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26-04-2013 ICC - Decision on Defence Application Pursuant to Article 64(4) and Related Requests

26-04-2013 ICC - Decision on Defence Application Pursuant to Article 64(4) and Related Requests

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Published by ReportingKenya.net
26-04-2013 — International Criminal Court Decision on Defence Application Pursuant to Article 64(4) and Related Requests ICC-01/09-02/11-728 (Uhuru Kenyatta case)
26-04-2013 — International Criminal Court Decision on Defence Application Pursuant to Article 64(4) and Related Requests ICC-01/09-02/11-728 (Uhuru Kenyatta case)

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Published by: ReportingKenya.net on Apr 27, 2013
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08/03/2013

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Cour
PénaleInternationale
International
Criminal
Court
:^i
Original: English No.: ICC-01/09-02/11Date: 26 April 2013TRIAL CHAMBER VBefore: Judge Kuniko Ozaki, Presiding JudgeJudge Christine Van den WyngaertJudge Chile Eboe-OsujiSITUATION IN THE REPUBLIC OF KENYAIN THE CASE OFTHE PROSECUTOR v. UHURU MUIGAI KENYATTAPublicDecision on defence application pursuant to Article 64(4) and related requestsNo.ICC-01/09-02/11 1/57 26 April 2013
ICC-01/09-02/11-728 26-04-2013 1/57 FB T
 
Decision to be notified, in accordance with regulation
31
of the Regulations of the Court, to:
The Office of the Prosecutor Counsel for the DefenceMs Fatou Bensouda Mr Steven KayMr James Stewart Ms Gillian FiigginsMs Adesola AdeboyejoLegal Representatives of VictimsMr Fergal GaynorLegal Representatives of ApplicantsUnrepresented Victims Unrepresented Applicants forParticipation/ReparationThe Office of Public Counsel forVictimsMs Paolina MassiddaThe Office of Public Counsel for theDefenceStates RepresentativesAmicus CuriaeREGISTRYRegistrarMr Flerman von FlebelDeputy RegistrarVictims and Witnesses UnitMs Maria Luisa Martinod-JacomeDetention SectionVictims Participation and Reparations OthersSection
No.
ICC-01/09-02/11
2/57
26 April 2013
ICC-01/09-02/11-728 26-04-2013 2/57 FB T
 
Trial Chamber V ("Chamber") of the International Criminal Court ("Court"),in the case of The Prosecutor v. Uhuru Muigai Kenyatta, having regard toArticles 54(1), 61(9), 61(11), 64(2), 64(4), 64(6)(f) and 67 of the Rome Statute("Statute") and Rules 77 and 134(1) of the Rules of Procedure and Evidence("Rules"), issues the following Decision on defence application pursuant toArticle 64(4) and related requests ("Decision").I. Procedural history1. On 23 January 2012, after a hearing on the confirmation of charges("Confirmation Hearing") held between 21 September and 5 October
2011,
Pre-Trial Chamber II confirmed charges of crimes againsthumanity against Mr Kenyatta and his then co-accused Mr Muthaura("Confirmation Decision").
^
On 29 March 2012, the Presidencyreferred the case against Mr Muthaura and Mr Kenyatta to theChamber for the conduct of the subsequent proceedings.^ On 9 July2012,the Chamber scheduled the commencement date for trial as 11April 2013.3
2.
On 5 February
2013,
the defence for Mr Kenyatta ("Defence") filed anapplication requesting that the "preliminary issue of the validity ofthe Confirmation Decision be referred to the Pre-Trial Chamber forreconsideration pursuant to Article 64(4), and that the trial date bevacated ("Article 64(4) Application").^ The Article 64(4) Applicationalleged that the Confirmation Decision was rendered invalid as a
Decision on the Confirmation of Charges Pursuant to Article 61(7)(a) and (b) of the Rome Statute,ICC-01/09-02/11-382-Red.^ Decision referring the case of The Prosecutor v. Francis Kirimi Muthaura and Uhuru MuigaiKenyatta to Trial Chamber V, ICC-01/09-02/11-414.
^
Decision on the schedule leading up to trial, ICC-01/09-02/11-451, page 10.
^
Defence Application to the Trial Chamber Pursuant to Article 64(4) of the Rome Statute to Refer thePreliminary Issue of the Confirmation Decision to the Pre-Trial Chamber for Reconsideration, ICC-01/09-02/11-622, para. 42.
No.
ICC-01/09-02/11 3/57 26 April 2013
ICC-01/09-02/11-728 26-04-2013 3/57 FB T

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