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Information, Documentation and Training Agency, Arusha (Tanzania): International Criminal Tribunal for Rwanda (ICTR)
ICTR - Ferdinand Nahimana, director RTLM
DECEMBER 8th, 2003
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ICTR/MEDIA
DEFENCE UP IN ARMS OVER JUDGMENT AND SENTENCE
Arusha, December 8th, 2003 (FH) – The defence teams in the just concluded “Media trial” are indignant over the judgment by the International Criminal Tribunal for Rwanda (ICTR) which convicted their clients on Wednesday.
Ferdinand Nahimana, a historian and one of the founders of the Radio télévision libre de mille collines (RTLM) that in 1994 incited the genocide against Tutsis and massacres that targeted Hutu members of the opposition, was sentenced together with the “self-made man” Hassan Ngeze, to life in prison. Ngeze was the owner and editor-in-chief of the extremist publication, Kangura.
They were found guilty of genocide, direct and public incitement to commit genocide, and crimes against humanity (extermination and persecution).
Also found guilty on the same counts, Jean Bosco Barayagwiza, also a co-founder of RTLM, had his sentence reduced because his rights had been “violated” during his arrest and transfer to Arusha. He was sentenced to 35 years, but the time spent in detention will also be deducted from this sentence. He will thus spend 27 years in jail.
“A unique judgment”
In a press release, Nahimana’s lead counsel, Jean-Marie Biju-Duval, called it a “singular judgment which, in order to establish the facts, begins by rejecting the testimonies of direct witnesses”.
The tribunal did not find the testimonies of two former RTLM journalists, the Belgian Georges Ruggiu and Valerie Bemeriki for Rwanda to be credible. It also “simply” rejected Nahimana’s version of events.
The judges ruled that Nahimana was “responsible for the RTLM’s editorial line” and that he “did nothing to stop the radio from becoming a machine for war and genocide”.
“Founder of the radio station, among others, member of its board directors, Ferdinand Nahimana never exercised any management responsibilities, never expressed any opinion in 1994 and cut all ties with the station at the very beginning of the massacres, before its broadcasts became criminal”, Biju-Duval declared.
He pointed out that Nahimana first took refuge at the French embassy, then went on to Burundi, before ending up in Tunisia. “It does not matter, again it is he, always he who, according to the judges, managed the RTLM”, he said.
He continued that in 1994, RTLM was, “under the management of its acting director, Phocas Habimana, and its editor-in-chief, Gaspard Gahigi, and acting under the permanent control of the army, from which it received all instructions, finance and equipment”.
Habimana and Gahigi are both believed to be dead.
“Yet no act, no word, no speech, links Ferdinand Nahimana directly and personally to the genocide and crimes against humanity committed in Rwanda during the months of April through July 1994.The trial clearly showed this. The judgment does not contest it”, complained the French lawyer.
It is his view that his client was convicted “so that ‘radio genocide’ ends up with a criminal made to measure, a media scapegoat, an offender of international dimensions, presented as such to world opinion”.
On the other hand, Hassan Ngeze’s lawyer, John Floyd from the USA said that the judgment was “the worst decision ever in terms of international justice. I have never seen any thing like this in my thirty years of practice”, he
said. Both he and Biju-Duval intend to appeal.
Freedom of expression?
“This judgment is a scandal”, said another of Ngeze’s co-counsel, Rene Martel from Canada.
“My client only exercised his freedom of expression in a war situation. There was Radio Muhabura and publications close to the Rwandese Patriotic Front (RPF)”, explained Martel.
According to him, Kangura was reacting to messages from that radio and some pro-RPF newspapers.
The judgment came to the conclusion that ”articles in Kangura conveyed contempt and hatred for the Tutsi ethnic group and for Tutsi women in particular whom the publication qualified them as femmes fatales”.
The publication notably published the “Hutu ten commandments” which described Tutsis as oppressors who wanted to eliminate Hutus”, the judgment said.
“Kangura was not the source of those ten commandments”, retorted Martel, they had been in existence for a long time”. The chamber also came to the conclusion that Hassan Ngeze, through Kangura, “poisoned” the minds of
readers and “caused the deaths of thousands of innocent civilians,”
A tribunal “in chains”
The third accused, Jean Bosco Barayagwiza, declared in a press statement that that he had been “judged and condemned by a tribunal in chains”.
Barayagwiza has boycotted proceedings of the trial ever since it started in October 2000, alleging that the Arusha tribunal was being manipulated by the Rwandan government.
“The verdict confirms that the tribunal is just a machine to convict and not an instrument of international justice”, said Barayagwiza.
He continued that “it has become evident that its objective is not to judge those responsible for crimes, regardless of their ethnic group, but to hunt Hutu leaders, pretend to judge them and condemn them to such heavy sentences
that they would forever be excluded from power”.
Barayagwiza was represented by a tribunal-appointed counsel, Giacomo Barletta Caldarera who has also said that he would appeal.
On top of his role in RTLM, Barayagwiza together with Hassan Ngeze, was one of the founders of the radical anti-Tutsi political party, the Coalition for the Defence of the Republic (CDR).
The judgment points out that they supplied arms to the party’s militia, the Impuzamugambi, supervised roadblocks where Tutsis were killed.
