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ICTR NEWSLETTER Dec 2006—Jan 2007

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ICTR NEWSLETTER Dec 2006—Jan 2007 ICTR NEWSLETTER Dec 2006—Jan 2007 Published by the Public Affairs & Information Unit – Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda The Security Council Considers ICTR’s Completion Strategy cases involving between sixty-five and reported that during the same period, he President and the Prosecutor of T seventy accused persons by the end of several new trials had commenced as the ICTR on 16 December 2006 in New 2008, as envisaged in the ICTR planned. York provided an update to the UN completion strategy. Security Council on its completion The Prosecutor reported that there had strategy. In that regard, the President The President, Judge Erik Møse stated however been no arrest of fugitives and the Prosecutor both confirmed that that a total of 32 accused persons have during the said period. Justice Jallow the Tribunal is on schedule to complete now received further reported that he was confident judgments following that all ongoing trials as well as those their trials before the earmarked for trial in Arusha, save for ICTR. He stated that those relating to top level fugitives such another four judgments as Felicien Kabuga would conclude following recently during 2007 and 2008. concluded trials are expected soon. The The Prosecutor reported that his focus President reported that in the coming year will be geared nine trials, involving 25 towards the timely and efficient accused persons are conclusion of the ongoing trials, the currently in progress preparation of additional cases for trial, with several judgments the intensification of the tracking and due to be rendered in arrest programme, as well as the referral 2007. of cases to national jurisdictions. The President in his In that regard, the Prosecutor reported report also confirmed that it is proposed that 5 of the 9 Erik Møse (left), President of the ICTR and Fausto Pocar, President of that a total of nine detainees awaiting trial at the ICTR the Appeals Chamber and the ICTY together with 12 out of the 18 fugitives indicted The Public Affairs & Information by ICTR would be Unit wishes all our readers a Happy referred to the Republic and Prosperous New Year of Rwanda for trial whilst, the remaining 6 high-level fugitives are earmarked for trial in In this issue Arusha. Prosecutor & Registrar call on UN The Prosecutor also Secretary-General................................ 2 called upon the Security Appeals Chamber Concludes Hearing in Council to request Media Case.......................................... 2 The ACHPR: A Reality......................... 3 member states to Nigerian Institute of Advanced Legal cooperate in tracking Studies Visits ICTR.............................. 3 fugitives and to assist ICTR Judicial Activities ........................ 4 Hassan B. Jallow, Prosecutor of the ICTR (left) and with capacity building in News from The Hague......................... 6 Joseph Nsengimana (right), Permanent Representative of the Republic those countries such as Cooperation with the Great Lakes ....... 7 of Rwanda to the UN Rwanda which have ICTR Training....................................... 7 indicated their Visitors to the ICTR.............................. 7 detainees are currently awaiting trials. willingness to accept cases on referral Statements to the UN Security Council 8 Finally, the President reiterated the need from the Tribunal. ICTR Judicial Decisions....................... 11 for member states to cooperate in the arrest and transfer of all indictees still at The Prosecutor reaffirmed the Editor: Bocar Sy large to the ICTR, as well as to receive commitment of the Tribunal to attaining Associate Editor: Danford Mpumilwa acquitted persons. the completion deadlines. Finally, Layout/Design: Rani Dogra Justice Jallow paid tribute to the out- Contributions: Koffi Afande, Abigail In his report, the Prosecutor of the ICTR, going UN Secretary-General, H.E Mr. Eshel, Tania Gobena, Danford Mpumilwa, Mr. Justice Hassan Jallow reported that Kofi Annan for his support to the work of Ahmed Sow, Bocar Sy since his last report to the Security the Tribunal and his commitment to the Council in June 2006, five trials which struggle against impunity. E-Mail: [email protected] were ongoing during the said period have now been completed. He further Full text of speeches from p. 8 ICTR NEWSLETTER Dec 2006—Jan 2007 Prosecutor and Registrar Call on UN Secretary-General Kofi Annan, Sheikha Hava Rashed Al Khalifa and Ban Ki-Moon Appeals Chamber Concludes Hearing in the Media Case (left to right) Mr. Charles Adeogun-Philips, Justice Mr. Hassan Bubacar Jallow, HE Mr. Kofi Annan and Mr. Adama Dieng The Appeals Chamber of the United Nations International Criminal Tribunal for Rwanda on 18 January concluded hearings in the case of three media The Prosecutor of the ICTR, Mr. Justice Hassan executives who were convicted for genocide in 2003. Bubacar Jallow and the ICTR Registrar, Mr. Adama Dieng, on Thursday 14 December 2006 paid a courtesy call on the outgoing UN Secretary-General, H.E Mr. Kofi