Statement by ICC Prosecutor Luis Moreno-Ocampo on Kenya

ICC-CPI-20101214-PR614

As you know, tomorrow I will file two applications for summonses to appear for six individuals we believe are the most responsible for the post-election violence.

I believe summonses are sufficient to ensure the appearance of all six suspects. But as ICC Prosecutor, I am requesting that clear conditions be imposed on them, namely:

• To frequently update the Court on all their personal contact details and whereabouts;
• Not to make any personal contact with any of the other suspects, unless through their legal counsel to prepare their defence;
• Not to approach any perceived victims or witnesses of crimes;
• Not to attempt to influence or interfere with witness testimony;
• Not to tamper with evidence or hinder the investigation;
• Not to commit new crimes.

In addition, they must respond to all requests by ICC judges; they must attend all hearings when required, and post bond if the judges so instruct them.

These conditions are strict. They are in accordance with the Rome Statute and ICC rules.

Let me be clear.

If the suspects do not comply with the conditions set by the Chamber, I will request arrest warrants.

If there is any indication of bribes, intimidation or threats, I will request arrest warrants.

I expect the suspects to indicate to the Chamber shortly their intention to surrender voluntarily.

Source: Office of the Prosecutor