KN/ER/CE/FH (ME'1208e)
DECEMBER 3rd, 2003
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ICTR/MEDIA
NGEZE AND NAHIMANA GET LIFE SENTENCES, BARAYAGWIZA TO SERVE 27 YRS
Arusha, December 3rd, 2003 (FH) – The International Criminal Tribunal for Rwanda (ICTR) on Wednesday sentenced two former Rwanda media personalities to life in prison, while a third saw his life sentence reduced to 35 years.
All of them were found guilty of genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and crimes against humanity that include extermination and persecution.
Ferdinand Nahimana, the former director of the extremist radio station, Radio television Libre des Mille collines (RTLM) and Hassan Ngeze, the
former owner and editor-in-chief of Kangura newspaper got maximum sentence.
Jean Bosco Barayagwiza, the former director of political affairs in the Rwandan ministry of foreign affairs, was also sentenced to life, but because an earlier decision by the appeals chamber had recognized that during the course of his arrest and transfer to Arusha his rights had been abused, his sentenced was reduced to 35 years.
The chamber had ruled in March 2000 that “…for the violation of his rights, the appellant is entitled to a remedy to be fixed at the time of
judgment...” The remedy in question was that in case Barayagwiza was found not guilty, he would receive financial compensation, but if found guilty, his sentence would be reduced.
In passing judgment, the presiding judge of Trial Chamber One of the ICTR, Judge Navanethem Pillay of South Africa, laid their individual
responsibility in the media organs they controlled, and for Ngeze and Barayagwiza, the influential role they played in the extremist political
party, the Coalition for the Defence of the Republic (CDR).
The judge conceded to the fact that the killings were triggered by the death of former President Habyarimana, but added that if his death was the
trigger, “then RTLM, Kangura and CDR were the bullets and the gun. The trigger had such a deadly impact because the gun was loaded”, she said.
In a landmark ruling, the tribunal found that the three had poisoned the minds of their readers and listeners, and that “by words and deeds, they had caused the deaths of thousands of innocent civilians”.
An estimated one million Tutsis and Hutu members of the opposition people died between April and July 1994, and the prosecution has all along alleged that media was used to mobilise the population to kill their Tutsi neighbours.
Barayagwiza was also found guilty of distributing weapons to militia that were used to kill innocent civilians, including children and older people.
The person who got the harshest remarks during the sentencing was Nahimana. Pillay said that this former history professor was “a renowned academic” and that he “betrayed the trust placed in him as an intellectual and a leader”.
Barayagwiza has boycotted the proceedings of the trial from the very beginning, saying that the tribunal was manipulated by the Rwandan
government, allegations that are echoed by Hassan Ngeze’s lawyer, John Floyd from the United States, who said that it was” the most unfair trial he had ever witnessed” in his 35 years of practice.
On the other hand, the new prosecutor of the tribunal, Hassan Boubacar Jallow, said that it was a historical ruling and that it would send a tough
message that there would be no lenient justice to whoever uses the media to target a particular racial or ethnic group.
Hassan Ngeze was arrested in Nairobi, Kenya in July 1997 while both Barayagwiza and Nahimana were arrested in Cameroon in March 1996. All have been on trial since October 2000.
Judge Pillay was assisted in Trial Chamber One Erik Møse from Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/CE/FH (ME’1203e)
DECEMBER 3RD, 2003
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ICTR/PROSECUTION
ICTR PROSECUTOR SAYS THIS WEEK’S JUDGEMENTS ARE HISTORIC
Arusha, December 3rd, 2003 (FH) -The prosecutor of the International Criminal Tribunal for Rwanda (ICTR), Hassan Bubacar Jallow, on Wednesday described two judgments rendered this week by the tribunal against four individuals as historic.
Addressing a press conference after the judgment was read in the media trial, Jallow said the decision against the three media personalities has set an international precedent concerning the rights of expression and press freedom.
“We should not use these rights as weapons of destructions. Those who use the mass media to target a racial or ethnic group for destruction will face justice,” Jallow said.
The tribunal found three Rwandan media personalities in the media trial guilty of inciting the 1994 Rwanda genocide using the media.
Ferdinand Nahimana (RTLM Director) and Hassan Ngeze (Editor Kangura newspaper) were each imprisoned for the remainder of their life. Their co-accused Jean-Bosco Barayagizwa was sentenced to thirty-five years.
On the conviction of former Mukingo mayor, Juvenal Kajelijeli, Jallow said he was “a very bad man who was deeply devoted to his evil cause”. Kajelijeli was found guilty of genocide and crimes against humanity on December 1st and sentenced to life imprisonment.
Jallow added that the tribunal, through the two judgments, “has created a body of law that may in future deter the conduct and communications that unleash genocide and crimes against humanity”.
He also noted that the trials are moving at the right pace. Cases against seventeen individuals have been adjudged while decisions against six others are expected in the coming weeks and months. Also trials against eighteen other suspects are in progress.
“Much remains to be done, but this tribunal is well on its way to completing its mission of trying those who bear greatest responsibility for the genocidal murder of more than half a million human beings in Rwanda during 100 days,” Jallow stated.
