Nov-Dec 2011 News Letter

ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda NOV-DEC 2011 The Editorial Committee wishes you a Happy and Prosperous New Year! ICTR Completion Strategy: President Updates UN Security Council The President of the Interna- the Appeals Chamber delivered tional Criminal Tribunal for two appeal judgments, in the Rwanda (ICTR), Judge Khalida Setako and Munyakazi cases. Rachid Khan, on November 7 The Appeals Chamber also ren- presented to the United Nations dered 1 decision disposing of an Security Council an updated re- interlocutory appeal, 4 decisions port on the implementation of the concerning post-appeal requests, Tribunal Completion Strategy. and 64 pre-appeal orders and The report covered the period decisions. Two other appeal from 13 May 2011 to 4 November judgements were still expected to 2011. According to Judge Presi- be delivered in 2011, for a total dent Khan, the Tribunal had com- of six appeal judgments for the pleted the work at the Trial level year. Judge Khan assured the with respect to 76 of the 92 ac- Council that four appeal judg- cused, which included two refer- ments are to be delivered in rals to national jurisdictions, two 2012, five by the end of 2013 Judge Khalida Rachid Khan withdrawn indictments, and two and the remaining three appeal indictees who died prior or in the judgments will be delivered in Contents course of the trial. The Tribunal 2014. ICTR Completion Strategy .................. 2 has delivered 50 first-instance Appeals Chamber Affirms referral of judgments involving 70 accused, With regard to staff manage- Uwikindi case to Rwanda .................... 3 9 of whom pleaded guilty, said ment, President Khan reiterated Judge Khan. her concern about the adverse Bagosora and Nsengiyumva Appeals Judgment Delivered ............................ 4 impact the difficulty to recruit Regarding activities in Cham- qualified candidates in some ar- ICTR hands over Armored Truck to bers, the ICTR President pre- eas of work and to retain experi- Tanzania Prison Services .................... 5 dicted that all trial work was ex- enced staff members may have Appeals Chamber Affirms pected to finish by the first half of on “the successful and timely Ntawakulilyayo’s Conviction ................ 6 2012, as the three judgments implementation of the completion projected in the last Completion strategy”. Édouard Karemera and Mathieu Strategy Report (S/2011/317) for Ngirumpatse sentenced ..................... 6 delivery in the course of the re- In the area of cooperation, Judge Grégoire Ndehimana sentenced to 15 porting period were rendered. Khan once again stressed the years in Prison ..................................... 7 The major challenges remaining need for Member States to lend for the Tribunal, according to the their full and efficient cooperation Appeals Chamber hears oral arguments in the Hategekimana case ................... 8 ICTR President, include “the to the Tribunal in completing its completion of the final cases, mandate. This relates in particu- Appeals chamber hears oral Arguments special depositions, contempt lar to ensuring the arrest of the in the Kanyarukiga case……………….8 cases, and the review of witness remaining fugitives, the referral Activity of the Appeals Chamber: protection orders”. The chal- of cases to national jurisdictions, November and December 2011……...9 lenges will have to be faced the transfer of convicts for the “amid continued departure of key enforcement of their sentence, Editor-in-Chief: Roland Amoussouga Associate Editor: Danford Mpumilwa staff”, said Judge Khan. and the relocation of acquitted Editorial Committee members: Sarah Kilemi, persons and persons who have Cheick Bangoura, Chiara Biagioni, Iyane Sow, Ahmed Anees, Roman Boed. In the Appeals Chamber, appel- served their sentence. Editing/Layout/Design/Photos: Mahbib late proceedings had been con- Jemadari, Constantin Désiré Lebogo, Speciosa cluded in respect of 37 persons The Tribunal, according to Judge Kitindi E-Mail: [email protected] as at 4 November 2011. And Khan, has also continued to since the last report in May 2011, Continue to page 2 ICTR Newsletter Nov-Dec2011 ICTR Completion Strategy: Justice Hassan B. Jallow Reports to the UN Security Council on the Work of the Office of the Prosecutor ferral Chamber, in an unprecedented decision, granted the request of the Prosecutor to refer the Uwinkindi case to Rwanda for trial under Rule 11 bis of the ICTR rules. The decision was affirmed on 16 December 2011 by the Appeals Chamber. Justice Hassan Jallow expects this to pave the way for the transfer of other cases to Rwanda for trial, namely the Munyagishari case, as well as the Kayishema and Sikubwabo cases. This “confirmatory decision by the Appeals Chamber in the Uwinkindi case may also result in no new trials being commenced at the ICTR”, said the Chief Prosecutor. The work of the Office of the Prosecutor in the months ahead will also be focused on the prosecution and the management of appeals, the tracking of fugitives, servicing