ROUTING SLIP FICHE DE TRANSMISSION
T0:l A/' Mr. Riza Kensaku Hogen Room No, — No de bureau Extension— P'oste Date ~* S-1027 3-6830 27 August 1998 FOR ACTION POUR SUITE A DONNER FOR APPROVAL POUR APPROBATION FOR SIGNATURE POUR SIGNATURE FOR COMMENTS POUR OBSERVATIONS MAY WE DISCUSS? POURRIONS-NOUS EN PARLER ? YOUR ATTENTION VOTRE ATTENTION AS DISCUSSED COMME CONVENU AS REQUESTED SUITE A VOTRE DEMANDE
NOTE AND RETURN NOTER ET RETOURNER FOR INFORMATION POUR INFORMATION
With regard to the attached memo from Fred Eckhard/ DPI is taking urgent action to publicize the upcoming judgements by the Arusha Tribunal.
45 jj).H BE G I ( of-) AUG 2 7 1998
EXECUTIVE OFFICE 'T IKE SECRETARY-GENERAL
COM.6 (2-78) UNITED NATIONS NATIONS UNIES
INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR
Mr. Kensaku Hogen DATE24 August 1998 Assistant Secretary-General Department of Public Information REFERENCE:
THROUGH: SlC. DE: FredEckhard 3 FROM: DE: Spokesman for the Secretary-General
' Media arranements for Arusha Tribunal first udments
The Secretary-General said he would like an extra publicity push for the upcoming judgments by the Arusha Tribunal. On 2 - 3 September, the Tribunal will deliver its first judgment, which will also be the first ever for the crime of genocide by an international tribunal.
On the Spokesman's side, we can arrange a special briefing. DPI may wish to issue a press release or background sheet in conjunction with the Rwanda Tribunal. Circulating an Op Ed is another option. Arranging for video coverage could be tried, budget permitting.
I've asked Myriam Dessables of my office to handle our end. What do you think you can do!
cc.: Shashi Tharoor -KS--frS '8-8 17:41 FAX 1 2129632848 49 ICTR ARUSHA [g!003
UNITED NATIONS NATIONS UNIES
International Criminal Tribunal for Rwanda PRESS AND PUBLIC AFFAIRS UNIT Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania Tel: 255 57 4207-11/4367-72 or 1 212 963 2850—Fax: 255 57 4000/4373 or 1 212 963 2848 E-Mail: [email protected]
INTRODUCTION to the INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)
AUGUST 1993 26/03 '98 17:42 FAX 1 2129632848 49 ICTR ARUSHA IS 006
INTRODUCTION
Recognizing that serious violations of humanitarian law were committed in Rwanda, and acting under Chapter VII of the United Nations Charter, the Security Council created the Internationa! Criminal Tribunal for Rwanda (ICTR) by virtue of resolution 955 (1994) of 8 November 1994. The purpose of this action is also to contribute to the process of national reconciliation in Rwanda and to the maintenance of peace in the region. By its resolution 977 (1995) of 22 February 1995, the Security Council decided that the seat of the Tribunal would be located in Arusha, United Republic of Tanzania. The International Criminal Tribunal for Rwanda was established for the prosecution of persons responsible for genocide and,fathe rseriou s violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994.
1. ICTR Law The International Criminal Tribunal for Rwanda is governed by its Statute, which is annexed to Security Council Resolution 955. The Rules of Procedure and Evidence, which the Judges adopted in accordance with Article 14 of the Statute, establishes the necessary framework for the functioning of the judicial system. The Tribunal consists of three organs: the Chambers and the Appeals Chamber; the Office of the Prosecutor, in charge of investigations and prosecutions; and the Registry, responsible for providing overall judicial and administrative support to the Chambers and the Prosecutor.
2. Jurisdiction of the ICTR •^> Ratione materiae: Genocide, crimes against humanity, violations of Article 3 common to the Geneva Conventions and of Additional Protocol II shall be punishable; =& Ratione tempore: crimes committed between 1 January and 31 December 1994; -4> Ratione personae et ratione loci: crimes committed by Rwandans in the territory of Rwanda and in the territory of neighbouring States, as well as non-Rwandan citizens for crimes committed in Rwanda.
3. State of Affairs * The first indictment, charging 8 accused, was issued 28 November 1995; * As of 30 June 1998 four trials had commenced and 22 indictments have been issued against 35 individuals. One of the accused, ex-Rwandan Prime Minister Jean Kambanda has already pleaded guilty to genocide and crimes against humanity, and the trial of another accused, Jean-Paul Akayesu, has been completed. The ICTR has set up the United Nations Detention Facility in the complex of the Arusha prison. A total of 26 indicted individuals and five suspects are in custody - 30 of them in the Detention Facility in Arusha. One indictee is detained in Texas, USA. The Detention Facility has a total of 56 fully functional cells.
4. Budget and Human Resources In accordance with resolution 52/218 of 22 December 1997, the General Assembly decided to appropriate the Special Account for International Criminal Tribunal for Rwanda a total of USS 56,736,300 gross (US$50,879,100 net) for the period 1 January to 31 December 1998. 511 persons, representing 71 nationalities are working for the ICTR as well as the six Judges and 9 Secondees. 26/08 '98 17:42 FAX I 2129632848 49 ICTR ARl'SHA @]007
THE ICTR GOVERNING BODIES
The Chambers
The Chambers are composed of two Trial Chambers and an Appeals Chamber. Each Trial Chamber is composed of three Judges. The Appeals Chamber, which is composed of five Judges, serves both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).The six Judges of the two Trial Chambers were elected on 24 and 25 May 1995 for a period of four years by the General Assembly pursuant to Article 12 of the ICTR Statute. The 6 Judges of the two Trial Chambers sit in Arusha. The Judges elected a President, Judge LaTty Kama (Senegal), a Vice-President, Judge Yakov Ostrovsky (Russia), and a Presiding Judge for each of the two Trial Chambers, Judge LaTty Kama for Trial Chamber 1 and Judge William Sekule (Tanzania) for Trial Chamber 2. Chamber 1 also includes Judge Lennart Aspegren (Sweden), and Judge Navanethem Pillay (South Africa). Chamber 2 also includes Judge Yakov Ostrovsky and Judge Tafazzal Hossain Khan (Bangladesh).
The six Judges were elected on 24 and 25 May 1995 for a period of four years by decision 49/324 of United Nations general assembly. The Prosecutor
The Office of the Prosecutor is composed of three principal sections: the Prosecution Section, the Investigations Division, and Legal Services. The Prosecutor and the Legal Section serve both Tribunals (ICTR and ICTY).The Office of the Prosecutor is headed by the Prosecutor, Judge Louise Arbour (Canada). She was appointed by the Security Council and officially took up her post on 1 October 1996. Judge Louise Arbour serves as the Prosecutor for the Tribunals for both Rwanda and the Former Yugoslavia. In accordance with Article 15(3) of the Statute, Judge Louise Arbour is assisted in her duties by two Deputy Prosecutors, one for each Tribunal. The headquarters of the Office of the Prosecutor for Rwanda is located in Kigali. The office was opened on 21 March 1995 when the Deputy Prosecutor arrived in Kigali, Rwanda.
The Registry
The Registry consists of a Registrar and such other staff as may be required. Trie Registry is headed by the Registrar, Mr. Agwu Ukiwe Okali (Nigeria). He was appointed on 26 February 1997 by the Secretary-General after consultation with the President of the ICTR. In accordance with Article 16 of the Statute, 'The Registry shall be responsible for the administration and servicing - of the International Tribunal for Rwanda". The Registry performs legal functions assigned to it by the Tribunal's Rules of Procedure and Evidence, and is the Tribunal's channel of communication. 26/08 '98 17:43 FAX 1 2129632848 49 ICTR ARUSHA @]008 \ ••' L
JUDGES OF TRIAL CHAMBER 1
Judge Laity Kama (Senegal) (President of the Tribunal and Presiding Judge of Trial Chamber 1} Judge LaTty Kama was born in 1939 (n Dakar. He began his career as a Magistrate in Senegal in 1969, after which he successively became Examining Judge in Diourbel (1969-1973), Deputy Public Prosecutor in Dakar (1973-1974) and Public Prosecutor in Thies (1974-1978). For 15 years he was then Assistant Public Prosecutor at the Court of Appeal and the Assize Court in Dakar. Lastly, in 1992, he was appointed First Assistant Public Prosecutor at the Supreme Court of Appeal. Judge Kama was instrumental in the establishment of the £co/e nationale de la Magistrature du S£n£gal in Dakar, where he taught for 20 years. As an expert, he represented Africa in the Working Group on Arbitrary Detention established by the United Nations Commission on Human Rights. Judge Kama'presided over the drafting sessions of Benin's new code of criminal procedure. As a member of the Senegalese delegation to the (UN) Commission of Human Rights in Geneva from 1983 to 1990, he participated in the negotiations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Later, he conducted seminars on human rights and the administration of justice (1991 in Kigali, Rwanda and 1993 in Bujumbura, Burundi).
Judge Lennart Aspegren (Sweden) (Member of Trial Chamber 1)
Judge Lennart Aspegren was bom in 1931. He began his career within the Swedish judicial system as a Magistrate in 1958. After serving in various courts of civil and criminal law, he was appointed Judge of the Stockholm Court of Appeal in 1979. Judge Aspegren also served as Legal Adviser to his Government, mainly within the Ministry of Finance from 1969. From 1979 to 1996, he was Under-Secretary for Legal Affairs at the Ministry for Public Administration, and, in 1991, his duties were extended to include International Affairs, with particular emphasis on relations with the European Community. During the period 1994 to 1995, he served as Judge at the High Court for Social Welfare, in addition to being judge of the Swedish Labour Court from 1980 to 1996. Furthermore, Judge Aspegren was chairman of several governmental commissions of enquiry from 1992 to 1995. In his official capacity and as an expert in public management, he took part in many international negotiations and conferences. He served not only in the OECD, the ILO, the UNDP and other organisations, but also provided consultancy services to a number of Governments. In 1995, he directed a bilateral project, in South Africa, on the restructuring of the legal system, including the judiciary.