PJ/CE/FH (OTP’1203e)
NOVEMBER 21ST, 2003
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ICTR/MEDIAS
JUDGMENT IN THE MEDIA CASE CONFIRMED FOR DECEMBER 3
Arusha, November 21th, 2003 (FH) – The International Criminal Tribunal for Rwanda (ICTR) will pass judgment in the media case on December 3, an official source declared on Friday.
The media case tries jointly three former media personalities. They are the two former founding members of the Radio-télévision libre des mille collines (RTLM), Ferdinand Nahimana and Jean Bosco Barayagwiza; and former owner and editor of the Hutu extremist newspaper “Kangura“, Hassan Ngeze.
The three are charged with incitement to commit genocide. The prosecutor says that both media organs had the same aim: the promotion of the extremist Hutu ideology and the incitement to hate and commit violence with against Tutsis, and the prosecutor wants the maximum life imprisonment for all.
The “media trial” is considered as one of the most important in the history of the tribunal.
CE/ER/FH (RG1121’e)
AUGUST 22
TH
, 2003
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ICTR/MEDIA
MEDIA TRIAL GOES INTO DELIBERATION AFTER THREE YEARS OF DEBATES
Arusha, August 22th, 2003 (FH) The trial of three people accused of using the media to incite, propagate and promote the 1994 genocide in Rwanda, went into deliberations after three years of arguments before Trial Chamber One of at the International Criminal Tribunal for Rwanda (ICTR).
The accused are two founders of Radio-télévision libre des mille collines (RTLM), Ferdinand Nahimana and Jean Bosco Barayagwiza, as well as the former owner and editor-in-chief of Kangura newspaper, Hassan Ngeze.
The prosecutor asserts that the two media organs had the same objectives: the promotion of Hutu extremist ideology, and inciting ethnic hatred and violence against Tutsis. The prosecutor has demanded the maximum sentence, life imprisonment for all the accused.
The lawyers on the other hand insist that the prosecutor has not proved his case beyond all reasonable doubt and have demanded for an acquittal. The defence has rejected prosecution testimonies in whole, deeming them of extreme fragile nature if not dangerous- not for the defence, but for justice as a whole
Ferdinand Nahimana, 53, is represented by the Frenchman Jean-Marie Duval and Diana Ellis, QC from Britain. Hassan Ngeze, 46, is defended by John Floyd from the USA and René Martel form Canada, while 50 year-old Jean Bosco Barayagwizas defence counsel is Giacomo Barletta Caldarera form Italy.
Barayagwiza has boycotted proceedings of the tribunal ever since it started hearing the case October 23, 2000. He alleges that the ICTR in manipulated by the Rwandan government.
Nahimana and Barayagwiza were both arrested in Cameroon March 26, 1996, while Ngeze was arrested in Kenya July 18, 1997.
The media trial is being heard by Trial Chamber One of the ICTR presided over by the South African, Navanethem Pillay and it includes the Norwegian Erik Møse and Asoka de Zoysa Gunawardana from Sri Lanka.
KN/AT/FH(ME'0822E)
AUGUST 22
TH
, 2003
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ICTR/MEDIA
BARAYAGWIZA IS INNOCENT, SAYS HIS DEFENCE COUNSEL
Arusha, August 22th, 2003 (FH) - A lawyer for the former political advisor in the Rwandan ministry of foreign affairs, and a
founding-member of Radio-télévision libre des mille collines (RTLM), Jean Bosco Barayagwiza, Friday told the International Criminal Tribunal for Rwanda, (ICTR) that his client was innocent.
Barayagwiza is jointly accused with two others in the so-called hate media trial. He is accused among others, of conspiracy and direct and public incitement to commit genocide.
Barayagwiza is an honest and courageous man who is driven by normal human sentiments, declared the Italian lawyer, Giacomo Barletta Caldarera who is defending Barayagwiza against the latters wish.
Barayagwiza has boycotted the trial ever it opened on October 23, 2000 and has refused to recognise his lawyer assigned to him in the interests of justice.
Caldarera, who underlined the difficulties of defending an unwilling person, said that he was basing his opinion on the Barayagwizas writings as well as testimonies collected from people who were familiar with him.
The Italian lawyer said that that prosecutor had not been able to prove his clients guilt. The prosecutor in referring to the indictment at the beginning of the week, pointed out that Barayagwiza was was the number two person in RTLM, deputising for Ferdinand Navahimana, one of his co-accused.
The prosecutor also described Barayagwiza as being the leader of radical political party known for its anti-Tutsi propaganda, the Coalition for the Defence of the Republic (CDR).
According to Caldarera, the prosecutor, instead of proving Barayagwizas criminal responsibility, "automatically" considered all organisations he was a member as extremist.
The lawyer also assessed that the prosecutor had failed to prove through CDRs statutes that the party discriminated against Tutsis.
"The CDR did not preach ethnic-based discrimination. The only fact it recognised was that there were three distinct ethnic groups": Hutus, Tutsis and Twas, pointed out Caldarera.
The lawyer denies that his client promoted the ideology of ethnic superiority.
Apart from Barayagwiza and Nahimana, the trial also involves the former owner and editor-in-chief of Kangura newspaper, Hassan Ngeze.