foreign requests for as- sistance and preparing for the smooth and effec- tive transition to the Residual Mechanism. Justice Jallow vowed to intensify activities regarding the Justice Hassan B. Jallow tracking and arrest of the remaining nine fugitives through enhanced cooperation with relevant The Chief Prosecutor of the International Criminal Member States, especially in the Great Lakes Tribunal for Rwanda (ICTR) on 7 December 2011 region. updated the UN Security Council on the work of his Office over the past six months towards the The Office of the Prosecutor is currently updating completion of the ICTR’s mandate. Justice Has- case files in respect of six fugitives to ensure their san B. Jallow informed the Security Council that readiness for trial before the Residual Mechanism the Office of the Prosecutor had concluded trial or transfer to a national jurisdiction. proceedings in respect of four accused persons, and that judgement was delivered and conviction ICTR Completion Strategy: President Updates entered in the case of Ndahimana on 17 Novem- Continued form page 1 ber 2011. The hearing of evidence had been concluded in Nzabonimana, and the same was ex- improve awareness of its work through its out- pected in Nizeyimana shortly. The prosecution reach programme in showcasing, disseminating had closed its case in the matter of Augustin and sensitizing the people of the Great Lakes Ngirabatware subject to prosecution rebuttal evi- region and visitors to the Tribunal’s Offices in dence being led after closure of the defense case Rwanda and Tanzania about its achievements which is expected to resume in early 2012. He and challenges in the implementation of its man- revealed, “trial judgments have been rendered in date. all multi-accused cases, including Karemera et al. whose judgement was delivered later on 21 De- The Tribunal has thus welcomed over 1,700 visi- cember 2011”. tors to its seat, and continue its capacity-building activities for legal professionals in Rwanda during Regarding the cases of Felicien Kabuga, Protais the period under review. Mpiranya and Augustin Bizimana, the proceedings for the preservation of evidence are still go- Regarding the Residual Mechanism, she con- ing on, and “much progress has been achieved cluded that ICTR has been working closely with as the prosecution phase has been concluded in the all three cases”, assured the Chief Prosecutor. International Tribunal for the Former Yugosla- via (ICTY) to implement Security Council Resolu- Justice Jallow also revealed that there are cur- tion 1966 (2010) establishing the International rently only two detainees at the ICTR, namely Residual Mechanism for Criminal Tribunals. The Jean Bosco Uwinkindi and Bernard Munyagishari Arusha branch of the Mechanism is due to com- whose cases are pending trial. Moreover, the Re- mence its operations on 1 July 2012. -2- ICTR Newsletter Nov-Dec2011 Appeals Chamber Affirms Referral of Uwinkindi’s case to Rwanda Jean Bosco Uwinkindi during a court hearing at the ICTR The Appeals Chamber of the United Nations In- On 28 June 2011 a Referral Chamber of the Tri- ternational Criminal Tribunal for Rwanda on 16 bunal referred the case of Uwinkindi to Rwanda December 2011 dismissed Jean Uwinkindi’s ap- marking the first time in the history of the Tribunal peal against a decision by a Referral Chamber to to do so. Subsequently Uwinkindi appealed refer his case to the Republic of Rwanda to be against this decision. The Chamber was con- tried in the Rwandan national court system under vinced, based on the evidence, that Rwanda pos- Rule 11 bis. sesses the ability to accept and prosecute Uwinkindi’s case. The Appeals Chamber composed of Judges Theodor Meron, presiding, Patrick Robinson, The Chamber expressed its solemn hope that the Mehmet Gűney, Andrésia Vaz and Carmel Agius Republic of Rwanda would actualise in practice dismissed Uwinkindi’s appeal in all respects and the commitments it made in its filings about its affirmed the impugned decision and stayed the good faith, capacity and willingness to enforce the transfer of Uwinkindi to Rwanda pending a Trial highest standards of international justice. Chamber’s acceptance of a corrected indictment. The Referral Chamber also requested that the The Appeals Chamber recalled that, in a separate Registrar appoint the African Commission on Hu- decision it had ordered Trial Chamber III of the man and People’s Rights to monitor Uwinkindi’s Tribunal to direct the Prosecution to file a cor- trial in Rwanda and determined that the Commis- rected indictment in Uwinkindi’s case in order to sion would bring to the attention of the ICTR remedy several defects which had been identi- President any potential issues that may arise fied. throughout the course of the proceedings. The Chamber emphasised its authority under Rule 11 The Appeals Chamber noted that it considered it bis to revoke the case from Rwanda as a last re- important that these defects be remedied prior to sort if necessary.

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