ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda May/June 2011 Judge Khan Elected President of the Tribunal Frontier Province of Pakistan. She was also the first woman to be appointed as Sessions Judge in the President of the Tribunal since 29 Indian subcontinent. May 2007, whose tour of duty expires on 26 May 2011. Judge Judge Byron arrived at the Tribunal Byron has been elected Vice- in June 2004 and is a member of President. Trial Chamber III. Prior to joining the Tribunal, he served as Judge and Judge Khan has been a judge at the later Chief Justice of the Eastern Tribunal since August 2003. Prior to Caribbean Supreme Court. He joining the Tribunal, she served as a began his career in private practice Senior Puisine Judge on the High as a Barrister in 1966. In 2000, Court of Peshawar where she was Judge Byron was conferred the the first Pakistan woman ever honour of Knight Bachelor by Her appointed to that position. She Majesty Queen Elizabeth II. In 2004, began her career as a civil judge in he was appointed a member of the 1974 and later became Solicitor to Privy Council (UK). the Government of the North-West Judge Khalida Rachid Khan (Pakistan) was elected President of the United Nations International Criminal Tribunal for Rwanda effective from 27 May 2011 for a period of two years. Judge Khan, who is presiding Judge of Trial Chamber III, has been Vice- President of the Tribunal since 29 May 2007. She replaces Judge Dennis Byron (St. Kitts and Nevis), former Contents Judge Khan (dentre), outgoing President, Judge Byron on her left with some of the Judges of the Uwinkindi Referral ............................... 2 ICTR, flanked by the Prosecutor, Justice Hassan Bubacar Jallow (extreme left) and Deputy Military II Judgement ........................... 3 Registrar, Pascal Besnier (extreme right) ICTR Judicial Activities ........................ 4 Butare Judgement Delivered Activities of ICTR Principals ................ 6 All Six Accused Convicted: Arlette Ramaroson and Solomy Visit of British Foreign Office Minister . 8 Nyiramasuhuko, Ntahobali and Balungi Bossa then sentenced New Chief of HRPS ............................. 8 Ndayambaje Setenced to Life in Nyiramasuhuko to life in prison for ICTR & Rule of Law ............................. 9 Prison conspiracy to commit genocide, genocide, crimes against humanity Interns’ Corner ..................................... 9 The United Nations International (extermination, rape, and Other News ....................................... 10 Criminal Tribunal for Rwanda on 24 persecution), and serious violations June 2011 convicted all the six of Article 3 common to the Geneva Farewell ............................................. 12 accused persons in what is called Conventions and of Additional the Butare case including the first Protocol II thereto (violence to life, Editor-in-Chief: Roland Amoussouga Associate Editor: Danford Mpumilwa woman to be charged of genocide, and outrages upon personal dignity). Editing/Layout/Design/Photos: Rani Dogra Pauline Nyiramasuhuko, the former Contributions: Aatsa Atogho, Cheickh Minister of Family and Women's The Trial Chamber also sentenced Bangoura, Roman Boed, Patrick Enow, Danford Mpumilwa, Joseph Stefanelli, Office of Development. her son, Arsène Shalom Ntahobali, a the Registrar former student, and Elie Trial Chamber II composed of Ndayambaje, a former Bourgmestre E-Mail: [email protected] Judges William Sekule, presiding, of Muganza to life in prison. Arsène ICTR Newsletter May/June 2011 Ndayambaje was arrested in Belgium on 28 June 1995. Nsabimana was born on 29 July 1951, in Mbazi commune, Butare prefecture, Rwanda. He served as Prefect of Butare from 19 April until 17 June 1994. Nsabimana was arrested in Kenya on 18 July 1997. Nyiramasuhuko Ntahobali Ndayambaje Nteziryayo was born on 26 August 1947 in Kibayi commune, Butare prefecture, Rwanda. Nteziryayo, was appointed Prefect of Butare on 17 June 1994. He was arrested in Burkina Faso on 24 April 1998. Kanyabashi was born in 1937 in Huye commune, Butare prefecture, Rwanda. From April 1974 through July 1994, he served as Bourgmestre of Ngoma commune in Butare prefecture. He was arrested in Nsabimana Nteziryayo Kanyabashi Belgium on 28 June 1995. Shalom Ntahobali was found guilty of genocide, crimes Case of Jean Uwinkindi Referred for Trial against humanity (extermination, rape, and to the Republic of Rwanda persecution), and serious violations of Article 3 common to the Geneva Conventions and of Additional The United Nations Protocol II thereto (violence to life, and outrages upon International Criminal personal dignity), while Ndayambaje was found guilty Tribunal for Rwanda on 28 of genocide, direct and public incitement