie and bend the truth to his advantage. This is just a snippet of his speech at the National Prayer Breakfast earlier today. Surely, he said more things whose was disregarding the truth. Still, I focus on this, because. Unless, the Life-Style Audit hits home, unless the war on corruption takes down his fraudulent activities. It is hard to believe it is real. Peace.

My Letter to President Duterte: Do you got something to hide?

Oslo, 17th March 2019

Dear Sir, His Excellency Rodrigo Roa Duterte, the President of the Republic of Philippines.

I am writing today to you and yours for a very simple reason. Not that I have the answers, but I am seeking those. Because I am worried about you and your administration. Since, the act of withdrawal from the Rome Statute and leave the International Criminal Court (ICC) came to affect today.

A quick brief about the ICC and the Rome Statute: “The primary mission of the International Criminal Court is to help put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole, and thus to contribute to the prevention of such crimes” (…) “On 17 July 1998, a conference of 160 States established the first treaty-based permanent international criminal court. The treaty adopted during that conference is known as the Rome Statute of the International Criminal Court. Among other things, it sets out the crimes falling within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC” (…) “ The mandate of the Court is to try individuals (rather than States), and to hold such persons accountable for the most serious crimes of concern to the international community as a whole, namely the crime of genocide, war crimes, crimes against humanity, and the crime of aggression, when the conditions for the exercise of the Court’s jurisdiction over the latter are fulfilled” (ICC – Understanding the International Criminal Court).

The reason for writing this is very clear as an outsider, a man who follows the Republic and sometimes worried about the state of affairs. I’m writing to you President Duterte, because this is a serious gamble. Your risking more than just some mere donations or bilateral loans, you are risking more than that.

Mister President, your actually taking yourself out of institution, whose prosecuting for international crimes and crimes against humanity. Which is a very specific court, not just any tribunal. Why I am asking, because your administration accepted the verdict of another international court, which ordered a verdict in your favour. That was the Permanent Court of Arbitration at The Hague on the 12th July 2016 [The South China Sea Arbitration (The Republic of the Philippines v. The People’s Republic of China)]. Therefore, the administration your running has accepted this and didn’t question the sovereign of this nor the laws it used for the ruling of this court.

If you as President are saying the ICC shouldn’t have any grounds of investigation you, than the same Republic and the same administration accept the verdict of another international court either. That is just an easy assessment, Mr. President.

As we are seeing the Republic leaves the ICC, could there be another reason for leaving it? Are you afraid of cases built up against you? Would you be afraid if they really investigated or looked into the anti-drug war? Are you afraid of what you did as Mayor of Davao?

I just got to ask. Since there has to be something, a reason why you are afraid of the ICC. If you had nothing to hide, if you had nothing to look into or questionable activity. You wouldn’t have revoked the Rome Statute and run away from the International Law?

I am really questioning it, since the same state had no issues accepting one International Court, but leaving another one. Are you leaving the laws and statutes of the Permanent Court of Arbitration at the Hague too? That would have been a bit fair, especially if your a supreme sovereign and not wanting any interference. This is a weird argument using against one, but accepting the other one.

I just had to ask. I don’t anticipate any answers, but the Filipino should get to know. Just not some PR Stunt and sample of the Withdrawal of the Rome Statute. There should be released an legal argument released to the public to read and with justified explanation. If not, we can wonder, if the you as a President is afraid of the ICC and what they could find.

I hope you could answer to that and also show grace. Not that I expect any, but as an outsider. This is just weird. No one is running away from something unless, they got something to hide. That is just ordinary fashion in these manners.

Best Regards

Writer of Minbane

The EU is so forgetful: Forgetting the sentiment of Museveni concerning the ICC!

ICC is a bunch of useless people” – President Yoweri Kaguta Museveni on the 12th May 2016.

It is like certain leaders doesn’t learn from their behavior and attitude. At the same moment, they are forgetting the sentiment and what that been said in the past. A man or a President like Museveni has said anything between the moon and Lake Albert. However, the European Union doesn’t need to condemn this activity, they need to show force and show character. The statement made by them yesterday concerning the International Criminal Court (ICC) and the non-arrest of Sudanese President Al-Bashir. Instead of being released could have been scrapped. They should have known that he doesn’t care about the ICC.

