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Joseph Kony: Lawyers ask ICC to hold confirmation of charges hearing in Uganda

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Prosecution lawyers have asked the International Criminal Court to hold the hearing on confirmation of charges for Lord’s Resistance Army leader, Joseph Kony in Uganda.

In ICC last month ruled that all the requirements to hold a confirmation of charges hearing in the absence of the suspect Joseph Kony are now met and that the hearing will be held at a date to be announced at a later stage.

Updating journalists about the case in Kampala on Thursday, Dahirou Santana, the international cooperation advisor in the office of the ICC chief prosecutor said the hearing for confirmation of charges will be held at a date next year but said the prosecutor has asked that it is held in Kampala.

“We as the prosecution have made a request to the judge to consider holding the confirmation of charges hearing in absentia in Uganda because we believe it is good for it to take place close to the affected communities,” Dahirou said.

He said three locations including Kampala, Gulu or Lira and have been proposed to be venues to host the confirmation of charges hearing for Kony in absentia.

Leonie Von Braun, a senior lawyer in the office of the prosecutor said holding the confirmation of charges hearing in Uganda would help bring justice closer to the victims of Kony’s atrocities.

The official from the ICC prosecutor’s office said it will be the discretion of the judges to either grant and dismiss the request.

The hearing

Dahirou said during the confirmation of charges hearing for Kony in absentia, the prosecutor will try to convince judges that whereas all efforts have been made to secure the appearance of the Lord’s Resistance Army chief in court, he has evaded arrest.

“We are arguing that these efforts have been made over the years but we couldn’t bring him to court,” he said.

The official from the prosecutor’s office says that whereas they are required to prove that Kony has been informed of the charges against him, they have evidence to prove this.

“We say he is aware that a warrant of arrest has been issued against him because we know he has commented about it in an interview with BBC but he also spoke about it during radio communication with LRA commanders.”

Dahirou said Kony is aware that the confirmation of charges hearing is to be done in his absence, noting that the ICC registry was instructed and has made efforts to notify him of the same.

“Last year and this year , intensified outreach activities have been carried out by ICC registry in Uganda and other countries in the region to make sure Joseph Kony is informed that the hearing will take place in his absence. The office of the prosecutor filed document containing charges but also a lawyer was appointed to represent Joseph Kony’s interests. All conditions for confirmation of the charges are met.”

According to Braun said they will try to convince judges of the ICC to confirm charges against Kony, noting that part of the evidence they have includes attacks on seven IDP camps including Barlonyo and Lukodi among others as well as abduction of girls and  enslavement  among others.

She added that efforts to track and arrest Kony in Central African Republic where he is hiring are continuing, noting that they are still following several leads.

The senior lawyer in the office of the ICC prosecutor however said they are challenged by the bad terrain which makes efforts to raid Kony’s hideout difficult.

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