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Tag Archive: journalist
Jakaya Mrisho Kikwete (born October 7, 1950) is the 4th and current President of the United Republic of Tanzania. Kikwete was born in Msoga, Bagamoyo District, Tanganyika in present day Tanzania. Kikwete was also the Chairperson of the African Union from 31 January 2008 to 2 February 2009.
Leadership and political career
George
W. Bush welcomes Jakaya Kikwete in New York City.
Graduating with a degree in economics in 1975, he opted for a low-paying job as an executive functionary/officer of the ruling Party (TANU later CCM). This gave him the opportunity to work at the grassroots in rural regions and districts of Tanzania.
Kikwete sharpened his leadership acumen in the military. He first had basic military training at Ruvu National Service Camp (1972) and later underwent a basic officers course at the famous Tanzania Military Academy at Monduli, Arusha. This is Tanzania’s top military training institution. On successful completion of the course, he was commissioned as a lieutenant in 1976. He also undertook Company Commander’s Course in 1983 at the same academy. In his military career, he rose to the rank of Lieutenant-Colonel. From 1984 to 1986, Kikwete was Chief Political Instructor and Political Commissar at the Military Academy. He retired from the military as a lieutenant-colonel when political pluralism was reintroduced to Tanzania in 1992 when he chose to become a full time politician. Prior to that, he was permitted to be both in the military and political leadership.
In elective Party politics, Kikwete started shining in 1982 when he was overwhelmingly elected by the party (CCM) national congress to be a Member of the National Executive Committee. This is the highest policy and decision-making body of the party. He has won re-elections to the body every five years since then. Also, in 1997, he was elected a member of the party’s powerful 31-member Central Committee (CC). He is still a member of the Central Committee since he was reelected in 2002 for another term of 5 years.
As a party cadre, Kikwete moved from one position to another in the party ranks and from one location to another in the service of the party. When TANU and the Zanzibar’s Afro-Shirazi Party (ASP) merged to form CCM in 1977, Kikwete was moved toZanzibar and assigned the task of setting-up the new party’s organisation and administration in the Islands. In 1980, he was moved to the Party’s Headquarters as
Administrator of the Dar es Salaam Head Office and Head of the Defence and Security Department before moving again up-country – to regional and district party offices in Tabora Region (1981-84) and Nachingwea (1986-88) and Masasi District (1988) in the country’s southern regions of Lindi and Mtw
ara respectively. President Kikwete throve in the military and grassroots party political organisation, mobilisation and administration until 1988 when he was appointed to join the Central Government. The then President Ally Hassan Mwinyi appointed him Member of Parliament and, simultaneously, Deputy Minister for Energy and Minerals on November 7, 1988. In 1990 he was promoted to full Minister responsible for the Ministry of Water, Energy and Minera
ls. Later the same year he successfully contested for a parliamentary seat in his home constituency of Bagamoyo. He was reappointed Minister for Water, Energy and Minerals in the government formed after the elections.
In 1994, at 44, he became one of the youngest Finance Ministers in the history of Tanzania. At the Treasury, he established discipline in public finance management and accountability and, until today, he is still remembered for establishing cash budget system and revamping of revenue collection structures, methods and institutions, including preparations for the formation and eventual establishment of the Tanzania Revenue Authority.
In December 1995, he became Minister of Foreign Affairs and International Cooperation, being appointed by President Benjamin William Mkapaa of the third phase government. He held this post for ten years, until he was elected President of the United Republic of Tanzania in December 2005, hence becoming the country’s longest serving foreign minister. During his tenure in the Ministry of Foreign Affairs, Tanzania played a significant role in bringing about peace in the Great Lakes region, particularly in Burundi and the Democratic Republic of Congo (DRC). Kikwete was also deeply involved in the process of rebuilding regional integration in East Africa. Specifically, several times, he was involved in a delicate process of establishing a Customs Union between the three countries of the East African Community (Kenya, Uganda and Tanzania), where, for quite some time, he was a Chairman of East Africa Community’s Council of Ministers. Introducing candidate Kikwete at a campaign rally in Dar es Salaam on 21 August 2005, former President Mkapa described him as a super-diplomat, in recognition of his role in the search for peace in neighboring Burundi and the Democratic Republic of Congo. Kikwete also participated in the initiation, and became a Co-Chair, of the Helsinki Process on Globalisation and Democracy. On May 4, 2005, Kikwete emerged victorious among 11 CCM members who had sought the p
arty’s nomination for Presidential candidacy in the general election. After a 14 December 2005 multiparty general election, he was declared a winner by the Electoral Commission on December 17, 2005 and was sworn-in as the Fourth President of the United Republic of Tanzania on 21 December 2005.
President Kikwete’s governing philosophy and political views are influenced by those of Mwalimu Julius Nyerere whom the President was privileged to be close to. So far Kikwete’s government has received accolades across the country and in the donor community for fighting corruption, investing in people, particularly in education, and push for new investments.
Although in the past two years of Kikwete’s presidency, a remarkable 1,500 new secondary schools have been built and a new 40,000-student science university has started being built in Dodoma, central Tanzania, the quality of these new schools are very poor, (no teachers, no desks etc), and there is still a lot that needs to be done. But these successes have led the United States government to grant Tanzania US $698 million under the Millennium Challenge Account assistance program, the UK government US $500 million for education, and the New York based Africa-America Institute(AAI) to award Tanzania the Africa National Achievement Award in September 2007 in New York.
President Kikwete launched a national campaign for voluntary HIV/AIDS testing in Dar es Salaam. He and his wife Mama Salma Kikwete were the first to be tested.
He was elected as Chairman of the African Union on January 31, 2008 at an AU summit in Addis Ababa. His first notable success as AU Chairman was to help bring a two month political crisis in Kenya to an end by brokering a power-sharing deal between Mwai Kibaki and Raila Odinga. He was also one of the first to criticise Robert Mugabe’s regime at the most recent summit.
