Calixto Ávila, representative of Prova in Europe, points out that investigation Venezuela I will continue in charge of the deputy prosecutor of the CPI, Mame Mandiaye Niang, who has been in charge since May 16. It emphasizes that with these actions, the International Criminal Court demonstrates its integrity
The Prosecutor of the International Criminal Court (ICC), Karim Khan, made public his request to separate from the investigation Venezuela I on crimes against humanity committed in the country, at least since 2014.
With this, prosecutor Khan submits to the presidency of the ICC, composed of Judges Tomoko Akane, Rosario Salvatore Aitala and Reine Alapini-Gansou, who accept their application and proceed to dispense it from the case, as established in article 46, numeral 2, of the Rome Statute.
Karim Khan himself indicated in his application to the presidency of the ICC that will “ensure not to have any continuous participation in the situation of Venezuela I or access to any confidential file presented or any decision issued. Will not participate in any way in the investigation or in the legal work of the situation ».
Calixto Ávila, human rights expert and representative of Supplies In Europe, he points out that the Venezuela I investigation will remain in charge of the deputy prosecutor of the CPI, Mame Mandiaye Niang, who has been in charge since May 16. This is due to a voluntary license taken by Khan until the investigation against him concludes for alleged acts of sexual harassment against a colleague.
*Also read: prosecutor Karim Khan departs from investigation into Venezuela in the ICC
“If, as a result of this investigation, the prosecutor is exculpated by the accusations of sexual harassment and again assumes their functions, in any case, he will not be able to know more about the situation Venezuela I, who will continue in charge of the attached prosecutor,” says the supply expert.
For Ávila, with these actions the International Criminal Court demonstrates its integrity.
«It gives a sample of solidity and independence. On the one hand it shows that a judge or a prosecutor who has a history that compromises their impartiality and their conscience can generate a procedure that leads it to separate it from the investigations in which it can be compromised. Secondly, it shows how the CPI has mechanisms that ensure its own integrity, ”he says.
He also comments that the attitude of prosecutor Khan in this case has been institutional, because although he does not share the decision of the judges, he decided to retire.
The supply expert recalls that the impartiality of the prosecutor had been questioned by an NGO, due to the actions of his sister -in -law – the lawyer Venkateswari Alagendra – within the team that advocated the interests of the Venezuelan State in the case.
The Appeals Chamber, in a decision published on August 1, considered that there were “reasonable reasons to believe” that the prosecutor’s awareness and impartiality was committed, so they granted a period of three weeks to communicate their opinion.
On the other hand, the deputy prosecutor himself – after a meeting with Delcy Rodríguez – He ratified his commitment In advance with their investigations to guarantee justice for the victims of alleged crimes against humanity committed in the country.
*Journalism in Venezuela is exercised in a hostile environment for the press with dozens of legal instruments arranged for the punishment of the word, especially the laws “against hatred”, “against fascism” and “against blockade.” This content was written taking into consideration the threats and limits that, consequently, have been imposed on the dissemination of information from within the country.
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