ICTRICTR NEWSLETTERNEWSLETTER September 2006 Published by the Public Affairs & Information Unit – Immediate Office of the Registrar United Nations International Criminal Tribunal for Rwanda Tracking Kabuga The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) Hassan Bubacar Jallow, and representatives of 25 diplomatic missions in Kenya on 27 September 2006 met in Nairobi with Honourable Martha Karua, Minister of Justice, and Honourable Moses Wetangula, Assistant Minister of Foreign Affairs. Discussions focussed on the urgency in apprehending Felicien Kabuga. Mr. Kabuga is sought in connection with serious accusations related to the 1994 genocide in Rwanda in which more than 800, 000 people were killed. The ICTR has been tracking Mr. Kabuga for several years and believes he is a regular visitor to Kenya. Mr Kabuga has been under indictment by the ICTR since 1997. Friends of ICTR Visit Arusha Mr. Jallow and representatives of diplomatic missions appreciated Kenya’s commitment to pursue all available leads in this case, including, through the “ riends of the ICTR”, a group of eight investigation of suspected associates of Mr. Kabuga - investigation and, where F appropriate, seizure of assets and provision of any records relating to the accused’s diplomats from Dar-es -Salaam, on 25 movements into and out of Kenya. We are hopeful that these efforts will soon bear September 2006 held discussions at the fruit with the apprehension and prosecution of Mr. Kabuga before the ICTR. United Nations International Criminal Tribunal for Rwanda aimed at providing Representatives of the diplomatic missions who attended the meeting were from support to the Tribunal. They were in Canada, Austria, Belgium, Cyprus, the Czech Republic, Denmark, the European Arusha for a briefing on the status of the Commission Delegation, Finland, France, Germany, Greece, Hungary, Italy, The Tribunal’s work and how the members Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden, the United might assist in completing that work by Kingdom, Norway, Switzerland, the United States of America and Rwanda. 2008. The Friends promised to use their Tribunal officials, including President Judge influence to assist the Tribunal and to Erik Møse, the Prosecutor Mr. Hassan garner more support for the specific needs Bubacar Jallow and the Registrar Mr. identified during the meeting. Adama Dieng briefed the Friends about the ICTR completion strategy, relations The group of Ambassadors included: H.E. between Rwanda and the Tribunal, Jorunn Maehlum, Ambassador of Norway; ongoing investigations, tracking of indicted H.E. Dr Andrew McAlister, High fugitives, referral of cases to national Commissioner of Canada; H.E. Peter jurisdictions, the recruitment and retention Maddens, Ambassador of Belgium; H.E. of Tribunal staff and other issues related to Emmanuelle D’Achon, Ambassador of France; H.E. Philip Parham, High H.E. Dr Andrew McAlister, High Commissioner of Canada, H.E. Emmanuelle D’Achon, Ambassador Commissioner of the United Kingdom; of France and H.E. Jorunn Maehlum, In this issue H.E. Michael Retzer, Ambassador of the Ambassador of Norway United States of America; H.E. Wolfgang Viewpoint............................................. 2 Ringe, Ambassador of Germany and H.E. Karel van-Kersteren, Ambassador of The ICTR Judicial Activities ........................ 2 Netherlands. Judge Robert Fremr Sowrn-in ............. 5 The one-day visit is part of regular ICTR in Rwanda.................................. 5 meetings which are held between the ICTR at The Hague ............................. 6 Tribunal and the “Friends of the ICTR.” Transitional Justice In Sierra Leone..... 6 CLE Seminar ....................................... 7 Visitors to the ICTR ............................. 7 Callixte Gakwaya Released ICTR Judicial Decisions....................... 7 efence Counsel Callixte Gakwaya, Editor: Bocar Sy D Associate Editor: Danford Mpumilwa Lead Counsel for the accused Yusuf Layout/Design: Rani Dogra From left to right: H.E. Philip Parham, High Munyakasi, was released by Tanzanian Commissioner of the United Kingdom, H.E. Peter Contributions: Koffi Afande, Sigall police on Tuesday morning, 5 Horovitz, Charles Kamuru, Danford Maddens, Ambassador of Belgium, H.E. Wolfgang Ringe, Ambassador of Germany, H.E. Karel van- September 2006. Mr Gakwaya was Mpumilwa, Gabriela Preda, Will Romans Kersteren, Ambassador of The Netherlands and arrested on Friday 1 September 2006 E-Mail: [email protected] H.E. Michael Retzer, Ambassador of the United States of America Continued on p. 2 ICTR NEWSLETTER September 2006 Viewpoint: Breaking “Old” News Gakwaya Released in Rwanda and at the ICTR by ...continued from p. 1 Gabriela Preda [Gabriela is an Italian Journalist who spent 2 and transferred immediately to the custody of the Central weeks in Tanzania and Kenya and visited the Police Station in Arusha. Circumstances of the arrest Tribunal. She is an International Press and conditions of the release have not been Correspondent and member of the International