Honours
Honour Awarded by Date of Award Reason for Award
• Honorary doctorate degree in Law Rev. Dennis Dease, University of St. Thomas (Minnesota)
September 2006 inrecognition of his dedicated public service[3]
• Honorary degree (Doctor of Humane Letters)
Dr Harris Mule, Kenyatta University
December 2008 in recognition of his efforts in solving conflicts and ensuring peace in Africa[4]
• Honorary doctorate in the science field of International Relations Prof Şerif Ali Tekalan
, Fatih University
February 2010 for promoting international relations between Turkey and Tanzania[5]
• Honorary doctorate degree of Public Health Muhimbili University of Health and Allied Sciences
11 December 2010 for his efforts in modernizing the health sector and ensuring higher learning opportunities for health workers[6]
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Prime Minister Raila Odinga told journalists he was shocked to hear President Mwai Kibaki had announced late Friday nominees for chief justice, top prosecutor, attorney general and budget chief.
“Without a doubt this decision has thrown the country into a major constitutional crisis and may be the beginning of the end in respect of the implementation of the reform agenda if not corrected and reversed,” Odinga said.
He called on the president to withdraw the nominations or his party will pursue measures to block them, including legal ones.
The nominations were made on the eve of Kibaki’s trip to neighboring Ethiopia, where the African Union is holding a regular summit this weekend.
At the summit, Kibaki is expected to follow up on a lobbying mission the vice president led in recent weeks to seek the support of several African countries for a request to defer the cases of six prominent Kenyans at the International Criminal Court. Kibaki’s supporters argue a new constitution passed in August lays out far-reaching changes to the judiciary to be implemented within a year that will see Kenya able to handle the ICC cases.
Kibaki’s supporters want the AU to lobby the U.N. Security Council to pass a resolution in favor of deferring the Kenyan cases. The Security Council is the only body under international law that can request a 12-month deferral on an ICC case. Such a request can be renewed once.

Odinga has said that the Cabinet has not discussed such a move. He argued on Saturday that Kenya is better off applying to the ICC directly, but only after having implemented genuine reforms in the judiciary.
In December, ICC Prosecutor Luis Moreno Ocampo asked judges to charge a deputy prime minister, the secretary to the Cabinet, two former Cabinet ministers, a former police chief and a prominent radio journalist with crimes against humanity, including murder, rape and torture. The judges are expected to make their decision in the coming months.
Kibaki and Odinga formed a power-sharing government three years ago to end violence that followed the disputed December 2007 elections. More than 1,000 people died in that violence.
Their coalition government has never been harmonious, but since the middle of last year, Kibaki and Odinga have had a good working relationship. Saturday’s statement by Odinga marks the first major disagreement between the two since the middle of last year.
Source: Tom Maliti, The Associated Press
©http://blackchristiannews.com/news/2011/01/kenya-prime-minister-warns-of-constitutional-crisis-over-new-appointments.html
FMI HAS THE RIGHT TO EDIT ANY EXTERNAL ARTICLE INORDER TO MEET OUR ETHICS
By James Chege
members of the Kenyatta University
Students Journalism Club (KUSJC)
visited a leading media house in the
region where they got valuable lessons on
communication.
The visit to the Standard Group Centre,
the home of the Standard Group was an
eye opener to the 20 KUSJC members. The
Centre, on Mombasa Road, comprises various
sections, including the studios of the Kenya
Television Network (KTN), Radio Maisha, the
Publishers Distribution Service (PDS), Standard
newspapers, and the printing press.
The students were taken around the
premises by Mr. Michael Kivindyo a senior
Corporate Affairs official with the Group. The
five-hour tour on November 4, 2010, saw the
KU team tour key areas including the creative
section (where the KTN graphic designers and
animators were busy developing new ideas);
the security section; the editorial library; and,
the newsroom ,where they interacted with
experienced journalists at work. In fact, Lenny,
the Group’s cartoonist, was at had to draw and
autograph caricatures for the students.
Perhaps the most memorable part of the visit
was the printing section where the budding
journalists were taken through the automated
press process of printing, packaging and
loading newspapers into vans ready for
delivery.
Mr. Kivindyo encouraged the potential
journalists to strive to become great scribes.
“Good is the enemy of great,” he said.
| Luis Moreno-Ocampo | |
|---|---|
| Born | 1952 Buenos Aires |
| Nationality | Argentine |
| Title | International Criminal Court Prosecutor |
| Term | 2003-present |
Luis Moreno-Ocampo (born 4 June 1952)[citation needed] is an Argentine lawyer who has been the Prosecutor of the International Criminal Court (ICC) since 16 June 2003. He previously worked as a prosecutor in Argentina, famously combating corruption and prosecuting human rights abuses by senior military officials. He has also lectured in criminal law and practiced law privately.
Career in Argentina
Moreno-Ocampo graduated from the University of Buenos Aires Law School in 1978, and from 1980 to 1984 he worked as a law clerk in the office of the Solicitor General.
From 1984 to 1992, Moreno-Ocampo worked as a prosecutor in Argentina.[2] He first came to public attention in 1985, as Assistant Prosecutor in the “Trial of the Juntas“—the first time since the Nuremberg Trials that senior military commanders were prosecuted for mass killings.[2][3] Nine senior commanders, including three former heads of state, were prosecuted and five of them were convicted.[2] He served as District Attorney for the Federal Circuit of the City of Buenos Aires from 1987 to 1992, during which time he prosecuted the military commanders responsible for the Falklands War, the leaders of two military rebellions, and dozens of high-profile corruption cases.In 1987, he helped United States prosecutors extradite General Guillermo Suárez Mason to Argentina.
He resigned as a prosecutor in 1992 and established a private law firm, Moreno-Ocampo & Wortman Jofre. He defended several controversial figures, including Diego Maradona, former economics minister Domingo Cavallo, and a priest accused of sexually abusing minors.He represented the victims in extradition proceedings against Nazi war criminal Erich Priebke, and also in the trial of the murderer of Chilean General Carlos Prats.
During this time, he was also an Associate Professor of criminal law at the University of Buenos Aires and a visiting professor at Stanford University and Harvard Law School.[1] He has acted as a consultant to the World Bank, the Inter-American Development Bank and the United Nations.[1] He is a former member of the advisory board of Transparency International and a former president of its Latin America and Caribbean office.
During the late 1990s, he starred in a reality television programme, Fórum, la corte del pueblo, in which he arbitrated private disputes.
