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"content": "Mr. Deputy Speaker, Sir, I understand the events of yesterday to be as follows. Mr. Moreno Ocampo has completed his investigations of the situation in Kenya and submitted an application requesting the Pre-Trial Chamber of the ICC to issue summons to six persons to appear before it. The said application is based on Article 58(7) of the Rome Statute which provides as follows:- “As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting the Pre-Trial Chamber to issue summons for the persons to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person who committed the crime as alleged and that a summon is sufficient to ensure the person’s appearance, it shall issue the summons with or without conditions restricting liberty other than detention, if provided for by national law for the person to appear. The summon shall contain:- (a) The name of the person and any other relevant identifying information. (b) The specified date in which the person is to appear. (c) A specific reference to the crimes within the jurisdiction of the court which the person is alleged to have committed. (d) A concise statement of the facts which are alleged to constitute the crime. The summons shall be served on the person. At this stage, none of the six persons named in the application have been charged. The six have not been a subject of investigations. The Pre-Trial Chamber will, therefore, have to review the application and the supporting evidence to determine whether or not there are reasonable grounds to believe that the persons committed the crimes alleged, and that summons be issued for them to appear before the ICC. If the Pre-Trial Chamber is not satisfied that there are reasonable grounds to believe that the persons who committed the crimes alleged, then no summons shall be issued. If on the other hand, summons are issued, then the six persons will be:- (i) Advised on the date to appear before the Pre-Trial Chamber. (ii) Provided with specific reference to the crimes which they are alleged to have committed. (iii) Provided with a concise statement of facts which are alleged to constitute the crime. The six will have the right to challenge the admissibility of the cases of the jurisdiction of the court under Article 19 of the Rome Statute. If there are objections to their admissibility of the cases of the jurisdiction of the court are upheld, then the charges"
}