communicated to the Tribunal. However it has come to Federation of Journalists ] the attention of the ICTR that Mr Gakwaya was only released after undertakings were made by private Breaking old news in Rwanda…visiting Kigali and the persons to the Tanzanian police. International Criminal Tribunal for Rwanda feels like As soon as the Registrar of the International Criminal parachuting into an abyss 12 years after the genocide. It makes me reflect once more on our responsibility as journalists Tribunal for Rwanda, Mr Adama Dieng was informed of in keeping post-conflict stories on the international news the arrest, he expressed his strong concern to the agenda, as to monitor reconstruction and to make sure an Tanzanian authorities by reminding them of the event like the Rwandan tragedy does not become a “mark in agreement signed between the United Nations and the the sand”. United Republic of Tanzania which provides for certain immunities in respect of Counsel admitted to represent In the past weeks, I spent many days both in Rwanda and at those accused before the Tribunal. In particular, the the UN court established in the Tanzanian town of Arusha, Agreement required that Counsel “shall not be subjected observing the Tribunal's work and interviewing key people. I’m to any measure which may affect the free and not sure though anyone can completely, consciously independent exercise of his or her functions under the understand what drove the ‘94 atrocities. Not even after more Statute.” Mr. Gakwaya was present in Tanzania in his than a decade. What was painfully clear to me after just a official capacity as Counsel for an accused. couple of days “on the field” was the devastating emotional impact of genocide even now, long after the effective end of the massacres. The magnitude and speed of the violence that reached every corner of this beautiful tiny African country ICTR Judicial Activities seems too unfathomable ... but one cannot really see properly the “open scars”, until standing on the Rwandan soil or · Tharcisse Muvunyi Sentenced to 25 Years attending some proceeding of the UN court mandated to judge Imprisonment those involved in the killings at senior level. It is now more than a month since I first stepped foot in Kigali. I rial Chamber II of the can still recall that as we snaked our way through some T villages in search of the remote genocide sites, I tried to International Criminal Tribunal imagine the sheer intensity of the fear one must face as a for Rwanda on 12 September target of such hatred with nowhere to escape and no one to 2006 found Lieutenant Colonel help. Not only in Rwanda, but also in other parts of the world Tharcisse Muvunyi the former affected by conflicts. Darfurian women and children in Sudan Commander of the Rwandan flashed before my eyes, racing barefoot across a desert with military school, Ecole des Sous - scarcely a tree for shade, and no protection from attackers officiers (ESO), guilty of bent on their destruction. genocide and crimes against humanity (other inhumane acts). Meanwhile, the Trial Chamber found him not It was in those moments, that I have actually realized once guilty of crimes against humanity (rape) and dismissed more that history was meant to repeat itself given the the alternative charge of complicity in genocide, and “information gaps” in the 24-hour global coverage of world sentenced him to 25 years of imprisonment. The events that has arguably made it more difficult for journalists to Chamber also ruled that the accused shall receive remain true to the deontology of their profession. credit for time served since his arrest on 5 February 2000. A fellow international journalist I met in Arusha says that I am asking too many questions to myself and that it is inevitabe for the Rwandan story to slip down the news agendas as we are For purposes of sentencing the accused, the Chamber talking about a tragedy that happened 12 years ago. ”There composed of Judges Asoka de Silva presiding, Flavia are other big stories going on in the world as we are all Lattanzi and Florence Rita Arrey considered as traumatised these days”, he says. “From a bad day in the aggravating factors: the ethnic separation and office to the break-up of a relationship to 9/11 itself or to the subsequent killing of orphan children at the Groupe tsunamis the language of trauma has made its way into every scolaire by soldiers under the command of the Accused corner of our daily discourse,.not to mention that no self- in collaboration with civilian militia; the fact that the respecting journalist gets through an account of pretty much Accused chastised the bourgmestre of Nyakizu anything without qualifying it as, in some way, traumatic”, he Commune for hiding a Tutsi man and that pursuant to says. his instructions, the said man was produced and killed by an armed Hutu mob. Somehow, these explanations that account for the presumed communicators’ innate habit of applying “double standards” As mitigating factors the Chamber has considered: the are not convincing me.