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Ruto and Sang case: ICC Appeals Chamber reverses Trial Chamber V(A)¹s decision on admission of prior recorded testimony

Ruto Sang

The Appeals Chamber rules that recanted testimony of witnesses cannot be used in the Ruto/Sang trial. Retrieved from Captial News

On Friday the 12th February, the ICC Appeals Chamber (AP) reversed the Trial Chamber V(A)’s decision to allow the recanted testimony of witnesses to be used in the Ruto and Sang trial.

Under Rule 68 of the Court’s Rules of Procedure and Evidence (RPE), prior-recorded testimony may be introduced into evidence. The AP determined that the drafting history of amended Rule 68 did not exempt its application to this case, subject to the consideration of Article 51(4) of the Rome Statute, which provides that amendments to the RPE shall not be retroactively applied to the detriment of the accused.

The AP noted that Rule 68 was amended by the Assembly of States Parties in November 2013, two months after the trial of Mr Ruto and Mr Sang began. As such it was retroactive, and is detrimental in the sense that it is disadvantageous to the position of the accused if applied to the proceedings.

Mr Ruto, the current Deputy President of Kenya, and Mr Sang, a former journalist are both accused of crimes against humanity following the 2007-2008 post- election violence.

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