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Contents Stadium and the Subsequent Detention Facility on 25 May 2001 ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda July-September 2008 Nchamihigo Sentenced to Life Imprisonment trust; yet he exhibited zeal in the perpetration of these grave crimes. In sentencing Nchamihigo, the Trial Because of his position in the justice Chamber, composed of Judges system, he was expected to uphold Charles Michael Dennis Byron the rule of law and principles of (presiding), Gberdao Gustave Kam morality. and Robert Fremr, took into account in particular that he committed the The Chamber found few mitigating crimes despite his position as a circumstances. While the accused Rwandan prosecutor. may have been a good father, this factor had little impact on the The Chamber found that on 7 April sentence. Evidence also existed that 1994, Siméon Nchamihigo told the accused assisted a few people Interahamwe to seek out and kill especially close to him. This factor Tutsi with the intention to destroy the carried limited weight as a mitigating Tutsi ethnic group and other civilians factor in light of the totality of the Trial Chamber III of the International who were RPF accomplices, as part evidence. The Chamber believed Criminal Tribunal for Rwanda of a widespread attack against that limited mitigation was warranted. (ICTR), on 24 September 2008 civilians in Cyangugu. The Chamber sentenced Siméon Nchamihigo, also found that Siméon Nchamihigo He was charged with four counts. former Deputy Prosecutor in participated in various attacks on On 29 June 2001, he pleaded not Cyangugu Prefecture to life refugee places. The Chamber guilty to all charges during his imprisonment after finding him guilty further finds that he attended the initial appearance. of genocide, extermination, murder prefecture Security Council meetings and other inhumane act as crimes on 11 and 14 April 1994, and that Nchamihigo was arrested in against humanity. some of the massacres were Arusha by Tanzanian authorities planned during those meetings, on 19 May 2001 at the request of especially the transfer of Tutsi the ICTR Prosecutor. He was refugees to the Kamarampaka transferred to the Tribunal's Contents stadium and the subsequent Detention Facility on 25 May 2001. removal of some of them who were The accused was represented by ICTR Judicial Activities........................ 2 killed. Denis Turcotte from Canada. The ICTR Judicial Decisions ...................... 4 Prosecution was led by Alphonse Among the aggravating factors in Van, Senior Trial Attorney, ICTR Town Hall Meeting ................... 11 this case, the Chamber noted that assisted by trial attorneys Adama Staff Development & Training ........... 11 Siméon Nchamihigo, as a deputy Niane, Lloyd Strickland, and Visitors to the ICTR ........................... 12 prosecutor of Cyangugu Prefecture, Madeleine Schawrtz . News from Kigali ............................... 13 was in a prominent public position of News from The Hague ...................... 14 Table of World Recognition of ICTR Former Officials ................................. 15 Didier Preira elected Deputy Registrar ICC .................................................... 15 Pillay Appointed UN High Commissioner for Human Rights .............................. 16 Editor-in-Chief: Roland Amoussouga Editor: Bocar Sy Associate Editor: Danford Mpumilwa Editing/Layout/Design/Photos: Rani Dogra Contributions: Kate Aboagye, Koffi Afande, Roman Boed, Rachida Draguendoil, Leyla Hussein, Musonda Kasonde, Charlotte Kingsman, Danford Mpumilwa, Leontine Mabika, Errol Muzawazi, Helge Zeitler E-Mail: [email protected] (from left to right) Judges Kam, Byron (presiding), and Fremr ICTR Newsletter July-September 2008 ICTR Judicial Activities Judicial Calendar - 19 to 25 September 2008 Case Bench Prosecution Defence Party presenting Courtroom (Lead Counsel his/here case only) Karemera et al. Judges Byron D. Webster D. Diagne Defence for Laїty Kama E. Karemera (Pres.), Kam, A. Frankson- P. Robinson Karemera M. Ngirumpatse Joensen Wallace F. Weyl J. Nzirorera I. Morley S. N’Dow G. Visser S. Ballah-Conteh T. Sendze D. Mbuto Nchamihigo Judges Byron Van, D. Turcotte Judgement delivered Laїty Kama (Pres.), Kam, L. Strickland, on 24 September Fremr M. Schwarz, 2008 A. Niame, M. Keefer Ndindiliyimana et al Judges De Silva S. Jegede, TA C. Black Defence for CR III A. Ndindiliyimana (Pres.), Hikmet, M. Sefon, LA C. Taku Nzuwonemeye F.