Tribunal penal international pour le Rwanda OFFICE OF THE I \In [I \Arlo\\ \AIKV.\I \~r\ PROSECUTOR Arusha International Conference Centre P.O.Box 6016, Arusha, Tanzania Tel: 255 57 4207-1114367-72 or 1 212 963 2850 - Fax: 255 57 400014373 or I212 963 2848

INTEROFFICE MEMORANDUM - MEMORANDUM INTERIEUR

To: Mr. Constant Hometowu, LO Date: 24/November, 2005 Co-ordinator Trial Chamber I11 Ref: KARJOS Court Management Section ?<

CC : Ms. Carmelle Marchessault Counsel for Francois Karera

/' 1: * From: Florida Kabasinga sj k- &2 c- - -P -- r Case Manager KibuyeIKigali Rural Trial Team

Subject: MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES TO CRIMES ALLEGED IN THE INDICTMENT (PURSUANT TO ARTICLE 21, RULES 54,69,73 & 75.

1. Kindly find attached to this memo the following documents in the above matter:

a) The above mentioned motion. b) Annextures thereof

2. Kindly serve the Defence and other concerned parties with said documents attached.

Regards. International Criminal Tribunal for Rwanda Tribunal Penal International pour la Rwanda

Arusha International Conference Centre IYllI )YhllON\ ~\IION,~JPII, P.O.Box 6016, Arusha, Tanzania Tel: 255 57 4207-1 114367-72 or 1 212 963 2850 - Fax: 255 57 400014373 or 1 212 963 2848

TRIAL CHAMBER I11

Before: Dennis C.M. Byron, Presidmg Flavia Lattanzi Gberdao Gustav I

Regstrar: Adama Dieng

Filed on: 24 November 2005

THE PROSECUTOR

FRANCOIS KARERA (CASE NO.ICTR-01-74-1)

THE PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES TO CRIMES ALLEGED IN THE INDICTMENT. - (Pursuant to Article 21, Rules 54,69,73 and 75)

Office of the Prosecutor: Charles ;\deogun-Phlllips Peter Tafah Memory Maposa Florida Kabasinga

For the Accused: Carmelle Marchessault Steven Kelhher Introduction:

1. Pursuant to a warrant of arrest issued by the Honorable Judge Erlk Mose on 2 August 2001, Francois KARERA was arrested in Kenya on 20 October 2001 and transferred to the Tribunal's detention facility on 21 October 2001.

2. Francois KARERA made hs Initial Appearance on 26 October 2001 under Rule 62 of the Rules of Procedure and Evidence before the Trial Chamber of the Tribunal. 'l'he accused pleaded not gudty to the four counts he stood charged with.

3. On 16 September 2005, the Prosecutor filed an application for an order for non- dsclosure to the public and to the medta, of the identity, whereabouts and any other information that is hkely to reveal the identity or addresses of witnesses identified by pseudonyms.

4. On 9 November 2005 the prosecutor dsclosed all the witnesses' statements to the defence in an unredacted format.

5. On 21 November 2005, the Chamber du-ected the parties to present oral submissions, and provide any other information deemed necessary, in support or in rebuttal of the Motion [for Protective Measures] at the Status Conference on 23 November 2005.

6. At the status conference of 23 November 2005, the Chamber drected that a motion br protective measures be filed on 24 November 2005.

Le~aland factual ?rounds advanced in sup~ortof this Motion:

7 Article 21 of the Statute recognizes the need for and the importance of protective measures for victims and witnesses. ,Rule 54 is a general provision relating to orders that can be issued to ensure the smooth conduct of trial. Rule 69 states that, in exceptional circumstances, either party may apply to a Trial Chamber to order the non-closure of the identity of a victim or witness who may be in danger or at risk, unul the Chamber decides otherwise. Rule 73 provides that after the initial appearance of the Accused, either party may move the Trial Chamber for appropriate relief. Rule 75 authorizes a Judge or Trial Chamber to order appropriate measures for the privacy and protection of victims and witnesses, provided that the measures are consistent with the rights of the Accused.

8 Pursuant to both the Statute and the Rules, the Tribunal has issued orders in every trial proceedng before it for the protection of victims and witnesses.

9 'The Prosecutor submits that the granting of measures for the protection of witnesses, as recognized in the international criminal justice system, is necessary for the security and protection of witnesses. It is submitted that the measures requested are appropriate under the circumstances of ths case. They are sdar to measures granted by ths Tribunal in the past and are designed to gve due regard to the protection of victims and witnesses whde at the same time safeguarding the rights of the Accused.

10 The Prosecutor moves the Trial Chamber to grant these measures because there is a real and substantial danger that victims and potential prosecution witnesses d be threatened, assaulted, or lulled if their identities are revealed.

11 The Prosecutor attaches the Declaration of Alfred KWENDE dated 23rd November 2005 in support of ths motion (Annex A). The Declaration provides information regardmg the security situation generally in Rwanda and specifically in the IOgali- Rural Prefecture. Adhtionally, the Prosecutor attaches the following supporting material:

Annex B Article, Reuters, "Nine Rwandans to Hang for Wnggenocide witness", dated 26 Apnl2005;

Annex C Article, Irinnews, "Over 1,000 refugees flee to Uganda", dated 20 Apnl2005;

Annex D Article, Irinnews, "Hundreds flee Gacaca courts", dated 13 March 2005;

Annex E Article, Afrol News Onltne, "Genocide conviction of Rwanda clerical welcomed", dated 16 December 2004;

Annex F Article, Afrol News Online, 'Congo "fighting Rwandan troops" in IOvu', dated 15 December 2004;

Annex G Article, Afrol News Onltne, "Burundians flee for Rwanda, citing violence", dated 11 March 2004;

Annex H All Africa.com News Report, Africa 2004;

Annex I Article, Knight kdder Newspapers, "Witnesses to Rwanda genocide intimidated, slain", dated 6 Apnl2004;

Annex J Report of the Government bi-weekly newspaper, The New Times, dated 12 January 2004 reporting on the flee of genocide survivors from Gikongoro province;

Annex K BRC News Onltne, "Genocide witnesses 'being Ned"', 16 December 2003;

Annex L Article, AfricaBlog, "Hidmg the Truth", dated 16 December 2003; Annex M Press Report, Agence France Press (AFP) dated 14 October 2003;

Annex N Press Report, Agence France Press (AFP) dated 14 October 2003;

Annex 0 Press Report, Agence France Press (AFP) dated 13 October 2003;

Annex P Report by UN office for the Coordmation of Humanitarian Affairs, dated 3 June 2003;

Annex Q Memorandum from the Witness and Victim Support Section, dated 4 September 2002.

Annex R Documents produced by Le Petit Chateau, evidencing the number of Rwandan asylum seekers in Belgium, dated 8 June 2002.

Annex S Article, Hirondelle News, "Rwanda/genocide - genocide survivors in danger", dated 17'~November, 2005

Annex T Article, The New Times Online, "Another survivor murdered", dated bthNovember 2005

Backround of the Accused

12 Franqois IOXf3RA was born around 1939 in Huro Secteur, Musasa Commune, Igali-Rtlrale Prefecture, Rwanda.

13 At all times referred to in the Indictment Franqois IC4RERA was a senior public official who was PrPfet of Iagali-firale prefecture.

14 By virtue of hls rank, office, and links with prominent figures in the community, Franqois IURERA had control over Borqmestres, Conseillers de Sectetcr, Responsables de Celh.de, h>trmbakmi (ten-house leaders), admhstrative personnel, gendarmes, communal police, Interahamwe, dtia, and armed cidans.

Victims and Potential Prosecution Witnesses for whom the Protection is Sought:

15 The persons for whom protection is sought fall into dfferent categories, all of which require measures of protection. Those categories include:

(i) Potential prosecution witnesses who may presently reside in Rwanda and who have not affirmatively waived their right to protective measures;

(ii) Potential prosecution witnesses who may presently reside outside Rwanda but who live in other countries in Africa and who have not affmatively waived their rights to protective measures; (iii) Potential prosecution witnesses who may reside outside the continent of Africa and who have not affirmatively waived their rights to protective measures.

The risks faced bv victims and potential witnesses in Rwanda:

16 The risk to victims and witnesses is not hted to that posed by cross-border incursions. There is also serious risk of attacks and Wngs within and throughout Rwanda, as shown by the Gikongoro killings. (See Annex H).

17 The documents presented in the Annexes detail some of the violent incidents that have occurred. Such occurrences threaten not only potential prosecution witnesses but also survivors of the genocide, includng the victims of attempted murder, rape, assault, robbery, confiscation of property, and other crimes committed during the course of the genocide. They also threaten those living in other countries, both withn and outside the continent of Africa because of the existence of large numbers of members of Rwandan Armed Forces, the Interahamwe groups as well as members of the former civihan government of Rwanda and other people who collaborate with such persons, as well as fugtives sought by the Prosecutor, who are sdat large.

18 It is a matter for the record that since the genocide in 1994, more than one don Rwanda refugees have returned to Rwanda, many of them of Hutu origm. Most of these refugees entered Rwanda without border checks by the Rwandan authorities, and there is evidence that former members of the Rwandan Armed Forces and the lnterahamwe have infiltrated the ranks of these refugees. These infiltrators have regrouped inside Rwanda and constitute a menace withln the country. Elements of ths force have made several attacks that continue to result in deaths and destruction among the community of survivors.

The risk to witnesses livinp outside Rwanda:

19 Sirmlar insecurity exists in countries neighboring Rwanda, as evidenced by the Annexes attached. Moreover, ths Tribunal has previously recopzed that the present security situation affects victims and potential witnesses residmg outside Rwanda or the neighboring countries. [See the Prosecutor v. Nsengzmana, Case No ICTR 2001-69-T (Decision on the Prosecutor's Motion for Protective Measures for Witnesses, paragraph 14) (2 September 2002). See also the Prosecutor v. Nyiramasuhuko, et al, Case No ICTR-98-42-T (Decision on Pauline Nylramasuhuko's Motion for Protective Measures for Defence Witnesses and Farmly Members, 20 March 2001). See also the Proxe~ztorv. Musa&mana, Case No ICTR-2001-62-1 (Decision on the Prosecutor's Motion for Protective Measures for Victims and Witnesses, 19 February 2002)l.

20. Many defence witnesses are located outside Rwanda, and protection measures have been extended to protect them from potential risks. The Prosecutor submits that sirmlar risks are faced by potential prosecution witnesses and that a consistent approach required in respect of both prosecution and defence witnesses has been followed by the Trial Chamber of ths Tribunal.

21. The Prosecutor submits that, since supporters of the Accused might reside in or travel to any country in whlch a witness resides, witnesses face a real and substantial danger, wherever in the world they reside; that they wdl be threatened, assaulted, or lulled by virtue of their co-operation or potential co-operation with the Tribunal if appropriate protective measures are not put into place. Large numbers of Rwandese people, includmg supporters of many Accused, live in dfferent countries outside Africa, particularly in Europe. (See for example, the figures for the number of successful Rwandese asylum seekers in Belgium. The same measures for witness protection are therefore sought wherever the witnesses reside. (See Annex P).

22. The Prosecutor accordngly requests that all protective measures be applied in respect of all victims and of potential prosecution witnesses, irrespective of where in the world reside, as long as they have not waived their rights to protective measures.