The International Criminal Court
On 21 April 2003, Moreno-Ocampo was elected unopposed as the first Prosecutor of the new International Criminal Court.[2][3] He was sworn in for a nine-year term on 16 June 2003. As of February 2009, he has opened investigations into four situations: Northern Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur.[6] The court has issued public arrest warrants for fourteen people; seven of them remain free, two have died, and five are in custody.
Moreno-Ocampo also led an investigation against leaders of the Lord’s Resistance Army, who in 2005 faced arrest warrants by the ICC for crimes against humanity. In October 2006 a media spokesman in the prosecutor’s office filed an internal complaint accusing Moreno-Ocampo of sexual misconduct.A panel of three ICC judges investigated the complaint and found that it was “manifestly unfoundedbut Moreno-Ocampo generated a controversy when he summarily dismissed the staff member who made the complaint. The Administrative Tribunal of the International Labour Organization subsequently awarded the employee almost £120,000 in damages, ruling that Moreno-Ocampo had breached due process and seriously infringed the employee’s rights.The ILO held that the original complaint against Moreno-Ocampo had been made in good faith, and that Moreno-Ocampo should not have participated in the decision to fire the employee as he had a personal interest in the matter.[
Moreno-Ocampo directed an investigation against Germain Katanga and Matthieu Ngudjolo Chui,[10] who received arrest warrants in 2007 and 2008 respectively for crimes against humanity in the Democratic Republic of Congo.[11] In March 2008, according to an Argentine online news report, Moreno-Ocampo explained the FARC, the largest guerrilla group in Colombia, was plausible for an investigation by the International Criminal Court.Moreno-Ocampo began implementing preliminary tests in Colombia, which involved evaluating prosecutions of paramilitary commanders in Colombia, interviews with victims of the FARC, among others.Moreno-Ocampo explained the FARC could be investigated for crimes against humanity. He paid a visit to Colombia in August, after which the ICC launched an investigation on the “support network for FARC rebels outside Colombia.”
The ICC’s first trial, of Congolese militia leader Thomas Lubanga, was suspended on 13 June 2008 when the court ruled that the Prosecutor’s refusal to disclose potentially exculpatory material had breached Lubanga’s right to a fair trial.[13] The Prosecutor had obtained the evidence from the United Nations and other sources on the condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, “the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial”.On 2 July 2008, the court ordered Lubanga’s release, on the grounds that “a fair trial of the accused is impossible, and the entire justification for his detention has been removed”but an Appeal Chamber agreed to keep him in custody while the Prosecutor appealed By 18 November 2008, Moreno-Ocampo had agreed to make all the confidential information available to the court, so the Trial Chamber reversed its decision and ordered that the trial could go ahead but Moreno-Ocampo was widely criticised for his actions.
He was also criticised for his decision in July 2008 to publicly charge Omar al-Bashir, the President of Sudan, with genocide, war crimes and crimes against humanity. Antonio Cassese,[22] Rony Brauman[23] and Alex de Waal[24] argued that there was insufficient evidence to charge al-Bashir with genocide. Cassese, a former President of the International Criminal Tribunal for the former Yugoslavia, had chaired the United Nations Commission of Inquiry on Darfur, which concluded in 2005 that the government of Sudan had not pursued a policy of genocide in Darfur. De Waal argued that “for nineteen years, President Bashir has sat on top of a government that has been responsible for incalculable crimes [...] Two weeks ago, Moreno Ocampo succeeded in accusing Bashir of the crime for which he is not guilty. That is a remarkable feat.”Cassese also argued that if Moreno-Ocampo were serious about prosecuting al-Bashir, he should have issued a sealed request and asked the judges to issue a sealed arrest warrant, to be made public only once al-Bashir traveled abroad, instead of publicly requesting the warrant, allowing al-Bashir to avoid arrest simply by remaining in Sudan.[ In November 2008, Moreno-Ocampo requested arrest warrants for rebels responsible for the murder of members from an international peacekeeping force in Darfur.
Leaders from three Darfur tribes, said to be the victims of war crimes, sued Ocampo for libel, defamation and igniting hatred and tribalism
On Wednesday, 15 December 2010, the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo held a press conference at 12:00 (The Hague local time, 14:00 Nairobi local time) to announce the six prime suspects in the Kenya post election violence of 2007. He named suspended minister of Higher education William Ruto, Minister for Industrialisation Henry Kosgey,Deputy Prime Minister Uhuru Kenyatta, Former police chief Maj Gen Ali Hussein, head of public service Francis Muthaura and journalist Joshua Arap Sang.
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Why Premier Raila Odinga should be Harrambe stars head coach
It’s around 9.45 pm when arsenal forward scores his today’s brace to sign the dismissal letter of west ham boss unromantic avram grant. As I rise to shout a hurrah for our third and winning goal, my mind perform some brilliant brainstorming to remind me of our fan number one , the right honourable premier and the current mediator of ivory coast peace talks. Every time our good boys go to the pitch, some boyish excitement seizes me trying to imagine how our fun number one react each moment a less neutral action occurs. For instance, Van persie’s first goal, last week’s bar hits and many more.
As a result of our nation winning the heart of an economist, the higher education loans board also got the better of its part and our families got poorer. This explains why I couldn’t honour such a match pitying super harrambe stars and minnows super eagles but i had the honour to watch our fan number one from the comfort of my neighbour’s room.
Of course minnows Nigeria spoilt our party and our premier’s week and the following events got crazy ideas going in mind. Having been last born in our family, being left handed and a quick brainstormer, I couldn’t help the already threatening seizure of old fantasy of creativity associated with men and women of my lineage. And perhaps for fear of irresponsibleness I could only attribute my claim of being an autonomous thinker to the loads of baseless philosophy “philos-sophia’ pumped to my blessed brain by non other than DR Tom Namwambah ( not Ababu Namwambah please).
And for the love of soccer, the sport I’ve never been able to play, am well informed on all matters weighty or light that has been begrudging its success. The same ego that had put me in trouble earlier keeps nudging me in the bloody political arena.
This is how my newfound love for PM Raila Odinga comes to be that were it not for my thirst and greed for softer meat I could have settled on more matured aspects of life. And as an information student, I couldn’t resist temptation to know more about my newfound love.
