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Ggip^Scr' August 20, 2003 it e n i RWANDAN NATIONAL FORUI\ AU6 2 6 2003 KAfF is a non - profit organization committed to pron otm Peace, Good governance and Development in Rwandt P.OBox3616Olathe, KS 66063. Phone (1) 913-636-0387. FAX (1) 913-390-(B&3 ggiP^Scr' August 20, 2003 To: His Excellency Kofi Annan United Nations General Secretary UN Plaza, S-3800, New York, NY 10017 USA Dear Mr. General Secretary, As you are considering appointing a new Chief UN Prosecutor for the International Criminal Tribunal for Rwanda (ICTR), we would like to make sure we all remember the mandate and mission of the ICTR and its relevance for peace and justice in Rwanda. The United Nations Security Council, after recognizing that serious violations of humanitarian law were committed in Rwanda, and acting under Chapter VII of the United Nations Charter, created the International Criminal Tribunal for Rwanda (ICTR) by resolution 955 of 8 November 1994. The purpose of that measure was to contribute to the process of national reconciliation in Rwanda and to the maintenance of peace in the region. Although it could also deal with the prosecution of Rwandan citizens responsible for genocide and other such violations of international law committed on the territory of neighboring States during the same period, the International Criminal Tribunal for Rwanda was mainly established for the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed on the territory of Rwanda between 1 January 1994 and 31 December 1994. Eight years after its inception, we must recognize that the Rwandan people as a whole are disappointed with the effectiveness and the fairness of the ICTR. The purpose of the ICTR, as stated above, was to contribute to the process of national reconciliation in Rwanda and to the maintenance of peace in the region. So far the opposite has occurred. Ethnic hatred, intimidation, disappearances and general lack of political freedom has gotten worse inside Rwanda and has even extended to the Democratic Republic of Congo. Despite the fact mat it is well known and documented that from January 1994 to December 1994 both the RPF (rebel group) and the Hutu extremists committed wide scale killings and other serious crimes; to date, not one single RPF member has been brought to justice. This situation has led many people to view the ICTR as an instrument of the Kigali regime to eliminate the Hutu elite and a symbol of the victor's justice. We truly hope and believe that the current Chief UN Prosecutor, Carla Del Ponte is being removed to increase the efficiency and impartiality of the ICTR as you have argued. But some published reports have suggested that Del Ponte is being removed to prevent her from prosecuting the members of the current Rwandan Government alleged to have committed mass killings and other serious crimes against the Hutu. If this were the case, it would be a grave miscarriage of justice that could have dramatic consequences in the future. It would only send wrong signals and agree with the argument of the extremists of both groups that "justice in Rwanda can only be achieved by a military victory". The Rwandan National Forum is joining its efforts with all other peace loving people to appeal to the members of the Security Council and to you, Mr. General Secretary to ensure that those who committed crimes against humanity, regardless of their region, ethnic rnim nr nnfitiral brought to justice. We believe that the current Chief UN Prosecutor, G of addressing that issue, that is why we believe it is wise to give hei mission. The UN Security Council should not fall into the trap of th< EQSG/CENTRA lobbying for the removal of Carla Del Ponte to maintain its impunity against the crimes it committed in Rwanda and in the Democratic Republic of Congo. We are convinced that by ending the RPF impunity then and only then can the children of Rwanda be at peace with each other and begin with the process of true healing and national reconciliation. Sincerely, Celestin Muhindura, RwandanNational Forum Email: [email protected] CC: His Excellency Mr. Inocencio F. Arias, President of the Security Council United Nations UN Plaza, S-3800, New York, NY 10017 H.E. Ambassador John Negroponte, United States Permanent Mission to the United Nations 7019 UN Plaza, New York, NY 10017 His Excellency UN Ambassador of France One Dag Hammarskjold Plaza, 245 Easter 47th Street, 44th Floor, New York, NY 10017 The UK Ambassador to the United Nations One Dag Hammarskjold Plaza, 28th Floor, 885 Second Avenue, New York, NY 10017 H.E UN Ambassador of Russia, Russian Mission at United Nations 136 East 67th St, New York, NY 10021 H.E. Ambassador Mr. WANG YINGFAN, Republic of Chine United States Permanent Mission 350 East 35th Street, New York, NY 10016 H.E Ambassador Dr. Gunter Pleuger, Permanent Representative of Germany to the UN 871 UN Plaza, New York, NY 10017 H.E. Mr. Koichi Haraguchi, Permanent Representative of Japan to the UN 866 United Nations Plaza, New York, N. Y 10017 H.E Ambassador ADOLFO AGUILAR ZINSER, Permanent Representative of Mexico to the UN Two United Nations Plaza 28th floor, New York, NY 10017 H.E. Mrs. Carla Del Ponte, Chief Prosecutor for the ICTR P.O. Box 4782, Grand Central Station, New York, NY 10017 Honorable MR. KENNETH ROTH, Executive Director of Human Rights Watch 350 Fifth Avenue, 34* floor, New York, NY 10118-3299 USA Honorable Executive Director Amnesty International 1 Easton Street, London WC1X ODW, London, England..
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