Muthaura, Kenyatta & Ali case: Opening of the confirmation of charges hearing, 21 September 2011

The opening of the confirmation of charges hearing in the case of The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali took place on Wednesday, 21 September 201 before Pre-Trial Chamber II of the International Criminal Court (ICC), which is composed of Judge Ekaterina Trendafilova (presiding judge), Judge Hans-Peter Kaul and Judge Cuno Tarfusser.

A confirmation of charges hearing is held to determine whether there is sufficient evidence to establish substantial grounds to believe that each suspect committed each of the crimes being charged. If the charges are confirmed for a suspect, the Pre-Trial Chamber commits the person to trial before a Trial Chamber, which will conduct the subsequent phase of the proceedings: the trial.

Mr Muthuaura and Mr Kenyatta are allegedly criminally responsible as indirect co-perpetrators for the crimes against humanity of: murder; forcible transfer of population; rape; persecution and other inhuman acts. Mr Ali has allegedly otherwise contributed to the commission of the above-mentioned crimes against humanity alleged to have been committed in Kenya in the context of the 2007-2008 post-election violence.


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