Annan at his office at UN Headquarters in New York. During the visit, Justice Jallow, who was also Nahimana, Barayagwiza & Ngeze accompanied by Mr. Charles Adeogun-Phillips, Senior Trial Attorney, congratulated H.E Mr. Annan on his Ferdinand Nahimana, founder of the Radio Télévision successful 10 year tenure as the UN Secretary- des Mille Collines (RTLM), Jean-Bosco Barayagwiza, General. high ranking board member of the Comité d’initiative of the RTLM and founding member of the Coalition for Describing the Secretary-General as a “pillar of the Defence of Republic (CDR), and Hassan Ngeze, encouragement, understanding and support to the also a founding member of CDR and editor of Kangura cause of International criminal justice”, Justice Jallow newspaper, were convicted for genocide, incitement to paid tribute to the Secretary-General’s commitment to commit genocide, conspiracy, and extermination and the fight against impunity. Justice Jallow also briefed persecution as crimes against humanity. On 3 the Secretary-General on the progress of the ICTR December 2003 Nahimana, and Ngeze were completion strategy and confirmed that the Tribunal sentenced to life imprisonment and Barayagwiza was was on schedule to complete its work as anticipated. sentenced to 35 years imprisonment. All three appealed their conviction. The Registrar of the Tribunal, Mr. Adama Dieng, also briefed the Secretary-General on a vast range of The Appeals Chamber, composed of Judges Fausto administrative and budgetary matters falling within his Pocar, presiding, Mohamed Shahabuddeen, Mehmet preview as Registrar. He also conveyed, to H.E Annan, Güney, Andrésia Vaz, and Theodor Meron held three the best wishes of all ICTR staff members. days of hearings in Arusha to hear evidence from a witness and oral arguments from counsel for the The Secretary-General expressed his satisfaction at the convicts and from the Prosecutor. achievements recorded by the ICTR to date. He also paid glowing tribute to the selfless service of the men and All the Defence teams requested that the convictions women who are involved in the work of the Tribunal and be annulled. In the case of Nahimana the Defence requested that his best wishes be conveyed to them. argued that the Prosecutor’s contention of conspiracy is not founded, that the definition of incitement has Earlier, the Prosecutor and the Registrar attended a been expanded beyond the existing international law session of the General Assembly for the tributes to applicable in 1994 and that the conviction entered by Secretary-General H.E Mr. Kofi Annan and the the trial chamber was based on a single element administration of the oath of office to Secretary-General brought forward by a contested expert witness. Designate H.E Mr. Ban Ki-Moon by the President of the General Assembly, H.E. Sheikha Haya Rashed Al Ngeze’s defence challenged all five convictions against Khalifa . him arguing one of the main witnesses recanted his 2 ICTR NEWSLETTER Dec 2006—Jan 2007 statement, and that he was convicted of incitement to Mr Dieng who participated in various panels during this commit genocide based on material published outside conference explained that the current number of the temporal jurisdiction of the Tribunal. judges, 7 instead of 11 as requested by the Statute of the African Court, risked weakening the many activities As for Barayagwiza the Defence called for the of ACHPR. He added that the ACHPR was established annulment of the judgment on the grounds that the precisely for the purposes of strengthening human tribunal lacked independence and impartiality, his trial rights protection in Africa, and that the absence of a was held in absentia which is prohibited by court had long constituted a major handicap to the international law and that Barayagwiza was effectiveness of human rights protection. represented by incompetent and negligent counsel. Furthermore Counsel argued that the Prosecutor failed During the two-day conference Mr Dieng also called for to fulfill the test for superior responsibility. the inclusion of a section to deal with corrupt African politicians in addition to the general affairs and, human The Prosecution on its part addressed the comments and people’s right sections. During that conference the brought forth by defence counsel. Firstly it addressed Registrar met with representatives of media houses to the issue of trial in absentia regarding Barayagwiza sensitize them on the work of ICTR which is an case, stating that the appellant could not have been example of achievements for journalists interested in forcibly brought to court as that would have violated his area of Human rights rights. The Prosecution also argued that incitement was synonymous with instigation, and that for the Television coverage of the conference and interviews crime of incitement to commit genocide, there is no of the Registrar were broadcast in various print and actual need for the crime to occur. Following this line it electronic media. In Accra, the ICTR also held an was argued that hate speech can per se constitute exhibition and screened the ICTR film documentaries.
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