The prosecutor has requested the life imprisonment for all the three accused. Just like Nahimanas and Ngezes defence counsel had done, Caldarera pleaded for clients acquittal.
The Chamber will retire to deliberate form Friday afternoon. A source within the ICTR revealed to Hirondelle that a verdict would be pronounced at the end of this year or early next year
The trial is being heard by Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/AT/FH(ME'0822F)
AUGUST 22
TH
, 2003
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ICTR/MEDIA
LAWYER DEMANDS FORMER JOURNALIST HASSAN NGEZE'S ACQUITAL
Arusha, August 22th, 2003 (FH) - Lawyers for the former owner and editor-in-chief of Kangura newspaper, Hassan Ngeze, argued for his release Thursday at the International Criminal Tribunal for Rwanda (ICTR).
"The fact that Ngeze never published a single issue of Kangura between April and July 1994, is enough proof that he is not guilty of genocide or incitement to commit genocide. The trial should end on that note", said the accused lead counsel, John Floyd from the USA.
Floyd added that Kangura was not a widely circulated newspaper. No one was killed as a result of an article in Kangura
"I do not understand the reasons of the gymnastics in trying to pin Hassan Ngeza on a criminal act", asserted Floyd.
Hassan Ngeza is being jointly tried with two founder-members the Radio-télévision libre des mille collines (RTLM), Jean Bosco Barayagwiza and Ferdinand Nahimana.
Floyd denies any conspiracy between Ngeze and his co-accused. In Nahimana's case, Floyd pointed out that they had no common denominator. "There is a ten-year difference between them; they are of different intellectual levels, and they come from different communes and both have a mutual disdain", he said.
"The office of the prosecutor's thesis is terribly weak", declared Ngezes co-counsel, Rene Martel from Canada. "I would even add that it was fraudulent".
Ngezes lawyers are of the view that prosecutor has not proven beyond all reasonable doubt their client's guilt.
"In order to prove that Ngeze is guilty of any crime, our witnesses will have to be dismissed. I do not see how they will go about that", assessed Floyd.
The lawyers requested the judges "not to be held prisoners by the emotions raised by the seriousness of the charges".
The tribunal will on Friday listen to closing arguments from Jean Bosco Barayagwizas defence.
Barayagwiza has boycotted the trial ever since it began in 2000, claiming that the ICTR is manipulated by the Rwandan government. He is being represented by a lawyer he does not approve of.
The trial is taking place in Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/AT/FH (ME0822H)
AUGUST 22
TH
, 2003
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ICTR/MEDIA
HASSAN NGEZE ALLOWED TO ADDRESS TRIBUNAL DURIND CLOSING ARGUMENTS
Arusha, August 22th, 2003 (FH)-The former owner and editor-in-chief of Kangura newspaper, Hassan Ngeze, was Thursday allowed to address the court during presentation of closing arguments in the "hate media" trial at the International Criminal Tribunal for Rwanda (ICTR).
In constant and permanent conflict with his lawyers, Ngeze has on numerous occasions, ever since the trial began in 2000, been allowed to cross-examine witnesses after his lawyers had been through.
Hassan Ngezes defence team announced Thursday morning that the accused would have 45 minutes to give his point of view, and that the rest of the day would be reserved for closing arguments by the lawyers.
Ngeze is represented by John Floyd from the USA and René Martel of Canada. He is accused of genocide, conspiracy to commit genocide, direct and public incitement to commit genocide through his newspaper, as well crimes against humanity. He has pleaded not guilty.
Ngeze declared that he had done everything possible to save the lives of many people during the genocide.
The accused also said that he had given warning signs in order to prevent the massacres and he subsequently condemned the perpetrators. I condemned the authors of those massacres, and I even named them. Now I am being accused of conspiracy. Conspiracy with whom, he asked.
Before Hassan Ngeze took the floor, John Floyd had said that the evidence produced by the prosecutor was "incoherent". He demanded that Ngeze "benefit from every indication of innocence".
Ngeze is jointly accused with two founder-members of Radio-télévision libre des mille collines (RTLM), Ferdinand Nahimana and Jean Bosco Barayagwiza.
The trial is taking place in Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/AT/FH (ME'0822G)
AUGUST 20
TH
, 2003
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ICTR/MEDIA
LAWYER DISMISSES EVIDENCE AGAINST NAHIMANA, ASKS FOR ACQUITAL
Arusha, August 20th, 2003 (FH) - Defence lawyers for Ferdinand Nahimana, Wednesday requested Trial Chamber One of International Criminal Tribunal for Rwanda (ICTR), to disregard all evidence brought against their client and acquit him.
Nahimana, 53, is a former university professor and founder member of Radio télévision libre de mille collines (RTLM) is jointly being tried at the ICTR with two others in the so-called media case for allegedly using the media to propagate and incite the 1994 genocide in Rwanda.
One of Nahimanas defence counsels, Diana Ellis of the UK said that most of what was heard in court was circumstantial evidence that should not be taken into account.
"What you have received is not evidence and must not be confused with evidence", Ellis told the court during Nahimanas closing arguments.
"He has nothing to prove and no need to call witness in his defence" she continued, maintaining her client's innocence.
