ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda October 2008 Judge Dennis Byron’s Address to the UN General Assembly peace in Rwanda and the Great Lakes region and to ensure that violations of international humanitarian law are halted and effectively redressed. I have found it remarkable that this political institution considered that the attainment of such a political objective could best be achieved through a judicial process. I am sure that there were those who had questions and doubts about the ability of a judicial institution to address such objective. But, today, whatever system is employed to measure the success of the venture, there can be no doubt that peace has been restored and © UN Photo Library maintained in Rwanda, that there is a credible and ongoing process of On 13 October 2008 Judge Dennis Mr. President, Your Excellencies, national reconciliation, that many of Byron, President of the ICTR Ladies and Gentlemen, the violations have been addressed presented the 13th Annual Report and that some have been effectively of the ICTR before the United I am greatly honoured to address the redressed. Of course work remains Nations General Assembly distinguished members of the to be done, and circumstances have . General Assembly. I would like to given the Tribunal new tasks. But take this opportunity to extend my there can be no doubt that the Contents sincere congratulations to President Tribunal has been a central and Miguel d’Escoto Brockmann on your stabilising instrument that has made election as President of this major and lasting contributions to the ICTR Judicial Activities........................ 2 Honourable Assembly and to wish establishment of international justice, you a successful and fulfilling tour of peace and reconciliation that ICTR Judicial Decisions ...................... 4 duty. I would be grateful, Sir, if you currently prevail in the region. Interns’ Orientation Seminar................ 7 would permit me, with the greatest respect, to invite you to take a Among the most basic and most Protocol News ..................................... 7 special interest in the Tribunal as important of the Tribunal’s News from Kigali ................................. 8 timely action by the General achievements has been the News from The Hague ........................ 9 Assembly is pivotal to the completion accumulation of an indisputable of its mandate within the projected historical record, including testimony From a Staff Member .......................... 9 time frames. of witnesses, testimony of victims, UN Day Celebrations......................... 10 testimony of accused, documentary Approximately 14 years ago the evidence, video recordings and International Community responded audio recordings. This record was Editor-in-Chief: Roland Amoussouga to the serious violations of Senior Editor: Bocar Sy international humanitarian law … continued on p. 11 Associate Editor: Danford Mpumilwa committed throughout Rwanda which Editing/Layout/Design/Photos: Rani Dogra UPCOMING JUDGEMENTS: Contributions: Koffi Afande, Meer Bhandari, resulted in the killings of more than Roman Boed, Alessandro Caldarone, Charles 800,000 people and in other acts of Kamuru, Leontine Mabika, Danford Mpumilwa, violence, by establishing the Bikindi: 2 December 2008 Beatrice Pacini, Helge Zeitler International Criminal Tribunal for Bagosora et al.: 18 December 2008 Zigiranyirazo: 18 December 2008 E-Mail: [email protected] Rwanda. The Tribunal’s mandate has been to contribute to the process of national reconciliation and to the Please note that the dates may be subject to change restoration and maintenance of ICTR Newsletter October 2008 ICTR Judicial Activities Judicial Calendar—16 October to 31 October 2008 Case Bench Prosecution Defence Party presenting Courtroom (Lead Counsel his/here case only) Ndindiliyimana et al. Judges De Silva S. Jegede, TA C. Black Defence for CR III A. Ndindiliyimana (Pres.), Hikmet, M. Sefon, LA C. Taku Saguhutu F.-X. Nzuwonemeye Park A.Tambadou, ATA F. Segatwa (continued) I. Sagahutu F. Mushi, ATA G. Saint-Laurent A. Bizimungu Karemera et al. Judges Byron D. Webster D. Diagne Status Conference Laїty Kama E. Karemera (Pres.), Kam, A. Frankson- P. Robinson M. Ngirumpatse Joensen Wallace F. Weyl J. Nzirorera I. Morley S. N’Dow G. Visser S. Ballah-Conteh T. Sendze D. Mbuto Nyiramasuhuko et al. Judges Sekule A. Whest P. Boulé Defence for CR II E. Ndayambaje (Pres.), H. Makwaia M. Marchand Ndayambaje J. Kanyabashi Ramaroson, A. Alexis-Windsor N. Bergevin (continued) P. Nyiramasuhuko Bossa N. Marquis A. Ntahobali J. Kadji S. Nsabimana F. Pacere A. Nteziryayo Nshogoza Judges Khan R. Karagyesa A. Turner Status Conference Laїty Kama (Pres.), R. Mathenga Muthoga, Short A. Seye D. Mabura Work of the Trial Chambers and the Appeals Cases where referral to a domestic jurisdiction is Chamber pending Trial Chamber I The Chamber is seized of a further referral request pursuant to Rule 11 bis for the referral of the case of Ongoing trials Jean-Baptiste Gatete to a domestic jurisdiction, which will be decided