Ms Bensouda, in a new submission to the three-judge Bench, maintained that according the Rome Statute, an accused is required to be physically present in court during trial.
She urged the judges to dismiss the request terming it ‘against the interests of justice’ adding the court’s technology is inadequate to ensure meaningful attendance.
“The request can be disposed of on the basis of the plain language of Article 63(1) of the Statute, which provides that the accused shall be present during the trial,” she told the Trial Chamber V judges.
Hard stance
President-elect Uhuru Kenyatta, Deputy President-elect William Ruto and radio journalist Joshua arap Sang had applied to attend their trials via video link.
However, Bensouda took a hard-line stance on the matter, insisting if witnesses were required to travel to the court to testify, the same should be expected of the three accused.
She said the proposed absence of Ruto and Uhuru would undermine the integrity of the proceedings and “would create risk of the trials being seen as a trial in absentia, that the accused can engage with or ignore as and when convenient.”
“If witnesses are presumptively required to travel to the court to testify, no less should be expected of the accused. It is important to ensure justice is not only done, but is seen to be done, particularly given the wide public interest in the case,” she argued.
In an application made shortly before the March 4 polls, Ruto pleaded with the judges to allow them to attend the trials via video link arguing that depending on the outcome of the election, Uhuru whom he deputises, may be elected president.
He asked the bench led by presiding judge Kuniko Ozaki to balance between his would be roles and his duties to the court if Jubilee won the elections. “Depending on the outcome of Monday’s elections, or their subsequent ‘run-off’, Mr Ruto may become the Deputy President of Kenya,” his lawyers argued.
But in her application, the prosecutor maintained conducting a full trial throughvideo-link raises the prospect of unnecessary technological problems.
- The Standard