In the existing set up of curriculum activities, conclusions make a great deal of any paperwork that is to be presented. And for fear of biased conclusions as I have always felled to temptations, my old and well guarded reservations duly advised me to observe a portfolio balance this time round
This is how I come to the conclusion that my new found love could make a copy and paste of Jose mourinho and every other best coach in any sport you could think of, but could give a few pointers on a high school captain.
Based on the simple research that I borrowed from my mind………………………
………
…………to be continued.w
I. REQUEST FOR SUMMONSES TO APPEAR FOR WILLIAM SAMOEI RUTO,
HENRY KIPRONO KOSGEY AND JOSHUA ARAP SANG PURSUANT TO
ARTICLE 58(7) OF THE ROME STATUTE…………………………………………………………… 77
J. CONCLUSION…………………………………………………………………………………………………… 79
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A. SUMMARY OF THE CASE
1. As early as December 2006, WILLIAM SAMOEI RUTO (“RUTO”) and HENRY
KIPRONO KOSGEY (“KOSGEY”), prominent leaders of the Orange Democratic
Movement (“ODM”) political party, began preparing a criminal plan to attack those
identified as supporters of the Party of National Unity (“PNU”).1 JOSHUA ARAP
SANG (“SANG”), a prominent ODM supporter, was a crucial part of the plan, using
his radio program to collect supporters and provide signals to members of the plan
on when and where to attack. To reach their goal, RUTO, KOSGEY and SANG
coordinated a series of actors and institutions to establish a network, using it to
implement an organizational policy to commit crimes. Their two goals were: (1) to
gain power in the Rift Valley Province, Kenya (“Rift Valley”), and ultimately in the
Republic of Kenya, and (2) to punish and expel from the Rift Valley those perceived
to support the PNU (collectively referred to as “PNU supporters”).
2. Kenyans voted in the presidential election on 27 December 2007. On 30
December 2007, the Electoral Commission of Kenya declared that Mwai Kibaki,
presidential candidate for the PNU, had won the election. The announcement
triggered one of the most violent periods in Kenya’s history. The Prosecution will
present some of the incidents, identifying those who are most responsible.
3. Thousands of members of the network (“perpetrators”) cultivated by RUTO,
KOSGEY and SANG began to execute their plan by attacking PNU supporters
immediately after the announcement of the presidential election results on 30
December 2007. On 30‐31 December 2007, they began attacks in target locations
including Turbo town, the greater Eldoret area (Huruma, Kimumu, Langas, and
Yamumbi), Kapsabet town, and Nandi Hills town. They approached each location
from all directions, burning down PNU supporters’ homes and businesses, killing
civilians, and systematically driving them from their homes. On 1 January 2008, the
church located on the Kiambaa farm cooperative was attacked and burned with more
1 This is a coalition of parties including the Kenya African National Union (“KANU”), Ford‐Kenya,
Ford‐People, Democratic Party and the National Alliance Party of Kenya.
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than one hundred people inside. At least 17 people died. The brunt of the attacks
continued into the first week of January 2008.
4. All identified attacks occurred in a uniform fashion. Perpetrators gathered at
designated meeting points outside of locations selected for attack. There, they met
coordinators, who organized the perpetrators into groups with assigned tasks.
Perpetrators then attacked target locations. Some perpetrators approached on foot,
while others were driven in trucks, as had been previously arranged. SANG helped
coordinate the attacks using coded language disseminated through radio broadcasts.
5. In response to RUTO, KOSGEY and SANG’s planned attacks on PNU
supporters, as well as to deal with protests organized by the ODM, prominent PNU
members and/or Government of Kenya officials FRANCIS KIRIMI MUTHAURA
(“MUTHAURA”), UHURU MUIGAI KENYATTA (“KENYATTA”), and
MOHAMMED HUSSEIN ALI (“ALI”) developed and executed a plan to attack
perceived ODM supporters in order to keep the PNU in power.
6. First, under the authority of the National Security Advisory Committee, of
which MUTHAURA and ALI were Chairman and a member, respectively, the Kenya
Police, in joint operations with the Administration Police (“Kenyan Police Forces”),
were deployed into ODM strongholds where they used excessive force against
civilian protesters in Kisumu (Kisumu District, Nyanza Province) and in Kibera
(Kibera Division, Nairobi Province). As a consequence, between the end of December
2007 and the middle of January 2008, the Kenyan Police Forces indiscriminately shot
at and killed more than a hundred ODM supporters in Kisumu and Kibera.
7. Second, MUTHAURA, KENYATTA and ALI also developed a different tactic to
retaliate against the attacks on PNU supporters. On or about 3 January 2008,
KENYATTA, as the focal point between the PNU and the Mungiki criminal
organization, facilitated a meeting with MUTHAURA, a senior Government of
Kenya official, and Mungiki leaders to organize retaliatory attacks against civilian
supporters of the ODM. Thereafter, MUTHAURA, in his capacity as Chairman of the
National Security Advisory Committee, telephoned ALI, his subordinate as head of
the Kenya Police, and instructed ALI not to interfere with the movement of pro‐PNU
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youth, including the Mungiki. KENYATTA additionally instructed the Mungiki
leaders to attend a second meeting on the same day to finalize logistical and financial
arrangements for the retaliatory attacks.
8. As a consequence, the Mungiki and pro‐PNU youth attacked ODM civilian
supporters in Nakuru (Nakuru District, Rift Valley Province) and Naivasha
(Naivasha District, Rift Valley Province) during the last week of January 2008.
During these attacks, the attackers identified ODM supporters by going from door to
door and by setting up road blocks for intercepting vehicles, killing over 150 ODM
supporters.
9. The violence resulted in more than 1,100 people dead, 3,500 injured,
approximately 600,000 victims of forcible displacement, at least hundreds of victims
of rape and sexual violence and more than 100,000 properties destroyed in six out of
eight of Kenya’s provinces. Many women and girls perceived as supporting the
ODM were raped.