Nahimana is jointly accused with Hassan Ngeze, former owner and editor-in-chief of Kanguranewspaper, and Jean Bosco Barayagwiza, a board member and senior official the extremist party, Coalition for the Defence of the Republic (CDR).
All three have denied allegations by the prosecution that they used their respective media organs to fan ethnic hatred and incite the massacres of over one million Tutsis and members of the Hutu opposition.
The prosecution maintains that Nahimana as the chairman of the steering committee of RTLM, and therefore the de facto head, failed to stop virulent and ethnic flavoured broadcasts by RTLM. He is also being held criminally responsible for acts committed by his subordinates.
Jean-Marie Biju-Duval, another of Nahimanas lawyers, argued that even though the accused was involved in RTLM, he did not control the contents of the broadcasts as the radio station had its director, in the name of Phocas Habimana. The accused was just "a promoter of the project".
"Nahimana was not involved in any kind of criminal conspiracy" Biju-Duval continued, adding that even though RTLM had engaged in criminal broadcasts, it was up to the prosecutor to prove that Nahimana had in a repeated manner heard all programs that were criminal in nature. "
Biju-Duval went on to say that the prosecution had failed to link Nahimana to either the Hutu power factions in Rwandan politics or the famous
akazu
( former president Habyarimana's inner circle) who opposed the peace process between the government and the then rebel movement, the Rwandese Patriotic Front (RPF), now in power in Kigali.
Hutu power were splinter groups in PL, MDR and PSD parties, yet Nahimana was a member of MRND(the former presidents party), argued the lawyer. He went on to say that
Isibo
newspaper, which had in the usually harassed Nahimana, had printed a list of alleged members of
"Akazu",
and that Nahimanas name did not figure on it.
"What is clear is that there is no link or nexus that that can be found between Nahimana and those circles who wanted to resume hostilities", the lawyer said, referring to the "
Akazu"
.
He continued to say that the prosecution had failed to show evidence, either written or spoken by the accused that reflected any ethnic or racial slurs. "As a man of law, I am going to request you to acquit Ferdinand Nahimana", he told the tribunal.
The trial continues Thursday with the tribunal waiting to hear from Ngeze Hassan and Jean Bosco Barayagwizas lawyers.
Trial Chamber One is composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/FH (ME0820e)
AUGUST 19
TH
, 2003
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ICTR/MEDIA
PROSECUTION ASKS FOR MAXIMUM SENTENCE IN MEDIA TRIAL
Arusha, August 19th, 2003 (FH) - The prosecutor in the case where three people are accused of using the media to incite ethnic hatred and genocide in the run of the 1994 genocide in Rwanda, Tuesday asked the International Criminal Tribunal for Rwanda (ICTR), to condemn the accused to the maximum sentence possible (life emprisonnement).
Stephen Rapp, lead prosecution counsel made the application on the second and last day that he, together with his team, ended their closing arguments before Trial Chamber One of the tribunal.
"A crime of genocide is a crime of all crimes", pointed out Rapp describing the gravity of the crimes the accused are charged with. "Each of the accused caused the death of more people than the militia at the road blocks and in churches".
The prosecutor was referring to Ferdinand Nahimana,a former university professor and allegedly head of the hate Radio télévision libre de mille collines (RTLM, Jean Bosco Barayagwiza, a fellow board member of the Radio and senior official the extremist party, Coalition for the Defence of Republic (CDR, and Hassan Ngeze, former owner and editor-in-chief of an extremist publication, Kangura.
All three had pleaded not guilty to different charges ranging from crimes against humanity (murder, persecution and extermination), genocide, incitement and conspiracy to commit genocide and complicity in genocide.
Simone Monasebian, counsel for the prosecution, had earlier come back to evidence given before the tribunal that proved how powerful Barayagwiza and Nahimana were in the Rwandan administration.
The prosecutor talked of one incident where a government prosecutor had told his subordinate not to pursue RTLM after learning that Nahimana was involved in the radio station.
"If Nahimana is involved, then it means the whole Akazu"(former president Habyarimana's inner circle) is involved. Drop itMonasebian quoted a defence witness as having testified.
"They were always above the law", said the prosecutor referring to the accused, urging the tribunal to deal harshly with them so that "impunity lives no more".
"They paralyzed the judiciary with their interference"said Monasebian. They should be held liable for their action and omissions. They should be held criminally liable for the actions of their subordinates.
While Barayagwiza has boycotted the proceedings from the beginning, Nahimana has denied ever being the directorof RTLM, but in a radio broadcast of RTLM in the first days of the genocide replayed in court, Nahimana is heard acknowledging being a founder of RTLM.
Aggravating circumstances
Apart from Ngeze, who the prosecution accuses of having taken part in the killings at "commune rouge", a killing ground in Gisenyi (north-west Rwanda) and in the death of one, Modeste Tabaro, Ferdinand Nahimana and Jean Bosco Barayagwiza were accused by Stephen Rapp of "throwing fuel around the fire".
Their Influence and importance are aggravating circumstances, said Rapp. Barayagwiza was also accused of distributing weapons to militiamen and having "superior control"over one of the two militia groups, the "Impuzamugambi", the militia of CDR.