PROTECTIVE ORDERS SOUGHT:

23 The Prosecutor's accordngly moves the Trial Chamber, under Article 21 of the Statute and Rules 54, 69, 73, and 75 to issue the following orders in respect of the Accused:

i. Requiring the Prosecution to designate a pseudonym for each potential prosecution witness, irrespective of hs/her place of residence, who has not waived hs/her right to protective measures ("Protected Person'?) also requiring that the pseudonym shall be used whenever referring to such Protected Person in Tribunal proceedmgs, communications, and discussions both between the parties and with the public.

ii. Requiring that the names, addresses, whereabouts and other information whch might identify or assist in idenufylng any protected Person ("identifymg information") be sealed by the Registry and included in any records of the Tribunal (past, present, or future) other than the CONFIDENTIAL material provided to the Trial Chamber in support of this motion.

iii. Requiring, to the extent that any names, addresses, relations, whereabouts or and other information concerning or tendmg to identify such victims and actual or potential prosecution witnesses is contained in existing records of the Tribunal, that such Identifying Information be expunged from those documents.

iv. Prohbiting the dsclosure to the public or the meda, prior to, during, and after the termination of ths trial and any appeal, of any Identifjing Information concerning Protected Persons. V. Prohbiting the Accused or any member of the Defence team from attempting to make any independent determination of the identity of any Protected Person or encouraging or otherwise aidmg any person to attempt to identify any such Protected Person.

vi . Requiring the Defence to provide to the Trial Chamber and to the Prosecutor a designation of all persons worktng on the immedate Defence team who wdl have access to any Identifymg Information; also requiring the Defence to no ti^ the Trial Chamber and the Prosecutor in writing of any person leaving the Defence team and to confirm in writing to the Chamber and to the Prosecutor that such person has remitted all material containing Identifymg Information.

vii. Requiring the Accused and/or Defence Counsel to make a written request to the Trial Chamber, with reasonable notice to the Prosecution, prior to contacting any Protected Person or any relative or associate of such person; also requiring the Prosecution, at the Direction of the Trial Chamber, to fachtate such contact, provided that such person (or the parents or guardan of such person if he/she is under the age of eighteen years) consents to an interview by the Defence. viii. Prohibiting the Defence and the Accused from duectly or indxectly sharing, discussing or revealing any Identifymg Information to any person or entity other than the Accused, assigned Defence Counsel, or other persons the Regstry designates as workmg on the Defence team.

ix. Prohbiting the photographing and audio and/or video recordmg or sketchmg of any Protected Person at any time or place, without leave of the Trial Chamber and the parties.

x. Prohbiting the Accused both indtvidually or through any person worhng for the Defence, from personally possessing any material that contains any Identifymg Information, includtng but not hted to, any copy of a witness statement even if the statement is in redacted form, unless the Accused is, at the time in possession, in the presence of Counsel; also instructing the United Nations Detention Fachty authorities to ensure compliance with the prohibition set out in thls paragraph.

xi. Any other order or orders the Trial Chamber may deem appropriate in the interest of justice. PROSECUTOR'S PRAYER:

24. In view of the foregoing the Prosecutor moves the Trial Chamber to GRANT the Prosecutor's Motion and issue the Orders requested in paragraph 22(i -xi).

Dated at Arusha, ths 24'h day of November 2005.

Senior 'Trial A\ttorne); PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNSESSES

ANNEX A

DECLARATION OF ALFRED KWENDE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

Case No. ICTR-01-74-1

THE PROSECUTOR v.

FRANCOIS KARERA

DECLARATION OF ALFRED KWENDE I, Alfred Kwende being aware of the penalties for false testimony under solemn declaration under Rule 91 of the Rules of Procedure and Evidence, do attest that the facts contained in this declaration are true and accurate to the best of my knowledge and belief:

1. I am in the Investigations Division of the Office of the Prosecutor based in Kigali, Rwanda.

2. The source of my information emanates from the United Nations Field Security Coordinator in Rwanda, Rwanda Security Agents, UN Agencies in the field, foreign missions in Rwanda, Non-governmental Organizations, United Nations Security Officers, and the Press, as well as my physical day to day contact with the people of Rwanda.

Security situation throughout Rwanda

3. Rwanda is divided into two parts from the security point of view. The western part that neighbors the Democratic Republic of Congo (DRC) has the scene of much insurgency in recent times and should be considered highly volatile from a security point of view. There were several incidents in 2004 involving the Congo-based Democratic Forces for the Liberation of Rwanda (FDLR) in Gisenyi Province, near the volcanoes National Park in northwestern Rwanda. In April 2004, the FDLR attacked RDF troops in Mutura. In November 2004, several rockets detonated in Rwerere Commune. The Government of Rwanda blamed the FDLR and threatened reprisals for the incident, which resulted in at least ine civilian injury. In March 2005, the FDLR announced it would edits armed struggle against the government of Rwanda, but thousands of combatants are estimated to remain in eastern Congo.

4. The prefectures of Kigali-Rural, Mutara and Gitarama, whilst generally more secure, are not without a significant incidence of violent crime. The following are examples drawn from Security records: 4.1. In March 2000, one of the advisers to the former President of Rwanda was shot dead in his house at Kacyiru in Kigali-Ville by unknown armed men dressed in military uniform.

4.2, Within the same month, in Butare, Kigembe District, a group of armed men in Rwandan and Burundi military uniform shot dead the Chief of Nyaruteja Sector at his residence and other people who were with him were seriously injured.

4.3. In May 2000 three armed militia in Rubatv district in Gisenyi shot dead the 'Conseiller' of the sector and seriously injured three local defence soldiers. Government forces killed three of the militiamen who were then identified as ex- FAR soldiers.

4.4. In June 2001, armed men shot and killed the Police Commander of Ndizi District in Gitarama Province, while the Mayor of Bonija-Nyakabanda District in the same province was seriously injured in an assassination attempt at his residence.

4.5. In June of the same year, pamphlets from unspecified persons were being circulated threatening or targeting the Tutsis in Butare.

4.6. In October 2001 an Italian priest was shot dead in Kigali-Ville. At the same time the government issued a warning regarding armed robberies and consequent killings, which were said to be on the increase because of demobilization.

4.7. In January 2002 a founder member of the opposition Democratic Party was killed at his home in Kigali-Ville.

4.8. More recently in April 2004 about 300 Forces Democratiques de Lib6ration du Rwanda (FDLR) guemllas attacked the Rwandan Defence forces near Parc National des Volcans in Gisenyi province. As a result of this rebel attack the United Nations first issued a security alert to all UN field personnel in Gisenyi, Ruhengeri and Cyangugu. When further incursions were made by rebel forces from Bukavu, DRC, into the north-eastem Rwandan provinces, the UN then increased its security warning and restricted all travel of its personnel in these areas. The presence of rebel infiltrators, the armed robberies and assassinations within the country constitute a high security risk.

The specific threat to witnesses 5. Witnesses have always been exposed to a high level of threat. The ICTR has a responsibility to protect the identity of its witnesses and thereby reduce this threat, not only to ensure the safety of those prepared to give evidence, but also to encourage other potential witnesses to come forward. It is generally agreed that travel to meet witnesses with armed troops is counterproductive in that the witnesses, by and large, do not want their identities known, as they fear for their lives. The appearance of armed troops only highlights their identity. The same is true of the presence of UN vehicles of any sort.

6. As well as the generally insecure situation in Rwanda, the threat to witnesses from those supporting the genocide accused or suspects (e.g. family members, business associates, ex-military colleagues et al) cannot be underestimated. With the high number of guilty verdicts at Arusha, it is likely that the actions of such supporters will become increasingly violent.

7. Since the initiation of the Gacaca in Rwanda there has been increasing hostility towards witnesses and this has inflamed antipathy towards those giving evidence at the ICTR.

8. The following are recent examples cited in the Press:

8.1. Even before the official launch of the traditional courts in June 2004, the homes of genocide survivors in the southern province of Butare were set on fire to intimidate survivors from testifying [Source: RNA news agency, Kigali, in English. 0001 GMT 25 Jun 041

8.2. The New Times of Kigali reported on 24 April 2005 that in the Kigali-Ngali [Rural] area a woman and her husband who were due to testify in Gacaca were hacked to death by unidentified people and that they were targeted because of being potential witnesses against several genocide suspects, according to reports. The dead man was a resident of Ndera area, who had earlier been warned against testifying in the Gacaca sessions. Reports indicate that after the incident, most witnesses and survivors of the genocide around the area feel insecure and refuse to participate in Gacaca. Similar cases have been reported in Gikongoro and Butare provinces where genocide survivors have been murdered, while others are constantly intimidated and live in fear. [Source: The New Times web site. Kigali, in English 24 Apr 0.51

8.3. Radio France Internationale reported on 11 April 2005 that recently several score of Rwandans had fled to Burundi and Tanzania to avoid appearing before the Gacaca. Several genocide victims have been murdered to stop them from testifying before these village gatherings. A representative of Ibuka, an association for genocide victims, said that the murders were perpetrated by recently released prisoners who are trying to elude the Gacaca trials and that as a result many victims are no longer testifying. [Source: Radio France Intemafionale, Paris, in French 0430gnl: 11 Apr 0.51

8.4. In early April 2005 the minister of local government, good governance, community development and social affairs, Mr Protais Musoni, reiterated that disruption of Gacaca activities and harassment of witnesses to prevent them from testifying in the Gacaca courts is a great crime. The fact that he has spoken out about this is indicative of the frequency and high profile of such harassment. [Source: Radio Rwanda, Kigali, in French 0515 gmt 3 Apr 051 8.5. Although it has not been proven to be related to his proposed testimony, the murder in Gikongoro of Bosco Nyemanzi in October 2004 seems likely to have been linked to his evidence. If indeed this murder is related to his evidence given before the ITCR, it shows that the threat to witnesses is as strong today as it has been since the Tribunal's inception. And if it is not, there is no reason to doubt that the perception that it may have been linked to his evidence, will render many potential witnesses too afraid to give evidence.

9. There have been numerous other murders, and cases of intimidation and harassment of witnesses and their families in recent years. Some notable examples are:

9.1 In December 2003 three potential witnesses were killed in the province of Gikongoro [Source: BBC News, UK Edilion, 16 December 20031. According to the news report, a spokesperson from IBUKA (Association of Genocide Survivors) stated that the reason for the killings was to create fear and therefore to prevent the genocide survivors from testifying in the Gacaca courts.

9.2 Hirondelle Press Agency reported in June 2004 that genocide survivors had been murdered in a town south west of Kigali. As reported, there have been several similar murders in Rwanda, the common factor being that the victims were scheduled to testify in the Gacaca [Source: "Mysterious murders threaten to derail Gacaca " HPA, 4 June 20041.

9.3 In November 2003 about half a dozen genocide witnesses in Gikongoro who were to testify in the Gacaca were murdered. Several suspects were arrested, amongst whom were commune and district leaders (i.e. members of the government). These arrests exposed a carefully orchestrated plan to eliminate Gacaca witnesses in the Gikongoro/Cyangugu area.

9.4 In March 2002 the Gikondo Area representative of IBUKA was shot dead in Kigali-Ville. Two others were seriously injured in the incident, one of them

PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX B

Article, Reuters, "Nine Rwandans to hang for killing genocide witness" dated 26 April 2005 This is G o o g I e's cache of ~p;~www.~anda.net/enu1ish/News/2~/news032004/news03052004.has retrieved on 12 Apr 2005 10:12:18 GMT. G o o g I e's cache is the snapshot that we took of the page as we crawled the web. The page may have changed since that time. Click here for the current Dacle without highlighting. This cached page may reference images which are no longer available. Click here for the cached text only. To link to or bookmark this page, use the following url: http: //www.google.com/search? q=cache:NrAYcHP6CtcJ:www.manda.net/english/News/2004/ne~s032004/new~03052004.htm+Rwanda+and+killing+of+witnesses&hl=en

Goo~leis nor offiliared with the authors of this puge nor responsible for itr ronrenr.

These search terms have been highlighted: rwanda killing witnesses

RADIO JOB OPI'OKTUNITIES TRAVEL FORUMS EVENTS Tuesday, April 26 2005 1 11 :36:38 AM 1Google Sea I G Search WWW r Search rwanda.net

HEADLINES NEWS

Rwanda: Audit Unearths Nine Rwandans to hang for killing NEWS Irregularities in Use of State genocide witness

SPORTS REUTERS UN Integrated Regional MUSIC Information Networks KIGALI - A Rwandan court March 5,2004 sentenced nine people to death and YELLOW PAGES one to life imprisonment over the A report from the Auditor killing of a survivor who was due TOURISM ~enlral'soffice in Rwanda says to testify about their role in the that several government ministries country's 1994 genocide, officials GEOGRAPHY and parastals were involved in said Friday. irregular tendering procedures in USA Canada HISTORY the country to lose The(wruled that the defendants bth millions of dollars and frustrating were guilty of killing Emile C UL'I'UKE the government's efforts to reduce Ntahimana last year in the south- News high levels of poverty nationwide. western province of Gikongoro. eNews :Rr GENOCIDE Yahoo News :Ru "The findings indicate that some Prosecutors said Ntahimana was BBC News :Rum public officials continue to cause among four genocide survivors who CNN Nw;Rwa the government losses by dodging were killed by a gang of genocide All Africa News: . ECONOMY the National Tender Board in suspects in order to stop them from Genocide International Crimir order to siphon government funds giving evidence in the so-called for Rwanda (ICTR) EDUCATION for their own interests," the report traditional Gacaca village courts. Rwanda: Accountab for 2002, which was released last Crimes and Genocid CIVIL SOCIETY& week, said. The Gacaca courts were introduced Children of Rwa& NGO in 2001 to help speed up trials for an More.. .,...... The audit said some government estimated 85,000 suspects held in the Education CHARITY ministries and parastatals had tiny central African nation's prisons National Universitv 4 violated tendering guidelines from in connection with the genocide in te of Sc the National Tender Board (NTB), which extremist Hutus killed some Rwanda Politic$ resulting in the irregular award of 800,000 people. - Republic of Rwanda tenders worth US $5.8 million. .JOBOPI'OKTUNITIES USA: Embassv of tht The audit said the practise had The verdicts bring to 14 the number of Rwanda in Washi YELLOW PAGES also resulted in the government of people sentenced to death and Charity Organi; acquiring poor quality goods and three to life imprisonment for killing Rwanda develop me^ INFO SERVICES services at exorbitant prices. potential witnesses. Culture ABOUT US The government of Rwandan set Lawmakers had accused the @Rwanda up the tender board and the government of being reluctant to stop Inform~tionExchange Auditor General's office in a bid the intimidation and the killings of Write To Us to curb corruption and mobilise witnesses. resources to reduce the high poverty levels. Genocide survivors welcomed the ruling. The board is mandated to handle all purchases exceeding three million Rwandan francs ($5,769) made by government institutions, while internal tender committees at the ministerial level handle Kwanaa lnrormarion cxcnangt:

those for lesser amounts.