First show the statement made by EU, before more statement of how Museveni feels about the legal international entity. Look!

Based on the information we received, on 5-7 July President Omar Al-Bashir visited Djibouti and Uganda” (…) “The European Union and its Member States regret that Djibouti and Uganda, both States Parties to the Rome Statute of the International Criminal Court (ICC), did not comply with their obligations under international law and as State Parties to the ICC and did not surrender President Al-Bashir to the Court.” (The European Council – ‘Declaration by the High Representative on behalf of the EU on President Al-Bashir’s visits to Djibouti and Uganda’ 09.07.2018).

Just as you seen the EU is regretting that the National Resistance Movement (NRM) and the President Museveni didn’t deliver President Al-Bashir after his visit in Entebbe for the Peace Summit for South Sudan there. The EU are clearly forgetful, because Museveni isn’t friendly to the ICC anymore.

At the Inauguration of Uhuru Kenyatta, the extract of the speech on the 9th April 2013:

Furthermore, I want to salute the Kenyan voters on one other issue – the rejection of the blackmail by the International Criminal Court (ICC) and those who seek to abuse this institution for their own agenda. I was one of those that supported the ICC because I abhor impunity. However, the usual opinionated and arrogant actors using their careless analysis have distorted the purpose of that institution. They are now using it to install leaders of their choice in Africa and eliminate the ones they do not like” (Yoweri Kaguta Museveni, 09.03.2013).

On the 52nd Independence Day celebration speech at Kololo on the 10th October 2014:

For International Criminal Court to handle them as just legal matters, demonstrates their level of shallowness. My view is that, at the next summit, African countries should review their membership to the ICC treaty” (Yoweri Kaguta Museveni, 10.10.2014).

At Televised Presidential Candidate Debate on the 14th February 2016, the President said this:

A founding signatory of the Rome Statute, on ICC: Yes we should be out of the ICC. ICC is not serious. It is partisan. There are so many people who should have been tried if they were serious. The way to go is to have our own African Criminal Court. Trying to work with ICC was a mistake” (Yoweri Kaguta Museveni, 14.02.2016).

President Museveni have not liked the ICC in recent years. The President really despise the ICC now. He has not shown any concern or care for it. He call it a mistake and also that they are blackmailing the African Nations. That is why, the EU should have figured it out. If anyone is on the ICC list or wanted for arrest. It is not like Museveni will respect it, he hates the ICC and what it does. He has shown that.

The administrators and secretaries in Brussels should know this, they should have records, even remember that the Ambassadors of EU walked out on the inauguration ceremony in 2016. The statements from 2013 unto 2016 are alone telling the story. Certainly, he has the same sentiment in 2018. He is an old man, not a miracle worker.

President Museveni doesn’t give a fig about the ICC and what they say. Neither does he fear the EU, as they need him to keep the refugees from spawning to shores of Europe. So he can say what he like and not fear for retribution. The EU knows this and therefore, will not push Museveni to comply to the provisions of the ICC. He doesn’t have to fear it or respect it even. Al-Bashir is a friend of Museveni at this point. Peace.

OLUCOME: L’Agumentation Continuelle de la Dette Interieure au Burundi Sans Contrepartie au Niveau de la Production Nationale qui est en Phase de Recession (21.06.2018)

Burundi: CNARED-Giriteka – Communique (Rectificatif) – (15.06.2018)

Burundi: OLUCOME – Degradation Continuelle de l’Economie Burundaise suite au Manque des Fonds d’Investissements Contrairement aux Discours Politiques du Gouvernement qui Affirment les Realisations de Beacoup de Projets d’Investissements a Ses Propres Fonds (13.06.2018)

Burundi: Note de Service Relative a la Transition entre la Nouvelle et l’Ancienne Constitution au Parlement du Burundi (11.06.2018)

Bemba Acquitted in the ICC: Witness Tampering & mistakes by the Trial-Chamber is the reasons for the Verdict!

