ICTR Newsletter July/August 2009
Total Page:16
File Type:pdf, Size:1020Kb
ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda July/August 2009 United Nations Extends Term of Office of ICTR Judges of the permanent judges who were members of the Appeals Chamber by 31 December 2009. On 4 June 2009 the President of the Tribunal Judge Dennis Byron, and Prosecutor Hassan Bubacar Jallow, as well as Mr. Thomas Mayr-Harting of Austria, Chairman of the Council's informal working group on the International Tribunals, briefed the Council about the Tribunal’s Completion Strategy. Front row l-r: Mr. Dieng (Registrar), Judge Sekule, Judge Khan (vice President), Judge Byron The permanent judges whose term (President), Judge Møse and Judge Egorov; Back row: Judge Muthoga, Judge Arrey, Judge Kam, of office was extended, and who Judge Park, Judge Joensen, Judge Masanche, Judge Rajohnson and Judge Akay [Judges not in the photo: Judge Bossa, Judge Hikmet and Judge Short[ are also members of the Trial Chambers, are Charles Michael The Security Council of the United sooner. The Council also extended Dennis Byron (Saint Kitts and Nations on 7 July 2009 extended until the same date the term of Nevis), Joseph Asoka Nihal de the term of office of six permanent office of 11 ad litem judges. Silva (Sri Lanka), Khalida Rachid judges of the UN International Khan (Pakistan), Arlette Criminal Tribunal for Rwanda until Urging the Tribunal to take all Ramaroson (Madagascar), and 31 December 2010, or until the possible measures to complete its William H. Sekule (United Republic completion of the cases to which work expeditiously, the Security of Tanzania). The Council also they were or will be assigned if Council unanimously adopted decided that the term of office of resolution 1878 (2009), tabled by the permanent judge appointed to Austria, under Chapter VII of the replace Sergei Aleckseevich Contents United Nations Charter, stressing Egorov (Russian Federation) shall that it did so without setting a extend until 31 December 2010, or precedent. until the completion of the cases to which he or she will be assigned if ICTR Job Fair ...................................... 2 The Council also decided, among sooner. other things, that two judges ICTR Judicial Activities ........................ 2 (Judge Joseph Asoka Nihal de Ad litem judges whose term of Judicial Decisions of the ICTR ............ 6 Silva from Sri Lanka and Judge service was extended are; Aydin Emile Francis Short from Ghana) Sefa Akay (Turkey), Florence Rita News from Kigali ................................. 9 might work part-time and engage Arrey (Cameroon), Solomy Balungi in another judicial occupation of Bossa (Uganda), Taghrid Hikmet Visitors to the Tribunal ......................... 9 independent status in their home (Jordan), Vagn Joensen countries during the remainder of (Denmark), Gberdao Gustave Kam their terms of office. (Burkina Faso), Joseph Edward Chiondo Masanche (United Editor-in-Chief: Roland Amoussouga Expressing its expectation that the Republic of Tanzania), Lee Senior Editor: Bocar Sy Associate Editor: Danford Mpumilwa extension of the term of office of Gacugia Muthoga (Kenya), Seon Editing/Layout/Design/Photos: Rani Dogra judges would contribute towards Ki Park (Republic of Korea), Contributions: Career Resource Centre, the implementation of the Mparany Mamy Richard Charles Kamuru, Thierry Leclerc, Helge Zeitler, Tom Kennedy, Tribunal's completion strategy, the Rajohnson (Madagascar) and Council further decided to review Emile Francis Short (Ghana). E-Mail: [email protected] the extension of the term of office ICTR Newsletter July/August 2009 ICTR holds Job Fair for its Staff ICTR Judicial Acitivities The Human Resource and Planning Section Work of the Trial Chambers and the Appeals Chamber organized a Job Fair for ICTR staff both in Arusha Between 1 July and 30 August 2009 and Kigali. The Job Fair in Arusha was held from 17-24 August 2009 and in Kigali from 20-23 1. Trial Chamber I August.. Ongoing trials Munyakazi The Defence case in Munyakazi began on 31 August 2009. The Chamber denied two Defence Motions, one related to the appearance of a witness detained in Rwanda, and a second related to the accommodation preferences of individual witnesses. In addition, the Chamber issued an Order instructing the Defence to reduce its witness list. Cases where closing arguments are awaited Setako The Defence closed its case on 26 June 2009 subject to some procedural matters after 35 Defence Invitees and staff members at the start of the Job Fair observe a minute of silence for deceased staff members, Staff members from witnesses testified. Closing arguments are expected to The Hague and Kigali were also present via video-link take place in early November 2009. The Chamber issued a decision dated 31 August 2009, denying the A Job Fair Task Force comprising members from different Defence applications to call two additional witnesses. organs of the ICTR was established. They worked tirelessly to make