"The zeal in which the crimes were committed are aggravating circumstances", said William Egbe, another member of the prosecution team. He also appealed to the tribunal to take into account of the continued absence of Barayagwiza in the proceedings. "Someone who does not seek mercy does not need mercy", he said.
Ferdinand Nahimana is represented by Jean-Marie Biju-Duval from France and Diana Ellis, QC. Hassan Ngeze's defence team is made up of the American lawyer, John Floyd and Rene Martel from Canada. Barayagwiza on the other hand is defended by Giacomo Barletta Caldarera.
Chamber One of the ICTR in this case is made up of Navanethem Pillay (presiding), and is assisted by Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/AT/FH (ME0819E)
AUGUST 18
TH
, 2003
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ICTR/MEDIA
PROSECUTION IN MEDIA CASE BEGINS CLOSING ARGUMENTS
Arusha, August 18th, 2003 (FH) - The so-called media trial went into its closing stages Monday in Trial Chamber One of the International Criminal Tribunal for Rwanda (ICTR), when the prosecution started presenting its closing arguments.
The trial which began October 23, 2000, groups together three people accused of using the media to incite and promote ethnic hatred and violence against Tutsis and Hutu moderates before and during the genocide in Rwanda in 1994.
Hassan Ngeze, former owner and editor-in-chief of an extremist publication, Kangura, Ferdinand Nahimana and Jean Bosco Barayagwiza, both former senior government officials and founders of a hate radiolaunched in 1993, Radio television libre de mille collines (RTLM). All have pleaded not guilty to all charges levelled against them.
During his opening brief, American Stephen Rapp who leads the prosecution, said that both media organs were used deliberately by the accused and others, to oppose the Arusha Accords and whip up ethnic sentiments in the run up to the genocide.
He replayed a radio broadcast by RTLM of April 3, 1994, where the journalist, Noheli Hitimana, spoke of "something that would happen" starting between the dates of April 3-5, 1994 (Easter holidays). The journalist continues that there would be an outbreak of violence with "bullets flying and grenades exploding".
"There was an expectation of Hutu extremists to do something", said Rapp. "The possibility of the genocide was not impossible", he continued, adding that all that amounted to "incitement, persecution and conspiracy against an ethnic group".
Simone Monasebian, one of the members of the prosecution team, also dwelt on the psychological role both RTLM and Kangura played in fanning ethnic hatred and violence. She played tapes on various occasions where presenters on RTLM named alleged accomplices of the Inyenzi (a derogatory term for Tutsis and sympathisers of the rebel RPF) who were later killed.
RTLM was used as a means of command control and communicating, said the prosecutor, recalling an incident where an RTLM presenter spoke of "graves being half-full"and dehumanizing the Inyenzi as being cannibals who ate the inner parts of hose they had killed."
The prosecutor called into repute the calibre of journalists hired by RTLM. She said that most, like Noheli Hitimana had either been fired by the state-owned ORINFOR for chronic misconductor incompetence.
"Emmanuel Rucogoza was fired for misconduct and incompetence, Gahigi Gaspard had a drinking problem and Ruggiu had no journalistic experience", pointed out Monasebian, adding that the accused, in order to carry out their criminal enterprise, "they recruited from the bottom of the barrel"
The trial continues Tuesday with the prosecution continuing with it closing arguments.
Trial Chamber One of the ICTR presided over by Navanethem Pillay of South Africa and is assisted by Erik Møse form Norway and Asoka de Zoysa Gunawardana.
KN/AT/FH (ME'0818E)
MAY 10TH,2003
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ICTR/MEDIA
DEFENCE CLOSES ITS CASE IN MEDIA TRIAL
Arusha, May 10th, 2003 (FH) - The defence in the media trial closed its case on Friday with both prosecution and defence counsel requesting to present outstanding matters before Trial Chamber One of the International Criminal Tribunal for Rwanda (ICTR).
The trial which began in October 2000, groups together three people charged with using the media to incite and propagate the genocide in Rwanda in 1994.
Hassan Ngeze, former owner and editor-in-chief of an extremist publication, “Kangura”, Ferdinand Nahimana and Jean Bosco Barayagwiza, both founders of a “hate radio” launched in 1993, Radio television libre de mille collines (RTLM). All have pleaded not guilty to all charges levelled against them.
Hassan Ngeze requested the tribunal to grant him three hours to challenge rebuttal witnesses that might be called by the prosecution. He also complained that he had asked the prosecution to call witness “AER”, a sister of an earlier prosecution witness, “AES” but that the request had been ignored.
Also on the list of Ngeze’s complaints was that he had wanted to call some of the former military personalities detained by the ICTR. He said that the only obstacle was that the potential witnesses feared the prosecution would use the information to strengthen its case against them.
The defence on its part wanted to present a sworn statement of a certain Jean-Marie Vianney Ndagijimana, but it was rejected by the chamber as being “irrelevant as it should have been produced in the course of the trial”.
Before the chamber retired, it requested that all further motions should be made in written form and presented next week. It also ruled that, until further notice, it would stick to the scheduling order issued on March, 26, 2003.
Both parties will prepare their closing arguments slated to begin in August this year. The prosecution will present its closing arguments August 18 and 19, 2003. The next three days will be reserved for the three defence teams.
