International Criminal Court victims who took part in Kenya Case II will not receive compensation from the Trust Fund for Victims (TFV). This is because no conviction has been made.
TVF Executive Director Pieter de Baan, revealed that so far nobody has been convicted in the case, therefore the possibility of paying the victims who participated in the case for the damages caused is mightily slim.
Pieter de Baan told Capital FM news that:
The Trust Fund may only redress victims in the case after a conviction and in the form of reparations so ordered by the court. The Trust Fund mandate to implement reparations on behalf of the court therefore may only occur in instances of a conviction.
If there is no conviction of a perpetrator at the ICC, then regretfully neither the court nor the Trust Fund is in a position to compensate victims in relation to the case. The Trust Fund is not permitted to award reparations (including compensation) to victims in Kenya where no conviction by the court exists,
The Common Legal Victims Representative of Victims in Kenya Case II, Fergal Gaynor, represented 233 victims. The case was closed in December 2014 on the ground that there was no reliable proof against President Uhuru Kenyatta.
The victims have not received any compensation or help of any sort from the court since the case was dropped contrary to the what Gaynor anticipated.
Gaynor told Capital FM News.
We have repeatedly contacted the Trust Fund for Victims (TFV) to communicate to them the urgent need for assistance to PEV victims in Kenya under the TFV’s general assistance mandate. Unfortunately, to my knowledge the TFV has yet to provide assistance to even one victim in Kenya.
However, this development is somewhat not in line with what ICC stated in its webiste. ICC website suggests TFV can assist the victims of crimes even without a conviction.
Head of ICC Outreach Programme in Kenya, Maria Kamara, also revealed that
victims have the possibility to request for reparation at the end of a trial and if there is a guilty verdict. In a situation where a case did not go to trial, reparation is not applicable.
Charges against President Kenyatta were withdrawn in December 2014.
Gaynor says it is unfair that victims he represented have not received any assistance even after he made the request.
I do not have any information from the TFV as to when it might be able to provide assistance to victims in Kenya.
The TFV’s inaction in Kenya is obviously deeply disappointing to many victims, especially those who were first informed of the TFV’s existence and mandate by ICC staff in Kenya in 2010.
Gaynor further directed his protest to the government of Kenya which he says has a responsibility to compensate victims of the 2008 Post Election Violence.
The tragedy is that the thousands of Kenyans who lost so much, and suffered so seriously, during the PEV are also the principal victims of the obstruction of justice in the Kenyan cases. The government’s failure to act on its repeated promises to deliver fair compensation to the victims – in particular those who now live in Nyanza and Western – adds salt to their wounds.
The Trust Fund for Victims (TFV) is a global movement to end impunity for the gravest of crimes and alleviate suffering by supporting and implementing programmes that address harms resulting from genocide, crimes of humanity and war crimes.
The TFV achieve this through a two-fold mandate: (i) implement Court-Ordered reparations and (ii) to provide physical, psychological, and material support to victims and their families.
The initative returns victims to dignified and contributory life which they had in the past within their communities before they fell victims of crimes.
Meanwhile the government started a resettlement programme for Internally Displaced Persons (IDPs) across the country in 2008 after post-election violence in 2007/2008.
Government has till date spent about Sh17.5 billion in total in the settlement programme.
President Kenyatta also apologized publicly to victims of historical injustices including victims of PEV and assured them of a Sh10 billion restorative justice fund.
But this money has not be given to the victims who suffered injustice in the past.
This is because Parliament has been delaying in embracing the Truth Justice and Reconciliation Commission report, and has also derailed the process of implementing its recommendations.
This among others clearly speak for the compensation of victims of past injustices including PEV.