ICC-01/09-01/11-1157-AnxA 24-01-2014 1/5 NM T

Annex A Public

ICC-01/09-01/11-1157-AnxA 24-01-2014 2/5 NM T

Seventh Periodic Report on the general situation of victims in the case of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang and the activities of the VPRS and the Common Legal Representative in the field Introduction 1. During the reporting period the common legal representative (the “CLR”) did not meet with victims of The Prosecutor v. William Samoei Ruto and Joshua Arap Sang Case (the “Case”). Instead, members of the CLR’s team carried out a series of field activities with potential clients to assess their status as victims of the Case using a form devised jointly by the Victims Participation and Reparations Section (the “VPRS”) and the CLR for this purpose. In implementing the registration system, the VPRS and the CLR were guided by the Chamber’s 3 October Decision in making the process “considerably less detailed and onerous than the application forms required by Rule 89(1) of the Rules and Regulation 86 of the Regulations”.1 The registration forms of those victims deemed to fall within the scope of the present Case by the CLR’s team were later submitted to the VPRS and registered in accordance with paragraph 48 of the 3 October Decision. The registration system will be described in further detail below. 2. During the same period the VPRS accompanied the CLR’s team to assist with the above-mentioned meetings, including by providing explanations to those victims assessed as falling outside the scope of the Case. The VPRS, with the assistance of intermediaries, also met with victims who had submitted applications to participate in the proceedings but were assessed by the CLR as falling outside the scope of the Case. 3. The present report will cover the following topics: A. Information on the registration process designed for victims who have not submitted applications using the Court’s Standard Application Forms2 (the “SAF”) to the VPRS at a previous stage of the proceedings and who chose to register; B. Information concerning the activities of the CLR in the field; C. Information concerning the activities of the VPRS in the field.

3 October Decision, para 24. ICC Website, Application Form for Individuals: http://www.icccpi.int/en_menus/icc/structure%20of%20the%20court/victims/Pages/forms.aspx
1

2

ICC-01/09-01/11-1157-AnxA 24-01-2014 3/5 NM T

A. The registration process for victims seeking to participate at trial 4. Guided by the 3 October Decision, the VPRS and the CLR have devised a system to facilitate registration for victims who wish to register and participate in the Case and who have not submitted an application using the SAF to the VPRS at a previous stage of the proceedings. In constructing the registration system, the VPRS and CLR remained mindful of the challenges presented by the various contextual circumstances outlined in the 3 October Decision, 3 as well as the need to facilitate consistent interaction between the CLR and large numbers of victims while ensuring efficiency and flexibility. 5. Potential victims of the Case have been identified by the VPRS through both past and on-going mapping exercises. Once identified, the CLR arranges to meet the victims in groups and in locations close to where they reside. Trained intermediaries and sometimes victims themselves are used at the outset to help facilitate these meetings including inter alia by giving advice on safe and appropriate meeting venues and by inviting the victims in the group to the meeting. In order to enable the CLR to assess whether a victim qualifies as a victim of the Case in accordance with paragraph 53 of the 3 October Decision, victims are asked to complete a two-page registration form.4 The registration form includes space for the collection of the information listed in paragraph 49 of the 3 October Decision as well as questions designed to aid the CLR in determining whether or not the individual can be considered a victim of the Case. After completing the verification process, if the victims so choose, they can elect to register with the Registry, in which case the registration form will be sent by the CLR to the VPRS for registration in accordance with paragraph 49 of the 3 October Decision. 6. Once the registration forms are received at headquarters in The Hague, the VPRS registers them, assigns application numbers, scans them and enters the key data into the database. Victims are grouped in the electronic system according to the same grouping used in the field by the CLR. The number of victims in a particular group is limited in order to enable them to be managed effectively by the CLR team.
3 October Decision, para 51, referring to the difficulties some victims may face as a result of their age or mental or physical capacities and to the fact that some victims may not be willing or able to ask another person to register on their behalf or may be subject to social pressure not to report the crimes they claim to have suffered or may be afraid of intimidation or ostracism in the event that their registration becomes known in their community. 4 See Annex B.
3

ICC-01/09-01/11-1157-AnxA 24-01-2014 4/5 NM T

7.

Grouping in the database is designed to allow the VPRS and the CLR to keep track of the victims registered as the numbers increase, and to centralise and collate the information received. Information is also collected on the groups themselves through a form (the “meeting form”) that is provided to the VPRS by the CLR after each meeting between a group of victims and the CLR. The information derived from the meeting forms is used by the VPRS to compile the two month periodic reports for the Chamber, and allows the VPRS to be kept up-to-date on the latest composition of the groups in the field as well as the activities of the CLR in the field.

B. Information concerning the activities of the CLR in the field 8. During the reporting period, members of the CLR’s team, in conjunction with the VPRS, carried out a series of meetings involving potential victims of the Case. Through these exercises 240 victims were met from Kisii and Nyamira Counties and 210 were assessed by the CLR’s team as falling within the scope of the Case. 9. The Registry notes that all of the meetings with victims reported by the CLR during the present reporting period and the last appear to have been conducted in his absence. The Registry will expect to receive information, in future reports, that the CLR has been meeting with victims in person.

C. Information concerning the activities of the VPRS in the field 10. Staff from the VPRS participated in the missions conducted by members of the CLR’s team to meet with victims. During the meetings, persons who had been identified through VPRS’ mapping efforts were assisted through the verification process by the CLR’s team and staff from VPRS. Due to the absence of the CLR himself, the persons who were assessed by his team as falling within the scope of the Case were informed by members of his team that they would be asked to attend a further meeting with the CLR at a later date in order to be able to provide their views and concerns. 11. During the same period, the VPRS also met with groups of victims whose applications have been assessed to fall outside the scope of the Case by the CLR, and informed them of their status. Considering the frequency with which the VPRS is called upon to deliver messages of this nature, the VPRS, with the help of PIDS, devised a new presentation model that includes a number of audio visual tools, many of which have been translated into Kiswahili, to help deliver complex messages such as: the difference between participating victims and

ICC-01/09-01/11-1157-AnxA 24-01-2014 5/5 NM T

victims falling outside the scope of the Case, the difference between victims and witnesses, and the difference between participation and reparations. These meetings were also held in conjunction with civil society actors who informed victims about local and national initiatives not related to the Court that may also be relevant to victims. 12. Recognizing the challenges in communicating complicated legal messages to disparate linguistic and cultural groups, the VPRS asked representatives of civil society organisations to survey a random sample of people attending these sessions in order to assess comprehension levels and determine how the subject matter itself was received. Feedback from the surveys, when possible, was incorporated into the presentation model in an effort to increase the effectiveness of future engagements.

Sign up to vote on this title
UsefulNot useful