RELEASED ON CONDITIONS

ICC officially releases lawyer Paul Gicheru from custody

Gicheru shall provide Sh1m financial security to the ICC Registrar.

In Summary

• In a statement on Monday, ICC said Gicheru was released to Kenya with specific conditions restricting liberty, during the confirmation of charges proceedings against him at the court.

•Gicheru is among the three Kenyans whom the international court had been looking for interfering with its witnesses in the cases against humanity related to the 2007-08 post-election violence.

Paul Gicheru appearing before the ICC via video-link from the ICC Detention Centre on 6 November 2020 ©ICC-CPI./ICC
Paul Gicheru appearing before the ICC via video-link from the ICC Detention Centre on 6 November 2020 ©ICC-CPI./ICC

The International Criminal Court has today officially released lawyer Paul Gicheru from its custody.

This means that the pre-trial chamber’s decision was implemented as soon as the ICC Registry finalised all the necessary arrangements. 

In a statement on Monday, ICC said Gicheru was released to Kenya with specific conditions restricting liberty, during the confirmation of charges proceedings against him at the court.

This follows Pre-Trial Chamber A's decision on January 29, 2021, granting him interim release with conditions.

He is suspected of offences against the administration of justice consisting in corruptly influencing witnesses of the Court.

The confirmation of charges procedure, in this case, will, in principle, be conducted in writing to determine whether or not there is sufficient evidence to conduct the subsequent phase of the proceedings.

Gicheru is among the three Kenyans whom the international court had been looking for interfering with its witnesses in the cases against humanity related to the 2007-08 post-election violence.

The Chamber additionally noted that the Prosecutor did not oppose Gicheru’s request for interim release together with conditions restricting liberty and that he is suspected of offences under article 70(1)(c) of the Rome Statute, consisting in corruptly influencing witnesses regarding cases from the situation in Kenya, which attract lower sanctions if established.

Moreover, the Chamber is of the view that the risks mentioned under article 58(1)(b) of the Rome Statute may be adequately mitigated by imposing conditions restricting liberty.

Pre-Trial Chamber imposed the following conditions restricting Gicheru's liberty;

He shall provide financial security to the ICC Registrar in the form of cash or bank order to the value of KSH 1,000,000 (one million Kenyan shillings);

He shall surrender himself immediately to the relevant authorities if required by the Chamber.

He shall shall not, directly or through any other person, make any public statements, social media post, or communicate with the media about the merits of the case;

Shall reside in Kenya at a specific address for the duration of the proceedings when not present in the Netherlands for the purposes of court proceedings, unless otherwise authorised in advance by the Chamber;

Shall provide the Registrar with copies of all passports, visas, identity documents, and any other travel documents issued to him;

Shall not travel internationally except to the extent permitted by the Chamber and shall inform the Registrar or his delegate, no later than seven days prior to any international travel;

Shall report once a week to the Registrar, his delegate, or other person(s) on the date and time and in the manner to be determined by the Registrar, which may include the use of video conferencing technology; and

shall provide the Registrar with all mobile and other telephone numbers and shall ensure that at least one of his mobile telephone numbers remains active and with sufficient credit to be reachable at any time.

In the event that Gicheru would fail to comply with any of the conditions, the Chamber may declare the financial security provided by Gicheru forfeit to the Court.

It may also issue a warrant of arrest in respect of Gicheru at the request of the Prosecutor or on its own initiative, and/or issue any other order it deems relevant in relation to a failure to comply with these conditions.