-X. Nzuwonemeye Park A.Tambadou, ATA F. Segatwa (continued) I. Sagahutu F. Mushi, ATA G. Saint-Laurent [From 8 Sept.] A. Bizimungu Nsengimana Judges Møse W. Kapaya E. Altit Defence (continued) CR IV (Pres.), Egorov, S. Ntukamazina D. Hooper [From 15 Sept.] Arrey Ch. Kagwi-Ndungu B. Wallace I. Ismail J. Mukangira Nshogoza Judges Khan R. Karegyesa, A. Turner Adjourned sine die (Pres.), R. Madenga, Muthoga, Short A. Seye, D. Mabura Nyiramasuhuko et Judges Sekule A. Whest P. Boulé Defence for CR II al. (Pres.), H. Makwaia, M. Marchand Ndayambaje E. Ndayambaje Ramaroson, A. Alexis-Windsor N. Bergevin (continued); J. Kanyabashi Bossa N. Marquis adjourned on 24 P. Nyiramasuhuko J. Kadji September till 20 A. Ntahobali F. Pacere October S. Nsabimana A. Nteziryayo Setako Judges Møse I. Ojemeni-Okali, L. Hinds Prosecution [from 25 CR IV (Pres.), Egorov, C. Fomenky, August] Arrey S. Mawere OTHER LANDMARK FACTS provided hereinafter. Amended Practice Direction on the Procedure for the Trial Chamber I Designation of Enforcement States Ongoing trials On 23 September, ICTR President Byron signed a revised and amended Practice Direction on the Setako procedure for designation of the state in which a The Prosecution case commenced on 25 August 2008 convicted person is to serve his/her sentence of and is currently ongoing before Trial Chamber I. The imprisonment. Chamber has heard eleven witnesses. Work of the Trial Chambers and the Appeals Chamber Nsengimana The Chamber has concluded the hearing of evidence After the judicial recess from Mid-July to Mid-August in that case. The hearing of closing arguments is 2008, the three Trial Chambers and the Appeals scheduled for 20 and 21 November 2008. Chamber have resumed full activities. Details as to each Trial Chamber and Appeals Chamber activity are -2- ICTR Newsletter July-September 2008 Cases where judgement delivery is awaited documents discussed in the decision. The Chamber also ordered the Defence teams, if they wish to do so, Bagosora et al to file a Motion within 14 days to recall identified Deliberations in this case are ongoing. The Chamber Prosecution or additional Defence witnesses. will announce the date of judgment in due course. Furthermore, the Chamber issued a reprimand to the Prosecutor of the ICTR in respect of the Prosecution’s Renzaho lack of diligence in the disclosure of exculpatory Deliberations in this case are ongoing. The Chamber material in this case. will announce the date of judgment in due course. Rukundo Cases where referral to a domestic jurisdiction is The Chamber is currently engaged in the judgement pending drafting. The Chamber is seized of a further referral request Trial Chamber III pursuant to Rule 11 bis for the referral of the case of Jean-Baptiste Gatete to a domestic jurisdiction, which Ongoing trials will be decided when the Appeals Chamber has decided the three transfer cases which are currently on Kalimanzira appeal. The Chamber has rendered four decisions since the end of the judicial recess. The Defence case is The Chamber rendered one decision (granting amicus scheduled to commence on 17 November 2008. curiae status to the Republic of Rwanda) in this case. In one decision, the Chamber decided that the Trial Chamber II Defence had no case to answer with respect to some allegations after the Prosecution indicated it would Ongoing trials forsake reliance on its sole witness' testimony on those allegations. This clarifies the case for the Defence at Nyiramasuhuko et al. (Butare) the earliest possible stage, in the interests of The Chamber heard the 23rd witness for Ndayambaje safeguarding the rights of the Accused to know the and adjourned on 24 September until 20 October for charges against him, have adequate time to prepare, lack of witnesses after the withdrawal of three and have a fair and expeditious trial. witnesses. A break had already been scheduled from 6 to 17 October. On 20 October, Ndayambaje will start Karemera et al. his testimony, the Defence has indicated that he will On 25 August 2008, the Chamber had to adjourn the need between one and two weeks for his examination proceedings until 15 September 2008 due to the in chief. One more factual witness for Ndayambaje illness of one of the co-accused, Mathieu Ngirumpatse. remains to be heard and one factual witness for Kanyabahsi is scheduled in November. The Chamber It should be recalled that on 5 October 2007, the has reiterated that the case must be closed by 14 Appeals Chamber overruled the Trial Chamber’s November 2008. decision in the case of Karemera et al. to continue the proceedings in the absence of the Joseph Nzirorera Bizimungu et al. who was ill at the time. The Appeals Chamber held, Since the close of proceedings on 13 June 2008, the amongst others, that in the circumstance of a joint trial, Chamber is deliberating on the remaining motions when determining whether the presence of the pending before it, including those concerning witness- accused is required during the cross-examination of a related issues for the Prosper Mugiraneza defence witness, it is irrelevant whether or not the witness’s case. testimony was likely to concern the alleged acts and conduct of a co-accused only. The Chamber will conduct a judicial visit of certain sites in Rwanda between 5 and 10 October 2008, and Currently 16 motions are pending in the case, will hear the Parties' closing submissions during the including motions requesting the cooperation of week commencing 1 December 2008. The Prosecution Switzerland and Belgium. Seven decisions have been is scheduled to file its closing brief on 1 October 2008, filed since the end of the judicial recess, including a and the Defence teams between 10 and 21 November decision denying Nzirorera's request that all 2008.
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