The International Criminal Court’s Prosecutor Luis Moreno Ocampo announced before leaving Kenya on Saturday that he had a “strong case” against key suspects in the violence that followed the 2007 Presidential elections.
The International Criminal Court’s Prosecutor Luis Moreno Ocampo announced before leaving Kenya on Saturday that he had a “strong case” against key suspects in the violence that followed the 2007 Presidential elections.
He emphasised the importance of avoiding any more unnecessary delays and said he hoped to present two to three cases before judges at The Hague, possibly by July next year.
He agreed to an exclusive interview. This is my transcript:
Q: What is your assurance to Kenyan people after your visit here?
"Now I will go to the judges, it’s a judicial process, you have to understand that. The judges will decide if I can open up an investigation then I will be back.
I will go to the community, I will see the victims, I will listen to them. I have to collect the evidence.
Then I will pursue my case – then the names will be known.
In the meantime my duty is to investigate criminal responsibility. Who gave the orders to kill?
That’s it.
Q: You did say that justice will not be delayed in a previous statement. In view of the fact that the President and Prime Minister did not make a referral to the ICC, then surely there are going to be further delays?
The President and Prime Minister have committed to co-operate with the court – that is their duty.
They have chosen not to refer and that is an option they have. But they are committed to co-operate with the court. And I count on them.
Q: Do you acknowledge that there could be a problem with the time this will take – the 2012 elections are not that far away. Could your actions actually destabilise this country?
My mandate is to end impunity and to prevent future crimes. So I am aware of the need to have a peaceful election in Kenya – an exemplary election.
I think that 2010 is the time to define the evidence, define the suspects and be ready for trial. In 2010 the names of the accused will be decided by the judges and I hope we can be almost ready to start.
The definition of the situation will be ready, I hope, in 2010.
Q: Can you really say you have the active co-operation of the Kenyan leadership?
I think Kenya had this huge problem but then they were able to work together. And I am sure the Kenyan Government will work together with the ICC.
Q: Have you sensed this massive hunger for justice amongst the people of Kenya?
When I travel around Africa, at any airport Kenyans jump on me, taking pictures of me, I see how Kenyan citizens need justice.
Q:Is this situation unprecedented in the ICC, in the way you are having to handle this case?
Everything is unprecedented at the ICC. We start everything from scratch.
No cases are the same.Congo is so different from Uganda. Darfur is different from the Central African Republic. But in Kenya you have the full support of the people looking for justice, the support of the Government and the support of the international community.
I will do my duty but prevention is not just justice – prevention involves reconciliation and healing. That is why the ICC affords the opportunity for other actors to move on this together.
Q: Now you’ve said you may only come up with 2 or 3 names – and you’ve said you want Kenya to become a world example in managing violence. Is that really the case?
When there are massive crimes justice is never enough. I have defined my role very clearly.
My role is to define those most responsible, 2 or 3 individuals, 2 or 3 cases.
But this will marginalize those who did the worst in the last election.
And we will confirm that Kenya and the international community will not allow this killing to happen again.”
