2003URGENT BOYCOTT OF ICC AND NON-CO-OPERATION WITH ICC DUE TO FLAWED HANDLING OF KENYAN CASES BEFORE THE TRIAL
HE Dr. D. Nkosazana Chairperson of AU,
Dear Madam Chairperson
Pan African Forum Limited
Re: Urgent boycott of ICC and non- co-operation with ICC due to flawed handling of
Madam Chairperson, we want to thank you for the tenacity and steadfastness in which you have handled African Union (AU} matters since you became the Chairperson of AU. Africa and especially Kenya is undergoing tremendous threats from one institution called ICC that is based in The Hague. The ICC has become a "Guantanamo Bay for Africans" and ICC indictments are threatening Africa's peace and in particular Kenya's political stability and governance.
This letter is informing you and African Union member states that we filed 3 judicial applications in this amorphous court in October and November 2013 which is under the guidance of the South Korean President of the court Judge Sang Hyun - Song whose docket entails the administration of the Court activities. But because of huge corruption and hefty under deals done by namely France and Germany funders of the ICC, there has never been any successful application or outcome. The amount of legal corruption in this court is equivalent to the distance between Earth and Mars. Does Africa think any of their citizens will get justice in this court?
Madam Chairperson, we have exhausted all judicial avenues and lobby in this court and for this court to change the bad habits and reform the OTP in an effort to correct the mistakes of ICC and protect the integrity of ICC on the African continent but we have now come to a conclusion that nothing will change ICC's perception against Africa.. We have exposed scandal after scandal of bad investigations. We have alerted the 5 permanent members of UN Security Council about the shortcomings of The Hague court.
Madam Chairperson, we have today 20th March 2014 begun "a massive across Africa campaign" aimed at telling AU member states to cut off all diplomatic, legal co-operation with amorphous body called International Criminal Court (ICC). The reasons are clear: Political pressure and influence by western nations namely France, Germany and USA that could cause a miscarriage of Justice for the suspects. Secondly the failure by OTP to reform makes it a compelling case for AU to reconsider and review the relationship between AU and ICC.
Madam Chairperson, the last meeting of the Heads of state in Addis Ababa touched on this nefarious subject of ICC indictments against sitting African Heads of state and more particularly the situation of the Republic of Kenya. The current standoff between AU and ICC on the matter of immunity of Heads of State of Africa might not be resolved if drastic and actionable steps are not taken to force ICC to act on several suggestions that AU has diplomatically put before the Presidency of Assembly of State Parties .
The continued hold on President Uhuru Kenyatta and his deputy on faked evidence, and political pressure from some western countries namely France and Germany with the USA as a non-member of ICC directing the Chief Prosecutor of ICC Fatou Bensouda to at least convict by all means someone from Kenya based on false evidence and procured witnesses collected by OTP is very worrying phenomena that AU must condemn in the highest terms.
Madam Chairperson, Kenyan governance is being muzzled and stifled by ICC interventions that have made it difficult for the current government of President Uhuru Kenyatta to pursue its objectives and obligations as set out in the constitution and their manifesto during elections.
Madam Chairperson, Kenya is one of the level headed nations in East African region and it has found itself at the center of a very serious conflict in South Sudan and Somalia that have consumed the energies of President Uhuru Kenyatta in seeking a peaceful end and dialogue from both warring parties in the conflict. The ICC factor has polarized most of the operations of the Kenyan nation and made things very difficult for the Government to sail through economic the current hardships that hamper most African countries.
This letter is written so as to avoid misconceptions that could fill the gaps of uncertainty in political Science that will emerge if ICC court continues to hold President Uhuru Kenyatta on "legal technicality" not "the evidence adduced by prosecution" and political pressure from France, Germany, and USA. On the Kenyan cases and does not correct the mistakes the OTP has made in the cases.
Madam Chairperson, ICC as an international custodian of justice has now stooped so low, that it is the only court in the world where you 11Sentence first and verdict later" a prosecutor lacks evidence of the case and then in the middle of the case a Prosecutor Fatou Bensouda is given more time by the court to out and look for evidence. Have you ever heard of a court which allows the Prosecutor to collect fresh evidence and then bring it in the middle of a trial? It is only in ICC in a civilized country in Netherlands where such barbarous acts are being committed.
Fatou Bensouda for the last 4 months since December 2013 has been on witness shopping spree in Eldoret Kenya via Ugandan territory where scores of Kenyans have been herded and selected for interviews in Hotels and then clandestinely whisked to unknown places in Uganda where they are told they will get a good house, a new passport and huge money in Europe once they agree to testify to nail President Uhuru Kenyatta and his Deputy William Ruto.
Madam Chairperson, it is a reality that OTP Fatou Bensouda has continued to procure more Mungiki outlawed criminals in hope of fixing President Uhuru Kenyatta yet she has admitted that there is no evidence on that case. It is shocking that of late more and more Kenyans have been approached and promised huge amounts of money by OTP to become witnesses against Uhuru Kenyatta, coaching has taken place and more unwilling and unsuspecting Kenyans are being lured by OTP investigators to cross into Uganda where they are shipped into Europe so as to testify against President Uhuru Kenyatta and Deputy President William Ruto of Kenya.
