Bensouda seeks to expand case documents against lawyer Paul Gicheru
This file photo taken on September 29, 2015 shows Prosecutor Fatou Bensouda at the court room of the International Criminal Court (ICC) at The Hague.
What you need to know:
- Ms Bensouda wants the court to allow the size of the prosecution’s Document Containing the Charges (DCC) to be increased from 120 pages to 175 so that the prosecution can set out its case in detail.
ICC's outgoing Chief Prosecutor Fatou Bensouda want the court to allow her to increase the page limit of documents she is expected to file containing charges against Kenyan lawyer Paul Gicheru.
In an urgent application, Ms Bensouda wants the court to allow the size of the prosecution’s Document Containing the Charges (DCC) to be increased from 120 pages to 175 so that the prosecution can set out its case in detail.
“The chamber will have the advantage of a detailed set of charges supported by comprehensive references to the underlying evidence, which will facilitate its confirmation decision," she said.
"The defence will be given a detailed notice of the precise contours of the case that it will be required to meet, should charges be confirmed,."
'Complex narratives'
The prosecutor states that the document the prosecution will file will contain both the charges and a detailed narrative and explanation of the evidence, including detailed footnotes referencing the supporting evidence.
“The charges and narrative relate to eight separate incidents, each concerning a witness who was corruptly influenced, corrupted or interfered with by Mr Gicheru or his associates,” Ms Bensouda says in the application.
She argues that the narrative relating to each of the witnesses is complex since the corrupt influence over the respective witnesses did not occur in a single incident, but over the course of several interactions, sometimes spanning weeks or even months.
Several actors
The prosecutor adds that the charges and the narrative will also describe the involvement of several actors in Mr Gicheru’s network.
She also notes that given Mr Gicheru’s close personal involvement in these activities, it is also necessary to describe them in sufficient detail.
“To fully capture Mr Gicheru’s individual criminal responsibility, the DCC will describe the various and relevant modes of liability as applied to the facts relevant to each of the eight witnesses,” she explains.
She adds: “Some of the modes of liability require more explanation, in particular in the context of concerted actions by a variety of actors within the framework of a common plan or common purpose.”
