On 23 April 2021, Pre-Trial Chamber A (Article 70) of the International Criminal Court (“ICC” or “Court”), composed of Judge Reine Adélaïde Sophie Alapini-Gansou, set new dates for the filing of the written submissions in relation to the confirmation of charges proceedings in the case against Mr Paul Gicheru.
The confirmation of charges proceedings in this case is conducted in writing. Mr Gicheru is suspected of offences against the administration of justice by corruptly influencing witnesses of the Court. He has been granted interim release with conditions and arrived in Kenya on 1 February 2021.
This new calendar follows the request of Mr Gicheru’s Defence for an extension of time to file its written submissions. The Chamber accepted to postpone the deadlines and set the following amended dates for the confirmation of charges proceedings:
- The Prosecution shall complete the disclosure of the evidence by 26 April 2021 at the latest;
- The Prosecution and the Defence shall file their written submissions on 30 April 2021 at the latest;
- The Prosecution shall file a response on 7 May 2021 at the latest;
- The Defence shall file a reply on 17 May 2021 at the latest; and
- The Chamber will issue its decision on the confirmation of charges within 60 days of receipt of the Defence’s reply.
The purpose of the confirmation of charges procedure is to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the offences against the administration of justice charged. If the charges are confirmed, totally or partly, the case will be transferred to a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.
Amended scheduling Order for the confirmation of charges proceedings
Background
The arrest warrant against Mr Gicheru and Philip Kipkoech Bett was issued under seal on 10 March 2015 and unsealed on 10 September 2015 for offences against the administration of justice consisting in corruptly influencing witnesses of the Court. On 2 November 2020, Paul Gicheru surrendered in The Netherlands and was surrendered to ICC custody on 3 November 2020. His first appearance before the ICC took place on 6 November 2020. On 11 December 2020, Pre-Trial Chamber A severed the cases against Paul Gicheru and Philip Kipkoech Bett.