Observers said that with the revelation of irregularities in the In Sports and Life use of government funds, efforts "Success is how high you bounce when to eradicate poverty could prove you hit bottom. " difficult. At least half of -General George Patton Rwanda's 8.1 million people live on Iess than a dollar per day. RWANDA FORUM Although corruption in Rwanda Rwanda-1: Join Discussions on Rwanda is not considered rampant when Enter Your Email and Press Enter compared with other countries in the region, cases of continued Subscribe to rwanda-1 embezzlement of state funds are significant. According to the report, the Ministry of Education, enter email address the Civil Aviation Authority and the judicial sector failed to Powered by goups.yahoo.com account for the loss of $3.1 million.

It said that out of the 44 embezzlement-related cases tabled before the state prosecutor's office, only 5 percent of the cases had been finalised while 75 percent were with the prosecutor, pending court proceedings.

The auditor general reported that investigations conducted revealed that up to $7 million and -6,240 ($7,612) was unaccounted for in various government institutions and projects. Page 4 of 5

"There'seither conspiracy or deliberate misplacement or inexistence of transaction documents such as delivery notes and proforma invoices, requisition forms purchasing orders within different institutions," the report said. "This puts the process of accountability at stake."

DISCOVER R WmDA Picture of The Week

RWANDA YELLOW PAGES - Government Listia - ---Business Listinn PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX C

Article, Irinnews, "Over 1000 refugees flee to Uganda'' dated 20 April 2005 Over 1,000 refugees flee to Uganda Page 1 of 1

UN Office for the Coordination of Humanitarian Affairs IRINNEWS.ORG Tuesday 26 April 20CD5 RWANDA-UGANDA: Over 1,000 refugees flee to Uganda

KAMPALA, 20 Apr 2005 (IRIN) - The UN refugee agency, UNHCR, said on Wednesday at least 1,118 Rwandans had crossed over to southwestern Uganda since the beginning of April, with some of them claiming to be escaping "arbitrary arrests" at home.

"We have asked the government to start a process of their registration," Mikael Rasmussen, a UNHCR voluntary-registration officer, said from the Ugandan capital, Kampala.

He had just returned from Nakivale in the district of Mbarara, in southwestern Uganda.

Rasmussen said the majority of refugees started arriving on 4 April. The Rwandans, comprising 295 families, were in a refugee camp in Nakivale.

"The [Ugandan) government is the one to determine their status - through the office of the prime minister - and what should be done with them," he added. @: I On Monday, UNHCR told INN that another 2,000 Rwandans had fled to northern Burundi since the end of March. UNHCR said it had yet to established why Rwandans were fleeing their homes.

A humanitarian worker, who also requested anonymity, said some Rwandans had told him they had fled in fear of arrest and prosecution by Rwanda's traditional justice system, known as "Gacaca".

Gacaca courts began operating across Rwanda In March, as part of the government's efforts to clear a backlog of genocide cases that were pending before the regular national courts.

Nearly one in 10 of Rwanda's eight million people face charges stemming from the 1994 genocide, according to official estimates. An estimated 10,000 have been tried to date before national courts.

Gacaca courts, based on a traditional village model of delivering justice, have the power to acquit or convict genocide suspects, and hand down sentences ranging from community service to life imprisonment. f+ - [ENDS]

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ANNEX D

Article, Irinnews, "Hundreds flee Gacaca courts", dated 13 March 2005 Hundreds flee Gacaca courts Page I of 7

UN Office for the Coordination of Humanitarian Affairs IRINNEWS.ORG Tuesday 26 April 2005 BURUNDI-RWANDA: Hundreds flee Gacaca courts

BUJUMBURA, 13 Apr 2005 (IRIN) - At least 500 Rwandans have arrived in northern Burundi since 29 March, fleeing prosecution in Rwanda's traditional justice system, known as Gacaca, local Burundian officials told IRIN on Wednesday.

The governor of Burundi's northern province of Ngozi, Felix Niragira, said the Rwandans had also fled their country fearing that ethnic massacres were imminent.

He said the Rwandans have sought refuge in Mwumba, Busiga and Marangara districts in Ngozi, as well as in the neighbouring Kirundo Province.

"We decided to keep all refugees together in Marangara," he said. "By Tuesday, we had registered 121, and 148 more arrived the same day. Another 394 went to Rushubije and Ntega in Kirundo."

The prefect of the Rwandan province of Butare, Hope Tumukunde, toured Rushubije on Tuesday to convince the refugees to return home.

"We are here because of fear of imminent ethnic massacres planned for 14, 15 and 16 April," the refugees told Tumukunde.

Despite Tumukunde's plea, only eight refugees agreed to return home. The refugees added that they felt that they were targets because all Tutsi survivors of the 1994 genocide in their area were wearing bracelets as distinguishing signs.

Other refugees said they fled the Gacaca courts because innocent citizens were being framed over the genocide, in which up to 937,000 people died, according to official estimates.

"Nobody should fear Gacaca, it is aimed at finding out the truth and reconciling Rwandans," Jean Pierre Bizimana, Rwanda's ambassador to Burundi, told IRIN in the capital, Bujumbura.

He added that it was only a matter of asking for forgiveness, to get a reduction of one's sentence.

"Those who will be judged by other courts will get heavier sentences," Bizimana said.

The two Burundian provinces of Ngozi and Kirundo have been experiencing a food shortage due to drought, and residents have been receiving aid from local NGOs and international relief organisations.

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ANNEX E

Article, Afro1 News Online, "Genocide conviction of Rwanda clerical welcomed", dated 16 December 2004 - afrol News - Genocide conviction of Rwanda clerical welcomed Page 1 of 2

~fTO( This article was found at the online version of afrol News. The URL and reference to the article is http://www.afrol.comlarticles/l5032 .--.News

twnnda Sockty ( Human rights Genocide conviction of Rwanda clerical welcomed

afrol News, 16 December - The genocide sentences against pastor Elizaphan Ntakirutimana and his son were confirmed by the UN's International Criminal Tribunal for Rwanda (ICTR) this week. This final confirmation beyond appeal was today welcomed by Rwandan rights groups, saying it "brings closure to the survivors' painful struggle for justice in what has been a difficult case."

Pastor Ntakirutimana of the Seventh Day Adventist Church and his son, Doctor Gerard Ntakirutimana, in February 2003 first were convicted by the special UN tribunal in Arusha, Tanzania. The clergyman and his son however maintained they - were innocent of the genocide charges and appealed the sentence. On Monday this week, the Appeals Chamber of the Arusha court confirmed the convictions and sentences against the two.

The Rwanda-based human rights groups Africa Rights today welcomed that the case finally had come to an end, more than ten years after the Rwandan genocide. "It took a long time, hard work and patience to prosecute Ntakirutimana in Arusha," commented African Rights director Rakiya Omaar, but now the survivors could finally rest.

- The decision does not, of course, diminish [the sutvivors'] grief and immeasurable sense of loss, the rights group commented. "But it does, at least, reflect an acknowledgement of their suffering and ensures that the victims have not been forgotten."

Mr Ntakirutimana, an 80-year-old Seventh Day Adventist pastor, and Dr Gerard, a medical doctor, committed genocide and crimes against humanity in the Rwandan

A prefecture of Kibuye. They were found to be complicit in the murder of thousands of unarmed Tutsi men, women and children who had looked to them for protection and assistance.

Many of the victims were other Adventists who worked with them, lived close to them and had known them most of their lives. Others had come to their compound confident that their church and hospital would shelter them against violence. The clergyman and his son however betrayed these refugees and sent thousands of them into their certain death.

Father Ntakirutimana instead led Hutu death squadrons to the church where the Tutsi civilians were hiding out. There, almost all the internal refugees, mostly children and women, were brutally slaughtered by the militia. Only a few individuals survived the massacre to testify about it, leading the court to believe Mr Ntakirutimana and his son had plaid an active part of it.

8 arrol News - Genocide conviction of Rwanda clerical welcomed Page 2 of 2

According to African Rights, this week's decision by the lCTR Appeals Chamber is

significant on several counts. Firstly, the process to bring Mr Ntakirutimana to justice had been particularly forbidding. Arrested for the first time in September 1996, but supported by his family and an active community of supporters in Laredo, Texas, the legal battle to extradite him to Arusha went as far as the US Supreme Court in February 2000.

Secondly, Mr Ntakirutimana was the first clergyman ever to be transferred to Arusha. This, says the rights group, was "an important indication that despite the reluctance of Church authorities to respond to allegations of genocide, the clergy could be held accountable." There are now three Catholic priests detained in Arusha awaiting trial. @ However, there are still some senior clergy accused of genocide crimes yet living in exile with the support of their churches, both Protestant and Catholic.

- It is to be hoped that the conviction of Elizaphan Ntakirutimana will encourage the relevant Church authorities to treat outstanding allegations against clergymen seriously and that they will cooperate futly in ensuring they are brought to justice, - says African Rights in a statement. In particular, the Rwanda-based group sent an appeal to the judicial authorities in France, which have been found to undermine the lCTR in a recent European human rights conviction. African Rights had "documented in great detail" a case against Father Wenceslas Munyeshyaka, which the group claims was participating in the genocide, but the French judiciary has been unwilling to prosecute the Catholic father.

By staff writer

O afrol News

This article was found at the online version of afrol News: www.afrol.com Back to front paae - Back to article PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX F

Article, Afro1 News Online, "Congo 'fighting Rwanda troops' in Kivu", dated 15 December 2004 - azrp1 News - Congo "fighting Rwandan troops" in Kivu Page 1 of 3,

ofr01 This article was found at the online version of afrol News. The VRL and News reference to the article is http://www.afrol.cornlarticles/l5001

Conoo1- Polltlcs Congo "fighting Rwandan troops" in Kivu

afrol News, 15 December - The Kinshasa government holds that the fighting in North Kivu province is not between factions of its own army but indeed between Congolese and Rwandan regular armed forces. Rwanda denies having troops in eastern Congo and a UN investigation team is now heading towards North Kivu.

According to an official report by the government of Congo Kinshasa (DRC), its armed forces are currently engaged in fighting with regular troops from the Rwandan army. Kinshasa thus denies earlier reports by the UN and its own military officers es that the fighting that started this week in North Kivu is between factions of the h Congolese army.

The government of Rwanda several times this year has threatened to intervene in eastern Congo following a strengthening of genocidal Rwandan rebels in that area and a failure by Kinshasa to disarm these as agreed upon. The UN and several donor countries have warned Rwanda that a possible troop deployment in Congo Kinshasa would have consequences for Kigali authorities.

There have been several reports indicating that Rwandan troops indeed have operated on Congolese soil during the last few weeks. The UN peacekeeping mission in Congo, MONUC, has so far agreed there were indications of Rwandan activities in eastern Congo but says there is no conclusive evidence of this so far. Kigali denies having sent troops over the border.

Heavy fighting broke out in the Congolese province of North Kivu at the Rwandan border this weekend. According to earlier reports by MONUC, this fighting was 63 between two earlier rebel groups that have been integrated in the Congolese army as part of the country's transition process.

One of the factions was said to be ex-rebels from the formerly Rwandan-supported group RDC-Goma, while the other faction was to belong to their long-lasting foes, former rebels of the Kinshasa-supported Mayi Mayi group. Regular officers serving in North Kivu had told the UN that troop elements no longer obeyed to their orders.

Yesterday, however, the Kinshasa Information Minister told the press that the incidents in North Kivu were "not a mutiny" but indeed a "war against Rwanda." On a security mission in North Kivu, Kinshasa's regular troops had encountered Rwandan troops and hostilities had taken place. Several soldiers had been killed and two Rwandan soldiers were taken prisoner, Kinshasa officials claim.