Judge Navanethem PUlay (South Africa) (Member of Trial Chamber 1)
Judge Navanethem Pillay was bom in 1941 and became the first black woman to start a law practice in Natal (1967). From 1967 to 1995, she was senior partner of a law firm. Judge Pillay was the first black woman attorney to be appointed acting judge of the Supreme Court in South Africa and lecturer at Natal University (department of Public Law 1989). Judge Pillay is a trustee of Lawyers for Human Rights and the Legal Resources Center, as well as a member of both the Women's National Coalition and the Black Lawyers' Association. She was appointed Vice- President of the Council of University of Durban Westville by President Nelson Mandela. Judge Pillay is Chair of Equality Now, an international human rights organization for action on women's rights, based in New York. / - 26/08 '93 17:44 FAX 1 2129632848 49 ICTR ARUSHA H009 .i ''
JUDGES OF TRIAL CHAMBER 2
Judge William Hussein Sekule (Tanzania) (Presiding Judge of Trial Chamber 2 )
Judge William Sekule was bom in 1944. He was State Attorney, Senior State and Principal State Attorney from 1970 to 1979 at the Attorney General's Chambers. He was Director of Public Prosecution from October 1979 to April 1987 and Judge at the High Court of Tanzania since April 1987. Judge Sekule was a member of the Board of the Faculty of Law, University of Dar Es Salaam (1978-1987) and a member of the Police and Prison Service Commission from 1978 to 1987. He participated in the meetings of the 6th and 7th United Nations Congress on The Prevention of Crime and The Treatment of Offenders, in 1980 and 1985, respectively, at Caracas( Venezuela )and Milan ( Italy )T respectively. He also attended the Preparatory Meeting for the Africa Region for the 7th UN Congress on the Prevention of Crime and The Treatment of Offenders at Addis Ababa in 1983 where he was also elected one of the Vice-Chairmen of the meeting. He attended the 39th(1983) and 40th(1984) sessions of the UN Commission on Human Rights in Geneva as Deputy Leader of the Delegation of the United Republic of Tanzania.
Judge Yakov Arkadievich Ostrovsky (Russian Federation) (Vice-President, Member of Trial Chamber 2)
Judge Yakov A. Ostrovsky was bom in 1927. He was Professor of International Law at the Moscow State Institute of International Relations, as well as a Member of the Scientific Council of the Moscow Institute of Internationa! Law. Judge Ostrovsky was Council Member of the Moscow Association of International Law; Consultant on International Public Law and Humanitarian Law to the Constitutional Court and the Supreme Court of the Russian Federation. From 1960 to 1966, he was appointed Chief of Social and Legal Problems Desk in the USSR's Permanent Mission to the United Nations. He represented the USSR in the Commission on Human Rights and the Sub- Commission on the Prevention of Discrimination and Protection of Minorities. He has worked on a wide range of international law issues, especially in the field of Human Rights and, since 1987. he has been Legal Adviser to the Ministry of Foreign Affairs.
Judge Tafazzal Hossain Khan (Bangladesh) (Member of Trial Chamber 2) Judge T.H. Khan was bom in 1925. He was enrolled as an advocate in the then East Pakistan High Court in March 1951, as an advocate of the Pakistan Supreme Court in 1956 and as Senior Advocate in 1962. Judge Khan was appointed Judge of the High Court in East Pakistan in March 1969 and retired in January 1972. Judge Khan was elected President of the Supreme Court Bar Association, the apex body of the country's legal practitioners, in 1978-1979 and 1995. He was appointed Minister of Law and Parliamentary Affairs of the Government of the People's Republic of Bangladesh in 1981. Simultaneously, he held the portfolio of the Ministry of Land Administration and Land Reform, as well as that of the Ministry of Information and Broadcasting. In 1982, he was appointed Minister for Education, Sports and Culture, as well as Minister of Religious Affairs. He attended. General Assembly sessions of the United Nations in 1992 and 1994 as a member of the Bangladeshi delegation. In 1992 he was elected member of the Sub-Commission of the United Natrons Commission on Human Rights on the Prevention of Discrimination and Protection of Minorities. 26/08 98 17:45 FAX 1 212963284S 49 ICTR ARUSHA 1)010
THE PROSECUTOR
Judge Louise Arbour (Canada) (Prosecutor)
Justice Louise Arbour was bom in Montreal in 1947. She was admitted to the Quebec Bar in 1971 and the bar of Ontario in 1977, and served for 13 years as Associate Professor of Law and later Associate Dean at Osgoode Hall Law School at York University (criminal law, criminal procedure, evidence, droit civil). Justice Arbour became a member of the bench in December 1987, first as a trial judge at the Supreme Court of Ontario and, in 1990, at the Ontario Court of Appeal. In April 1995 she was chosen to lead an official investigation into the operations of correctional services in Canada, based on allegations by female inmates at the women's prison in Kingston (Ontario). Until her appointment to the bench, she served as Vice President of the Canadian Civil Liberties Association. Additionally, she is a*]jfe member of the Association des Juristes d'Expression Franchise de ('Ontario. Justice Arbour was appointed Prosecutor by the Security Council of the United Nations on 25 February 1996.
THE DEPUTY PROSECUTOR
Bernard Muna (Cameroon) (Deputy Prosecutor)
Mr. Bernard Muna was born in 1940 in Cameroon. He was admitted to the English Bar (Honorable Society of Lincoln's Inn) in 1966. In September 1966 he became State Counsel in the Office of the Attorney-General (later Procureur General) with responsibility for the prosecution of all criminal cases for the then Federated States of West Cameroon. Three years later he was appointed Magistrate in Bamenda, Cameroon. He was named Chief Prosecutor for Northwest Province in February 1971. In April of the same year he resigned from the Public Bar, and in May 1971 he was enrolled at the Bar of the Federated State of West Cameroon and established his practice in Buea. As a member of the Criminal Procedure Code Drafting Committee in 1975 he participated in the drafting of the new criminal code for Cameroon, produced in 1980. From May 1986-1992 he served as the elected President of the Cameroon Bar Association. In 1987, he was named United Nations Country Rapporteur for penal reform and crime prevention, and he was also elected in the same year as President of the newly created Central African Lawyers Union (UNAAC), Union des Avocats de t'Afrique Centrale. He was re-elected President of the UNAAC in 1989. Mr. Muna was appointed Deputy Prosecutor of the Internationa! Criminal Tribunal for Rwanda on 29 April 1997. 26'08 '98 17:46 FAX 1 2129632848 49 ICTR ARUSHA
THE REGISTRAR
Agwu Uklwe Okali (Nigeria) (Registrar)
Mr Okali was born in 1943 in Nigeria. He obtained his LL.B. degree from the London School of Economics in 1968. and LL.M. and S.J.D. (Doctor of Juridical Science) degrees from Harvard Law School in 1969 and 1971 respectively. He served as Assistant Counsel at Connecticut General Insurance Corporation from 1971 to 1975. Since 1974 he has been a member of the Connecticut State Bar. He joined the United Nations in 1975 at the Office of Legal Affairs in New York and also served in the United Nations Commission on International Trade Law (UNCITRAL) with responsibility for diverse legal matters. Mr Okali was appointed as Secretary of the 58-member Commission on Human Settlements and Chief of External Relations of the United Nations Centre for Human Settlements (Habitat) soon after creation of these institutions, in 1979. In 1987 he became Director of UNCHS (Habitat) Office in New York until 1991, when he was recalled to UNCHS Headquarters in Nairobi on promotion to the position of Director in the Office of the Executive Director and Special Programmes, where he supervised the preparation of the Second United Nations Conference on Human Settlements (Habitat II). He served as Deputy Executive Head of Habitat, and also directed major investigations for the Office of Legal Affairs and the Department of Political Affairs ordered by the Secretary-General in relation to the Somalia operations. Mr. Okali was appointed by the Secretary-General of the United Nations as Registrar of the International Criminal Tribunal for Rwanda (ICTR) on 26 February 1997. DEPUTY REGISTRAR
Imelda Merle Perry (Saint Lucia} (Acting Deputy Registrar)
Mrs Perry was born in Saint Lucia, West Indies in 1947. She was admitted to the Bar of England and Wales at Gray's Inn in 1981, the Eastern Caribbean Bar in 1982 and the New York State Bar in 1989. At the Inner Temple, London, she assisted with prosecutions for Scotland Yard and with commercial and personal injury litigation. From 1982 to 1987 she served firstly as Registrar of the High Court and Deputy Registrar of the Court of Appeals in the Eastern Caribbean Supreme Court, and subsequently as Magistrate of the Court adjudicating upon diverse criminal and civil matters as well as assuming responsibility for the sitting of the Juvenile Court. From 1989 to 1995 Mrs Perry worked as a trial attorney in a civil litigation law firm appearing in State and Federal Courts in the five boroughs of New York. In 1995, she joined the United Nations Civilian Mission in Haiti and worked extensively in the field prior to being appointed as Coordinator and legal officer of a regional office and subsequently as desk officer and member of the four-person Co-ordination, Analysis and Reports Unit of the Mission. Mrs Imelda Perry joined the ICTR on 18 March 1998 as Acting Deputy Registrar.
