2804A LETTER TO THE PRESIDENT OF ICC ON COMMISSION OF INQUIRY INTO THE CONDUCT OF THE OTP AND CHIEF PROSECUTOR FATOU BENSOUDA
28 April 2015
REF: COMMISSION OF INQUIRY INTO THE CONDUCT OF OTP AND CHIEF PROSECUTOR FATOU BENSOUDA REGARDING SHODDY AND FAKE INVESTIGATIONS IN THE KENYAN CASES.
My Lordship President of ICC, on behalf of myself and Pan African Forum Ltd ,I want echo and add my voice to the sentiments raised in a letter dated 7TH April 2015 that was copied to you as President of ICC by African Union Commission(AUC) referenced BC/OLC/4218/558.15 . The African Union Commission raised among other issues the violation of all the spirit of Article 51(4) and the violation of Rule 68 of the Ammendments of 12th Session of ASP.
My Lordship President of ICC, both The President of Assembly State Parties of Rome Statute Adv. Sidiki Kaba and Chief Prosecutor Fatou Bensouda have received this letter and it is to that regard that I have decided to bring to your notice additional failures of the OTP and the misconduct that has gone on either by design or deliberately in the OTP. I have expressed similar sentiments since 2008 when the ICC first went to Kenya but both the current and former Prosecutors have instead threatened me and tried to silence using Article 70 which case was terminated in 2012.
My Lordship President of ICC, While the AUC letter opens a Pandora box in the Kenyan cases, I would like to bring to your notice Article 38 of the Rome Statute that spells out the Role of ICC Presidency in regards to administration of the ICC court. Under Article 38 (4) it spell out clearly:
“In discharging its responsibility under paragraph 3(a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern”
My Lordship President of ICC, the interpretations to a lay man like me who has exposed all the misdeeds of the OTP, matters of mutual concern here mean are: The proper administrations and conduct of court officials and staff, judges, and other users of the ICC court. The Kenyan cases have had rough ride in the court due to the fake ingredients that were brought in the court by the then Chief Prosecutor and the current Chief Prosecutor in OTP.
The following below are areas where the Presidency has failed to oversight internally and it has burst as of now.
My Lordship President of ICC, the above factors have impacted negatively on the image of the ICC as a court and have dented the entire working relationship of ICC with Africa regarding the Kenyan cases and many African cases. I believe your ICC Presidency will inform the world as to why the OTP conduct on these matters has not been investigated? Why has your ICC Presidency not taken action or measures to reverse the trend of OTP sinking leadership under Fatou Bensouda?
My Lordship President of ICC, the Kenyan cases have taken 7 years since the Pre- Trial Chamber II authorised investigations into the PEV 2007-2008. Most of us who have followed the ICC cases have seen the OTP remarkably consistent in failings, the worst was the fake witnesses and their procurement through Kenyan intermediaries. But worse is the court’s failure to censor the OTP and Chief Prosecutor Fatuou Bensouda for all these failures and the shame brought on an International court.
My Lordship President of ICC, as I write to you today 28th April 2015 Mr. William Ruto and Arap Sang case hangs on fallacy and has all the hallmark of a miscarriage of international justice yet the Presidency of the court has been watching drama and comedy from the vicinity of the ICC building. Witnesses have confessed that that OTP investigators bribed them and induced them to tell naked lies in the ICC Trial chambers yet no action under Article 70 has been initiated against those that have told these lies, those who bribed them and to those the court has compelled to return and recycle their lies to the international media and public.
My Lordship President of ICC, in the last 7 years both cases have had several self-inflicted obstacles due to the shoddy investigations that were conducted by OTP and also due to the administrative conduct of both the current and former Chief Prosecutors. It is sad that most of us who followed these cases since 2008 have not be listened to by both the court and the OTP on the matter of shoddy and flawed investigations. The stubbornness of OTP has come to haunt the entire ICC image in Kenyan situation.
My Lordship the President of ICC, the shoddy and flawed investigations have destroyed the moral standing of the court and the image of entire ICC organisation has collapsed on African continent. The flawed and bungled investigations have darkened the lives of suspects, denied both the suspects and victims anticipated justice at the altar of international justice.
My Lordship President of ICC, to date the OTP continues to mislead and dupe the court on Kenyan cases and the court has continued doing business as usual without terminating a sick case, forging ahead with flawed Kenyan case of William Ruto and Arap Sang as if nothing was wrong. The public perception on the matter that is seen as political witch hunt on Kenya by millions worldwide want the Kenyan cases completely terminated in order to save the court’s future operations in Africa.
My Lordship President of ICC, the OTP has managed to persuade The Trial Chamber V (A) or lied to the Trial Chamber V (A) that Justice Phillip “Waki half Report” that was stolen from Kenya and smuggled out against the Kenyan constitution Article 102 of Public Inquiries Act of 2010, has any grain that can be used to continue with the fake case that is before The Trial Chamber V (A). This Waki report which the court has admitted is fake and is incomplete according to Kenyan laws.
My Lordship President of ICC, there was no due diligence on expert witnesses, who did not disclose their past to the Chamber. It is therefore sardonic that one Witness in the William Ruto and Arap Sang was actually part and parcel of the team that wrote the WAKI REPORT in Kenya that the court has admitted as evidence, and was brought as witness to mark his own report. It is sad that things like these happen only in ICC and cannot be allowed in the national courts of any court in Africa or Britain where I live.
My Lordship President of ICC, my letter is therefore the shortest in my history of writing to ICC. I am alerting you that Kenyan nation TODAY is at crossroads with the continued ICC false debacle. The ripple effects of fake witnesses, shoddy investigations, and international political victimization are huge. Kenya has faced many challenges as result of these fake cases that have retarded the development. The leadership of Kenya needs to focus on these challenges and deliver security for its people. Instead of OTP owning up and terminating the corroded cases, it has continued as if all was okay.
My Lordship President of ICC, AU will host a special summit June- July 2015 in South Africa and many of us attending this summit will push for Africa cutting to off ties with ICC if the OTP headed by Fatou Bensouda is not investigated and restructured to meet international standards. We have now collected enough international signatures to censure your office (the Presidency of ICC) and I will use these signatures to persuade many State Parties Assembly to reprimand you and OTP for the failures that have soiled international justice apparatus at the ICC.
My Lordship President of ICC, unless something is done under your powers to cause an internal inquiry with concurrence with OTP office to resolve some of the matters that I have mentioned that fall under your jurisdiction as President of ICC, our move within 21 days is to notify the Assembly of State Parties to invoke Article 112.
My Lordship President of ICC ,while making my alert to you I want to make it clear that I have followed the Judicial route to expose some of this barbarous acts from OTP and I will be doing so until the last iota of my blood.
I remain,Yours truly,
Dr. David Nyekorach- Matsanga.
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