Madam Chairperson, as a Pan African organization we have done and followed all the judicial routes in ICC to alert this court of the dire consequences of continuing with a case that is based on flawed evidence. We have written 9 letters to the President of the ICC Judge Sang Hyun Song who appears to be immune and has decided to continue with bungled Kenyan cases. Several applications have been made requesting for an INDEPENDENT PANEL to look into the conduct of the OTP but Judge Sang Hyun- Song as the President of ICC has corruptly resisted all suggestions.
Madam Chairperson, we have become a target of those Kenyan and international intermediaries like Prof. Jacqueline Klopp and Prof Makau Mutua who fixed these Kenyan cases with Luis Moreno Ocampo the former Chief Prosecutor. But we want to assure AU that whatever happens to us on this journey we shall not relent until the truth is found and the Kenyan suspects are set free. Most western countries have been submerged into a political amnesia spread by Kenyan NGOs which has stopped the so-called civilized nations seeing the truth on flawed cases.
Scandal of video link and so called excusal.
Madam Chairperson, you might have heard of a fantasy of a video link which Africa was duped as Africans. It is still an ICC court only that it sits in Nairobi and President Uhuru Kenyatta will be glued on the video link as directed by the court orders. Africa should not accept half- baked measures on our people.
The Kenyan government might not have courage to say what we are going to say here but the truth about the ICC matter is that it has polarized the nation of Kenya. The Ministry of Foreign Affairs of Kenya of which we are not part of might want to be very diplomatic about ICC and might not speak about this but as a Pan African body that has followed this monster in Kenya for 6 years we have said it and we shall say it without any fear of contradiction-That this court is not good for Africa in its current form.
Madam Chairperson as an independent lobby group that funds its own activities for the interest of Africa unity we are charged with whistle blowing responsibilities on matters that affect African Unity. ICC is one matter that has put Kenya at crossroads. We have no fear of contradiction again to mention to AU that the last ASP in November 2013 was a failure for Africa because NGOs were more recognized than Kenya's Minister of Foreign Affair in the conference. ASP gave more room to the Kenyan NGOs than to Kenya's Foreign Minister whose docket is to ensure that there are more co-operations with ICC! Isn't this strange?
Madam Chairperson, AU got hot air in The Hague in November 2013 and any person who is sane and wants progress in Kenya and fails to bring this to your notice is an enemy of this country. At least some of us love this country as beacon of hope for the region. Kenya and Africa must stand up against ICC habits of "technically holding President Uhuru Kenyatta at ICC" in a bungled trial where evidence is still being collected by OTP from pork and meat joints of Eldoret and Nairobi in Kenya.
Madam Chairperson, what ASP gave AU in November 2013 is not what most of us Africans who have had running battles with ICC wanted. We have looked at the conditions of video link and we find it very disturbing especially that they will done under UN Headquarters in Nairobi where a President of Kenya with population of 40 million people will be humiliated and undergo routine security checks from "small gods" of UN security at the premises when such a trial starts.
Again Madam Chairperson, Excusal under Rules and Evidence 134.4 is not a relief for AU or Kenya as judges will use Article 63 as the supreme Article to make conditions on how they want the excusal to be done. It is clear that ICC wants to humiliate an African sitting President by having Kenyan President on trial in The Hague. That is not what AU and most of us in Africa wanted.
At the core of either video link or excusal there is a trap and a Plethora of faked evidence which must be brought to the attention of AU countries and other countries in the world.
We are avoiding harsh judgment in history.
Madam Chairperson, those who have followed our work for 6 years on ICC will know that we have done so to avoid harsh judgment in history when time comes for the truth to be remembered. We will in particular address the suspects in the Kenyan cases who have suffered and whose lives will never be the same because of the flawed methods used by the ICC (OTP) to gather evidence and witnesses. We have wondered why defence lawyers continue to mint money from traumatized suspects, and want to go on with flawed cases where evidence was faked and yet there are provisions for protest in Rome Statute of 1998.
Madam Chairperson, the bottom line is that ICC has damaged the social fabric of the people of Kenya. The longer the trial takes the more the anguished the people of Kenya become. Therefore AU must boycott ICC and initiate a non- co-operation with ICC that will serve as a good lesson to imperialism that still lingers under the disguise of ICC agency. Africa must act now to avoid another conflict in Kenya where ICC through the pressure of the western countries mentioned is determined to jail some one or all those now before the trial court.
Madam Chairperson, finally , we rest our case by telling the world that we are not opposed to ICC as an institution but opposed to the manner in which Kenyan investigations were conducted and if the OTP acknowledged that the evidence against President Uhuru Kenyatta and his deputy and Arap Sang was flawed and terminate all these cases and begin afresh under Artie 53 of the statute, we shall stop our campaign on the continent and in Europe where many people have accepted that Kenyan cases are big joke and comedy. For now it is action and no reverse gear on ICC.
Thank you in advance,
Dr. David Nyekorach- Matsanga
Chairman / CEO
+447930901252 London+254723312564 – Kenya
1. Dr. Ruhakana Rugunda (for President Museveni ofUganda).
2. President Robeti Mugabe of Zimbabwe (Hon. Minster Emerson .D. Mnangagwa)
3. President Jacob Zuma of South Africa (H.E Lindiwe Zulu Presidential Adviser.)
4. Ethiopian Prime Minster Ethiopia Addis Ababa (Ethiopian Embassy in Kenya)
5. Deputy Chairperson of Africa Union H.E Amb. E. Mwencha Addis Ababa