CHIEF OF ADMINISTRATION
Angel Silva (Mexico) (Chief of Administration)
Mr. Silva was bom in 1946 in San Luis Potosi. He began his career in 1973 with the Chase Manhattan Bank as an official. Mr. Silva joined the United Nations in 1979 at the United Nations Industrial Development Organization (UNIDO) in Vienna as a Budget Officer. In 1981 he was transferred to the Office of Financial Services at the UN Headquarters, where he worked his way up to Chief of the Data Analysis and Systems Control Unit until 1997. Mr. Silva's experience in the UN involves budget, finance and budget implementation with the regular budget, technical cooperation, Economic Commission for Latin America and the Caribbean (ECLAC). peacekeeping, voluntary contributions, both in cash and in kind, jointly financed activities, special projects, and autonomous organizations. He was appointed as Chief of Administration of ICTR on 5 April 1997. 26/08 '98 17:46 FAX 1 2129632848 49 ICTR ARUSHA 1012
BIOGRAPHICAL NOTES OF THE MEMBERS OF THE APPEALS ! CHAMBER
Gabrtelfe Kirk McDonald { USA) Presiding Judge
Judge McDonald (born in 1942) has almost 30 years of combined experience as a Judge, Professor ojf Law and legal practitioner. A Federal Court Judge for nearly 10 years, Judge McDonald also practised civil rights law and has served as a Professor at a number of law schools in tfjie United States. On 19 November 1997 she was elected as President of the Appeals Chamber, j i Mohamed Shahabuddeen ( Guyana ) Vice-president t -of -f * Judge Shariabuddeen (born in 1931) had occupied many judicial and governmental positions in Guyana, including those of Attorney General and Minister of Legal Affairs. He has also served as a Judge at the International Court of Justice from 1988 to February 1997, and has worked as an Arbitrator and Consultant in international law. Judge Shahabuddeen is member of the Institut de droit internajtionaJ and of the Societe francaise de droit international.
i Rafael Nleto Navia ( Colombia}
Mr. Nieto-iyavia (born in 1938) has been a Professor of Public international Law at Javeriana University. He has taught at a variety of other schools including the Santo Tomas University (1996). the University of Sergio Arboleda (1986-1990). and the Institute of International Law and Diplomacy at Jorge Tadeo Lozano University (1974-1976). Mr. Nieto-Navia has also been the president arid a judge of the Inter-american Court of Human Rights, as well as the vice-president of the Inter-american Institute of Human Rights.
Lai Chand Vohrah (Malaysia) Judge Vohrah (bom in 1934) served as a High Court Judge in Malaysia for more than 15 years. He has attended several international meetings, including the United Nations Conference on the Law of Treaties at Vienna in 1969, the Third United Nations Conference on the Law of the Sea at Caracas in "1974 and inter-State negotiations on the delimitation of territorial sea and continental shelf boundaries. Wang Tleya (China) Judge Wanjg (bom in 1913) has been Professor of International Law at Peking University, President of Chinese Society of International Law, member of the Institut de droit international, and member of he Permanent Court of Arbitration. Judge Wang has been a professor for over fifty years, during which time he has written numerous publications including a Chinese Dictionary and Encyclopaedia of Law.
Jugde Antonio Cassesef Italy) was President of the Appeals Chamber from 1995 to the election of Judge McDonald on 19 November 1997.
NB: For more Information please contact Bocar Sy, or Danford Mpumllwa through our E-Mail address: [email protected] or Tel: 1 212 963 2650 or 255 57 4357-72 Fax: 1 212 963 2848 or 255 57 4000/4373 Arusha WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS
8 26/08 '98 17:48 FAX 1 2129632848 49 ICTR ARl'SHA
-2-
Budget: In accordance with resolution 52/218 of 22 December 1997, the General Assembly decided to appropriate the Special Account for International Criminal Tribunal for Rwanda a total of US$ 56,736,300 gross (US$50,879,100 net) for the period 1 January to 31 December 1998. ICTR Budget for 1998 as distributed by organs:
(i) The Chambers US$2,109,800 (ii) Office of the Prosecutor US$14,091,100 (iii) The Registry US$ 34,659,800 Staffing: 511 persons, representing 72 nationalities are working for the ICTR as well as six Judges and 9 secondees. Indictments: 22 indictments have been issued against 35 individuals. •
Custody: The ICTR has set up the United Nations Detention Facility in the complex of the Arusha prison. A total of 26 indicted individuals and five suspects are in custody - 30 of them in the Detention Facility in Arusha. One indictee is detained in Texas, USA. The Detention Facility has a total of 56 fully functional cells.
Trials: ';•,. One trial, that of Jean-Paul Akayesu which started on 9 January-1997 was completed in March 1998. Judgement in that trial is expected soon. Anotheri^case, that of ex-interim Prime Minister of Rwanda, Jean Kambanda has also been ;c6mpleted following a plea of guilty to six counts of Genocide and other crimes entered by,the- accused at his initial appearance before the Tribunal on 1 May 1998." JudgementViri that case will also be rendered in the coming months. Two other trials are under way::that of Georges Anderson Nderubumwe Rutaganda .which began on 18 March 1997;^arid.the. joint trial of Clement Kayishema and Obed Ruzindana which started oh 11 April-1997:. As of 29 September 1997, a second courtroom is operational which has enabled the Trial Chambers to conduct two trials simultaneously. On 30 April 1998, the Security Council adopted its resolution 1165 (1998) which established a third Trial Chamber of three additional judges for the Tribunal. Elections to this chamber will take place at the soonest possible time. " Witnesses: 28 Prosecution witnesses and 13 Defence witnesses testified in the Akayesu case; 22 Prosecution witnesses in Rutaganda case and 51 Prosecution witnesses in the joint Kayishema-Ruzindana case have testified.
Updated on 83 July 199B NB: For more information please contact Bocar Sy, or Danford Mpumilwa through our E-Mail address: pubiicaun.org or Tel: 1 212 963 2830 or 255 57 4367-72 Fax: 1 212 953 2848 or 255 57 4000/4373 Arusha WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS 26--08 '98 17:49 FAX 1 2129632848 49 ICTR ARUSHA 12)016
-o Dl at a> VHSllSV 80/9S 0> B) CO O. 8t8SC96ZTS T XVd TS:iT 86, 80/92 8TO® vHsnav HIDi SWcs,, ___ .. .. _...... •-••"• S1019 26/08 '98 17:52 FAX 1 2129632848 49 ICTR ARUSHA UNITED NATIONS *r~# NATIONS UNIES International Criminal Tribunal for Rwanda Tribunal penal international pour le Rwanda Press and Public Affairs Unit Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania Tel: 255 57 4207-1 1/4367-72 or 1 212 963 2850 — Faa: 255 57 4000/4373 or 1 212 963 2848 Press Release ICTR/INFO-9-2-133 Kigali, 24 July 1998 UN TRIBUNAL REGISTRAR MEETS RWANDAN VICE-PRESIDENT PAUL KAGAME The Registrar of the International Criminal Tribunal for Rwanda (ICTR), Mr. Agwu Ukiwe Okali, met today with Rwandan Vice-President and Minister of Defence, Major-General Paul Kagame in Kigali. "We are partners in this situation", said Major-General Kagame during the meeting. He expressed his pleasure at Mr. Okali's visit and reiterated his strong support and that of his government for the Rwanda tribunal. The Rwandan leader noted that the Tribunal had made significant progress in its work under difficult circumstances, and offered any further assistance the Tribunal might require of the Rwandan government. Mr. Okali briefed Vice President Kagame on the progress of the Rwanda Tribunal, including the imminence of the Tribunal's first judgement, expected in August 1998 in the case of Jean-Paul Akayesu, the Bourgmestre of Taba Commune in Gitarama Prefecture. Mr. Okali also informed Major-General Kagame that the Tribunal also expects to deliver its sentence on Mr. Jean Kambanda, former Prime-Minister of Rwanda, at the end of August 1998. Mr. Kambanda had pleaded guilty to genocide and crimes against humanity before the Tribunal on 1 May 1998. Mr. Okali's meeting with Vice-President Kagame is an important indication of the greatly improved relations between the ICTR based in Arusha, Tanzania, and the government of Rwanda. The senior UN Tribunal official has been on a one week working visit to Rwanda since Monday 20 July 1998. In the course of his visit Mr. Okali has met with senior officials of the Rwandan government, the media, and representatives of civil society including victims of the 1994 genocide 26/08 '98 17:53 FAX 1 2129632848 49 ICTR ARUSHA @]020 International Criminal Tribunal for Rwanda Tribunal Penal International pour le Rwanda NATIONS UNIE5 • Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzanfa Tel: 235 57 4207-11/4367-72 or 1 212 963 2850—Fax: 255 57 4000/4373 or 1 212 963 23«S THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA SUCCESSES AND CHALLENGES The International Criminal Tribunal for Rwanda was established by the United Nations Security Council in Novemebr 1994 to bring to justice "persons responsible" for the genocide and other violations of humanitarian law in Rwanda in 1994. The seat of the tribunal (Arusha, Tanzania) was decided by the Security Council in February 1995, its judges were elected in May 1995, and physical accomodations for the court and its staff were acquired from the Governmet of Tanzania in October 1995. Thus, the Tribunal commenced its operations in November 1995. How has the tribunal fared in the pursuit of its mission? judicial Issues • Bigjfisk The ICTR has the "big fish" alleged ringleaders of the genocide in its custody - the ex-Prime Minister Kambanda and three former Ministers, Andre Ntagerura, Pauline Nyiramasuhuko (the first woman to be indicted by an international criminal tribunal) and Theoneste Bagosora, and several other senior political, military and media leaders. This accomplishment ensures that "those responsible" for the genocide will be brought to justice. That is the fundamental barometer of the success of any international penal tribunal. • Additionally, in June 1998, a number of other suspects who were also senior officials of Rwanda's Interim Government at the time of the genocide were arrested in some West African countries at the Tribunal's request and transferred to the seat of the Tribunal at Arusha in July. They include: Mr. Mathieu Ngirumpatse, former President of the ruling political party at the time, MRND (National Revolutionary Movement for Democracy and Development), Mr. Edouard Karemera, former Minister of the Interior and former Vice-President of MRND, and Mr. Joseph Nzirorera, former President of the National Assembly and Secretary-General of MRND. An indicted individual, Mr. Emmanuel Bagambiki, former Prefect (Governor) of Cyangugu region, was also arrested and transferred to Arusha. 