B. RELIEF SOUGHT
10. Pursuant to Article 58(1) of the Rome Statute, the Prosecution hereby applies
to Pre‐Trial Chamber II for the issuance of summonses to appear against RUTO,
KOSGEY and SANG. Upon investigation of the crimes committed in the territory of
the Republic of Kenya from 30 December 2007 through January 2008, the Prosecution
has concluded that there are reasonable grounds to believe that RUTO, KOSGEY and
SANG bear criminal responsibility under Article 25 of the Rome Statute for murder,
torture, deportation or forcible transfer, and persecution based on political affiliation
as crimes against humanity.
11. The Prosecution files this Application together with an Application for
summonses to appear for MUTHAURA, KENYATTA and ALI, arising out of its
investigation into the Situation in the Republic of Kenya. The two applications
concern crimes that are interlinked, allegedly committed to prevent government
actions or to retaliate against members of the opposition.
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12. If the summonses are issued, the Prosecution considers that it will be
necessary that the Chamber take into consideration the circumstances of both cases in
its ruling and to decide on both cases at the same time. In the event that the
Applications are granted and the charges are confirmed in both cases, the
Prosecution will request that the cases be joined and decided by the same Trial
Chamber.
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D. CONCISE STATEMENT OF THE FACTS PURSUANT TO ARTICLE 58(2)(c)
OF THE ROME STATUTE
16. The Rift Valley, one of eight provinces in Kenya, was the epicentre of violence
that followed the 2007 general election. It suffered the greatest number of victims,
including over 700 deaths, the largest share of the injuries, and approximately
600,000 forcibly displaced persons. The violence that erupted in the Rift Valley was
not spontaneous; rather, it was the product of planning and coordination led by
RUTO, together with KOSGEY and SANG.
17. RUTO and KOSGEY were both senior ODM politicians. RUTO was a member
of the five‐person ODM leadership structure called the Pentagon. KOSGEY was the
Chairman of ODM. RUTO and KOSGEY were running for re‐election for the position
of Member of Parliament (“MP”) in their respective constituencies. SANG, while not
a politician, was a prominent member of the community, due to his position as a
broadcaster on the most popular vernacular radio station, Kass FM. SANG was a
vocal supporter of ODM and its candidates.
18. In anticipation of the 2007 presidential election, RUTO, KOSGEY and SANG
created a plan to expel PNU supporters from the Rift Valley in the event that the
election were rigged. This plan would have the twofold effect of punishing PNU
supporters and removing PNU supporters from the Rift Valley to gain power by
creating a future pro‐ODM voting block.
19. To execute this plan, RUTO, with KOSGEY and SANG, created a Network of
perpetrators from existing structures in the Rift Valley (“the Network”). The
Network consisted of: pro‐ODM political figures; media representatives, particularly
SANG in his role as a prominent host on Kass FM; financiers; regional tribal Elders;
and former members and leaders of Kenyan police and military sectors.
20. In the year before the 2007 election, RUTO, KOSGEY and SANG organized the
Network to plan, coordinate and later execute attacks on perceived PNU supporters
in the Rift Valley. At a series of meetings, rallies and other events, they planned and
incited attacks, and distributed resources to subordinate members of the Network
who would physically execute the attacks.
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21. At these meetings, RUTO, with KOSGEY and SANG, coordinated the
Network by: (1) selecting Commanders to oversee specific areas in the Rift Valley, (2)
creating a hierarchy below each Commander, (3) coordinating transportation and
logistics, (4) coordinating the dissemination of meeting locations, (5) fundraising, (6)
distributing RUTO’s money and promising rewards for every PNU supporter killed
or property destroyed, (7) paying direct perpetrators, (8) identifying target areas, and
(9) providing guns, grenades and ammunition to the perpetrators to ensure that they
had the necessary resources to succeed. Members of the Network were indoctrinated
to believe that Kibaki’s administration planned to rig the presidential election, and to
attack groups perceived to support the PNU if the elections were rigged.
22. Kenyans voted in the presidential election on 27 December 2007. At 5:30 p.m.
on 30 December 2007, the Electoral Commission of Kenya (“ECK”) declared that
Kibaki had won the election. The circumstances of his victory were hotly contested
by ODM.
23. Immediately following the announcement of the presidential election results,
the Network began to execute attacks against PNU supporters in various locations in
Uasin Gishu and Nandi Districts, including Turbo town, the greater Eldoret area
(Kiambaa, Yamumbi, Haruma, Kimumu and Langas), Kapsabet town, and Nandi
Hills town, with the intent to expel them from the Rift Valley. The brunt of the
attacks occurred from 30 December 2007 through the first week of January 2008. The
crimes that are the subject of this Application occurred predominantly within a 25
kilometre radius of a house that RUTO owns in Sugoi (Uasin Gishu District), where
he held meetings to plan the attacks.
24. The Network’s attacks that are the subject of this Application occurred in a
uniform fashion. Perpetrators gathered at designated meeting points outside of
locations selected for attack, where they met their Coordinators. After the
Coordinators organized the perpetrators into groups with assigned tasks, the attacks
were executed. While some perpetrators approached on foot, trucks, previously
arranged, often drove them to designated points of attack. SANG used coded
language disseminated through radio broadcasts to help coordinate the attacks.
ICC-01/09-30-Red 15-12-2010 9/79 RH PT
No. ICC‐ 01/09 10/79 15 December 2010
25. After establishing roadblocks at all major roads around towns, including
Kapsabet town, Eldoret, Turbo town, and Nandi Hills town, perpetrators attacked
and burned properties previously identified as belonging to perceived PNU
supporters. They also killed some perceived PNU supporters. The attacks sent
hundreds to thousands of PNU supporters fleeing to nearby police stations and
churches for refuge. Perpetrators at roadblocks and those executing attacks
demanded identification exposing victims’ membership in ethnic groups believed to
support PNU. Those from the groups perceived to support PNU were attacked and
in some instances killed on the spot.
26. The Prosecution submits that on the basis of available evidence, and without
prejudice to other possible crimes within the jurisdiction of the Court, there are
reasonable grounds to believe that during the PEV, including but not limited to the
time period between 27 December 2007 and the end of January 2008, RUTO,
KOSGEY and SANG, committed the following crimes against humanity: murder
under Article 7(1)(a) of the Statute; deportation or forcible transfer of population
under Article 7(1)(d) of the Statute; torture under Article 7(1)(f) of the Statute; and
persecution based on political affiliation under Article 7(1)(h) of the Statute.