Reports by the press in Kinshasa however seem to confirm earlier information by MONUC. 'Le Phare' claimed to have spoken to mutinous Rwandan-sponsoredex- '&ol News - Congo "fighting Rwandan troops" in Kivu Paee 2 of L

rebels referring to the death toll among loyal Congolese troops. Also 'LIAvenir' had interviewed combatants in North Kivu and spoke of the death toll among the mutineers, not mentioning Rwandan troops.

The UN yesterday evening repeated its reports of "fighting between different factions of former members of the Armed Forces of the Democratic Republic of the Congo." MONUC however announced it had sent a mainly military team to carry out a four- day investigation in the area.

Meanwhile, in the areas of North Kivu affected by the new fighting, a new humanitarian crisis seems to be developing. First reports from aid workers in the area indicate that around 35,000 civilians have been displaced by the fighting. There is no sign of a possible quick return.

By staff writer

J$ O afrol News

This article was found at the online version of afrol News: www.afrol.com mge- Back to article PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX G

Article, Afro1 News Online, "Burundians flee for Rwanda, citing violence", dated 11 March 2004 afrol News - Burundians flee for Rwanda, citing violence Page 2 of 2

- - settlement near Gikonko in Butare province, southern Rwanda. For better protection and assistance, UNHCR is planning to move them soon to a camp at Nyamure, home to 3,000 Burundian refugees who arrived last year.

Another 1,000 who fled Burundi for Rwanda last year have since returned home. Despite an end to most of fighting in Burundi, returns to the northern provinces of Burundi have slowed down in the past few months. Local UNCHR staff mostly have attributed this to the current famine in that area.

- UNHCR is concerned that the worsening food shortage and reported rise in tensions in northern Burundi may negatively affect the return home of many Burundians, said Mr Redmond. He noted that the refugee agency repatriated more than 90,000 Burundians last year.

The UN agency further expected to help another 150,000return home from Tanzania this year. There are at least 400,000 Burundian refugees in Tanzania, 250,000 of whom are in camps.

By staff writer

O afrol News

This article was found at the online version of afrol News: www.afrol.com

&i&&&rtont pa* - Back to article PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX H

allAfrica.com news report, Africa 2004 allAfXca.com:Rwanda: Rural Killings Rock Rwanda PageF& o r 4*

Use our pulldown menus to find more stories 1- RegiondCQuntries -- % [- Topics - -%

Rural Killings Rock Rwanda Central Africa The Monitor (Kampala) Email This I Rwanda January 14,2004 Crime and Corruption Posted to the web January 14,2004 Print This P Nasra Bishumba QiJThe PL Kigali

The Rwandan Cabinet is meeting to discuss the killing of sevet survivors around the country.

The meeting, which will discuss other issues as well, comes af Senate accused government of responding late to the killings. Ads by Google At least four genocide survivors were tortured to death in Gikongoro province, in the south of -Providing medicine the country, in recent days. 8 supplies. Healthy people. Better Authorities suspect that the murders are aimed world. www.direcbellef.org at eliminating the 1994 genocide survivors who might give testimonies against some of its perpetrators when hearings in village courts take off. lYmLtQ hw.umHl The courts, called Gacaca, were established to try some of the We'll help you find involved in the genocide and to reduce the congestion in Rwar an opportunity for whatever you like The vice president of the Senate, Mr Prosper Higiro, said there doing, today1 various reports of harassment of genocide survivors in Cyang~ vmw.Vohm~atch.org and Gitarama provinces.

"It's a shame that we still have to go through all this," one sena

mam Rwanda's Prime Minister, Mr Berr -& Relevant Links Students plan appeared before the Senate and ! run a business. Central Africa government has beefed up securi Real world, hands- Rwanda areas. on learning. w.Biiorld.org Crime and Corruption Makuza said police are holding m suspects.

------Help ensure a - Make allAfrica.com your home page future for America's wildlife. www.nwf.orglsupport Top I Site Fran~als1 Slte Guide 1 Who We Are I Advertlslng I Qs~hacrib .. .. t - alUfkica.com: Rwanda: Rural Killings Rock Rwanda Page 2 $30-o 2.

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BlogAfrica Special Reports Photo Essays Internet Gateway From allAfrica's Reporters Content Providers PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX I

Article, Knight Ridder Newspapers, "Witnesses to Rwanda genocide intimidated, slain", dated 6 April 2004 Witnesses to Rwanda genocide intimidated, slain Page 1 of 2 .- . -/

Posted on Tue, Apr. 06, 2004

Witnesses to Rwanda genocide intimidated, slain

~y Sudarsan Raghavan Knight Rldder Newspapers

NKONGI, Rwanda - Someone hacked Francois Selamuka to death with eight blows from a machete last week and dumped his body on his small farm as a warning to his family.

As Rwandans mark the 10th anniversary of the genocide that slaughtered an estimated 800,000 Tutsis and moderate Hutus, Selamuka's murder was a grisly reminder of the past that haunts this central African country's search for justice.

Ten years ago, as Hutu extremists were butchering Tutsis, Selamuka hid a Tutsi girl in his house and protected her from his neighbors. His daughter, Jocelyn Nyirasagani, said he'd pledged to testify against them.

rCI r "He had enemies," she said.

In recent months, more than 20 would-be witnesses at village tribunals have been killed, including one man who was dismembered in front of his family, according to Ibuka, the nation's largest genocide survivors group. Scores more have been harassed and intimidated.

Rwandan officials say these are isolated cases, but they worry that they could spark a collective fear that could bog down the effort to dispense justice.

"It has sent a very bad signal to the victims and survivors," said Anastase Balinga, a senior official with Rwanda's Gacaca commission. Gacaca are the local tribunals that hear most of Rwanda's genocide accusations, and they're overwhelmed.

The government has completed two of three pnases in the local trials in only 8 percent of the country. More than 54,000 people have been accused, and international experts think there could be as many as 600,000.

"What country could cope?" asked Klaas de Jonge, a gacaca researcher for Penal Reform International, a nonprofit agency.

Rural communities traditionally have used gacaca - which means "grass justice" in Kinyarwanda, the national language - pz to solve disputes in informal, open-air tribunals. Anyone can speak out against or in favor of those charged. The accused can defend themselves, confess or seek forgiveness. A 19-member panel of locally elected judges will hand out sentences, ranging from community service to 25-year prison terms. The worst perpetrators could receive life in prison.

The truth can be elusive. In the hamlet of Nyarufunzo, 10 miles outside the capital, Kigali, some 80 villagers gathered in pouring rain to find out who killed a Tutsi man named Nyagasaza in 1994.

The chief suspect was Jean Claude Gasasira, 38, who confessed in an interview that he was among a gang of 11 Hutus who went from door to door slaughtering people, including four boyhood friends he dispatched with swift machete blows to their necks.

"They were begging for forgiveness," he said in a dull, emotionless voice. "There was nothing Ifelt at that time. Iwas ordered to kill them."

But he didn't murder Nyagasaza, he told the tribunal after a woman accused him. He'd seen him but didn't kill him. The villagers believed hlm. After all, he'd confessed to four murders. Why not a fifth, unless he were innocent?

Villager after villager rose to try to shed information on Nyagasaza's murder. After more than an hour of testimonies, however, no one knew the killer. Witnesses to Rwanda genocide intimidated, slain - -

Gasasira later provided an explanation. Two killers in his Hutu gang were sitting in the gacaca, listening to the witnesses. ' They'd never been caught. And no one wanted to testify against them. PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX J

Report of the Government bi-weekly newspaper, The New Times, dated 12 January 2004, reporting on the flight of genocide survivors from Gikongoro province Abdoulaye Seye To: nOTP - Gikongoro Team cc: nOTP Staff 011131200408:48 Subject: RWANDA: Genocide survivors flee province over killings

-Forwarded by Abdoulaye SeyeIlCTRRINO on 0111312004 0854 AM --

To: Abdoulaye SEYE CC: Subject: RWANDA: Genoclde survivors flee province over killings 01/12/2004 05:59 PM

RWANDA: Genocide survivors flee province over killings KIGALI, 12 January (IRIN) - Several genocide SU~V~VO~Shave fled Rwanda's southwestern province of Gikongoro for fear of becoming targets of killings that have rocked the area lately, a government bi-weekly newspaper, The New Times, reported on Monday. The newspaper quoted a member of the Rwandan Senate, Stanley Safari, as saying that seven survivors of the 1994 genocide had sought refugee in other parts of the country due to intimidation and murder attempts. "This is a clear indication of lack of prevention of the crime in the province," Safari was quoted as saying. "It is appalling that even now people are being hunted down to be killed." Four genocide survivors were reported to have been killed in Gikongoro in December 2003 by an alleged a gang of genocide suspects in order to prevent the survivors from testifying in the Gacaca justice system, introduced in the country in 2001. The Senate has accused government of being reluctant to stop the intimidation and the killings, claiming that some grassroots leaders were involved in the acts. However, Prime Minister Bernard Makuza told the senators last week that the country's security organs had arrested 25 suspects in connection with the killings. He said some of the suspects would be charged in law courts before the end of January. An umbrella organisation for survivors of genocide, known as IBUKA, reported in December 2003 that its member6 were killed in Gikongoro after they showed interest in testifying in the Gacaca courta. The Gacaca justice system, based on traditional village courts, was introduced to speed up trials for an estimated 85,000 suspects held in the nationts prisons, in connection with the genocide that claimed the lives of at least 800,000 people.

[This Item is Delivered to the nAfrica-BnglishnService of the UNts IRIN humanitarian information unit, but may not necessarily reflect the views of the United Nations. For further information, free subecriptione, or to change your keywords, contact e-mail: [email protected] or Web: http://www.irinnews.org . If you re-print, copy, archive or re-post thie item, please retain this credit and dieclaimer. Reposting by commercial sites requires written IRIN permission.] Copyright (c) UN Office for the Coordination of Humanitarian Affairs 2004 To make changes to or cancel your subscription visit: http://wrrw.irinnews.org/mbscriptions # Subscriber: [email protected] Keyword : RWANDA UNITED NATIONS Office for the Coordination of Humanitarian Affairs (OCHA) Integrated Regional Information Network (IRIN) PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX K

BBC News Online, "Genocide witnesses 'being killed'", dated 16 December 2003 . BBC NEWS I World I Africa I Genocide witnesses 'being killed' v

Genocide witnesses 'being killed'

The Rwandan Government has been urged to halt the murder and intimidation of potential witnesses to the genocide in 1994 during which 800,000 people died.

An organisation representing survivors of the genocide, Ibuka, says a number of people have been killed this year.

Spokesman Benoit Kaboyi says witnesses are being silenced in an attempt to undermine a rural justice system introduced in Rwanda 18 months ago.

Gacaca courts are meant to clear the backlog of pending genocide trials.

Targeted

Ibuka said one or two genocide survivors are killed every month but it says three potential witnesses were killed recently in the south west province Gikongoro.

Ibuka says in the most recent case a man was killed and dismembered. in front of his family as a warning to other potential witnesses.

''The ultimate reasons behind the killings is to block and scare away genocide survivors from testifying in gacaca courts," lbuka said.

"These killings are well planned and are targeting one section of people with an intention of keeping their lips shut."

Police spokesman Damas Gatare has told the BBC that two murders had occurred in Gikongoro, but he said these were isolated cases and denied that there was an increase in threats to witnesses since the start of Gacaca trials.

He said a number of suspects had been detained in connection with the murders.

Some 100,000 suspects have still to go on trial, accused of participating in the killings of Tutsis and moderate Hutus over 100 days in 1994.