26/08 '98 17:53 FAX 1 2129632848 49 ICTR ARUSHA El 021 Kambanda: In a historic event former interim Prime Minister Jean Kambanda pleaded guilty to six counts of genocide and crimes against humanity at his initial appearance before the Rwanda Tribunal on 1 May 1998. The Tribunal will deliver sentence on him on 4 September 1998. His plea is significant at three levels:- (a) it is the first time in history anyone, let alone a Head of Government, has pleaded guilty to the crime of genocide before an international tribunal; (b) it has the potential to contribute to the long term healing process in Rwanda and has reverberated throughout Rwandan society; (c ) it reinforces the Tribunal's potential as an instrument for national reconciliation in Rwanda, and its relevance, effectiveness and credibility as an international court of justice, The Rwandan Government has welcomed this event as "a big deal", congratulated the Tribunal, and reaffirmed its support for the Tribunal. Akayesu: The judgement in the Jean-Paul Akayesu case will be delivered on 2 September 1998. It will be the first judgement on genocide by an international tribunal, and will lay down an important precedent in international law and for the permanent International Criminal Court established at an international conference in Rome in July 1998. Pace of Trials: ICTR began its work in November 1995 (although it was created "on paper"by Security Council resolution a year earlier in November 1994) because there were no facilities on the ground before then. The Tribunal has therefore been in actual existence for just over two and a half years. judgements in four cases ( Akayesu, Clement Kayishema/ Obed Ruzindana, Jean Kambanda, and Georges Rutaganda) will be delivered this year, which also happens to be the end of ICTR's first mandate. (At the end of its first four-year mandate in 1997, the Tribunal for the former Yugoslavia at the Hague had completed one trial). Several other trials will begin later this year. The construction of a second courtroom which became operational on 29 September 1997 has greatly facilitated the pace of trials. The recent decision of the Security Council to establish a Third Trial Chamber for the ICTR will also significantly increase the pace of trials. This Chamber should be operational by the beginning of 1999. •- - 26/08 '98 17:54 FAX 1 2129632848 49 ICTR ARUSHA i]022 • Furthermore, at the Fifth Plenary session of the Tribunal's Trial and Appeals Judges held from 1-8 June 1998, several measures were adopted to speed up the pace of cases before the tribunal. These measures include combining judgement and sentencing into one and not two separate procedures (but this will not be applied in the Akayesu judgement); giving the Judges more powers to control interrrogations of witnesses during trials to avoid needless delays; enabling the admission into evidence of written testimonies of expert witnesses without oral hearing of the witness, with the agreement of the opposing party; and the holding of conferences before the presentation of evidence by either party, during which the parties may be ordered to outline contested and non-contested issues in order to allow Judges to shorten examination of some witnesses, or to reduce the number of witnesses to be allowed to prove the same facts. Enforcement of Sentences • This is the Tribunal's greatest contemporary challenge. While States have generally cooperated with the Tribunal in the location, arrest and surrender of accused persons and suspects, the Tribunal has not received the same degree of cooperation on the issue of enforcement of sentences. • Some European countries (Belgium, Sweden, Switzerland, Norway) have indicated a willingness to accept ICTR convicts, but some of these offers (e.g. Sweden and Switzerland) have been conditional on effective nationality and residential links between the would-be convicts and these countries. • The Tribunal would prefer that those it may convict should, as far as possible, serve their sentences in African countries. A number of African countries have indicated a willingness to assist in this regard, and the Tribunal is negotiating with these countries. However, some of these countries have indicated their need for financial support from donors to enable them bear the cost of improving their prison facilities or constructing new ones for this purpose. Administration and Management • The Tribunal's operations have vastly improved in efficiency and effectiveness over the past year and a half since the UN Secretary-General appointed a new senior management for the court following a critical audit report by the UN's Office of Internal Oversight Services (OIOS) in February 1997. The management, headed by the new Registrar, has resolved most .of 26/08 '98 17:55 FAX 1 2129632848 49 ICTR ARUSHA 111023 the problems the Tribunal faced in its early phase. A second, follow-up audit report on the Tribunal by the OIOS on 6 February 1998 concluded that "substantial improvements have been recorded in virtually every area of the Tribunal's operations" since the first OIOS audit report in February 1997. All the recommendations of that first report have been systematically Implemented by the Tribunal's new senior management. During his recent visit to the Tribunal in May 1998, Secretary-General Kofi Annan stated that he was satisfied with the tremendous improvement made by the ICTR in the past six months. Challenges and problems remain, as in any organization. Add to this the fact that the Tribunal is undertaking a mission for which there is no precedent - a complex task in very difficult circumstances, and a balanced and more complex picture emerges. Continuous efforts are being made to overcome these problems. Many of the Tribunal's difficulties are inherent in the infra structural environment in which it is located and in which it has to operate and thus are no fault of the Tribunal's, Viewed objectively against this background, the Tribunal's achievements are all the more remarkable. ICTR/21 August 1998 26/08 '98 17:55 FAX 1 2129632848 49 ICTR ARUSHA i]024 International Criminal Tribunal for Rwanda Tribunal Penal International pour le Rwanda 3 NATIONS NATIONS UNIES Arusha International Conference Centre P.O. Box 6016, Arusha. Tanzania Tel: 255 57 4207-11/4367-72 or 1 212 963 285O—Fax: 255 57 4000/4373 or 1 212 963 2B4S STATE COOPERATION AND JUDICIAL ASSISTANCE - THE EXPERIENCE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR) Introduction The question of State Cooperation is particularly relevant to the ICTR because all the accused persons presently in its custody were arrested in, and transferred to the Tribunal from, States other than Rwanda, where the violations of humanitarian law being prosecuted by the Tribunal largely occurred. ICTR sees State Cooperation with the Tribunal as comprising three main aspects. The first is the State Cooperation and Judicial Assistance requested in Article 28 of the Statute of the Tribunal, which deals mainly with the process of justice before the trial begins. The second aspect is the post-trial phase of the enforcement of sentences. A third practical aspect which has emerged in the experience of the Tribunal is cooperation regarding the transfer of witnesses. Legal Basis Security Council resolution 955 of 8 November 1994, which established the Tribunal, was adopted by the Council acting under Chapter VII of the United Nations Charter. Security Council resolutions are binding on all U. N. Member States. This sets a fundamental stage for Article 28 of the Statute of the ICTR. Article 28(1) provides that States shall cooperate with the Tribunal's investigations and prosecutions of accused persons. Article 28(2) requires States to comply without undue delay with requests for assistance or an Order of a Trial Chamber on the identification and location of persons, taking of testimony and production of evidence, service of documents, arrest or detention of persons, and transfer of the accused to the Tribunal. The language in Article 28 is mandatory. With regard to Article 2,6 (enforcement of sentences), however, the language of the Statute is discretionary, making cooperation on the enforcement of sentences 26/08 '98 17:55 FAX 1 2129632848 49 ICTR ARUSHA 3)025 a matter of choice for States. Article 26 states: "Imprisonment shall be served in Rwanda or any of the States on a list of States which have indicated to the Security Council their willingness to accept convicted persons . . . Such imprisonment shall be in accordance with the applicable law of the State concerned, subject to the supervision of the Tribunal." Prt^Trial Cooperation and Judicial Assistance Cooperation of States with the ICTR in this regard has progressively improved over the past two years. Some states have adopted enabling domestic legislation for cooperation, e.g. Australia, Austria, The United States/ Belgium, Norwayand Sweden. The attitudes of various countries to cooperation with the Rwanda Tribunal have been expressed through a mixture of such enabling legislation and executive action by countries - in the latter case mainly by countries in which treaties, including the U. N. Charter are self-executing. In countries with enabling legislation, the implementation of requests or orders of the Tribunal have met on a few occasions with challenges posed by the complex judicial processes which ensure due process for the accused. This has been the case in the matter of Elizaphan Ntakurutimana, indicted by the Tribunal for genocide and presently detained in Texas, USA, pending surrender to the Tribunal- Although a United States District Judge in Texas had ruled on 17 December 1997 to deny the U.S. Government's request for Ntakirutimana's surrender to the Rwanda Tribunal, on 5 August 1998 another U.S. Judge granted the American Government's request for surrender, and ordered the surrender of the accused person to the Rwanda Tribunal. Of the 26 accused persons and five suspects detained in the United Nations Detention Facility in Arusha, 6 persons were arrested in and transferred from Cameroon, 3 from Zambia (which was the first country to surrender accused persons to the Tribunal) 10 from Kenya, 2 from Belgium, one from Switzerland, two from Cote d'lvoire, two from Togo, one from Burkina Faso, one from Mali, and another from Benin. The ICTR's experience with African countries, where a large number of suspects are believed to be residing, has been that most of them have so far extended effective cooperation to the Tribunal in the location, arrest and surrender of accused persons through executive action. This certainly was the case with Kenya, where 7 accused persons including ex-Rwandan Prime Minister Jean Kambanda were arrested in July 1997 and transferred to the Tribunal. The surrenders from Cameroon were also made possible by a Presidential Decree. 