August 22 is the last day when Barayagwiza’s defence team closes it arguments. The prosecution is also expected to give it response on the same day.
All throughout the trial, Barayagwiza boycotted the proceedings alleging that the tribunal was manipulated by the Rwandan government.
The chamber heard the last witness, Dr. Helmut Strizek on Thursday. Dr Strizek, an expert witness, was called in by Nahimana’s defence team.
Trial Chamber One of the ICTR is conducting the “media” hearings. The chamber is composed of Navenathem Pillay of South Africa (presiding) the Norwegian, Erik Mose and Asoka de Zoysa Gunawardana from Sri Lanka.
KN/AT/CE/FH(ME’0510e)
MAY 9TH,2003
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ICTR/MEDIA
EXPERT WITNESS DOUBTS KANGURA EVER INCITED GENOCIDE
Arusha, May 9th, 2003 (FH) -An expert witness in the media trial on Thursday told the International Criminal Tribunal for Rwanda (ICTR) that he was not sure whether “Kangura” magazine really incited the population to acts of genocide.
Dr. Helmut Strizek, a German political scientist, was called in to give evidence by Ferdinand Nahimana’s defence team. “I have my doubts, but I can not dwell on the matter, only the tribunal is competent to make the conclusion”, the witness said on the fourth and last day of his appearance.
Nahimana, believed to be the power behind the creation of Radio télévision libre de mille collines (RTLM), is jointly accused together with former board-member of the steering committee of the radio station, Jean Bosco Barayagwiza, and the former owner and editor-in-chief of Kangura, Hassan Ngeze.
All three have pleaded not guilty of using their respective media to incite and promote ethnic hatred that led to the genocide of Tutsi’s during the 1994 genocide in Rwanda.
Dr. Strizek was answering a question by one of Hassan Ngeze’s defence counsel, the Canadian René Martel, as to whether a “tiny publication like Kangura” could have been one of the major factors that triggered the genocide, to which the expert witness made known his scepticism.
In an expert witness report presented by Nahimana’s defence team, Dr. Strizek puts forth elements that, according to him, were the major factors that led to the genocide.
Top on the list was the attack by the Rwandese Patriotic Front (RPF) in October 1990, the much overdue democratisation process in the country, the conduct of political parties of the time, and the disastrous economic conditions.
Also singled out was the radicalisation of the political climate, RPF’s obstinacy - with the support of some powerful states - in pushing for a military solution, and the shooting down of president Habyarimana’s plane on April 6, 1994.
Ngeze’s defence argument is that Kangura, a fortnightly publication with a circulation of less than 2000 copies, could only have had a very limited impact on the Rwandan population, the majority of who were illiterate. The prosecution alleges that Kangura was used by Hutu extremists to propagate an anti-Tutsi ideology.
Dr. Strizek studied political science in Germany and France, and has conducted research on both Rwanda and Burundi. The prosecution maintains that the expert witness’s testimony is “biased”.
The witness ended his testimony on Thursday evening in Trial Chamber One of the ICTR that is conducting the “media” hearings. The chamber is composed of Navenathem Pillay of South Africa (presiding) the Norwegian, Erik Mose and Asoka de Zoysa Gunawardana from Sri Lanka.
KN/AT/FH(ME’0509e)
MAY 7TH,2003
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ICTR/MEDIA
EXPERT WITNESS HAS HIS CREDIBILITY TESTED
Arusha, May 7th, 2003 (FH) - Dr Helmut Strizek, an expert witness for Ferdinand Nahimana, had his credibility as an impartial researcher questioned Wednesday by the prosecution.
Strizek was giving testimony for the third day at the International Criminal Tribunal for Rwanda (ICTR), where Nahimana and two others are standing trial for their roles in the 1994 genocide in Rwanda. Nahimana was a former university professor and founder-member of Radio télévision libre de mille collines (RTLM).
Counsel for the prosecution, Simone Monasebian, continued her cross examination of the witness by questioning the credibility of his sources in compiling material for publication. She accused the witness of being biased and only using information that dirtied the image of the current government in Rwanda.
The prosecutor then offered to show the witness a letter he had written to Human Rights Watch in which he requested for information that ‘only showed Rwanda in a negative light’.
“It is surprising that you have that information”, the witness answered. “I asked for information on Rwanda and was told to wait until Allison des Forges becomes available”.
The prosecutor also pointed out many flaws in the witness’s testimony.
At one point, the prosecutor asked Dr. Strizek whether he had any knowledge of Nahimana having been the chief ideologue of the RTLM, to which the witness replied in the negative.
Monasebian then read a translated version of a passage in Dr. Strizek’s book originally written in German. In the book, the author explicitly names the accused as the “ideological mentor of the radio station”.
From then on the prosecutor showed, point by point, that the witness’s testimony was the opposite of what had been presented before the tribunal as evidence for the defence.
The witness in his publications also refused to equate the genocide in Rwanda and that of the Jews during World War II, saying that they were incomparable. It was only after being confronted with broadcasts of RTLM and similar utterances that came to light during the Nuremburg trials that the witness agreed that it was “false and dangerous propaganda”.