Officials in Rwanda say that the gacaca system will be expanded across Rwanda next year

Story from BBC NEWS: http://news.bbc.co.uk/go/pr/fr/-/l/hi/world/africa/332487l.stm

Published: 2003/12/16 14:23:14 GMT _ - BBC,I NEWS I World Africa 1 Genocide witnesses 'being killed'

@ BKMMV PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX L

Article, AfricaBlog, "Hiding the Truth", dated 16 December 2003 AfricaBlog: Hiding the Truth Archives

MARCH 2005 Sun Mon Tue Wed Thu Fri Sat -12 345 TO 7 8 9 10 11 CONTRIBUTORS 6 12 AFRICABLOG 13 14 15 16 17 18 19 u Liberia's New Bia Problem ) Main I S~inninaHard 20 21 22 23 24 25 26 Nathan Deb Yoder 27 28 29 30 31 Velociman --IB Bill December 16,2003 Zombvbov SEARCH Hiding the Truth ABOUT AFRICABLOG ;earth this site: Purpose In Rwanda, survivors and witnesses to Submissions Guidelines the attempted genocide of 1994, are Search ( being systematically harassed and Contact Us At killed. af ricablog-at- "" "...... " _ ...... resurrectionsong.corn ARC HIVES lbuka [an organization SUPPORTERS March 2005 representin survivors] said one or Februa 2005 two genocif e survivors are killed Janua rv2005 , every month but it says three ~eptemh004 i potential witnesses were killed Au ust 2004 t recently in the south west province * I Gikongoro. une 2004 I f lbuka says in the most recent f case a man was killed and Eebw2004 j dismembered in front of his family Jan a 2004 f as a warning to other potential ~2003 f witnesses. November 2003 October 2003 I Smtember 2003 1 'The ultimate reasons behind the Au ust 2003 f killings is to block and scare away * I genocide survivors from testifying 1 in gacaca courts,' lbuka said. RECENT ENTRIES lntri uin Use of Technolo &~ust So Stvl~sh1 %se In a country where 800,000 died in Dmroo,s Killed Toao in the News racial purges, finding a way to mete Disablina Comments out justice is not just in Rwanda's best Nce to Be Back Toao is About to Get Interesting interest, but in the UN's inlerest as Where Slaverv 'Still Thr~ves well. The UN was founded partially as Now Takina Bets Must Read of thheeDg a need to avert just this kind of racial violence and should be taking a direct free hit counter interest in facilitating the regional "gacaca" courts to, hopefully, ensure RSS Feeds fair trials and protection for survivors. mncanlog: malng the 'l'ruth Archives

RSS 1.0 While it took only 100 days to kill those RSS 2.0 800,000, it's ending up taking years to try the suspects in the killings. According to the article, around 100,000 are still awaiting trial. That it's taking so long to try the suspects is not necessarily a bad thing--it may indicate a serious attitude towards trials. That it's allowing time for survivors and witnesses to be bullied and killed is, however, unacceptable.

The UN role in setting up international tribunals for those who had the most responsibility in the purges is fine. Unfortunately, hampered by the Rwanda's reluctance to assist, the UN International Criminal Tribunal for Rwanda (ICTR) doesn't even foresee a completion of its own trials (of some 82 mostly government and military officials) for charges of genocide until 2008. The repoit from the International Crisis Group is grim.

The cold reality is that the ICTR needs to be a good deal more efficient in handling trials. Among other things, it should maintain its priority of 'udging the main suspects lrorn the army and 1994 government, whose trials have been set to begin in the last three months of 2003. It will only be possible to wrap up the initial proceedings within four to five years if the court vigorously reforms how its judges conduct the trials and if it refuses to start any new genocide investi ations. The new president jud e.bk Mose, who presented a a~nal four-year trial calendar to the UN General Assembly for the first time, shows a welcome sense of responsibility. The judges and the court must prove their total commitment to this process. Reform of the registry's management of defence costs has also become vital.

There is one further issue. A year ago, the Rwandan government provoked a serious crisis in its difficult relationship with the court when it prevented the travel of witnesses whose presence was required for cases to proceed because it objected to the prosecutor's inquiries into war crimes presumed to have been committed by the RPA In 1994. The formal suspension of Carla del la* AfricaBlog: Hiding the Truth Archives Page- 3 of 4

Ponte's investigations in September 2002 and the establishment of a U.S.-sponsored deal behveen the prosecutor's office and the Rwandan authorities seemed to have improved the situation. At a tripartite meeting in Washington in May 2003 an agreement was reached in principle whereby Kigali would take responsibility for the trials, and the ICTR would only intervene if Rwanda was unable to carry them out satisfactorily. However, the ejection of Carla del Ponte from the prosecutor's seat following the Security Council decision to separate the ICTR and the International Criminal Tribunal for the former Yugoslavia (ICTY) means that there will probably never be a trial of the RPA in Arusha. This triumph of pragmatism, however, does not absolve the prosecutor's office of ts responsibilities.

Rwanda is proving to be unreliable and, most certainly, 'unable to carry [the trials] out satisfactorily." The UN needs, at this point, to take a much stronger tine with the government and step in where necessary. It is best for Rwanda if the situation is handled by their government; what is not acceptable, though, is the thought that those guilty may escape justice by committing further acts of violence.

While the ICTR is overburdened, the UN cannot escape the responsibilities that it has as the international organization overseeing the events in Rwanda.

Read the BBC storv. -Read the International Crisis Grow --repa Thanks to Andv of World Wide Rant for the tip.

Posted by zornbyboy at December 16, 2003 03:21 PM

Yea, it seems perverse. Survived the genocide, killed during the AfricaBlog: Hiding the Truth Archives

'reconciliation.'

One slight semantic note: what happened in Rwanda was a genocide, not an attempted genocide.

(Genocide doesn't necessarily mean the elimination of every member of a people. If it did, then the Holocaust wouldn't have been one)

Posted by: matDecember 19,2003 02:45 PM

Point well taken. Thanks.

Posted by: z_~m.bybgyat December 21, 2003 1 1 :41 AM PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX M

Press Report, Agence France Press (AFP), dated 14 October 2003 Relieweb: Burundi rebels decapitate local official Page 1 -, --:

Source: Agence France-Presse (AFP) Date: 14 Oct 2003 Burundi rebels decapitate local official

BUJUMBURA, Oct 14 (AFP) - Rebels rampaging in the strife-tom central African state of Burundi have decapitated a local government official, a provincial governor said Tuesday.

The news of the attack came as the Burundi army accused the main Hutu rebel movement in Burundi, the Forces for the Defence of Democracy OD),of failing to respect a ceasefire in the country where a civil war has claimed more 300,000 lives since 1993.

The attackers belonging to the Hutu ethnic group had killed the victim late Monday night at a community some 70 kilometres (40 miles) north of the capital Bujumbura, said Benoit Ntigurirwa, governor of the province of Cibitoke.

"The headman at Bukorokoro Hill was killed yesterday about 11 pm (2100 GMT) during an attack led by rebels of the FDD," he told AFP by telephone.

The victim had been "decapitated by rebels and several households were looted," the Burundi army press service confirmed.

A separate FDD group was also alleged to have attacked another community at Buseruko, also in Cibitoke province, late Monday.

The local govemor said the aim of attacks in the area was to seize food, money and clothes.

Marnadou Bah, representing the African Union in Burundi, said 32 tomes of food had been sent to rebels in the east of the country Tuesday to tiy to stop them marauding.

Six civilians and a policeman were killed in Bujumbura in the latest attack blamed on another Hutu group, the National Liberation Forces (FNL), according to an official toll Tuesday.

After Monday's attack, police had reported that one of their officers and one civilian had died in an exchange of gunfire which prompted 10,000 frightened civilians to flee the capital's Kinama district.

"This morning we found six bodies of people identified as local civilians," Kinama mayor Berchans Nsabimana said.

The FNL denied any involvement, saying rival groups, including the FDD, had staged the incident to smear the FNL. . - - ReliefWeb: Burundi rebels decapitate local official - \.

I. Meanwhile, the army said Tuesday FDD was failing to respect hlly an appeal to end hostilities that have dogged the small central Afican state for 10 years. ..

Despite itself participating in a joint appeal last week for a ceasefire, the FDD continued attacks, the army said.

"The appeal has not been totally respected," said army spokesman Augustin Nzabarnpema: "Hostilities between the army and the FDD have lowered in intensity since the signature of the agreement in Pretoria, but the effects have not yet been felt by the population."

Burundi's transitional government and the FDD agreed in Pretoria last week to abide by a ceasefire originally signed in December.

Burundi President Domitien Ndayizeye and FDD leader Pierre Nkurumiza launched the ceasefire appeal after signing a peace accord that foresees military and political power sharing.

But excesses continued against the civilian population, said Nzabampema: "Theft, looting and targeted assassinations have not ended."

A senior army official said the FDD was no longer picxkiug on army targets, but carrying out raids on civilians.

A local human rights organisation called Iteka claimed Tuesday that the two main Hutu insurgencies, the FDD and the FNL, had killed more than 15 local government officials in the first half of this year for collaborating with the army.

esdddtxw AFP 142 133 GMT 10 03

Copyright (c) 2003 Agence France-Presse Received by NewsEdge Insight: 10/14/2OO3 17:35:23

OAFP: The information provided in this product is for personal use only. None of it may be reproduced in any form whatsoever without the express permission of Agence France-Presse.

With the exception of public UN sources, reproduction or redistribution of the above text, in whole, part or in any form, requires the prior consent of the original source.

Related Documents: Latest Emergency Updates: Great Lakes (Burundi; DR Conao: Kenva: Rwanda: Tanzania; Uaanda) Latest By Country: Burundi Other ReliefWeb documents by: Aaence France-Presse (AFP) Source URL: htt~://~w~.af~.COm

Home Page: www.reliefweb.int Email: [email protected] PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX N

Press Report, Agence France Press (AFP), dated 14 October 2003 C Reliefweb: Rebel attack toll climbs to seven in Burundi - .-,

Copyright (c) 2003 Agence France-Presse Received by NewsEdge Insight: 1011 4/2OO3 1 1 :12: 16

OAFP: The information provided in this product is for personal use only. None of it may be reproduced in any form whatsoever without the express permission of Agence France-Presse.

~ ~~ ~ -- - With the exception of public UN sources, reproduction or redistribution of the above text, in whole, part or in any form, requires the prior consent of the original source.

Related Documents: Latest Emergency Updates: Great Lakes (Burundi: DR Conno: Kenva: Rwanda: Tanzania: Uaanda) Latest By Country: Burundi Other RelleANeb documents by: Aaence France-Presse (AFP) Source URL: htt~:/lww~.af~.~~m

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ANNEX 0

Press Report, Agence France Press (AFP), dated 13 October 2003 - Reliefweb: Policeman, civilian killed in Bmdigunf~ght Pge1Sct7, 32 p.-& -..., -.

Source: Agence France-Presse (AFP) Date: 13 Oct 2003 Policeman, civilian killed in Burundi gunfight

BUJUMBURA, Oct 13 (AFP) - A civilian and a policeman died in an attack Monday by members of the rebel group the National Liberation Forces (FNL) in the capital of the war-torn African republic of Burundi, police said.

Officials said gunmen believed to be members of the FNL had opened fire on two police patrolling in the Kinama district.

One was killed and the other wounded.

"A civilian was also killed in the following gunfight between FNL and soldiers who anived on the scene," said a local government official.

' Thousands of frightened residents took refuge in neighbouring districts during the half-hour shootout. .The FNL is a rebel movement of the Hutu ethnic group, rivals of the Tutsis. Three of four Hntu rebel movements have signed ceasefue agreements with the current interim government, but the FNL, the country's second biggest rebel movement, has refhied to negotiate with it.

Some 300,000 have people died in Burundi in almost 10 years of civil war.

Two small ex-rebel movements have joined transitional administrative organs, but the ceasefire agreement has not been respected, although signed by the main Burundi rebel movement, Forces for the Defence of Democracy.

President Domitien Ndayizeye and FDD chief Pierre Nkurunziza last week signed a political and military power-sharing accord.

Copyright (c) 2003 Agence France-Presse Received by NewsEdge Insight: 10/13/2003l6:02:49

OAFP: The information provided in this product is for personal use only. None of it may be reproduced in any form whatsoever without the express permission of Agence France-Presse.

With the exception of public UN sources, reproduction or redistribution of the above text, in whole, part or in any form, requires the prior consent of the original source. ReliefWeb: Policeman, civilian killed in Burundi gunfight -.... .

Related Documents: Latest Emergency Updates: Great Lakes Ekmndi; DR Conao: Kenya; Rwanda; Tanzania; Uaanda) Latest By Country: Burundi Other ReliefWeb documents by: Aoence France-Presse (AFP) Source URL: htt~:l/www.afP.com

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ANNEX P

Report by UN Office for the Coordination of Humanitarian Affairs, dated 3 June 2003 Source: UN Office for the Coordination of Humanitarian Affairs (OCHA) Date: 3 Jon 2003 Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review May 2003

1. OVERVIEW / EXECUTIVE SUMMARY

There has been significant progress in the implementation of the &ha Peace and Reconciliation Accords, marked by the signature of various peace agreements and, most recently, the smooth transition in presidential power on 1 May. However, these positive developments, have not translated into tangible peace on the ground to allow for expanded humanitarian activities. On the contrary, the civilian population has continued to bear the brunt of this war, The humanitarian community has thus been forced to constantly re-evaluate their plans and approaches to factor in these ever- changing scenarios.

2. THE EXTERNAL ENVIRONMENT: EFFECTS ON THE HUMANITARIAN AND HUMAN RIGHTS PROGRAMME

Ten years of civil war have taken its toll on Burundi's social and economic infixstructure, compounded by recurrent drought, and subsequent crop failure. Late rains during the first season of 2003 resulted in a higher number of food insecure households. The delay of rains for the second season will place the next, and main, harvest in danger. Widespread food insecurity and chronic malnutrition has become the norm in areas of insecurity. Some 60% of Burundians continue to live well below the poverty line.