to commit June 2011 referred the case genocide, crimes against humanity (extermination and of Jean Uwinkindi to the persecution), and violence to life as a serious violation Republic of Rwanda to be of Article 3 common to the Geneva Conventions and of tried in the Rwandan Additional Protocol II thereto. national court system under Rule 11 bis, marking the first Sylvan Nsabimana, former Prefect of Butare was time in the Tribunal’s history sentenced to 25 years in prison, for genocide, it has done so. extermination and persecution as a crime against humanity, and violence to life as a war crime, while A specially designated Referral Chamber composed of Alphonse Nteziryayo, a former Leutenant Colonel in Judges Florence Rita Arrey, Presiding, Emile Francis the Rwanda Armed Forces and also Prefect of Butare Short and Robert Fremr decided upon assessment of was sentenced to 30 years for direct and public the submissions of the Defence and amici curiae incitement to commit genocide, following his speeches (including the Government of Rwanda, Human Rights at two commune meetings in June and at Watch, the International Association of Democratic Ndayambaje's swearing-in ceremony on 22 June Lawyers, the International Criminal Defence Attorneys 1994. Joseph Kanyabashi, former Bourgmestre of Association, and the Kigali Bar Association) that it was Ngoma Commune in Butare was sentenced to 35 satisfied that the Government of Rwanda was years after being convicted, with Judge Ramaroson prepared to receive its first referral from the ICTR. dissenting in part, on the basis of superior responsibility, of genocide, crimes against humanity While previous Referral Chambers were not inclined to (extermination and persecution), and violence to life as grant similar applications that had been placed before a serious violation of Article 3 common to the Geneva them, this Chamber was convinced based on the Conventions and of Additional Protocol II thereto. evidence that Rwanda possesses the ability to accept and prosecute Uwinkindi’s case.Chamber expressed The Trial Chamber then ordered that the convicts its solemn hope that the Republic of Rwanda would would receive credit for time served since their arrest, actualize in practice the commitments it made in its where applicable, and that they would be kept in filings about its good faith, capacity and willingness to detention under the present conditions until their enforce the highest standards of international justice. transfer to their designated places of imprisonment. In reaching its decision, the Chamber noted that Nyiramasuhuko was born in 1946 in Ndora commune, Rwanda had made material changes in its laws and Butare prefecture, Rwanda. She was arrested in had indicated its capacity and willingness to prosecute Kenya on 18 July 1997 while Ntahobali was born in cases referred by the ICTR adhering to internationally 1970 in Israel, and was arrested in Kenya on 24 July recognised fair trial standards enshrined in the ICTR 1997. Statute and other human rights instruments.particular, the Chamber found that the issues which concerned Ndayambaje was born on 8 March 1958 in Muganza previous Referral Chambers, namely the availability of commune, Butare prefecture, Rwanda. He was witnesses and their protection, had been addressed to appointed Bourgmestre of his commune in January some degree in the intervening period. 1983, and he held this office for a number of years until October 1992. On 18 June 1994, he was The Referral Chamber also requested that the reappointed Bourgmestre of Muganza commune. -2- ICTR Newsletter May/June 2011 Registrar appoint the African Commission on Human Ndindiliyimana was Chief of Staff of the Gendarmerie and Peoples’ Rights to monitor Uwinkindi’s trial in Nationale while Bizimungu was Chief of Staff of Rwanda and determined that the ACHPR would bring Rwanda Armed Forces, Nzuwonemeye was to the attention of the ICTR President any potential Commander of the Reconnaissance Battalion issues that may arise throughout the course of the (RECCE) within the Rwandan Army and Sagahutu was proceedings.Chamber emphasised its authority under the second-in-command of the RECCE and the "A" Rule 11 bis to revoke the case from Rwanda as a last company commander of the Battalion. resort if necessary. The Trial Chamber convicted Ndindiliyimana on four Uwinkindi was born in 1951 in Rutsiro commune, counts of genocide, crimes against humanity (murder Kibuye prefecture, Rwanda.was a former Pastor of the and extermination) and violations of Article 3 common Pentecostal Church of Kayenzi, located at Nyamata to the Geneva Conventions and Additional Protocol II sector, Kanzenze commune, Kigali-Rural prefecture.is (murder). It acquitted