27. The Prosecution further submits that there are reasonable grounds to believe
that the requirements of direct/indirect co‐perpetration or of common purpose
criminal liability pursuant to Article 25(3)(a) or (d) have been met.
28. The Prosecution incorporates by reference Sections G.2, G.3, and G.4, below,
into the Concise Statement of Facts. These sections provide a more detailed
explanation of the Network, the planning meetings, rallies and other events, the
attacks, and the roles of RUTO, KOSGEY and SANG.
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Ocampo’s Accusations on Haters of Peace
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Julian Assange, the man behind the world’s biggest leaks, believes in total openness and transparency – except when it comes to himself. Nikki Barrowclough tracked him down. By Nikki Barrowclough (SMH)
14 Jun 2010
Julian Assange has never publicly admitted that he’s the brains behind Wikileaks, the website that has so radically rewritten the rules in the information era. He did, however, register a website, Leaks.org, in 1999. ”But then I didn’t do anything with it.”
Wikileaks appeared on the internet three years ago. It acts as an electronic dead drop for highly sensitive or secret information: the pure stuff, in other words, published straight from the secret files to the world. No filters, no rewriting, no spin. Created by an online network of dissidents, journalists, academics, technology experts and mathematicians from various countries, the website also uses technology that makes the original sources of the leaks untraceable.
In April the website released graphic, classified video footage of an American helicopter gunship firing on and killing Iraqis in a Baghdad street in 2007, apparently in cold blood. The de-encrypted video, which Wikileaks released on its own sites as well as on YouTube, caused an international uproar.
The Baghdad video has been Wikileaks’ biggest coup to date, although an extraordinary number of unauthorised documents – more than a million – have found their way to the website. These include a previously secret, 110-page draft report by the international investigators Kroll, revealing allegations of huge corruption in Kenya involving the family of the former president Daniel arap Moi; the US government’s classified manual of standard operating procedures for Camp Delta at Guantanamo Bay, which revealed that it was policy to hide some prisoners from the International Committee of the Red Cross; a classified US intelligence report on how to marginalise Wikileaks; secret Church of Scientology manuals; an internal report by the global oil trader, Trafigura, about dumping toxic waste in the Ivory Coast; a classified US profile of the former Icelandic ambassador to the US in which the ambassador is praised for helping quell publicity about the CIA’s activities involving rendition flights; and the emails leaked from the embattled Climate Research Unit at East Anglia in Britain, last November, which triggered the so-called ”climategate” scandal.
That’s one leak which might have bemused those conservatives convinced that Wikileaks was run by ultra-lefties. In the blogosphere, meanwhile, conspiracy theories abound that Wikileaks is a CIA cyber-ops plot.
Two years ago a Swiss bank in Zurich, Julius Baer, succeeded in temporarily closing down the website with a US District Court injunction after Wikileaks published documents detailing how the bankers hid their wealthy clients’ funds in offshore trusts (the banned documents reappeared on Wikileaks ”mirror” sites in places such as Belgium and Britain).
The Australian government, too, has made noises about going after the website, after the Australian Communications and Media Authority’s list of websites it may ban if the Rudd government goes ahead with its proposed internet censorship plan turned up on Wikileaks last year.
To say that the list of rattled people in high places around the world is growing because of Wikileaks is an understatement. The fact that the website has no headquarters also means the conventional retaliatory measures – phones tapped, a raid by the authorities – are impossible. Intense interest in Julian Assange began well before the Baghdad video was released, and viewed 4.8 million times by the end of its first week. The former teenage hacker from Melbourne, whose mystique as an internet subversive, a resourceful loner with no fixed address, travelling constantly between countries with laptop and backpack, constitutes what you might call Assange’s romantic appeal.
But then there’s the flip side: a man who believes in extreme transparency, but evades and obfuscates when it comes to talking about himself in the rare interviews that he gives. In the past, at least, these have hardly ever been face to face.
The secretiveness extends to those close to him. One woman who speaks to me on the condition of total anonymity lived in the same share house in Melbourne as Assange for a few months in early 2007, when Wikileaks was in its incubation period. The house was the hub, and it was inhabited by computer geeks.
There were beds everywhere, she says. There was even a bed in the kitchen. This woman slept on a mattress in Assange’s room, and says she would sometimes wake up in the middle of the night to find him still glued to his computer. He frequently forget to eat or sleep, wrote mathematical formulas all over the walls and the doors, and used only red light bulbs in his room – on the basis that early man, if waking suddenly, would see only the gentle light of the campfire, and fall asleep again. He also went through a period of frustration that the human body has to be fed several times a day and experimented with eating just one meal every two days, in order to be more efficient. ”He was always extremely focused,” she says.
Well before meeting Assange, I’d thought how much he seemed like a character from Stieg Larsson’s trilogy of blockbuster novels. One of Larsson’s brilliant computer geniuses, taking on the world’s wicked and powerful. Or a more youthful Mikael Blomkvist, with an Australian accent.
Larsson died six years ago. But could the Swedish crime writer and Assange have met?
Assange first visited Sweden in the 1990s – and Wikileaks is hosted on a main server in Sweden, where the identities of confidential sources are protected by law.
This doesn’t prove anything, of course – and Wikileaks only moved its main server to Sweden two years ago, after the Julius Baer Bank tried to close down the website. Even so, I email Eva Gabrielsson, Larsson’s widow, to ask if the two of them ever met Assange – explaining that he helped research a remarkable 1997 book, Underground, about the exploits of an extraordinary group of young Melbourne hackers, written by the Melbourne academic Suelette Dreyfus. The hackers all had monikers in the book: Assange is said to be the character Mendax. Assange convinced Dreyfus to release the book online, and according to one source I spoke to, there was great interest in the book in Sweden – and in China.
”About Julian Assange – well, why don’t you ask him?” Gabrielsson emails back.
It isn’t the most urgent question I have for Assange, who I meet in early May, the day after he slips back into Melbourne, his home town. He arrived on a flight from Europe, via the US. Or so I understand from the person acting as our inbetween.
