Return of the ICC? Fatou Bensouda urge Kenya to facilitate surrender of 2 wanted Kenyans

Picture Courtesy of the ICC

NAIROBI, Kenya, Nov 5- International Criminal Court (ICC) prosecutor Fatou Bensouda has asked the Kenyan authorities to facilitate the surrender of two Kenyans, wanted for allegedly interfering with witnesses.

The two are identified as Walter Barasa and Phillip Bett.

This follows the recent voluntary surrender of lawyer Paul Gicheru, who is facing similar accusations.

“I welcome the news of Mr Paul Gicheru’s voluntary surrender and transfer to the custody of the International Criminal Court (“ICC” or the “Court”). On the 9th of February 2015, my Office requested the judges of the Court’s Pre-Trial Chamber II to issue a warrant of arrest for Mr Gicheru, on charges of interfering with ICC witnesses in the Kenya Situation, contrary to the Rome Statute,” she said in a website published on the ICC website.

A warrant for arrest against Gicheru and Bett was issued in 2015.

The two, the prosecutor said, “were involved in an organized and systematic criminal scheme, aimed at approaching and corrupting six Prosecution witnesses, through bribes and other inducements, in exchange for withdrawing as witnesses and/or recanting their prior statements to the Prosecution.”

She added that “the integrity of witnesses is essential for the Court’s determination of the truth. Within its means and mandate, my Office is committed to investigating and prosecuting individuals who attempt to pervert the course of justice by interfering with ICC witnesses.”

“Interfering with the attendance or testimony of ICC witnesses, or retaliating against them are serious crimes under Article 70 of the Rome Statute.”

Barasa is facing similar accusations.

“I call on the Kenyan authorities to fulfil their obligations under the Rome Statute to ensure the surrender of the remaining two suspects to the custody of the Court, so that their guilt or innocence on the charges against them may be determined in a court of law,” she said.

Six Kenyans were facing crime against humanity charges at the ICC following the 2007-2008 post election violence that left 1,200 Kenyans dead and 600,000 internally displaced.

They include President Uhuru Kenyatta and his Deputy William Ruto