In February 2003, the security situation throughout the count^^ deteriorated, spilling into the north-eastern region of the country for the second time in nine months. At the end of April, shelling by the rebel group CNDDFDD iritensified in Makamba, Ruyigi, Gitega and the capital, Bujumbura. Conflict aggravated population displacements, disrupted economic activity, food production, and destroyed many homes and public facilities.

Insecurity hindered access for humanitarian actors, notably in Ruyigi, Makamba and Gitega provinces. Excluding the 28 1,000 displaced in permanent sites, 100,000 people are temporarily displaced every month. Many seek assistance and protection in civic buildings or among host families. Their displacement can last days, weeks, months, even years. Full-scale repatriation of Burundian refugees fiom the camps in Tanzania continued to be unlikely. There are however, increasing numbers of spontaneous returnees. Many remained unaccounted for as they disperse among local communities. The Tripartite Commission continues to discuss preparedness of their eventual return. Relieweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review .-- -

4-.. -" In the last quarter of 2002 political negotiations resulted in a ceasefire agreement with : two armed oppositions groups CNDD/FDD (Jean Bosco) and FNL (Alain +- Mugabarabona). On 2 December, discussions between the TNGoB and WD/FDD (Piene Nkurunziza) resulted in another ceasefire. Negotiations with the FNL (Agaton Rwwasa) continue. FNL remain the only rebel faction outside the formal process.

In its Inter-Agency (UN and NGO) Contingency Planning sessions, the humanitarian cornmunjty identified and reaffmed the Most-Likely Scenarios as per the Consolidated Appeals Process (CAP) 2003.

Most Likely Scenario - Status Quo

Political negotiations stall or are drawn out longer than anticipated. A partial ceasefire is achieved with some factions of the armed opposition groups. Insecurity prevails, resulting from the isolation of the remaining armed opposition groups. Fighting between military and armed opposition groups hampers access to vulnerable populations and the deliveq of assistance. Handover of the presidency to a Hutu president occurs as scheduled in May. The return of refugees from Tanzania continues. Limited disbursement of development funds promised by donors in Paris and Geneva A continuing degradation of the socio-economic situation with increasing social tension.

In preparing its response to this scenario, humanitarian actors focused on the overall aim of preserving lives, promoting the well-being of communities, particularly vulnerable populations (children, women, Internally Displaced Persons PPs], dispersed persons, refbgees and returnees) through an integrated and common Appeal, in coordination with the Transitional National Government, national and international NGOs, donors and the civil society in Burundi.

The main changes since the publication of the CAP 2003 are:

Political progress

President Buyoya stepped down on 1 May, and handed over power to his Vice- President Mr. Domitien Ndayizeye. On 28 March, armed oppositions UPRONA and FRODEBU) concluded an agreement in Pretoria setting out some of the key tasks to be accomplished during the second period of the transition. The Burundi army, has come out in support of these developments and declared, that the army had no intention of interfering with the transfer of power and stressed that the military was under the total control of the president who was the commander-in-chief regardless of political affiliations.

Ceasefie agreements

The ceasefire agreements signed on 7 October and 2 December 2002 between the Refieweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page 32f 13

.-5 - ,2, TNGoB and the three armed-movements had engendered high expectations among ; Burundians. Two of the signatories, Mr. Jean-Bosco Ndayikengurikiye (CNDD- FDD) and Mr. Alain Mugabarabona (PALIPEHUTU-FNL) returned to Burundi on 13 February. The slow pace of implementing the ceasefire agreements, combined with continued attacks and delays in the negotiations with the CNDD-FDD (Nkurunziza), has resulted in a sense of ktration and nervousness among the general population.

Important steps are nonetheless being taken to facilitate the implementation of the ceasehe agreements. The Central Organ of the Mechanism for Conflict Prevention, Management and Resolution of the African Union (AU) approved on 3 February the deployment of the Afiican Mission (AM) with troops fiorn South fica, Ethiopia and Mozambique as well as military observers hmTunisia, Gabon, Togo, Burkina Faso and Mali. The observers arrived in February and March and are now deployed in Makamba, Bubanza, Gitega and Ruyigi. An additional 130 South African soldiers arrived in Bujumbura in late May, although the actual timing for deployment remains uncertain.

Worsening security situation and displacement of population

The level and fhquency of conf?ontations between the army and the CNDD-FDD (Nkmmiza) in Kayanza, Gitega, Bururi, Ruyigi, Makamba, Ruyigi and Bubanza have increased. The security and military situation in these provinces has deteriorated.

Acts of banditry, robbery and murder are on the rise in Bujumbura Mairie. Armed groups of PALIPEHUTU-FNL (Rw,wa) are reportedly active in the northern and southern districts of Bujumbura town, particularly in Kinama, Karnenge, Cibitoke, Buterere and Kanyosha districts. FNL: stand accused by local inhabitants of perpetrating abductions and assassinations, and targeted reprisals against local administrators. Several attacks against military positions in Bujumbura Rural have also taken place.

In mid-April CNDD-FDD (Nkurunziza) bombed Bujumbura town for three-days consecutively. Simultaneous attacks upon Makamba, Gitega and Ruyigi provinces resulted in the evacuation adordownscaling of numerous international NGOs. The operational void in these provinces is of particular concern, although not entirely unexpected by local authorities given the uncertainty surround the "handover" period.

Economic situation

Since 1992, Burundi has experienced a deep recession characterised by the drop in the Gross Domestic Product (GDP) per capita of close to 30%, high inflation, steady decrease in the level of foreign currency reserves (less than a month of imports), as well as an accumulation of external public debt. In order to address these economic difficulties, the NTGoB is in the process of initiating sectoral policy reforms in the various ministries, which interact with and emanate fiom the Arusha Agreement, and as part of its general programme and Interim Strategic Framework for the Reduction of Poverty.

The International Monetary Fund (IMF) and World Bank maintain dialogue, and Relieweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page 4 of 13

financial support, with the TNGoB. . -

3. PROGRAMME IMPLEMENTATION / SECTOR REVIEW

3.1 Agriculture and Food Security

Key objectives in the sector included supporting rapid recovery of basic production means and capacities of rural populations thereby reducing their dependence on food aid. Efforts in developing basic production capacities are continuously hampered by ongoing insecurity and looting of seeds and planting material resulting in missed planting opportunities delays recovery and stabilisation of food production. Food security situation therefore remains very precarious and hgile.

Objectives remained globally unchanged even though the number of targeted families estimated at 180,000 in the CA has been already raised up to 280,000 (This new objective was mentioned in the separate alert note released at the time of CAP 2003 launch in November 2002).

Besides the direct distribution programme, seed rehabilitation multiplication schemes are fblly operational and Quality Declared Seeds of potato, haricot bean, rice, maize, soybean and groundnut are currently under production. Coordination of Agriculture Emergency Operations though the Agriculture Coordination Cormnittee, comprising Non-Govenunental Organisations (NGOs), UN agencies, Donors and Administration has continued. Early Warning System (EWS)and food security surveillance mechanism has been strengthened and now covers 10 provinces out of 17 with new NGO partners. Nine monthly bulletins have been published.

The following constraints have been identij?edfor the success of the operations: access to people, as in Ruyigi, targeting remains a difficult and therefore paidid process, inaccurate or questioned targeting has been the main source of tension and troubles during distribution and finally late financial pledges received from donors who do not take into account the constraints of the cropping calendar.

Under CAP 2003 (As per April), Food and Agriculture Organization (FAO) has been funded up to 49% (including pledges to be confirmed).

3.2 Food

Key objectives in the sector, which remained unchanged, included the prevention of hunger and malnutrition of the most vulnerable populations by ensuring access to life-sustaining food resources.

Despite efforts to promote self-reliance in food security, emergency needs do continue and are met through targeted fwd distribution. Through its emergency assistance and rehabilitation and recovery programmes, World Food Programme (WFP) has distributed 15,205 MTs of food to 1,285,534 during the first quarter. In addition, needs have increased in the past months due to delays in response and additional hardship due to climatic conditions. WFP food distribution during this first quarter has had a positive impact on atrected populations as the number of malnutrition cases could be stabilised or even improved. Distribution of seeds protection rations (SPR) in provinces with high risk in food insecurity over &iod of ' food shortage will secure agricultural season 2003B and, weather conditions n - permitting, a possible increase in agricdtural production. WFP pledges are reflected through the regional appeal for the Great Lakes.

Constraints encountered included problems linked to pipeline stack and insecurity. Over the coming months, WFP will focus on providing emergency assistance to affected populations due to climatic crisis as well as support activities aimed at recovery of the production systems and reintegration of affected populations (returnees, displaced).

3.3 Health (General)

Key objectives in the sector are tbe reduction of mortality and impmvement of overall health of the most vulnerable by ensuring access to quality curative and preventive health services, improving response to epidemics and strengthening coordination.

World Health Organization (WHO)with the Ministry of Public Health (MoPH) and various partners (Donors and NGOs), succeeded to fight rapidly the latest meningitis outbreak at the end of last year and beginning 2003.

WHO and United Nations Children's Fund (UNICEF)supported the Ministry of Health (MoH) in order to control the cholera outbreak in Nyanza lac and Rumonge areas througd the support to on-field partners such as International Rescue Committee (IRC).

The Ministry of Health, WHO, UNICEF and NGO partners managed to respond to the increase in malaria cases during an epidemic at the end of last year in five provinces. The malaria epidemic has been well monitored and the trend remains concerning, but under control throughout the country. It remains urgent to support the MoPH in the implementation of the new Malaria treatment protocol. In order to continue to combat mortality due to malaria in the country, UNICEF and the NGO MCdecins Sans Frontihres (MSF)intend to purchase 1,350,000 doses treatment to respond to the enormous needs. As the treatment is expensive, all cases will be confirmed by a rapid diagnostic tests before the provision of drugs. UNICEF also intends to distribute 400,000 mosquito nets for the protection of 200,000 pregnant women and their children.

The ability for health services to fully function remains affected by the lack of access and chaotic security (Ruyigi, Kayanza, and Bujumbura Rural provinces), leading to a decrease of a qualified staff presence in health structures. The humanitarian community expressed at various opportunities its concerns regarding the administrative constraints imposed by the Ministry of Health (MoH) on drug importation by International NGOs (INGOs).

WHO received support to reinforce the coordination and epidemiological surveillance activities in Burundi for a year. An emergency public health coordinator was posted and coordination meetings are held twice a month thus facilitating the exchange of health related information and discussion of common concerns. Relieweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page 6 of 13

Health (Nutnition) .? -.

The key objectives in the sector included strengthening national capacities in addressing acute malnutrition problems by integrating a nutrition programme within the national health system and developing a national strategy for nutritional education as well as reducing chronic malnutrition rates by setting up an EWS and maintaining a quick response capacity.

In line of CAP objectives, UNICEF, with its implementation partners, has carried out a survey on matemal and infants care and set up a nutrition community-based strategy for the decentralisation of nutritionai activities. The 25 Therapeutic Feeding Centres (TFC) for the severely malnourished and the 225 Supplementary Feeding Centres (SFC) are continued supported by WFP and UNICEF. UNICEF distributed 159.7 MTs of therapeutic milk since January.

Poor security has continued to hamper the activities and follow up. UNICEF will provide in the coming months a follow up and finalisation of the report on maternal and infant care practices survey; it has been also decided to conduct workshops on adoption of NAC strategy and feed back on surveys re maternal and infant care practices and anaemia. Continued support will be given to the coordination of the sector and all centres, providing essential lifesaving therapeutic food products for all the TFCs and technical support 1non-food item assistance for both the TFCs and SFCs in the country.

3.4 Human Immune-deficiency Virus / Acquired Immune-Deficiency Syndrome (HIV/AIDS)

Change of objectives due to the change of the situation

The most outstanding change has been the increase of rape cases, particularly in regions of emergency, such as Ruyigi, Kayanza, Gitega, Bujumbura Rural provinces. Concerned by the situation facing women and girls in conflict areas such as Ruyigi and Bujumbura Rural, UNICEF organised, in collaboration with the MoH and United Nations Population Fund (UNFPA), a workshop on 4 April in the framework of its HIVIAIDS programme. A plan of action to support victims of rape was elaborated within the workshop - including prevention, medical / psychosocial case management and judicial assistance. Also within the workshop, 60 persons fiom NWs and the public sector were trained to assist victims. Prevention and post exposure kits, including anti retroviral treatment and treatment of Sexually Transmitted Infections (STIs) have been ordered for distributions to health structures.

