KOFI ANNAN TURNS OVER NAMES OF POST-ELECTION

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 001471 SIPDIS AF/E FOR SUSAN DRIANO, LONDON AND PARIS FOR AFRICA WATCHERS E.O. 12958: DECL: 07/09/2019 TAGS: PGOV PREL PHUM KDEM KE SUBJECT: KOFI ANNAN TURNS OVER NAMES OF POST-ELECTION VIOLENCE SUSPECTS TO ICC Classified By: Poloff Keith B. Bean for reasons 1.4 (B and D) ¶1. (U) On July 9 Kofi Annan, Chair of the AU Panel of Eminent Personalities, handed over to the Prosecutor of the International Criminal Court (ICC) the names of high-level organizers and financiers of Kenya's 2007/8 post-election violence and the evidence against them found by the Waki Commission of inquiry into post-election violence. In response, the government issued a press statement in which it pledged to carry out the terms of an agreement reached between the Governemnt and the ICC on July 3 (Septel, see para 3 for text of statement). ¶2. (U) On July 9 Kofi Annan released the following press statement regarding the handover of names of suspected organizers of post-election violence: Begin text: Mr. Kofi Annan, Chairman of the AU Panel of Eminent African Personalities, today informed President Mwai Kibaki and Prime Minister Raila Odinga that the Panel had transmitted to the Prosecutor of the International Criminal Court the sealed envelope and supporting materials entrusted to him by the Waki Commission on 17th October 2008. The Panel made this decision in light of the recent agreement reached by the Prosecutor of the International Criminal Court, Mr. Luis Moreno-Ocampo, and the delegation of the Government of Kenya comprising the Hon. Mutula Kilonzo, Minister of Justice, the Hon. James Orengo, Minister of Lands, and Hon. Amos Wako, Attorney General, on 3rd July ¶2009. Speaking from Geneva, Mr. Annan "welcomed the Government of Kenya's renewed efforts to implement the recommendations of the Waki Commission and to establish a Special Tribunal", but added that, "any judicial mechanism adopted to bring the perpetrators of the post-election violence to justice must meet international legal standards and be broadly debated with all sectors of the Kenyan society in order to bring credibility to the process." The Panel "reaffirms its conviction that combating impunity and bringing to justice the perpetrators of the post-election violence in Kenya is fundamental for the country's reform agenda." Mr. Annan added that, "Justice delayed is justice denied. The people of Kenya want to see concrete progress on impunity. Without such progress, the reconciliation between ethnic groups and the long-term stability of Kenya is in jeopardy." Mr. Annan and the other members of the Panel, Mr. Benjamin Mkapa, former President of Tanzania, and Mrs. Graca Machel of Mozambique, reiterated their firm commitment to support efforts to implement the comprehensive reform program under the Kenyan National Dialogue and reconciliation process. End Text. ¶3. (U) Also on July 9, the government issued the following press statement in reaction to Kofi Annan's handover to the ICC of the names of suspected organizers of post-election violence: Begin Text Kenya Government Statement Nairobi, 9th July 2009 The Government delegation to Geneva and the Hague comprising of the Minister of Justice, National Cohesiona and Constitutional Affairs, Hon. Mutula Kilonzo, the Minister for Lands, Hon. James Orengo, the Attorney General, Hon. Amos Wako, and the Assistant Minister of Justice, Hon. William Cheptumo Kipkorir, has briefed both H.E. the President and the Rt. Hon. Prime Minister on the outcome of the fact-finding missions undertaken on the 2nd and 3rd July ¶2009. We, the members of the delegation, confirm that the two Principals have today received formal communication from Dr. Kofi Annan, the Chair of the Panel of Eminent African Personalities on the hand-over of the envelope containing the names of suspects and supporting evidence prepared by the Commission of inquiry on Post Election Violence (CIPEV) to the International Criminal Court (ICC) at The Hague. NAIROBI 00001471 002 OF 002 Under the circumstance, and arising from the briefing, the Government confirms that it will carry out the terms of the agreement with the Prosecutor of the International Criminal Court, Mr. Luis Moreno-Ocampo, and in implementation of the recommendations of the report of the CIPEV. The Government has dispatched in accordance with that agreement a report on the current status of post-election violence related cases. The Government has also dispatched a copy of the Witness Protection Act, Regulations made thereunder as well as steps taken to set up the Witness Protection Unit. An updated report on the status of the investigations and prosecutions will be provided to teh ICC in due course. The Government is working on a draft Constitutional Amendment Bill on an Independent Tribunal to deal with crimes within the framework of the Rome Statute. End Text. COMMENT -------------- ¶4. (C) Kofi Annan confirmed in a phone conversation with the Ambassador on July 7 that he would turn over to the ICC the Waki Commission names and evidence in a few days. Annan also told the Ambassador that the Minister of Justice Kilonzo's interpretation of the agreement between the GoK and the ICC - which Kilonzo argued gave Kenya a 13 month reprieve to establish the Special Tribunal (Septel) - was incorrect. By turning over the evidence to the ICC, Annan re-establishes the credibility of his calls to tackle impunity, as many in government thought Annan would not follow through on his threat to do so. Now that the ICC has taken possession of the names and evidence, it appears that it may be willing to assert jurisdiction should the Government fail to establish quickly a credible process to hold accountable those responsible for post-election violence. Thus, Annan's move increases the pressure on the government to establish a local tribunal. Post is planning to join a joint press statement with like-minded diplomatic missions to support Annan's move and the creation of a credible, independent local tribunal. End Comment. SLUTZ