Ruto and Sang case: ICC Prosecutor, Fatou Bensouda, 6 April 2016

Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, regarding Trial Chamber’s decision to vacate charges against Mr William Samoei Ruto and Mr Joshua Arap Sang without prejudice to their prosecution in the future Situation: The Republic of Kenya Statement: 06/04/2016 Yesterday, a majority of the Judges of Trial Chamber V (A) of the International Criminal Court vacated the charges against Mr Ruto and Mr Sang. The Chamber declined to acquit the accused due to the special circumstances of this case. The Chamber endorsed the Prosecution’s position that this case has been severely undermined by witness interference, and politicisation of the judicial process. The decision noted that other evidence may have been available to the Prosecution “had it been able to prosecute the case in a different climate, less hostile to the Prosecution, its witnesses and the Court in general.” The Chamber made it clear that their decision is without prejudice to the presumption of innocence, or the Prosecution bringing the case on the basis of the same charges in the future, or in a different form, in light of new evidence. We regret that due to deliberate and concerted efforts to derail this case through witness interference, the Judges have been prevented from determining the guilt or innocence of the Accused on the full merits of the case. The onslaught against this case has – for now – denied the victims of the 2007-2008 election violence in Kenya the justice they so rightly deserve. We are currently in the process of carefully assessing the Trial Chamber’s decision to determine the appropriate next steps. The fact is that prosecutions before the ICC can stand or fall on the willingness of witnesses to come forward and tell their story in the courtroom.