26/08 '98 17:56 FAX 1 2129632848 49 ICTR ARUSHA g]026 Facilitation of Witness Travel Facilitating travel of witnesses in cases before the Tribunal who are refugees in various countries is another aspect of State Cooperation that is important in the Tribunal's operations. Many of these witnesses do not possess legal papers in their countries of residence. How to bring them to Arusha for trials and return them? The Tribunal continues to experience difficulties in this regard because some countries have not cooperated to the Tribunal's satisfaction. However, the Witness Support Section of the Tribunal has been able to persuade one African country to develop travel documents to overcome this problem. We hope to use this as a possible model that other countries can adopt Notably, Senegal has recently cooperated with the ICTR in the transfer of 8 witnesses to Arusha for testimony in cases before the Tribunal. Enforcement of Sentences This is the biggest contemporary challenge facing the Tribunal. Two cases have now been completed, with judgement scheduled for early September 1998. In addition, one or two other judgements are likely to be rendered before the end of the year. If the accused are found guilty, where will they serve their sentences? On 7 April 1997, the Secretary-General of the United Nations addressed a Note Verbale to Member States requesting an indication of whether they would be prepared to enforce prison sentences pursuant to Article 26 of the Status of the ICTR, So far, the Tribunal has not received many encouraging offers. Norway and Denmark have indicated their willingness to host as prisoners - persons convicted by the Tribunal. Some countries, such as Sweden, made conditional offers. The Tribunal has recently received from some African countries indications of willingness to host ICTR convicts. ICTR has prepared and is negotiating draft agreements on enforcement of sentences with these Governments. Some of these discussions are at an advanced stage. However, some of these African countries have expressed their need for financial support from donors to enable them meet the costs of enforcing the Tribunal's sentences - costs involved in upgrading existing prison facilities or constructing new ones for this purpose, for instance. Conclusion State cooperation and judicial assistance to the ad hoc tribunals is an essential requirement for their success. That success will have important implications for a permanent International Criminal Court. Although the Rwanda Tribunal has seen steadily improving cooperation from States in the pre-trial phase of its judicial activities, there is much room'for improvement in the level of cooperation with the. 26/08 '98 17:57 FAX 1 2129632848 49 ICTR ARUSHA E]027 Tribunal in the context of enforcement of sentences. The ICTR urges Member States, in particular African countries to offer increased assistance in this regard. Given that the ad hoc tribunals have a Chapter VII enforcement mandate and yet have experienced numerous challenges, will the ICQ which has been established by treaty and will have complementary jurisdiction to national courts, have a tougher time with State Cooperation? It can only be hoped that, inherent in the state consent that goes with the signature and ratification of the treaty, is the political will and legal determination to make the mechanisms of international criminal justice workable on the ground. ICTR/21 August 1998. 26/08 '98 17:57 FAX 1 2129632848 49 ICTR ARUSHA 1)028 International Criminal Tribunal for Rwanda Tribunal Pdnal International pour le Rwanda OFFICE OF THE REGISTRAR BUREAU DU GREFFIER Arusha International Conference Centre P.O. Box 6016. Arusha. Tanzania Tel: 255 57 4207-11/4367-72 or 1 212 963 2850—Fax: 255 57 4000/4373 or 1 212 963 2848 Status of Implementation of the Recommendations of the Audit Reports of the United Nations Office of Internal Oversight Services (OIOS) on the International Criminal Tribunal for Rwanda Background The OIOS conducted an investigation into the operations of the International Criminal Tribunal for Rwanda in late 1996, and subsequently published its findings and recommendations in a report dated 6 February 1997 (UN General Assembly document A/51/78). This report was critical of the Tribunal's management (The Registry) and the Office of the Prosecutor in Kigali. It states that "In the Tribunal's Registry not a single administrative area functioned effectively", and that "the Office of the Prosecutor in Kigali had administrative, leadership and operational problems". As a result of the findings of this report, the Tribunal's first Registrar, Mr. Andronico Adede, and its first Deputy Prosecutor, Mr. Honore Rakotommana, resigned. The Secretary-General of the United Nations appointed Mr. Agwu Ukiwe Okali as Registrar effective 1 March 1997, and Mr. Bernard Muna as Deputy Prosecutor in April 1997. A few months after the appointment of the Tribunal's new senior management, the OIOS in late 1997 conducted a follow-on review of the Tribunal's operations, and published, a second audit report on the Tribunal dated 6 February 1998 (UN General Assembly document A/52/784). This report noted in its overall assessment that "substantial changes have occurred in the Tribunal since the review by the Office of Internal Oversight Services in 1997", and further stated that "improvements were observed in virtually every area surveyed by the team of investigators and auditors". In light of the foregoing, the following information is provided on the implementation of the recommendations of the OIOS in its 1997 and 1998 reports. Together with several other actions and initiatives undertaken independently of the OIOS reports, these have led to great progress in the operations of the Tribunal in all spheres - judicial and administrative. 26/08 '98 17:58 FAX 1 2129632848 49 ICTR ARUSHA 13029 Status, of Implementation of the 26 Recommendation? of the OIQS Report of 6 February No Recommendation Status 1 The Department of Administration and Management should be Implemented and the designated Secretariat department to serve a$ a source of ongoing support and guidance to the Registry. 2 The Tribunal for Rwanda and the Tribunal for the former Implemented and Yugoslavia should facilitate and foster their mutual relationship. ongoing Common expertise should be shared, as is already the case, for instance, with the legal expertise of the Prosecutor through joint indictment reviews and legal analysis. Simitar contact at the investigative level would be useful both in the development and articulation of strategies andJn operational matters such as the use of informants. 3 The Tribunal for the former Yugoslavia, began earlier and with Implemented and a more established Registry, should serve as a useful model as ongoing well as a relevant contact for- issues still unresolved in the Registry in Arusha. 4 The Tribunal, with the assistance of the Office of Legal Affairs, mplemented and should set forth clearly the role, scope and reporting ongoing relationships of the Registrar, within the definitions established by the statute, so that the independence of the Chambers and the Office of the Prosecutor are fully recognized and the service function of the Registry is emphasized and guided. 5 The President of the Tribunal should supervise the activities of Implemented with the Registry as provided by the Tribunal's Rules of Procedure revisions and Evidence. This would include approval of the travel of the Registrar. 6 A Deputy Registrar with substantial experience in court Implemented management should be appointed expeditiously. 7 The Registrar should establish regular meetings with the Implemented and President of the Tribunal and the Deputy Prosecutor in order to ongoing discuss his client's needs and solve potential problems. 8 The Registry should establish adequate internal controls to Implemented and ensure that the United Nations rules and regulations are ongoing enforced, particularly as to cash management, payroll, entitlement, procurement, personnel actions and financial information. 9 The Administrative Office in Kigali should be upgraded and Implemented authority should be delegated so as to enable the Administrative Officer to provide all day-to-day administrative services to fhe Office of the Prosecutor. 26/08 '98 17:58 FAX 1 2129632848 49 ICTR ARUSHA B1030 10 The Registrar, with the support and assistance of the Implemented and Department of Administration and Management, should fill key ongoing positions with qualified staff who have the professional expertise and experience needed to operate the various functions effectively and efficiently. In the recruitment, language skills in English and French, the two working languages of the Tribunal, should be given more attention. An increase in the number of international posts should be considered. 11 The Registry, with the assistance of the Office of Legal Affairs, Implemented and should seek a written agreement with the host Government ongoing stipulating the detailed terms and conditions for construction and use of the detention facilities in Arusha. 12 The Registry should establish procedures to ensure that Implemented and contribution in kind are accounted for an utilized in conformity ongoing with United Nations rules and regulations and with donor's intentions, and the Registrar and the Prosecutor should have full knowledge of all such agreements. 13 The Registry should operate dollar bank accounts in both Implemented Arusha and Kigali in order to minimize cash payments and cash holding by issuing cheques to staff and vendors. 14 The Registry, with staff and resource assistance from the Implemented Secretariat, should take immediate measures to ensure that the accounts are corrected, backlogs in financial reporting are settled and all staff members are entered into the payroll system. 15 The Registry should immediately initiate recovery of overpaid mp lamented salaries and entitlement. 16 The posfs "borrowed" by the Registry should be returned to the Partially Office of the Prosecutor and filled without delay. mplemented 17 The Prosecutor should select as Deputy Prosecutor a person mplemented with substantial leadership skills and relevant experience in the running of a prosecutorial office and the directing of significant criminal investigations. 18 The Prosecutor, with the assistance of the Office of Human Implemented and Resources Management, should select experienced criminal ongoing trial lawyers, particularly those with experience commensurate with the institutional requirements of the Tribunal, to be recruited on an expedited basis. 19 The Prosecutor, with the assistance of the Office of Human Implemented Resources management, should provide the existing senior trial attorneys with sufficient training. Close supervision is necessary to determine whether they can be ready to try these most critical criminal cases. 26/08 '98 17:59 FAX 1 2129632848 49 ICTR ARUSHA 20 Senior investigative posts should be held by staff who are fully Implemented responsible and accountable to the Prosecutor and the United Nations. The Prosecutor should select, and the Registrar should recruft with the assistance of the Office of Human Resources Management, experienced investigators with the necessary experience and skills to supervise and conduct the investigations. 21 The decision to share the few forensic investigators with the Implemented Office of the Prosecutor for the former Yugoslavia should be considered by the Prosecutor, as it may delay the substantial work still to be done in Rwanda. The funding for this specialized function should be developed by the Registry In consultation with the Prosecutor. 22 The Prosecutor should take urgent steps to enlist the services Implemented and of intelligence analysts with strategic experience to coordinate ongoing the strategy so that leads are developed, assessed and prioritized. 23 The Registry should give priority to security in both Kigali and Implemented and Arusha, including filling existing vacancies and increasing the ongoing number of posts to meet new needs created by the expanding witness programmes and the commencement of trials. 24 Given the difficulties caused by the absence of necessary law Implemented office resources in Kigali, the Office of the Prosecutor in The Hague and the Office of Legal Affairs should provide more structured support while the Registry seeks additional funding. 25 As observed by the Advisory Committee on Administrative and Not implemented. Budgetary Questions (A/49/7/Add. 12 of 10 March 1995), the (The various Victims and Witnesses Unit now in the Registry should be organs of the located within the Office of the Prosecutor. The Unit should be Tribunal in run by experienced personnel with the necessary training in this consultation with specialized area. As most of the witnesses speak Kinyarwanda, the United Nations at least some staff with knowledge of this language will be Legal Counsel critical. The needs of defence witnesses which could not be agree that the appropriately handled by the Office of the Prosecutor could be Victims and delegated to the official in the Registry who administers alt Witness Unit should defence-related matters and who could then call upon the remain within the experience of the Witness Protection Unit of the Office of the Registry). Prosecutor as appropriate. 