The same contact provides a Melbourne address, and instructions. ”Don’t call a cab, find one on the street; turn off your mobile phone before you catch the cab and preferably, remove the batteries.”
And here he is – a tall, thin, pale figure with that remarkable white hair, looking very tired, and wearing creased, student-style dark clothes and boots, and backpack.
As we shake hands, he inclines his head slightly in a courtly, old world manner, at odds with his youthful, student-traveller looks. When I remark that there’s a lot to ask him, he replies, ”That’s all right – I’m not going to answer half of it.”
Is Assange his real name? Yes, he replies, then says it’s the name in his passport. ”What’s in a name?” he then adds mysteriously, casting doubt on his first answer.
At the time of writing, his passport status was apparently back to normal after immigration officials at Melbourne Airport said that his passport was going to be cancelled on the grounds that it was too tatty.
It has been in a couple of rivers, Assange allows of the state of his passport. The first time, as he recalls, in December 2006, when he was crossing a swollen river during heavy rain in southern Tasmania, and was swept out to sea. He swam back in. ”My conclusion from that experience is that the universe doesn’t give a damn about you, so it’s a good thing you do.”
Why did he have his passport with him? He had everything he needed for three weeks of survival, he replies. He needed his passport for ID when he flew to Tasmania.
Doesn’t he have a driver’s licence? ”No comment.”
How true is the image of him as the enigmatic founder of Wikileaks, constantly on the move, with no real place to call home? Is this really how he lives his life?
”Do I live my life as an enigmatic man?”
No – is it true you’re constantly on the move?
”Pretty much true.”
Does he have one base he’d call home?
”I have four bases where I would go if I was sick, which is how I think about where home is.”
He has spent the best part of the past six months in Iceland, he says. And the next six months? ”It depends on which area of the world I’m needed most. We’re an international organisation. We deal with international problems,” he replies.
Assange mentions four bases, but names only two. The one in Iceland and another in Kenya, where he has spent a lot of time, on and off, in the past couple of years.
The Kroll report, released on Wikileaks, reportedly swung the Kenyan presidential election in 2007.
When he’s in the country, Assange lives in a compound in Nairobi with other foreigners, mainly members of NGOs such as Medecins Sans Frontieres. He originally went to Kenya in 2007 to give a lecture on Wikileaks, when it was up and running. ”And ended up staying there,” I suggest encouragingly.
”Mmmm.”
As a result of liking the place or …
”Well, it has got extraordinary opportunities for reforms. It had a revolution in the 1970s. It has only been a democracy since 2004 … I was introduced to senior people in journalism, in human rights very quickly.”
He has travelled to Siberia. Is there a third base there?
”No comment. I wish. The bear steak is good.”
Why did he go to Georgia?
”How do you know about that?”
I read it somewhere, I reply. It was a rumour. ”Ah, a rumour,” he says.
But he did go there? ”It’s better that I don’t comment on that, because Georgia is not such a big place.”
Living permanently in a state of exile, which can become addictive, means that you always have the sharp eye of the outsider, I suggest.
”The sense of perspective that interaction with multiple cultures gives you I find to be extremely valuable, because it allows you to see the structure of a country with greater clarity, and gives you a sense of mental independence,” Assange replies.
“You’re not swept up in the trivialities of a nation. You can concentrate on the serious matters. Australia is a bit of a political wasteland. That’s OK, as long as people recognise that. As long as people recognise that Australia is a suburb of a country called Anglo-Saxon.”
Could he ever live in one place again? A brief silence. ”I don’t think so,” he says finally.
”I don’t see myself as a computer guru,” he remarks at one point. ”I live a broad intellectual life. I’m good at a lot of things, except for spelling.”
At one point, thinking about some of the material leaked on Wikileaks, I ask Assange how he defines national security. ”We don’t,” he says crisply. “We’re not interested in that. We’re interested in justice. We are a supranational organisation. So we’re not interested in national security.”
How does he justify keeping his own life as private as possible, considering that he believes in extreme transparency?
”I don’t justify it,” he says, with just a hint of mischievousness. ”No one has sent us any official documents that were not published previously on me. Should they do so, and they meet our editorial criteria, we will publish them.”
Assange isn’t paid a salary by Wikileaks. He has investments, which he won’t discuss. But during the 1990s he worked in computer security in Australia and overseas, devised software programmes – in 1997 he co-invented ”Rubberhose deniable encryption”, which he describes as a cryptographic system made for human rights workers wanting to protect sensitive data in the field – and also became a key figure in the free software movement.
The whole point of free software, he comments, is to ”liberate it in all senses”. He adds: ”It’ s part of the intellectual heritage of man. True intellectual heritage can’t be bound up in intellectual property.”
Did being arrested, and later on finding himself in a courtroom, push him into a completely different reality that he had never thought about – and eventually in a direction that eventually saw him start thinking along the lines of a website like Wikileaks, that would take on the world?
”That [experience] showed me how the justice system and bureaucracy worked, and did not work; what its abilities were and what its limitations were,” he replies. ”And justice wasn’t something that came out of the justice system. Justice was something that you bring to the justice system. And if you’re lucky, or skilled, and you’re in a country that isn’t too corrupt, you can do that.”
In another life, Assange might have been a mathematician. He spent four years studying maths, mostly at Melbourne University – with stints at the Australian National University in Canberra – but never graduated, disenchanted, he says, with how many of his fellow students were conducting research for the US defence system.
”There are key cases which are just really f—ing obnoxious,” he says.
According to Assange, the US Defence Advance Research Project Agency was funding research which involved optimising the efficiency of a military bulldozer called the Grizzly Plough, which was used in the Iraqi desert during Operation Desert Storm during the 1991 Gulf War.
”It has a problem in that it gets damaged [from] the sand rolling up in front. The application of this bulldozer is to move at 60 kilometres an hour, sweeping barbed wire and so on before it, and get the sand and put it in the trenches where the [Iraqi] troops are, and bury them all alive and then roll over the top. So that’s what Melbourne University’s applied maths department was doing – studying how to improve the efficiency of the Grizzly Plough.”
Assange says he did a lot of soul-searching before he finally quit his studies in 2007. He had already started working with other people on a model of Wikileaks by early 2006.