UMCEF continues to support the elaboration of provincial plans for the prevention of HIVIAIDS and the establishment of community committees. A module on HIVIAIDS was developed and pre-tested during a training of 50 educational officials (including teachers, school directors) in order to increase sensitisation activities in communities.

The World Day for the fight against AIDS was celebrated for the first time at the level of each commune of intervention. Around 200,000 people participated in the reflection, cultural and conference days. The funding was provided directly to Reliefweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page . .

provincial committees for the fight against AIDS. A campaign against discrimination . and stigmatisation, integrating the fight against sexual exploitation and rapes (rights of the girl and woman) will be pursued in the all areas of intervention. Training of teams that will be in charge of counselling of raped women and HIVIAIDS infected will be prioritised.

Within the CAP 2003, UNICEF received US$55,000 in support of its HIVIAIDS programme. A UNFPAIUnited Nations Development Fund for Women (UNFEM) joint project has been submitted to the Belgium Cooperation for funding. A "Health Reproduction" Project for youth and teenagers living in the displaced sites of Makamba started its activities in November 2002.

3.5 Water and Sanitation

The key objectives in the sector include improving the hygiene practices, the access to potable water and to decent sanitation systems, for the most affected populations by the crisis, including returnees and displaced populations. So far UNICEF, in cooperation with partners such as the IRC and the National Office for Hydraulics and Rural Energies (DGHER) provided IDPs with water through water supply by truck in peripheral neighbourhoods of Bujumbura Town and Rural. In addition, support to the implementation of water distriiution system for the refugees reception site of Cibitoke, water supply by truck of the Rumonge hospital and distribution of water products maintenance (aquatabs) to populations have been successllly accomplished. An integrated programme has been launched by UNICEF in Makamba province: UNICEF will provide drinking water to 40,446 people in Makamba Province, among whom are 7,246 IDPs, one health centre and 1,3 15 pupils in 4 primary schools, through the rehabilitation of five gravity-feed water distribution systems. In addition, UNICEF will sensitise 1,186 IDP families on the use of family latrines and increase the hygiene in nine primary schools through sensitisation activities and the rehabilitation of sanitation systems.

Nevertheless, it is essential to note that insecurity in the intervention areas, inadequate funding of planned activities and late disbursement of funding could jeopardise the full capacity for future programme implementation.

3.6 Non-Food Items

The main objectives of providing assistance to refugees, returnees, displaced and vulnerable population remains valid till the end of the year. During this last period, distribution of non food items and shelter has been on going addressing the needs of vulnerable population, covering almost 20,000 families till the month of March, activities coordinated by Catholic Relief Service (CRS). United Nations High Commissioner for Refbgees (UNHCR)has been assisting the refigees located in Muyinga camp and in Cibitoke transit centres, as well as supporting over 15,000 returnees with a non-food item package. UNICEF continues to work in close collaboration with NGOs and local structures to provide assistance to those children and women in a life-threatening situation through the establishment of five decentralised stocks and contingency plans in Ngozi, Makamba, Ruyigi, Cankuzo and Muramvya Since January, UNICEF assisted approximately 7,000 families (35,000 people) through distributions of non-food items in the Provinces of Makamba, Gitega and Bujumbura Rural. UNICEF, in coIIaboration with Office for the Coordination of . - ReliefWeb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page 8 of 1

Humanitarian Affairs (OCHA), Action Aid and the local NGO Maison Shalom, will ~. assist 23,254 households in Ruyigi Province during the month of May.

The main constraint found for delivering the assistance, was the problem of accessibility for displaced population, which often are near the combat areas. CRS will have an emergency stock for 45,000 beneficiaries till the end of the year, with a capacity for delivering non-food assistance to 5,000 vulnerable families per month.

3.7 Education

The United Nations Educational, Scientific, and Cultural Organization (UNESCO) has assisted 10,000 distressed children with school material. To address social reinsertion and reintegration, 875 unschooled children from five provinces will attend vocational schools. Constraints included lack of fimding and insecurity. Priorities for the months ahead are: school materials project, vocational training to 3.000 young dropouts, school reconstruction and rehabilitation project; training to unqualified teachers; emergency assistance to basic education for peace, special emergency assistance to infants (3-6 years) in IDP sites and national action plan for education for all and education mobilisation and sensitisation. In addition, UNICEF is working to put into schools up to 12,000 children (or at a minimum 6,000 girls aged 8-10 years) from war-affected provinces around the country @ujubura Rd,Cankuzo, Makamba and Ruyigi). These are girls who would never normally have the opportunity to go to school.

3.8 Protection / Human Rights

UNICEF conducted consultations in five provinces to disseminate international conventions regarding child protection; partners have been identified. Activities for the identification of partners and advocacy have also been conducted related to the ratification of the Ottawa Convention, additional protocol to the Convention on the Rights of the Child and International Labour Organization (ILO) Convention 182. Modules for different targeted groups have been set up. Whilst impact is difficult to measure, OHCHR has undertaken monitoring of human rights violations. Despite the lack of funding and limited access, Office for the High Commissioner of Human Rights (OHCHR)has conducted training in favour of police bodies, provided judicial assistance as necessary where possible and supervised the forum for human rights associations. The UN Guiding Principles on internal displacement have been translated in Kirundi for widespread knowledgdinformation. OCHA supported the work of the Protection Framework for the Protection of IDPs (CPPD)and expanded the operational capacities of its taskforce (Croupe Technique de Suivi).

UNICEF is supporting the most vulnerable families to protect their children and care for their health and education. Non- food item, school material and high protein biscuit distributions were conducted in close collaboration with NGO partners.

The presence of mines and non-exploded grenades and rockets in approximately 20 communes in the country threatens the civil population, in particular children whose curiosity often makes them the first to pick up those objects. UNICEF continues to support the Department of Civil Protection within the Ministry of Interior to implement prevention campaigns in the most affected areas. Concerning the child Relieweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review PageT~f13 ,-

soldier UNICEF, assisted during the establishment/equipment of a management group including five ministries. UNICEF will continue to support the implementation of the demobilisation phase in the coming months.

Priorities

x Dissemination of international conventions in emergency zones.

x Advocacy in the probibition of violence.

x Set up youth committee, identification of children workers and mobilise resources on the community level and set up a data base; identify 6000 girls aged 8 to 9 years from Ruyigi, Cankuzo, Makamba and Bujumbura Rural provinces and enrol them in schools for the school year 2003-2004, address the violence issue in schools £rom Ruyigi, Cankuzo, Makamba, Bujumbura Rural and Ngozi.

x Reinseaion of street children in Bujumbura Town.

x Continue and Cmalise stuifj. on i'iolerlcc in schools, institutiors and child labour ui Ruylg~aad hgoal pro vlnces.

x Remove child soldiers from Army and rebel factions ranks.

x Promote and protect women rights and do follow up in the field.

x Reinforce judicial assistance for criminal trials to contribute to peace recovery, reconciliation and stability.

Funding Outside the framework of the CAP:

x US$20,000 from ordinary budget; s US$35,000 from UNHCR

3.9 Economic Recovery and Rehabilitation

The only change likely to occur is the disarmament, demobilisation and reintegration of former combatants and their families following the ceasefire implementation. A specific programme of reinsertion is on preparation and beyond the UNICEF initiatives for the reintegration of child soldiers, some formulation missions have been set up and an inter-agency response is expected. The economic reinsertion activities of the demobilised child soldiers remain the same.

UNDP has signed eight new contracts in the framework of the PCACICAUP (UmbrelIa programme). Most of the commitments are directed to food security programmes (6OX), the balance being allocated to water and sanitation (24%), capacity building (12%) and infrastructure (4%). UNDP promoted local planning, diversity, preservation and marketing of food commodities production and income Reliefweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page 10\W'' of 13 .

generating activities; repair and construction of social infrastructure.

Impact on activities: The seminars on participatory planning at national and provincial levels led to a massive involvement of partners through the implications of information and dissemination of programmes, their active participation in some activities. Although security remains a real concern, UNDP intends to extend its activities to other provinces (Phase 4) and to urban areas. In coordination with other partners, PCACICAUP will make the resettlement of returnees, IDPs, socio- economic reinsertion of the families of demobilised combatants, child soldiers, its core activity in the coming period in accordance with the current context.

Funding received but mobilised outside the CAP amounts to approximately US$ 5,500,000.

The revised requirements remain at the same level: US$ 15,000,000

3.10 Security and Logistics

Over the first quarter of 2003, an average of 5 1 agencies and organisations received services from the humanitarian plane managed by WFP. 2,976 humanitarian passengers with a 16,055 kgs cargo transport were helpful for populations in need of assistance through domestic flights throughout the country (seven landing decks).

3.11 Refugees and Returnees

Burundian Refirgees Repatriation Project

The following activities were realised: the construction of 64 reception centres in 9 communes of the repatriation provinces, reception of over 15,000 returnees fiom Tanzania, 8,431 among them received transport, food and non food-items assistance, strengthening capacities of the National Commission for the Rehabilitation of Affected People (CNRS), legal assistance to receiving communities and returnees in Kirundo, Muyinga, Ruyigi and Bururi provinces, support programme to women through the ministry for Social Action in Muyinga Province, rehabilitation of social infrastructure for the reinsertion of pupils returnees and monitoring returnees on their return hilldidentification of reinsertion problems.

UNHCR's priorities remain the following: pursue the repatriation of Burundians to safe areas in the north in security and with dignity, reinforce the legal and monitoring activities, support local initiatives of returnees' reinsertion and provide basic social infi-astructure in the return areas. UNHCR, UNDP and the World Bank have established an Inter-agency Reintegration Unit (Cellule Inter agence de Reinsertion) in order to ensure coordinated planning and programming in areas to which IDPs, refugees and ex-combatants are returning.

Provision of Protection and Care to Refirgees Project

UNHCR and its partners constructed the Cishemeye transit centre in Cibitoke Province for the assistance to Congolese refugees, who arrived hmthe Uvira region in eastern DRC. In addition, UNHCR provided non-food items to refugees on refbgee - -

. Reliefweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review . - - ~ -

sites (Cibitoke, Bujumbura and Muyinga provinces), and supported the strengthening of government capacities for issues related to the protection of refbgees. WFP provided food to the refugees.

The implementation of sites makes easy the assistance provided to refugees and the protection of refugees issues will be addressed in due time by the Government services.

The additional refugee idlux has been assisted with UNHCR's existing resources. This has been augmented by the release of non-food items fiom UNHCR's Regional Emergency Stockpile in Ngara, Tanzania.

Positive future developments in the peace process could allow the majority of the Burundian refugees in Tanzania to return durably. In such an event, UNHCR would launch a special appeal to call upon resources outside the cmtbudget to meet the needs of massive numbers of returnees.

3.12 Coordination

Activities realised

OCHA Burundi supported the UN Humanitarian Coordinator ai. in coordinating the activities of the UN system and international NGOs. The weekly Contact Group meeting brought together UN agencies, donors and NGOs to exchange information and initiate activities, which affect the entire humanitarian community. In addition, coordination at the sectoral and provincial level was organised to ensure that efforts were well planned and feed information into the Contact Group. OCHA Burundi supported the Humanitarian Community by collecting, analysing and disseminating information, maintaining contact with more than 55 international and numerous national NGOs and facilitated coordinated planning (Contingency Planning and the CAP Mid-Year Review).

Inside Burundi, the security situation conhued to deteriorate during the first half of 2003 as a result of ongoing fighting between anned rebel groups and the army, most notably in Bujumbura Rural, Ruyigi, Gitega and Muramvya provinces. Rebel infiltrations in the provinces bordering the Democratic Republic of the Congo @RC) and Tanzania continued.

The intensification of the conflict, particularly in Bujumbura Rural, Gitega and Ruyigi provinces, impeded humanitarian access to pockets of stranded populations in dire need of humanitarian assistance and protection.

The army, whose role is to protect the population, reportedly perpetrated an ever- growing number of human right violations against civilians. The fear and the distrust of the population are increasing as a result. The rebellion has committed a numerous series of attacks against civilian populations.