26 The Registrar should promptly establish a post-trial programme, Partially given that the first witnesses have already testified in the first implemented trial. The Prosecutor, in consultation with the Office of Legal Affairs, may develop a programme that can utilize the seriously underutilized Trust Fund. 26/08 '98 18:00 FAX 1 212963284S 49 ICTR ARUSHA 121032 Status of Implementation of the 9 Recommendations of the OIOS Report of 6 February/I 998 No Recommendations Status The vacancies in both the Registry and the Office of the Implemented Prosecutor continue to affect the ability of the Tribunal to function as fully as the mandate requires and should be filled promptly with qualified staff. In the Registry, that should include the appointment of a Deputy Registrar and other courtroom personnel who are fully experienced in courtroom management. For the witness protection programme, it is recommended that the Registrar seek the assistance of Member States in identifying those with the unique and essential experience of protecting witnesses in criminal trials. Further, it is recommended that the Registry request the press officers at both Headquarters and the Tribunal for the former Yugoslavia to assist in defining the necessary press experience and skills and in the selection of qualified staff. (CS97/134/001) Because the Deputy Prosecutor is regularly engaged in high- Not implemented. level discussions with Governments in connection with the Reclassification of investigations that he undertakes on behalf of the Prosecutor, the post of Deputy who is classified as an Under-Secretary-General, it is Prosecutor (of the recommended that his post be redassified at the level of rank of Director, Assistant Secretary-General. (CS97/134/002) (D-2) is outside the scope of the administrative authority delegated to the ICTR The Chief Finance Officer, who is responsible for the Implemented •mplementation of the financial rules of the United Nations, violated the rules and personally interfered in the procurement process, although with no evidence of personal benefit, in obtaining goods and services for the Tribunal. Therefore, he should be advised against future violations or other interference in the procurement process. (CS97/134/003) 26/08 '98 18:00 FAX 1 2129632848 49 ICTR ARUSHA 111033 The legal adviser to the Registrar should be a person of sound Not implemented. legal judgement. As such, the incumbent should be reassigned The allegation from his current function for becoming involved in the exchange against this staff of private funds with defence counsel. (CS97/134/004) member was the subject of an investigation which is now concluded, and which completely exonerates the staff member concerned. The result of this investigation has been forwarded to the OIOS. The Finance Assistant whose termination was recommended in The Registrar has the prior report for having taken double salary advances until appointed a Board found to have done so and who has further demonstrated his of Inquiry to unfftness for posts involving the management of Tribunal funds investigate this should be subject to appropriate administrative and disciplinary matter. This action. (CS97/134/005) inquiry is expected to be completed by the end of August The operation and utilization of the $7 million Trust Fund should P a r t i a I I be regularized by the development and implementation of implemented policies and procedures for the selection, evaluation and monitoring of projects and programmes that draw on those funds, which are contributed voluntarily by Member States. Such procedures should be developed by the Registrar in consultation with the President of the Tribunal and the Prosecutor and approved by the Department of management (CS97/134/006) The expenditure of funds for defence counsel fees reached Implemented nearly $1 million for the first nine months of 1997 and will increase in 1998 substantially. Therefore, it is recommended that guidelines be established promptly. In addition, the Registry should adopt the code of conduct for defence counsel devised by the Tribunal for the former Yugoslavia. ft is further recommended that consideration be given to revising rule 44 of the Rules of Procedure and Evidence to require that defence counsel have relevant experience. (CS97/134/007) 26/08 '98 18:01 FAX 1 2129632848 49 ICTR ARUSHA i]034 The Registry and the Office of the Prosecutor have Partially acknowledged difficulty in obtaining and managing the assets of implemented. (The the Tribunal, in part: because of limited staff and in part because recommendations of the conditions of service. However, ft i$ essential that the on asset Registry and the Office of the Prosecutor cooperate to ensure management and that the assets they have, including notably vehicles and purchases have computers, are properly apportioned and that their use is subject been fully to appropriate management controls. In addition, for those implemented. purchases made through Headquarters, it is recommended that Those relating to Headquarters keep to the schedules established for each step of the Local the procurement process, from the solicitation of bids to the Committee on delivery of merchandise and services. Further, the Local Contracts have yet Committee on Contracts, which in the view of the Office of to be Internal Oversight Services can provide meaningful safeguards implemented). against incorrect or improper procurement practices, should be expanded to include staff representatives of the other two functions and users, namely the Chambers and the Office of the Prosecutor. (CS97/134/008) It is the considered view of the Office of Internal Oversight Implementation is Services that neither of the facilities rented by the Tribunal ongoing provides adequate security or the type of space required for the Draper and effective fulfilment of the mandate of the Tribunal. As such, it is recommended that rather than spending the additional and substantial sums that would be required to make the existing facilities adequate, the Tribunal should consider the option of obtaining funding for a suitable facility in each of the host countries, which might include the sharing of space with other United Nations offices or, as appropriate, international organization offices. This would allow for the necessary level of security and confidentiality as well as for needed office and support space. (CS97/134/009) 26/08 '98 18:01 FAX 1 2129632848 49 ICTR ARUSHA International Criminal Tribunal for Rwanda ^. Tribunal Penal International pour le Rwanda Press & Public Affairs Unit Groupe de la Presse et des relations avec le public UNITED NATIONS NATIONS UK3EI Arusha International Conference Centre P.O.Boi 6016, Anjsfia, Tanzania - B.P. 6016, Arusha, Tanzanie Tel: 255 57 4207-11/4387-72 or 1 212 963 2350 Fax: 255 57 4000/4373 or 1 212 963 2S48/49 E-mail: [email protected] — Internet hRpJ/w«w,lcir.org PRESS RELEASE fnon official - for media information only) ___ ICTR/INFO-9-2^136 Arusha, 21 August 1998 » Judgement for Akayesu, Sentencing for Kambanda Scheduled for Early September he International. Criminal Tribunal for Rwanda (ICTR) will deliver judgement and sentencing in two separate cases before the Tribunal in the first week of September 1998 at the seat Tof the Tribunal in Arusha, Tanzania. Judgement in the trial of Mr. Jean-Paul Akayesu. former bourgmestre (district mayor) of Taba commune in the Gitarama Prefecture of Rwanda, will be rendered on Wednesday, 2 September at 9:30 a.m. Akayesu is charged with genocide, crimes against humanity and violations of Article 3 common to the Geneva Conventions. He pleaded not guilty to all the charges against him. The pre-sentencing hearing of Mr. Jean Kambanda, the former Prime Minister of Rwanda, is scheduled for Thursday, 3 September, at 9:30 a.m. (This new schedule supercedes the previously fixed date of 31 August 1998). Kambanda will be sentenced by the Tribunal the following day, 4 September 1998, at 9:30a.m. He had pleaded guilty to six counts of genocide and crimes against humanity during his initial appearance before the Tribunal on 1 May 1998. Both proceedings will be public. Judgement in Akayesu will be the first for the crime of genocide by an international tribunal anywhere in the world. Similarly making history, Kambanda's guilty plea to genocide charges was the first time anyone had pleaded guilty to genocide before an international tribunal. Media Advisory Representatives of the world press are invited to cover these events scheduled for 2 - 4 September. Members of the press are advised to contact the Tribunal's Press and Public Affairs Unit for accreditation by completing and returning the form below by Thursday 27 August 1998. NAME: ORGANISATION: NUMBER OF PEOPLE IN THE CREW: CONTACT NUMBERS: (Tel) (Fax) TYPE OF MEDIA: WILL BRING EDIT VAN: Yes No Please tick what is applicable WILL BRING SATELLITE UP LINK TRUCK: Yes No Please tide what is applicable. NB: for more information please contact Bocar Sy or Danford Mpumilwa through our E-Mail address: [email protected] or Tel: 1 213 963 2850 or 255 57 4367-72 Fax:1 212 963 26*8 or 255 57 4000/4373 Arusha WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL, ADDRESS 26-08 98 IS: 02 FAX 1 2129632848 49 ICTR ARUSHA [gj036 UNITED NATIONS Wm NATIONS UNIES International Criminal Tribunal for Rwanda Tribunal penal international pour le Rwanda Press and Public Affairs Unit Anuha International Confrrence Centre P.O. Ben 6016, Anuha, Tanzania Tel: 2SS 57 4207-11/4367-72 «r 1 211 M3 MSB—Fac 2SS SI 4000/4373 or 1112 963 ZS-W E-Mail: [email protected] PRESS RELEASE (fian official - for media information only) (SPECIAL PRESS RELEASE) ICTR/INFO-9-2-118 Arusha, 1 May 1998 EX-RWANDAN PRIME MINISTER JEAN KAMBANDA PLEADS GUILTY TO GENOCIDE n a historic event that accentuated not only the role of the International Criminal Tribunal for Rwanda as a court of justice but also as an instrument to Ifacilitate national reconciliation in Rwanda, Jean Kambanda, former Prime Minister of Rwanda, today pleaded guilty to the crime of genocide and other charges at his initial appearance before the Tribunal's Trial Chamber 1 comprising Judges LaYty Kama (Senegal), presiding, Lennart Aspegren (Sweden), and Navanethem Pillay (South Africa). Kambanda's confession of guilt before the Rwanda Tribunal in Arusha is the first time in history that an accused person has acknowledged and affirmed his or her guilt for the crime of genocide before an international criminal tribunal. The Indictment The indictment against Jean Kambanda, read out in a packed courtroom by the Registrar of the Tribunal, Mr. Agwu Ukiwe Okali (Nigeria), charged the accused with six counts of Genocide, Conspiracy to Commit Genocide, Complicity in Genocide, Direct and Public Incitement to Genocide, and Crimes Against Humanity by virtue of Articles 2 and 3 of the Statute of the Tribunal. Note: Inquiries on the Kambanda case should be directed to the Office of (he Registrar, attention Mr. Kingsley Mognalu, Legal Adviser. WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS 26/08 '98 18:03 FAX 1 2129632848 49 ICTR ARUSHA 111037 In a statement of the facts contained in the indictment against the accused, the Deputy Prosecutor of the Tribunal, Mr. Bernard Muna (Cameroon) averred that, Kambanda, as Prime Minister and Head of Government of Rwanda from 8 April 1994 to around 1 7 July 1994, presided over meetings of the Council of Ministers at which the massacres committed against Tutsi civilian population were discussed - but no action was taken to stop them. These meetings were attended by Pauline Nyiramasuhuko, then Minister of Family and Social Welfare, Andre Ntagerura, then