There were people at the physics conference, he goes on, who were career physicists, ”and there was just something about their attire, and the way they moved their bodies, and of course the bags on their backs didn’t help much either. I couldn’t respect them as men”.
His university experience didn’t define his cynicism, though. Assange says that he’s extremely cynical anyway. ”I painted every corner, floor, wall and ceiling in the ‘room’ I was in, black, until there was only one corner left. I mean intellectually,” he adds. ”To me, it was the forced move [in chess], when you have to do something or you’ll lose the game.”
So Wikileaks was his forced move?
”That’s the way it feels to me, yes. There were no other options left to me on the table.”
Wikileaks, he says, has released more classified documents than the rest of the world press combined.
”That’s not something I say as a way of saying how successful we are – rather, that shows you the parlous state of the rest of the media. How is it that a team of five people has managed to release to the public more suppressed information, at that level, than the rest of the world press combined? It’s disgraceful.”
Where does Assange see Wikileaks in 10 years? “It’s not what I want the world to be. It’s what I want the rest of the world to be,” he replies.
He would like to see all media develop their own forms of Wikileaks. That would put his own website out of business, I point out.
”We have a proposal to [an American foundation] for a grant to just that,” he replies, explaining that Wikileaks could create systems for all media organisations.
A thought: has he ever met Rupert Murdoch? ”No.”
Nor has he met Stieg Larsson, Assange tells me.
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Julian Assange (biography)
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William Kipchirchir Samoei arap Ruto born 21 December 1966 in Kamagut, Uasin Gishu) is a Kenyan politician who was Minister for Higher Education until 19 October 2010 after being suspended for corruption. He is also one of the two deputy party leaders of the Orange Democratic Movement. He had previously served in the Ministry of Agriculture since April 2008. Ruto was elected Director of Elections on 18 March 2002, when the National Development Party led by Raila Odinga merged with the Kenya African National Union (KANU). He was Secretary General of KANU, the former ruling political party, and he has been MP for Eldoret North Constituency since the 1997 Kenyan election a seat he won after trouncing the former M.P. The Late Hon. Rueben Chesire. He became an Assistant Minister in the Office of the President and was appointed Minister in charge of Home Affairs in August 2002 but lost the post after the December 2002 election, in which Kenya African National Union lost to the National Rainbow Coalition coalition. He also previously served as the Chairman of the Parliamentary Select Committee on Constitutional Reform in the 9th Parliament.
Ruto has been implicated in orchestrating the 2007/2008 post election violence in Kenya.On November 3, 2010, Ruto flew to the International Criminal Court at the Hague to discuss an evidence deal with the prosecutor. On 15 December 2010, Ruto was named in a summons by the prosecutor of the International Criminal Court, Luis Moreno-Ocampo, in relation to his role in violence which followed from the 2007 elections
Early life
Ruto was born 21 December 1966 in Kamagut, Uasin Gishu to the late Mzee Daniel Cheruiyot and Mama Sarah Cheruiyot. He attended Kerotet Primary School for his primary school education then joined Wareng Secondary School for his Ordinary Levels education before proceeding to Kapsabet Boys, Nandi for his Advanced Levels. He then went on to receive a BSc and MSc in botany from the University of Nairobi, graduating in 1990.
Political career
Ruto was Organising Secretary of Youth for Kanu ’92 (YK92), a group that was formed to drum up support for President Daniel arap Moi in the 1992 election.
In January 2006, Ruto declared publicly that he would stand for the presidency in the next general election, scheduled for December 2007. His statement was condemned by some of his KANU colleagues, including former president Daniel arap Moi. Ruto sought the nomination of the Orange Democratic Movement (ODM) as its presidential candidate, but in the party’s vote on 1 September 2007, he placed third with 368 votes, behind the winner, Raila Odinga (with 2,656 votes) and Musalia Mudavadi (with 391). Ruto expressed his support for Odinga after the vote. He resigned from his post as KANU secretary general on 6 October 2007.
The presidential election of December 2007 ended in an impasse. The Kenya’s electoral comission declared Kibaki the winner while exit polls had clearly placed Raila Odinga in front. Raila and ODM claimed victory. In a scene that has been replicated all over Africa, Mwai Kibaki was hurriedly sworn in as the president December 2007 presidential election. What followed was mayhem and bloodbath that no one foresaw. Following the violent political crisis over the results, Kibaki and Odinga agreed to form a power-sharing government. In the grand coalition Cabinet named on 13 April 2008 and sworn in on 17 April,Ruto was appointed as Minister for Agriculture.
On 21 April 2010, President Mwai Kibaki and his Prime Minister Raila Odinga removed Ruto from the agriculture ministry, and transferred him to the higher education ministry, swapping posts with Sally Kosgei.
Controversy
William Ruto was on trial charged with defrauding the Kenya Pipeline Company of huge amounts of money through dubious land deals, but he has been out on bond. The Constitutional Court suspended further hearing of the case due to complaints by Ruto that the prosecution was politically engineered. However, the High Court cleared the path for criminal charges against the Higher Education minister over the alleged sale of a piece of land in Ngong’ forest to Kenya Pipeline Company Ltd.
Maize Scandal
In early 2009 after parliamentary debate on a maize scandal, Ruto was accused of illegally selling maize by Ikolomani MP Bonny Khalwale (Public Accounts Committee Chairman). All the documents bearing the National Cereals and Produce Board seal that linked Mr Ruto to the illegal sale of maize were accepted by Parliament’s deputy speaker.[11]
Managers of the board stated maize was allocated to some individuals allegedly on the strength of a call by Mr Ruto.[1] Ttables showed that the cereals board had in store 2.6 million bags of maize in June 2008 and had allocated maize to companies and individuals described as undeserving. Mr Ruto had informed the House that the maize in the stores at the time was 1.6 million bags. William Ruto attributed the maize scandal allegations and claims of his involvement in corruption to the work of his “political enemies”.
New Constitution
While Ruto and Odinga are both from the Orange Democratic Movement of the power-sharing government, they disagree on the issue of the proposed constitution draft with Ruto calling for rejection of the draft in the upcoming constitutional referendum, arguing that some of its clauses are unsuitable while Odinga and Kibaki are campaigning in its favour.
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Ruto now reveals the accusations against him
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