The Movement for Liberation of Congo (MLC) Jean Pierre Bemba, who has been charged with War-Crimes as multiple rape and killings in the Central African Republic (C.A.R.) between 2002-2003. Have now this week gotten a favorable verdict in the International Criminal Court (ICC). By everything written in the Court Documents. The verdict is challenging the Trial Courts predetermination and the lack of evidence to back the supposed crimes Bemba committed. Even if all the crimes of MLC did in CAR. The evidence and the affidavits are not clear enough to indict him or prosecute him. That is why he is freed from the charges in this case against him. Though he has been charged with Witness Tampering, that might be a lead into why the verdict became what it is. As the ICC cannot establish legal grounds for his crimes. They are out of jurisdiction and out of order, to charge him and detain him, when the lack of evidence is there.

This here is a failure of previous ICC Luis Moreno-Ocampo, who indicted Bemba on the 13th October 2010 for dozens of War-Crimes counts of Rape, Murder, Pillaging and Crimes Against Humanity. If he had collected the evidence properly and haven’t let Bemba and associates off the hook. He wouldn’t have given Bemba the ability to tamper with the evidence. That is especially worrisome after he was caught in Belgium in 2008 and indicted in 2010. Later on the 19th October 2016 for crime of witness tampering in connection with the Bemba-Trial. That could give the ICC rights to keep Bemba in inside for 5 years. However, he has been behind bars since 2008. Therefore, the verdict today is dire to the ones that was in the midst of the MLC fire in Central African Republic in the time period of 2002-2003.

First, I will show what was written by the Witness tampering that the Bemba team did, before we look into the reason for the favorable verdict for Bemba. Let’s look!

di Rossella Pulvirenti wrote:

After a meticulous reconstruction of the facts, the ICC concluded that Mr Bemba, who was detained in the Scheveningen prison at that time, gave directives on the content and the modalities of witnesses’ testimonies. He was helped by Kilolo, who implemented Bemba’s instructions. He illicitly coached and prepared defence witnesses in consultation with Mangenda, who liaised between Mr Bemba and Mr Kilolo. Almost all the fourteen defence witnesses received either money, other valuable goods or non-monetary promises as a ‘gift’ or a ‘token’ shortly before their testimonies before the ICC in the main case. In exchange for those ‘gifts’, witnesses were suppose to provide false testimony declaring that Bemba’s Movement for the Liberation of Congo military was not responsible for the alleged crimes and that the Congolese army was under the command of Central African generals” (…) “Trial Chamber VII condemned Bemba, Kilolo and Mangenda, as co-perpetrators, for corruptly influencing fourteen witnesses, giving false testimony and presenting evidence that they knew was false. Moreover, Bemba was found guilty of soliciting fourteen witnesses to provide false testimony, Kilolo was convicted for inducing those witnesses to give false testimony and Mangenda was found responsible of aiding and abetting the giving of false testimony by, respectively, two and seven defence witnesses. Mangenda was found not guilty of having aided, abetted or otherwise assisted Bemba and Kilolo in convincing the other five witnesses to provide false testimony. Finally, Babala was found guilty for aiding the other defendants for corrupting two of the fourteen defence witnesses. Finally, Arido was convicted of corruptly influencing four defence witnesses” (di Rossella Pulverinti – ‘The first case on witness tampering at the International Criminal Court: conviction for Bemba and four of his associates’ – GIURISPRUDENZA PENALE WEB, 2016, 11).

Outtakes from the Verdict on the 8th June 2018:

Importantly, the Trial Chamber failed to properly analyse this evidence and address its potentially extremely low probative value. The Trial Chamber also failed to give even an indication of the approximate number of crimes that were committed at these locations. Thus, beyond the low number of individual instances of crimes found to have been established beyond reasonable doubt, it is unclear how widespread the criminal behaviour of the MLC troops in the 2002-2003 CAR Operation was; and, as a corollary, it is difficult to assess the proportionality of the measures taken. Furthermore, the Appeals Chamber notes the apparent discrepancy between the limited number of crimes for which Mr Bemba was held responsible under article 28 and the Trial Chamber’s assessment of the measures Mr Bemba should have taken, which appears to have been based on the much broader and more general ‘finding’ by the Trial Chamber concerning widespread MLC criminality in the CAR. Indeed, a finding that the measures deployed by a commander were insufficient to prevent or repress an extended crime wave, for example five hundred crimes, does not mean that these measures were also insufficient to prevent or repress the limited number of specific crimes, for example 20 crimes, for which the commander is ultimately convicted” (ICC-01/05-01/08-3636-Red 08-06-2018 75/80 EC A).

