This article is from the source 'nytimes' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.nytimes.com/2013/12/20/world/africa/trial-of-kenyan-president.html
The article has changed 6 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Trial of Kenyan President May Be Collapsing | Trial of Kenyan President May Be Collapsing |
| (35 minutes later) | |
| The prosecution of Kenya’s president for crimes against humanity, the highest-profile trial undertaken by the International Criminal Court, appeared near collapse on Thursday when the prosecutor abruptly announced that she lacked sufficient evidence to proceed and was seeking an indefinite delay. | The prosecution of Kenya’s president for crimes against humanity, the highest-profile trial undertaken by the International Criminal Court, appeared near collapse on Thursday when the prosecutor abruptly announced that she lacked sufficient evidence to proceed and was seeking an indefinite delay. |
| The prosecutor, Fatou Bensouda, said in a statement from the court at The Hague that she could no longer rely on two key witnesses needed to try the president, Uhuru Kenyatta, because one witness said he was no longer willing to testify and the other had confessed to giving false evidence. | The prosecutor, Fatou Bensouda, said in a statement from the court at The Hague that she could no longer rely on two key witnesses needed to try the president, Uhuru Kenyatta, because one witness said he was no longer willing to testify and the other had confessed to giving false evidence. |
| “Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently the case against Mr. Kenyatta does not satisfy the high evidentiary standards required at trial,” Ms. Bensouda said in the statement. | “Having carefully considered my evidence and the impact of the two withdrawals, I have come to the conclusion that currently the case against Mr. Kenyatta does not satisfy the high evidentiary standards required at trial,” Ms. Bensouda said in the statement. |
| Her decision was a major and potentially fatal setback in the longstanding effort to try Mr. Kenyatta, who was accused, along with his deputy, William Ruto, of helping to orchestrate some of the violence in Kenya after the disputed 2007 elections that left more than 1,100 people dead. Mr. Ruto’s trial began on Sept. 10, but Mr. Kenyatta’s was not scheduled to start until Feb. 5. | Her decision was a major and potentially fatal setback in the longstanding effort to try Mr. Kenyatta, who was accused, along with his deputy, William Ruto, of helping to orchestrate some of the violence in Kenya after the disputed 2007 elections that left more than 1,100 people dead. Mr. Ruto’s trial began on Sept. 10, but Mr. Kenyatta’s was not scheduled to start until Feb. 5. |
| The prosecutions of the Kenyans — Mr. Kenyatta in particular — has taken on enormous significance and controversy. It was the first time the International Criminal Court seemed able to bring a sitting head of state to trial, but the case has been troubled by delays and problems, including the repeated loss of witnesses, some of whom the court said were subjected to severe intimidation if they testified against Kenya’s leaders. | The prosecutions of the Kenyans — Mr. Kenyatta in particular — has taken on enormous significance and controversy. It was the first time the International Criminal Court seemed able to bring a sitting head of state to trial, but the case has been troubled by delays and problems, including the repeated loss of witnesses, some of whom the court said were subjected to severe intimidation if they testified against Kenya’s leaders. |
| In a similar setback in March, the chief prosecutor withdrew all charges against one of Mr. Kenyatta’s co-defendants, Francis Kirimi Muthaura, a former government official who was accused of working with Mr. Kenyatta to organize death squads. In that case, the prosecutor said that one witness had recanted after accepting money to withdraw his testimony, several important witnesses had “either been killed or have died,” and others “were too afraid to testify.” | In a similar setback in March, the chief prosecutor withdrew all charges against one of Mr. Kenyatta’s co-defendants, Francis Kirimi Muthaura, a former government official who was accused of working with Mr. Kenyatta to organize death squads. In that case, the prosecutor said that one witness had recanted after accepting money to withdraw his testimony, several important witnesses had “either been killed or have died,” and others “were too afraid to testify.” |
| “The safety of the witnesses is one of the greatest challenges we face in the Kenya cases,” Ms. Bensouda said in an interview in April. “There has been unprecedented intimidation. It’s a very difficult situation.” | “The safety of the witnesses is one of the greatest challenges we face in the Kenya cases,” Ms. Bensouda said in an interview in April. “There has been unprecedented intimidation. It’s a very difficult situation.” |
| Richard Dicker, the director of the international justice program at Human Rights Watch in New York, said the prosecutor’s decision to seek an indefinite delay was “deeply disturbing” and that he hoped Ms. Bensouda would find ways to salvage the case. | Richard Dicker, the director of the international justice program at Human Rights Watch in New York, said the prosecutor’s decision to seek an indefinite delay was “deeply disturbing” and that he hoped Ms. Bensouda would find ways to salvage the case. |
| “It’s got to be a devastating development for all of those who really put their security and well-being on the line, to contribute to this case and to justice being done,” he said. “And clearly lessons need to be learned about witness protection, where the stakes are as high as they are in the Kenya case.” | “It’s got to be a devastating development for all of those who really put their security and well-being on the line, to contribute to this case and to justice being done,” he said. “And clearly lessons need to be learned about witness protection, where the stakes are as high as they are in the Kenya case.” |
| While Mr. Dicker and other human rights advocates have always encouraged the prosecution to proceed, African leaders have viewed the case with increasing bitterness and criticism, contending that the court is preoccupied with pursuing cases in Africa exclusively. | While Mr. Dicker and other human rights advocates have always encouraged the prosecution to proceed, African leaders have viewed the case with increasing bitterness and criticism, contending that the court is preoccupied with pursuing cases in Africa exclusively. |
| The accusations against Mr. Kenyatta — crimes against humanity, including murder, rape and forcible transfer — were based in part on what the prosecution contended was the use of Mr. Kenyatta’s extensive family wealth to finance death squads in the midst of the violence that erupted after Kenya’s 2007 presidential election. | The accusations against Mr. Kenyatta — crimes against humanity, including murder, rape and forcible transfer — were based in part on what the prosecution contended was the use of Mr. Kenyatta’s extensive family wealth to finance death squads in the midst of the violence that erupted after Kenya’s 2007 presidential election. |
| Mr. Kenyatta has always said he is innocent of such accusations, and his lawyers have frequently described the prosecution’s case as too weak to warrant a trial. They have rejected accusations that witnesses were intimidated and insisted that it was a spurious allegation promoted by the prosecution to mask a flawed case. |