The situation of the dispersed population is a source of concern for the humanitarian community, and more particularly the UN agencies due to the rapidity of their displacement and the problem of knowing exact number of people in need. . - Relieweb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review Page

OCHA will maintain a dialogue with the military chain of command and local authorities to facilitate humanitarian access. The office team will encourage reflection on IDP rehabilitation and return. It is important to address the protection of lDPs and to contribute to a debate among the humanitarian community on the IDP problematic. Finally, OCHA will facilitate dialogue between the International NGOs and government officials through meetings on humanitarian response. TABLE OF CONTENTS

1. OVERMEW / EXECUTIVE SUMMARY 2. THE EXTERNAL ENVIRONMENT: EFFECTS ON THE I-WIWNTARIAN AND HUMAN RIGHTS PROGRAMME 3. PROGRAMME IMPLEMENTATION / SECTOR REVIEW

H 3.1 Agriculture and Food Security x 3.2 Food x 3.3 Health (General) x 3.4 HIVIAIDS x 3.5 Water and Sanitation x 3.6 Non-Food ltems x 3.7 Education x 3.8 Protection / Human Rights x 3.9 Economic Recovery and Rehabilitation x 3.10 Security and Logistics x 3.1 1 Refugees and Returnees x 3.12 Coordination

4. IMPACT OF FUNDING LEVELS ON HUMANITARIAN PROGRAMMES 5. PRIORITIES TO END 2003 Annex I. Table I.: Summary of Requirements and Contributions - By Appealing Organisations

Note: The full text of this mid-year review is available on-line and may be downloaded in Adobe Acrobat @do fonnat only.

View thMd-Year Review in pdf * format (169 KB)

* Get the -bat Viewer (free)

For additional copies, please contact:

UN Office for the Coordination of Humanitarian Affairs Palais des Nations 8- 14 Avenue de la Paix CH - 121 1 Geneva, Switzerland

Tel.: (41 22) 917.1972 ,Z ' ReliefWeb: Consolidated Inter-Agency Appeal for Burundi 2003: Mid-Year Review

v Fax: (41 22) 917.0368 E-Mail: [email protected]

With the exception of public UN sources, reproduction or redistribution of the above text, In whole, part or in any form, requires tbe prlor consent of the original source.

Related Documents: Latest Emergency Updates: Great Lakes (Burundi: DR Conao: Kenya: Rwanda: Tanzania; U~anda) Latest By Country: Burundi Other ReliefWeb documents by: UN Oflice for the Coordination of Humanitarian Affairs (OCHA) Source URL: htt~://www.reliefweb.int

Home Page: www.reliefweb.int Email: [email protected] PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX Q

Documents produced by Le Petit Chateau, evidencing the number of Rwandan asylum seekers in Belgium, dated 8 June 2002 Petit Chsteau : faits concernant I'asile en Belgique

8 juin 2002

Le Petit Chateau est un centre ouvert pour demandeurs d'asile en phase de recevabilitk, autrement dit qui viennent d'introduire leur demande d'asile. Historiquement, c'est le tout premier centre 2i avoir assurC cette fonction enaBelgique. I1 est encore aujourd'hui, avec ses 640 places, le plus grand centre d'accueil de tout le pays.

Leur site contient un grand nombre &informations et de chiffres concernant les demandeurs d'asile en Belgique. Mcrci a ItDI-3-l hhao - Site realis4 avec \PIP Page 1 of 1

Aanbl rtsielaanvragen per herkornstland en per Jaar in Belgie . Nombre de demandes dtastle en Betgique par pays d'origine et par an. Perlode '88 - aagustud~o(lt2002 Page 1 of 2

pourcentage de reconaalssance de quelques natioaalitb de demandeurs d'asile en Belgiqae pard la d6ciaionr prksea entrc le 01/02/88 et le 31/12/2000 PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX R

Memorandum from the Witness and Victim Support Section, dated 4 September 2002 - International Crimlnal Tribunal for Rwanda : Tdbunal penal International pour le Rwanda --

INTEROFFICE MEMORANDUM -JWM0RAM)UM mmUR To: Silvana Arbia, OIC, Chief of Prosecutions, OTP Date: 4 September 2002

From: . Salcem Vahidy, Chief of WVSS-P subject:' Witness protection and rolling disclosure

I. Per your request and following my memorandum to Trial Chaakr II dated 29 June 2001,I may respond witb thii section's observations regarding witness pmttction and roUing disclosure of unr&ctod witness statamats.

2. The type of protection that the WVSS-Pprovidos is not full protection in the accepted sense of the word, but it has so far proved adequate, and what is more important is that tho witnesses ate comfortable witb it.

3. It is impor&nt to remember that the best protection available to any witness is anonymity, and once unredacted disclosure is madc to tbe Defenw the overall he1of protection is less.

4. To date, WVSS-P feels that the bast -gment to dato was in the S- case wkethe unredacted-witnessstatements giving the of the witnesses were disclosad 21 days prior to the date of testimony, on a rolling basis, and not prior to the commencement of trial.

5. In practice, this actually meant disclosure four to five weeks prior to testimony because with the best of intentions we found that the Mat schedule could not ahrvays be adhered to strictly and there was always a deIay in the dates which were projected, and when the witness actually twtified.

6. WVSS-P believas that this is a good arrangement bocause tho prosecution cases cuto last for a long pexiod of time. When the Defenw has all the particulars and dotails of a witness, this can increase the risk for the witnesses. Ibis is a risk that the WVSS-P would like to minimise.

7. WVSS-Pfcels that it should be takeo into consideration the fact that unredacted disclosure of the names, identities and other particulars means that these witnesses will lose anonymity and be completely identified to the accused persons many months or longer before thcy arc called to testify. This ceminly increases tho risk of threats or oven more severe steps btig taken against them, and such disclosure many hinder the testimony and indeed tho work of tho Tribunal. It would certainly make the work of tho WVSS-P much more dicult.

8. Leaving aside the issues of personal safely, even a small incident or a perceived threat may discourage a witncss from coming to testify.

9. Full disdosurs of unredacted witness statements and wib? identifying information several months h advance is not in the interests of wiWprotaction. In the opinion of WSS-P,such disclosure should be madc with a higher degree of .safety, cIoser .to the actual date of witness testimony, perhaps 21 days, or slightly more, on a rolling basis as the trial pmcah.

10. WVSS-P believes that this should be the general policy relating to unredaded disclosures. WVSS-P,however, complies with whatever a Trial Chamber decides.

1 1. Best regards. PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX S

Article, Hirondelle News, "Rwanda/genocide - genocide survivors in danger", dated 17'~November, 2005 www.hirondelle.org : 17.1 1.05 - RWANDAIGENOCIDE - GENOCIDE SURVIVORS I... Page 1 of 2

C lo-se wind

Information, Documentation and Training Agency, Arusha (Tanzania): News

RWANDAIGENOCIDE - GENOCIDE SURVIVORS IN DANGER, SAYS IBUKA

Kigali, November 15th, 2005 (FH) - Genocide survivors "will be wiped out" if the Rwandan government does not step up their security and bring to justice murderers intent on destroying evidence in genocide trials, the biggest genocide survivors organization in Rwanda said on Tuesday.

"Policies of tolerance and reconciliation have led to less and less punishment for criminals and now some people are not afraid of killing", said Benoit Kaboyi, spokesperson of IBUKA (translation: Remember) less than a week after the violent murder of a genocide survivor in the north west Rwanda province of Gisenyi.

Verediyana Nyiransabana was reportedly clubbed to death before her body was dumped in a river. This happened on Wednesday night, a few hours after she had testified in a local genocide trial, said Kaboyi.

C "The government should see to it that such cases are followed up diligently and perpetrators punished severely", said Kaboyi.

Nyiransabana's murder came only a week after another genocide survivor in the east Rwanda town of Kabuga.

According to the police, attackers used an iron bar to shatter John Muhinda's head as he cycled home.

Speaking at his burial, the president of genocide survivor's organization IBUKA said that there was evidence that the attack had taken place during the day in a populated section of the town amidst cheers from some passers- by.

Muhinda is said to have been a lead witness in several genocide cases in Kabuga.

Over 30,000 confessed genocide perpetrators were released in the last two years following their declarations of remorse and requests for forgiveness.

Some genocide survivors have denounced the releases saying that they trivialize genocide, endanger witnesses' safety and traumatize survivors.

Punishments for those who confesssed to genocide have been reduced substantially over the past four years to - provide incentives for guilty pleas and foster reconciliation, according to authorities.

O Hirondelle News Agency

Hirondelle Foundation Hirondelle News Agency Lausanne, Switzerland Arusha, Tanzania Tel : +41 21 647 28 05 Tel : +255 741 51 08 94 Email : info@hi_rondelle.-org Email : hjro_ndeIIe@~bari.co.t_z

Hirondelle audio products are available in English, French, Swahili and Kinyarwanda. www.hirondelle.org

Th~sproject is funded by the European Community, Luxemburg and Norway. ------Close window PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES FOR VICTIMS AND WITNESSES

ANNEX T

Article, The New Times, "Another survivor murdered", dated November, 2005 The New Times - Another survivor murdered Page 1 of 1

Breaking News

Home I News I Archives ...... Main Menu ...... 8 Home Home National News Another survivor murdered ,Bag World News By Our Reporter Business News Sunday, 06 November 2005 Kigali Ngali - Reports of another Genocide survivor killed has sent a wave Sports of fear among Genocide survivors. Muhinda John (31) was murdered by Health News people believed to be genocidaires following his key role in revealing their role in the 1994 Genocide. Editorial/OE The deceased of Rusororo Sector in Kabuga town was hit on the head with Opinion a metal bar on the evening of 31st /10/05 on his way back home. Muhinda was widely known for his openness while giving testimonies, mentioning Columnists names of people like Ndumamungu John whom he pinned for owning a rifle Features he obtained from Kanombe Military Barracks. Women Some residents said that noise of people approving the murder was heard from the direction where the crime was commited. Commentary At the burial, FranFois Ngarambe, the head of Ibuka, the umbrella organ Behind the Headlines for survivors, told mourners that it is the first time that a Genocide survivor has been murdered with such brutality and as onlookers shouted Letters to the Editor joyfully. Interviews He further cautioned Genocide survivors to be on look out for people with genocide ideologies as they are scattered everywhere. Today's Cartoon The provincial police commander, Chief Inspector Dismas Rutaganira said Adverts/Tenders two suspects are detained at Kabuga Police Station in connection with the murder, and urged residents to reveal any information about the murder Jobs incident. The Governor of Kigali- Ngali Province, Epimaque Nsanzurwanda, revealed that the trial will take place at the murder scene and added that the Weekender Gacaca proceedings are going to be monitored carefully. Similar cases against survivors were reported early this year around Butare and Mid Week Gikongoro provinces. Special Reports Usefull Links .: Prev Next >

Copyright 2005 The New Times. All rights The New Times . TRANSMISSION SHEET FOR FILING OF DOCUMENTS WITH CMS

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I - GENERAL INFORMATION (To be completed by- the Chambers I Filing- Party)-.

To : 1 N M D~allo , R N Kouambo C K Hometowu F A Talon

J-P Fornet6 1 M Diop K. K. A. Afande R. Burriss

Florida Kabasinga (names) (names) Case Name: The Prosecutor vs. Francois Karera I Case Number: ICTR-2001-74-1 1 1 Dates: / Transmitted: 2411 1105 ( Document's date: 2411 112005 I No. of Pages: 85 1 Original Language: m~n~lish rn French n~in~arwanda Title of PROSECUTOR'S MOTION FOR PROTECTIVE MEASURES I Document: I I Classification Level: TRIM Document T pe: Strictly Confidential / Under Seal Correspondence Submission from non-parties Confidential Notice of Appeal submiss? from parties rn Public Disclosure 0Appeal Book Accused'pdrticulars. - n Judaement n Motion n Book of Authorities 11 - TRANSLATION STATUS ON THE FILING DATE (To be completed by the Chambems I Filing Party) I CMS SHALL take necessary action regarding translation. I 1 [7 Filing Party hereby submits only the original, and will not submit any translated version. - I I n~eferencematerial is provided in annex to facilitate translation. 7 I Target Language(s): m~n~lish [XI French n~in~arwanda I CMS SHALL NOT take any action regarding translation. I m~ilin~Party hereby submits BOTH the original and the translated version for filing, as follows:

I CMS SHALL NOT take any action regarding translation. I Filing Party will be submitting the translated version(s) in due course in the following language(s): 0 English n~rench n~in~arwanda KINDLYFILL IN THE BOXES BELOW LI The OTP is over-seeing translation. LI DEFENCE is over-seeing translation. The document is submitted for translation to: The document is submitted to an accredited service for The Language Services Section of the lCTR / Arusha. translation (fees will be submitted to DCDMS): The Language Services Section of the ICTR / The Hague. Name of contact person: An accredited service for translation; see details below: Name of service: Name of contact person: Address: Name of service: E-mail 1 Tel. / Fax: Address: E-mail / Tel. 1 Fax: 111 - TRANSLATION PRIORITISATION (For Official use ONLY) OTO~priority COMMENTS n~e~uireddate: The motion for protective measures is in English only NUrgent m~earin~date: [7 Normal mother deadlines:

NB: This form is available on: http://www.ictr.org/ENGLISH/cms/cmsl.doc CMSl (Updated on 04 February 2004)