Had the Trial Chamber properly assessed the measures that Mr Bemba took and 193.had the Trial Chamber properly considered the list of measures that it stated that Mr Bemba could have taken in light of the limitations that he faced in the specific circumstances in which he was operating, it would not have been open to it to reach the same conclusion. The errors the Trial Chamber made resulted in an unreasonable assessment of whether Mr Bemba failed to take all necessary and reasonable measures in the circumstances existing at the time” (ICC-01/05-01/08-3636-Red 08-06-2018 75/80 EC A).

In these circumstances, the Appeals Chamber considers it appropriate to reverse 197.the conviction of Mr Bemba and to declare that the criminal acts listed above at paragraph 116 are outside the scope of this case and that the proceedings in that regard are discontinued” (ICC-01/05-01/08-3636-Red 08-06-2018 75/80 EC A).

You can clearly see that there is technicalities from the ICC that is the reason for the verdict. If the case was differently, if the Trial Chamber had collected their evidence and affidavits correctly. The case would have been differently, secondly, if the Bemba-Team was already charged with tampering with witnesses in the case. All of that would most likely make a difference for the case. However, the ICC are themselves to blame that Bemba is off the hook.

They have not done their job properly in the collecting of evidence, neither affidavits from witnesses. They have not done it after the statutes. That is why the MLC and Bemba possibly gotten away with their actions in the CAR.

It is not yet over, but this shows how important the collection of evidence, witness statements (affidavits) and actually have the ability to present the case after the statutes of the Court. Peace.

Opinion: I don’t believe that Nkurunziza will step down in 2020!

I do not believe the reports that President Pierre Nkurunziza will step down in 2020 when his “final” third term is ending. As he has already rewritten the Constitution, gotten a favorable verdict in the Constitutional Court to run in 2015 and has reason to step down. As he has consolidated all powers among himself and his closest allies. Even build a youth brigade together with police, military and agents of the government oppress, detain and kill opposition activists and leaders. Therefore, he has no reason to step down. If so, what will he become if he steps down?

Will he become a shoeshine boy on the streets of Bujumbura or merchant. Since he has been the merchant of death and destruction. He has used propaganda and misused power. Shouldn’t he be afraid of stepping down? Since he has oppressed, taken total control and gotten rid of everyone standing in his way. Doesn’t he think that someone will have his crimes challenged if he steps down?

Seems like a dream after a 13 years of nightmare. He is supposed to just deliver 15 years of darkness and lack of dim light. I have feeling this isn’t real, other people like he has promised to step down and never did. They have said they would do so if the public wanted it. However, they have lingered for decades upon decades. Rigged elections, used the military as his power-tool to put the people into submission. Also the Imbonerakure to silence his opposition together with the Police. Therefore, he has little reason step down.

If someone is rewriting the Constitution to fit him, has all powers and should be afraid of prosecution and retribution after all the ills he has done. He would earn little to step down, unless he got a villa near Yahya Jammeh in Equatorial Guinea. That is the place where he should reside and surely President Obiang will give him space, like he offered Mugabe the other day. He want the dictator gathering on the outside of the African Union and no one can blame him for trying hard to do so.

However, Nkurunziza is just doing like many others of his kind. Speaking of stepping down, but never really doing so. He will rewrite and make sure he has the office. As he is using the state and the Republic as his private enterprise. The state party is all built around him and his cult-figure. He is the hero and the one that Burundi needs.

Therefore, I don’t believe the hype. At this speed there is a need for a revolution or a coup to bring him down. It is not like the elections or the CENI is built for anyone else than him. The way things are, everyone in the authorities are his stooges and his paid cronies. There are no one else than him. It is either Pierre or nothing. Peace.

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