Minister of Transport (and both presently in the custody of the Tribunal at its detention facility in Arusha), among others. Kambanda "failed in his duty to protect the security of the Rwandan population", the indictment stated. By his various acts and omissions described in the indictment, Jean Kambanda was charged with being responsible for the killing of and causing serious bodily or mental harm to Tutsi with intent to wholly or partially destroy an ethnic or racial group (Genocide); conspiring with Ministers of his Government, such as Pauline Nyiramasuhuko, Andre Ntagerura, Eliezer Niyitegeka and Edouard Karemera to commit Genocide; directly and publicly inciting genocide through his broadcast on the Radio Television Libre des Mille Collines (RTLM). Furthermore, Kambanda was responsible for the murder and extermination of civilians as part of a widespread or systematic attack against a civilian population on ethnic or racial grounds, and thereby committed Crimes Against Humanity. Kambanda Pleads Guilty Following the rendition of the indictment by the Registrar, the presiding judge of Trial Chamber 1 requested the accused to enter a plea of guilty or not guilty. Kambanda pleaded guilty on all six counts of the charges against him. He emphasised that he admitted his guilt "freely and voluntarily", with a full understanding of all the charges and the consequences of his pleading guilty. Jean Kambanda further stated that his plea was unequivocal, and affirmed having reached an agreement with the Prosecutor on all these considerations. The Trial Chamber, considering the factual and legal basis of the case against jean Kambanda, the latter's plea of guilty, and his agreement with the Prosecutor, formally pronounced Kambanda guilty of Genocide, Conspiracy to Commit Genocide, Direct and Public Incitement to Genocide, Complicity in Genocide, and Crimes Against Humanity. Note: Inquiries on me Kambanda case should be directed to the Office of the Registrar, attention Mr. Kingsley Moghalu, Legal Adviser. WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS 26/08 '98 18:03 FAX 1 2129632848 49 ICTR ARUSHA Si 038 .. .1 . -3- By pleading guilty to the charges against him, Jean Kambanda acknowledged, among others, that:- • As Prime Minister he exercised de jure authority and control over members of his Government, as well as over senior civil servants and senior officers in the military, including the PreYets - the highest level Government officials in the Prefectures (regions), • He participated in the dismissal of Jean-Baptiste Habyalimana, the only Prefet of Tutsi origin, and replaced Habyalimana with another Prefet, which made possible the start of massacres of civilian Tutsi population in Butare. « Between 8 April and 1 7 July 1994 in Butare and Gitarama prefectures, Jean Kambanda distributed arms and ammunition to members of political parties, militias and the population, with the knowledge that these arms would be used in the perpetration of the massacres of civilians - the majority of whom were members of the Tutsi population. • On or about 21 June 1994, he spoke on RTLM and encouraged it to continue to incite the massacres of the Tutsi civilian population, specifically stating that this radio station was "an indispensable weapon in the fight against the^enemy". • At a Government meeting in Kibuye on 3 May 1994, chaired by him, a participant directly asked the Prime Minister how to protect children who had survived the massacres and who were at the hospital. Jean Kambanda offered no response, and none of his Ministers offered a satisfactory response. On the same day, after the meeting, the children were killed. • As Prime Minister, between 8 April 1994 and 31 May 1994, he ordered the setting up of road-blocks, with the knowledge that these roadblocks were used to identify the Tutsi and moderate Hutu, to separate and to eliminate them. Jean Kambanda acknowledged that he was near a roadblock located in front of the residence of Pauline Nyiramasuhuko, Minister of Family and Women Affairs, in May and June 1994, and that Pauline Nyiramasuhuko, with his knowledge, participated in the massacres committed in Butare. Kambanda's presence at the roadblock in front of Pauline Nyiramasuhuko's residence showed his support for the acts she was committing. Again, in his capacity as Prime Minister, Jean Kambanda failed in his duty to ensure the security of the Rwandan population. Note: Inquiries on the Kambanda case should be directed to the Office of the Registrar, attention Mr. Kingsley Moghalu, Legal Adviser. WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS 26/08 '98 18:04 FAX 1 2129632848 49 ICTR ARUSHA H1039 .1 •4- Pre-Sentencing Procedure and Penalties Jean Kambanda's plea of guilty and the acceptance of that p/ea by the Trial Chamber means that he will not have a trial, having waived that right A pre- sentencing procedure under the Rules of Procedure and Evidence of the Tribunal (Rules) will be the next step in the Kambanda case, followed by the imposition of a penalty by the Trial Chamber. Rule 100 of the Rules provides: "If the accused pleads guilty or if a Trial Chamber finds the accused guilty of a crime, the Prosecutor and the Defence may submit any relevant information that may assist the Trial Chamber in determining an appropriate sentence". Jean Kambanda, through his counsel, Oliver Michael Inglis and the Office of the Prosecutor have recorded their intention to individually file pre-sentencing briefs as envisaged in Rule 100. Following Jean Kambanda's Initial Appearance and his plea of guilty, the judges of Trial Chamber 1, the Registrar, the Deputy Prosecutor and the Defence held a Status Conference, during which they set the date of 31 August 1998 for the pre-sentencing hearing. Regarding penalties, Rule 101 (B) provides that, in determining the sentence, the Trial Chamber will consider such factors as the gravity of the offence and the individual circumstances of the convicted person, as well as such factors as, among others "any mitigating circumstances including the substantial co- operation with the Prosecutor by the convicted person before or after conviction". Jean Kambanda Jean Kambanda was born on 19 October 1955 in Gishamvu commune, Butare Prefecture, Republic of Rwanda. He was Prime Minister of the Government of Rwanda from 8 April 1994 until he left the country on or about 17 July 1994. An economist by training, Kambanda worked in the field of insurance and late became a banking official in the Banque Populaire. He was a member of the MDR (Mouvement democratique republicain) party, one of five political parties from which the 19 members of the Council of Ministers in Kambanda's Government were appointed three days after the plane crash in which Juvenal Habyarimana, former President of Rwanda, was killed. Kambanda had earlier served as the vice-president and later president of MDR in Butare. He is married and has two children. <•*><;••>••£»*> Note: Inquiries on the Kambanda case should be directed to the Office of the Registrar, attention Mr. Kirtgsley Mognalu, Legal Adviser. WE WOULD ALSO APPRECIATE RECEIVING YOUR E-MAIL ADDRESS 26/08 '98 18:05 FAX 1 2129632848 49 ICTR ARUSHA il040 UNITED NATIONS $®| NATIONS UNIES International Criminal Tribunal for Rwanda Tribunal penal international pour Ie Rwanda Press and Public Affairs Unit Arusha International Conference Centre . • P.O. Box 6016, Arusha, Tanzania Tel: 255 57 4207-11/4367-72 or 1 212 963 28SO—rax: 255 57 4000/4373 or 1 212 963 2848 E-Mail: [email protected] Arusha, 28 July 1998 The "Resignation" of Judge Lennart Aspegren of the United Nations International Criminal Tribunal for Rwanda (ICTR) - Facts and Fiction INTRODUCTION 1. Judge Aspegren has announced his "resignation" from the International Criminal Tribunal for Rwanda in a series of media interviews in Europe. He has not, however, as of date, submitted an official letter of resignation to tha President of the ICTR as required by the Tribunal's Rules of Procedure. As such, from the Tribunal's point of view, he has "resigned" to the media only. In his recent "resignation" announcement, reported by Reuters news agency on 17 July 1998, he cited "mismanagement and incompetent leadership" in the Tribunal's administration as the reason for his "resignation". The following background information and facts are pertinent to understanding the real reasons behind Judge Aspegren's media campaign against the Tribunal and the factual inaccuracies of his statements. BACKGROUND 2. Judge Aspegren, who has projected himself as a management expert, has repeatedly sought to assume supervision of the administration and management function in the Tribunal. Thus, on 28 May 1997 he wrote a proposal entitled 'The Judicial Work of the JCTR Affected by Some Remaining Administrative Problems: A Preliminary Study", in which he asserted authority to investigate, among other matters, the budget of the Tribunal and the composition of the staff, including the dates of their recruitment and the expiration of their employment contracts. This would contravene the conditions of service of the Judges of the ICTR (modeled on those of the Judges of the International Court of Justice at The Hague), under which a judge should have no administrative function. Furthermore, th& Statute and Rules of the ICTR gave responsibility for the administration and management of the Tribunal to a Registrar appointed by the Secretary-General. 3. When Judge Aspegren did not receive positive responses to his study, he evidently felt slighted. The failure "of his attempts to assume authority over the Tribunal administration is thus a principal motive for his frequent public attacks on the Tribunal's management. It will be recalled that, in a previous interview with Gemini News Agency published in April/May 1998, Aspegren stated; "we have struggled against a corrupt and incompetent administration. The administration has provided far more obstacles than services to the bench". He has not, however, provided a shred of evidence to substantiate the allegations he has made over the past several months. It would be-expected that anyone with evidence of wrongdoing would transmit such evidence to the appropriate authorities. 26/08 98 18:06 FAX 1 2129632S4S 49 ICTR ARL'SHA Eg] 041 -2- i "V 4. Judge Aspcgren stands alone in his assessment of the Rwanda Tribunal, which is making more progress than ever before. His colleagues the other judges of the Tribunal have unequivocally dissociated themselves from his statements and allegations against the management of the Tribunal. Contrary to the impression being created, the President and other Judges of the ICTR have repeatedly commended the Registrar on his efforts to support the judiciaJ work of the court, including the construction of a second courtroom, the provision of equipment such as fax machines and Internet access for legal research, 24-hour security personnel for the protection of the Judges, and the recruitment of personnel to assist the Judges in legal work, including that of a Swedish legal expert to assist Judge Aspegren in the preparation of judgements. 5. Judge Aspegren criticizes the performance and competence of Tribunal staff. But his commitment as a judge of the Rwanda Tribunal can be measured by the fact that, between January 1997 and January 1998, he spent a total of five months of paid vacation away from the Tribunal. Delivery of the Tribunal's first judgement, originally scheduled for July 1998, was postponed to August because Aspegren insisted on taking another vacation in July. 6. It is also apparent from Judge Aspegren's statements that he has considerable difficulty operating in, and accepting, a multicultural environment in an institution not managed by persons of his own background. This is evidenced by his constant allusion to how things are managed and operate in his country of Sweden. Indeed, at the recent Plenary Meeting of the Judges and the Registrar, the President of the Tribunal had to openly remind Aspegren, when the latter once again embarked on his unfavourable comparisons, that, as the President put it, "everyone here comes from some country". 