ICC Denies Prosecutor’s Application to Delay Disclosure

On 20 April 2011, the ICC denied Luis Moreno-Ocampo’s effort to conceal evidence against the Ocampo Six until he had had enough time to study it.  See instructive discussion here on the number of days Ocampo claimed were necessary.  See also.   On 31 March 2011, the Kenyan Government had filed an application to have the case ruled inadmissible in accordance with Article 19 of the ICC Statute.  At this time, no determination has been made on that application.  Moreno-Ocampo, therefore, argued that disclosure of evidence not be required until after final determination on the Article 19 application pursuant to the language of the same statute.

The Court disagreed.  It noted that the statute only required the suspension of “investigations” by the prosecutor, not the “prosecution” itself. “The court rejected the application and ordered the prosecutor to disclose to the defence any evidence on which he intends to rely for the purposes of the confirmation of charges hearing,” Disclosure was, therefore, required in accordance with the rules of evidence. See ruling here

 The judge then set forth a schedule for disclosure:

  • Evidence collected by the Prosecutor before 15 December 2010: Friday, 3 June 2011
  • Evidence collected between 15 December 2010 and 31 March 2011: Friday, 24 June 2011.
  • Evidence collected after the filing of the Admissibility Challenge: Friday, 29 July 2011

Any exculpatory evidence was ordered to be provided to the defense for inspection as soon as practicable.

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