Wednesday 19 June 2013

ICC should close shop and leave justice to God.why such benefits to Ruto?


All Persons Accused At ICC Should Be Tried In Absentia
After reading what Judge Osunji said to Ruto, I actually got positively confused; Ruto is required to be present in person during:
1.The opening statements
2. The closing statements
3. The testimony by victims
4 The reading of judgement
5. The sentencing
6. Any other instances the Judges may require him to attend


*So when will Ruto be away from the Court or simply put, how long do all those stages take and are they going to be continuous?.


ICC is the latest advocate of the philosophy of Animal Farm that “all animals are equal but, those in power, are more equal than others.”
 While congratulating William Ruto for winning the privilege to be tried in absentia, I will propose that, all other accused persons like President Uhuru Kenyatta, Joshua Sang, ex-President Laurent Gbagbo, General Bosco Ntaganda and President Bashir should also be tried in absentia – in their home countries –, not to disrupt the work they do.
 Better still, if it is no improvement on our failed local courts or no trial for leaders and the rich, ICC should close shop and leave justice to God. When courts of dictators tried us, we could tell when there would be justice – for tokenism – and when there would not, on account of orders from above. 
There can be no justice when a court is rendered impotent by fear from whatever quarter. More importantly, if what lawyer Khan said – “There is no benefit in an individual simply sitting in court.” – is good for one, it should be good for all and should apply to all without discrimination.
ICC itself said there are no special suspects under the Rome statute but now it is clear sang is being treated differently from Ruto. Mr sang is to attend all sittings while Ruto attends only two confirmed sittings-opening and closing sessions- as victims will not address that court and if they do it cant be more than one victim. clearly there is something totally wrong. who will be on-trial there?. will they be trying an empty court. when a witness in court will be asked- can you identify the suspect in court, whom will he identify?.
If the prosecution doesn't seek leave to appeal this excusal, then in all likelihood there is some serious deal-making going on under the table. First of all, Karim Khan, who brokered things for Muthaura, is now also Ruto's lawyer. He may have the prosecution's ear in terms of obtaining favorable conditions for Ruto IN EXCHANGE for something. I don't believe that Muthaura was let off without giving something in return. 
So, all these developments put uhuru in an invidious position. Remember, the man only asked to be allowed to participate by video link. Unlike ruto, he didnt ask to be excused from certain sessions. My prognosis: he will now hurriedly put in an urgent request for excusal, reasoning that if a deputy president can be excused then the president definitely should. This will interfere with his 9th july trial date- he will request another postponement.
 However locally the ICC  judgement means different things, like "Divide them and crucify one big sheep",You have to read the entire excusable decision to get the sub-text of what is going on here. I foresee a situation where Ruto fully co-operates with the court while uhuru plays truant. Its not as if Ruto doesn't know that a warrant of arrest will then be issued against uhuru. That leaves Ruto as the international face of the kenyan govt, free to travel and interact with his peers while uhuru is marooned in state house. Just what the fellow needs for 2017, and please dont tell me he has an MOU with uhuru so he wont challenge him in 2017. That's baloney. So, we are in for interesting times indeed.

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