7. Judge Aspegren has rriade a habit of accosting important visitors to the Tribunal, including the Secretary-General of the United Nations and a delegation of the National Bar Association of the United States, to give them negative comments concerning the ICTR. As part of his activities in this regard, he sent negative comments on the Tribunal to the UN Security Council during its consideration of the creation of a Third Trial Chamber for the ICTR, with a view to undermining the Tribunal's interests. 8. One result of this situation is to reveal a gap in the Tribunal's internal regulatory framework, namely, that there are no provisions for accountability for conduct unbecoming of the high office of a Judge of the ICTR. The notion of the independence of judges applies only to their judicial functions. It does not confer a license to slander UN staff members or resort to the deliberate dissemination of factual inaccuracies in the pursuit of unwholesome objectives. SPECIFIC CLARIFICATIONS The Reuters news report of 17 July 1998 ("Critical Swedish Judge to step down from Rwanda tribunal") makes several inaccurate statements attributed to Aspegren. A few examples will suffice. • "Recently, the chief lawyer Frederik Harhoff of Denmark resigned". Mr. Harhoff was not the Tribunal's "chief lawyer" and did not "resign". He was not a staff member of the ICTR, but a seconded personnel from the Government of Denmark who returned to his country following the expiration of the period of his secondment. He was replaced by Mr. Lars Plum from the same country, • Two independent reviews have voiced similar criticisms". The second audit report of the UN's Office of Internal Oversight Services (OIOS) dated 6 February 1998 stated that "substantial improvements have been observed in virtually every area of the Tribunal's operations". f* 26-' 08 '98 18:06 FAi 1 2129632848 49 ICTR ARUSHA i]042 "Of the 500 employees, some 20 are lawyers". The ICTR presently has a total of approximately 100 lawyers on its staff. It must also be noted that these 500 employees that are referred to include security staff for the judges and the operations of the Tribunal, locally recruited staff such as cleaners, cooks in the Tribunal's detention facilities, messengers, and so on. "We lack telephones, newspapers, are completely cut off'. Judge Aspegren has a satellite telephone in his office at the Rwanda Tribunal in Arusha. He also has access to newspapers and magazines from different parts of the world. All these facilities were provided by the Tribunal's administration. While the Tribunal's location in a small town in a developing.,country has presented infrastructural problems for the court, this situation cannot be blamed on the Tribunal's management. The decision to locate the court in Arusha was taken by the Security Council in its resolution 977 of February 1995. "We don't even have a reference library. We don't even have dictionaries". The ICTR has a reference library, equipped with Lexis/Nexis access for legal research. Substantial legal reference materials are being provided on an ongoing basis. A professional librarian has been recruited. All the judges have French and English language and law dictionaries provided by the Tribunal's administration. "Nothing of our efforts is passed on to the people of Rwanda. They don't even know we exist." Incidentally, at the time of the Reuters report, the Tribunal's Registrar, accompanied by several senior officials of the Registry, were on a working visit to Rwanda, during which he met with various ministers of the Rwandan Government (including the Vice-President and Minister of Defence, Major-General Paul Kagame), the Rwandan media, and victims of the genocide. The Rwandan Government and society expressed support appreciation for the Tribunal's work, in particular the Tribunal's effectiveness in bringing into custody and prosecuting the ringleaders of the genocide. They acknowledged that Rwandans had in recent months become increasingly aware of the Tribunal's work because they were receiving more information about the ICTR. (Several months ago. the Tribunal facilitated the establishment of a permanent bureau of Radio Rwanda at its seat of the court in Arusha. Radio Rwanda has thus been transmitting daily news programmes from the Tribunal to Rwanda in the Kinyarwanda language, greatly enhancing awareness of the Tribunal's work in that country). The information department [of the tribunal] even tries to prevent us judges from meeting reporters". As stated above, Judge Aspegren was elected to perform judicial functions, not to talk to reporters. That is a responsibility that belongs elsewhere in the Tribunal. Nevertheless, he has talked to reporters on several occasions. "Aspegren and several other judges are also concerned about how the 35 suspects and defendants detained in Arusha are treated. The suspects are allowed to see each other and use a computer to produce brochures which they can distribute to their supporters. They even have access to a telephone and can free of charge call supporters all over the world, Aspegren noted". The facilities available to ICTR detainees, such as telephones, are available to detainees in many other countries. However, procedures have always been in place to ensure that these facilities are not abused. Telephone calls of detainees are restricted to their family members and their lawyers. All calls, with the exception of conversations with their lawyers, are monitored. 26/08 '98 18:07 FAX 1 2129632848 49 ICTR ARUSHA 11)043 ,' - " UNITED NATIONS NATIONS UNIES International Criminal Tribunal for Rwanda Tribunal pfcnal international pour le Rwanda Press and Public Affairs Unit Arusha Internationa) Conference Centre P.O. Bo* 6016, Arusha, Tanzania Tel; 255 57 4207-11/4367-72 or 1 212 963 2850—Fax: 255 57 4000/4373 or 1 212 963 2848 E-Mail: [email protected] ICTRMNFO-9-3-003 Arusha, 28 July 1998 * STATEMENT BY JUDGE LAITY KAMA PRESIDENT OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA he recent statements reportedly made by Judge Lennart Aspegren to a Swedish newspaper, concerning in particular the administration of the International Criminal TTribunal for Rwanda (the "ICTR"), and as reprinted by press agencies such as Associated Press and Reuters, surprised his colleagues, the other Trial Judges. As President of the ICTR. and with the consent of the other Trial Judges. I believe it is useful to provide the following clarification, so as to avoid any confusion. I would like first to make it clear that we do not wish to provoke a controversy with a colleague, whose right to freedom of expression and opinion we all respect, and who, consequently, should also understand that we cannot share in all respects the negative opinion he expressed on the ICTR administration. Clearly, the purpose of the Registry is to provide the necessary support for judicial activities so as to enable the Judges to accomplish the mission conferred upon them by the United Nations Security Council, namely, to prosecute and punish the perpetrators of the Rwandan tragedy of 1994, in order to bring an end to impunity and to encourage national reconciliation in Rwanda. The fact that the former administration did not carry out its task properly and efficiently is well-known and is what led to the nomination of a new Registrar in March 1997. Since his arrival, a spirit of cooperation has prevailed, which has led to appreciable changes in the Judges' working conditions. For example, a second courtroom has been constructed, which allows the two Trial Chambers to sit simultaneously, courtrooms have been air- conditioned and other necessary facilities have been provided: fax, e-mail, access to legal databases, and the recruitment of a librarian. In order to assist the Judges in conducting research for the drafting of the judgement that will soon be rendered, noticeable efforts have been made by the administration to provide temporary assistance to the legal team assisting Chamber I. In spite of major constraints due to the difficult environment in which it works, the Press and Public Affairs Section has been promoting the ICTR. and today, its mandate and judicial activities are much better known by the public, both in Rwanda and worldwide. The appearance of the former Prime Minister of the 1994 Interim Government in Rwanda was a major event covered by all the big international media agencies. Our hearings receive regular coverage in Rwanda, in particular by Radio Rwanda. Mention should also be made of the consistent support we continue to receive from Mr. Kofi Annan, Secretary-General of the United Nations, who has been firmly committed to the ICTR since taking office. This support has enabled us to make significant progress in the administration of justice and this progress has been hailed by both Mr. Annan and the Security Council, which decided to add three judges to the ICTR, comprising a third Trial Chamber, so as to enable the ICTR to render justice expeditiously. 26.-OS 98 IS: 08 FAX 1 2129632S43 49 ICTR ARUSHA ill 044 -2- "7 That being said, the situation is not perfect - far from it. Much remains to be done, fa particular, efforts must be made to improve the system for storing judicial records and court transcripts. With the prospect of inaugurating a third Trial Chamber at the ICTR in the near future, construction of the third courtroom must begin without delay, and more lawyers must be recruited at higher levels. However, in the quest to solve these problems, we feel it more appropriate to favour the path of cooperation over the kind of fruitless confrontation which has so poisoned the atmosphere at the ICTR in the past. As can be seen, our objective in setting the record straight was to demonstrate objectivity so that international opinion could be better informed of the situation at the ICTR. To date, 35 persons are being detained under ICTR jurisdiction, including former Ministers, high-ranking military officers and other people who were influential in Rwanda in 1994. This underscores the volume of judicial work still awaiting the judges. In any case, the judges understand that therein lies their sole priority and not elsewhere, and they are currently doing their utmost to deliver the decisions the world is anticipating as soon as possible. It is incumbent upon all of us at the ICTR to create the balanced environment necessary to the undertaking of justice which has been conferred upon us. In this respect, the judges must, remember their obligation to demonstrate restraint and to maintain composure and a sense of moderation at all times. Furthermore, we were sorry to leam through this interview, along with the rest of the world, that our colleague, Judge Aspegren, is contemplating leaving the ICTR at the end of this year. Under the Statute of the ICTR, a judge may indeed resign, and modalities have been stipulated to this effect. In conclusion, mention should be made of the historical importance of the mission entrusted to the International Criminal Tribunal for Rwanda. Only faith in our mandate and cooperation among all will enable us to fulfill this mission and to work together to render justice to the people of Rwanda and the international communrty.