when the Appeals Chamber has Setako decided on all three transfer cases which are currently The Chamber is heavily involved in judgment writing on appeal. (see below), and the case is scheduled to resume in early 2009, subject to courtroom availability. It is Trial Chamber II expected that the Prosecution case will require a session of no longer than three weeks to complete. Ongoing trials Nsengimana Nyiramasuhuko et al. (Butare) The Chamber has concluded the hearing of evidence On 20 October 2008 , Ndayambaje started his in this case. Closing arguments are scheduled for 20 testimony. His testimony was interrupted on 28 and 21 November 2008. October due to the illness of Accused Nteziryayo who could not be present in court. On 29 and 30 October, Cases where judgement delivery is awaited Prosecution Witness QA was recalled and further cross-examined. During this testimony, the Defence Bagosora et al requested the Chamber to initiate Rule 91 proceedings Deliberations in this case are ongoing. The judgement against the witness for false testimony. One more is scheduled to be delivered on 18 December 2008. factual witness for Ndayambaje remains to be heard. The remaining factual witness for Kanyabashi is Renzaho scheduled to testify from 3 November. The Chamber Deliberations in this case are ongoing. The Chamber has reiterated that the case must be closed by 14 will announce the date of judgment in due course. November 2008. The Chamber is currently seized of a Prosecution Motion for site visit and of eight Defence -2- ICTR Newsletter October 2008 motions, including a motion for exclusion of evidence difficulties raised by two of these four witnesses as to or recall of Prosecution witnesses. their availability to testify at a later stage before the Tribunal. The Chamber also notes that the two other Bizimungu et al. witnesses have expressed concerns as to their Since the close of proceedings on 13 June 2008, the security which could affect their future availability to Chamber continues to deliberate on the remaining testify. motions pending before it, including those concerning witness-related issues for the Prosper Mugiraneza As a result of these hearings, the Chamber will decide defence case. The Chamber conducted a judicial visit on how to proceed further with the trial proceedings. of certain sites in Rwanda between 5 and 10 October 2008, and the Prosecution filed its closing brief on 1 Nshogoza October 2008. The Defence teams are scheduled to The remaining obstacle to trial readiness concerning file their briefs between 10 and 21 November 2008. assignment of counsel to the Accused has now been The Chamber will sit to hear the Parties' closing resolved. After a pre-trial conference held on 22 and submissions during the week commencing 1 30 October 2008, the Presiding Judge adjourned the December 2008. case to 2 February 2009 for commencement of trial in order to provide the Defence with sufficient time for Military II preparation. Proceedings resumed on 20 October 2008 for the commencement of the case of the fourth co-Accused, Cases where referral to a domestic jurisdiction is Innocent Sagahutu. So far, 11 witnesses have been pending called by the Defence for Sagahutu. Kayishema On 23 October 2008, the Chamber issued a Decision Fulgence Kayishema is an accused at large. The on the Prosecution’s objections to Expert Witnesses Chamber is currently seized with a Prosecution motion Lugan and Strizek. On 24 October 2008, the Chamber for the referral of his case to Rwanda. Following granted in part a Prosecution Motion to vary the instructions of the Chamber of 2 May 2008, the Chamber’s Order of 22 September 2008 concerning Registrar has appointed Defence Counsel to represent the Prosecutor’s Rule 68 Disclosure Obligations. the interests of the Accused in his absence. The Cases where judgement delivery is awaited request for referral will be decided upon when the Appeals Chamber has decided the three transfer Rukundo cases which are currently on appeal. The Chamber is currently engaged in the judgement drafting. Cases where judgement delivery is awaited Trial Chamber III Bikindi The Chamber heard the closing arguments on 26 May Ongoing trials 2008. The Chamber is currently drafting the judgement which is scheduled to be delivered on 2 December Kalimanzira 2008. The Defence case will commence on 17 November 2008, as scheduled. Zigiranyirazo The Chamber heard the closing arguments on 28 and Karemera et al. 29 May 2008. The Chamber is currently drafting the On 28 October 2008, the Chamber held a Status judgement which is scheduled to be delivered on 18 Conference on the resumption of the trial proceedings. December 2008. The Chief Medical Officer of the Tribunal reported on the health condition of Mathieu Ngirumpatse. She Appeals Chamber indicated that he was not fit to attend any trial proceedings for at least 6 months. The Appeals Chamber is seized of one appeal from judgement, in the Karera case, in which the hearing After some discussions with the parties, the Chamber took place on 28 August 2008 in Arusha.