the Job Fair a reality by contacting Cases where judgement delivery is awaited different UN and International Organisations, inviting them to the Job Fair. Staff were encouraged to fill in password Nsengimana protected e-Fact Sheets that were made available to Deliberations in this case are ongoing. The Chamber interested organizations via the ICTR website. will announce the date of judgment in due course. It issued a decision dated 31 August 2009, denying two This event was a premier in the annals of the United Defence motions relating to newly discovered Nations. A total of 8 Organizations attended. Over twenty evidence. organizations requested to review the e-Fact Sheets of staff members. Judgement Delivered A total number of 845 individual interviews were Renzaho conducted by DPKO, OHCHR, UNICEF, CTED, UNV, On 14 July 2009, the Chamber sentenced Colonel ECA, and Radar Recruitment Agency. The Staff Members Tharcisse Renzaho (former prefect of Kigali-Ville) to a who could not attend the interviews will have a life sentence. He was found guilty of genocide, crimes teleconference or video conference with any of the against humanity and serious violations of Article 3 agencies, facilitated by the ICTR Career Resources common to the Geneva Conventions and Additional Centre. Approximately 80% of staff participated in the Job Protocol II (war crimes) but acquitted of complicity to Fair with many of them attending more than one interview. commit genocide. The small percentage that did not participate was either on holiday or out of the duty station. 2. Trial Chamber II An observer from ICTY noted with satisfaction that the Job Ongoing trials Fair was a great success, while a representative from one of the agencies had this to say, “I came thinking I am in for Hategekimana a charity mission, but I have with me many solid cases of The trial of Ildephonse Hategekimana, a commander extraordinary experience.” at the Ngoma Camp in Butare Préfecture, is scheduled to recommence on 23 September 2009.The trial The Job Fair in Kigali was a great success and was adjourned on 13 July 2009, following the testimonies of appreciated by Kigali staff members. Between 20-21 twelve Defence witnesses. On 14 July 2009, the August, UNV Rep. Mr. Tadiwa Muradzikwa met and Chamber issued a trial Scheduling Order for the conducted interviews for 66 national staff . coming closing session, where seventeen additional Defence witnesses are expected to testify. The Between 22-23 August, DPKO Reps Ms Jane Kembabazi Prosecution closed its case on 04 May, after calling a and Mr. Leonard Otti met and conducted interviews for 49 total of twenty witnesses. international staff. The two DPKO Officials also took time to meet with the Kigali National Staff. -2- ICTR Newsletter July/August 2009 Kanyarugika Chamber issued an order on 24 August 2009 The case commenced on 31 August 2009. requesting the Parties to file submissions about the On 28 August 2009, the Trial Chamber denied an resumption of the trial. The Chamber will issue a urgent Defence Motion for a stay of proceedings. decision on this issue shortly. During July and August, the Chamber issued two further decisions, one scheduling order, two interim The Chamber also decided on Joseph Nzirorera's orders and one order for the transfer a detained application for admission of written statements and witness. testimony pursuant Rule 92 bis of the Rules of During the first day of proceedings, the Chamber Procedure and Evidence. issued various oral decisions, including, inter alia, on a Defence request for an adjournment. Muvunyi (Re-Trial) In August 2009, the Chamber rendered four decisions Trials in Judgement Drafting Phase in view of the start of the Defence case. On 18 August 2009, the Chamber denied the Defence's Motion for Nyiramasuhuko et al. (Butare) Judgement of Acquittal. The Chamber is involved in deliberations and judgement drafting. The Defence started its case on 24 August 2009. In three trial days, the Chamber heard six Defence Military II witnesses. The last one will be heard on 14 September The Chamber is involved in deliberations and 2009 when the Defence will close its case. judgement drafting. In July and August, the Chamber rendered four decisions on variation of witnesses Ntawukulilyayo protective measures, an allegation of possible witness Following the close of the Prosecution case on 26 May recantation, and a purported Rule 68 violation. 2009, the Trial Chamber on 2 July 2009 rendered a Decision denying a Defence motion for no case to Bizimungu et al. answer. In addition to ongoing work in the judgement drafting, the Trial Chamber on 7 August 2009 issued a Decision In another Decision dated 31 July 2009, the Trial granting Ngirabatware’s motion for the disclosure of Chamber rejected the Defence request for the certain exhibits. The Chamber also rendered two postponement of deadlines for the filing of the Pre- Decisions on 28 August 2009, the first related to a Defence Brief and the opening of the Defence case.