The prosecution then asked Dr. Strizek whether it was not “scapegoating and marginalising a minority by calling Jews “blood suckers” during the world war, and an RTLM broadcast in December 1993 which asserted that “Tutsis are the ones who have all the riches”.
When the witness refused to comment, Monasebian turned to the bench and protested to the chamber, saying; “This is an expert witness, he should answer!” The witness then replied in the affirmative when ordered by the tribunal to answer.
The proceedings were also marred by arguments between Monasebian and Diana Ellis, Nahimana'co-counsel, and on many occasions had to be called to order by the president of trial Chamber One, Navanethem Pillay,
Ferdinand Nahimana’s trial is grouped together in what has been dubbed as the “media trial”, in which Hassan Ngeze, owner and editor-in-chief of “Kangura” newspaper, and Jean Bosco Barayagwiza, a board-member of RTLM have pleaded not guilty to inciting genocide through the media.
Barayagwiza has boycotted the proceedings right from the beginning, complaining that the tribunal is “manipulated by the Rwandan government.
The trial continues on Thursday morning. Judge Pillay is assisted by Asoka de Zoysa Gunawardana of Sri Lanka, and Erik Møse from Norway in Chamber One.
KN/CE/FH(ME’0507e)
MAY 6TH,2003
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ICTR/MEDIA
EXPERT WITNESS SAYS RPF ATTACKS TRIGGERED GENOCIDE
Arusha, May 6th, 2003 (FH) - An expert witness in the media trial, Dr Helmut Strizek, on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that attacks by the Rwandese Patriotic Front (RPF) was a major cause in the 1994 genocide.
Dr. Strizek, a German political scientist who at one time worked in Rwanda, said that the presence of about one million internally displaced people around Kigali reinforced the feeling of hatred towards Tutsis.
Most of the displaced people had run away from the fighting in the northern part of the country, through where the RPF, mostly composed of Tutsis, launched its attack. “One cannot discount this movement of people in lighting the spark” said the witness. “That is what I consider the foundation of the genocide. It is this hatred that exploded”.
Dr. Strizek is appearing for Ferdinand Nahimana, a former government official and alleged brain-child of the extremist radio station, Radio télévision libre de mille collines (RTLM). Nahimana is jointly on trial with two other people: a former board-member of RTLM, Jean Bosco Barayagwiza, and Hassan Ngeze, former owner and editor-in-chief of ”Kangura” newspaper.
All three have pleaded not guilty to charges that they used the media to incite the population against during the 1994 genocide.
The expert witness dismissed allegations by the prosecution that the incarceration of thousands of Tutsis immediately after the RPF attack was a sign of racism of Habyarimana’s government.
“It is a historical fact that countries detained people they suspected to be a fifth column” said the witness, pointing out that even the USA detained Japanese nationals on US soil during World War II.
Witness comes under fire
The credibility of the expert witness was questioned by the prosecutor Simone Monasebian during cross-examination. She pointed out that some of the sources the expert referred to were biased because of their political leanings.
Among the sources the prosecutor pointed out was Shyirambere Jean Barahinyura, a former RPF member who later crossed the floor and became a founder member of the extremist party CDR. Barahinyura was also CDR’ representative in Germany, where he resides.
The prosecutor, who had the previous day questioned the credibility of the expert witness’ testimony, found flaws in Dr. Strizek’s testimony and his publications. She accused the witness of biased research and “using unverified rumours in an annex of what is supposedly scholarly work”.
The trial continues on Wednesday in Trial Chamber One of the ICTR with the prosecution continuing with cross-examination.
Chamber One is composed of judge Navanethem Pillay of South Africa, assisted by Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/CE/FH(ME’0506e)
MAY 5th, 2003
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ICTR/MEDIA
EXPERT WITNESS SAYS THE WEST WELCOMED HABYARIMANA COUP
Arusha, May5th, 2003 (FH) - The media trial resumed on Monday at the International Criminal Tribunal for Rwanda (ICTR), with an expert defence witness saying that western countries supported Habyarimana’s coup d’état in 1973.
Dr. Helmut Strizek, a political scientist and expert on both Rwanda and Burundi, told the tribunal that the then president, Gregoire Kayibanda, was losing control of the country to extremist groups.
He added that events in neighbouring Burundi had caused many Hutu refugees to spill into Rwanda, raising tensions within some of these groups. “There were people who felt that they should do something to avenge the Burundi Hutus fleeing from the genocide in their country”, he revealed.
The witness continued that Habyarimana was a more welcome replacement for Kayibanda. “Many people in the west were happy to see a general ready to restore order” said Dr. Strizek, adding that until 1986, Habyarimana was considered within diplomatic circles as a model African president who had development of his country at heart.
Dr. Strizek lived in Rwanda during those years and gave a detailed account of the political developments that helped shape Rwanda. He told the tribunal that Habyarimana sincerely wanted to solve the problems of refugees but was impaired by the overpopulation.
“Poverty was glaring everywhere and that there was a shortage of land.” The witness said. “Sometimes we would wonder how people survived”.
Earlier, the prosecutor, Simone Monasebian, tried in vain to question the expertise of the witness in a bid to disqualify his testimony but she was thwarted when the president of Trial Chamber One of the ICTR, judge Navanethem Pillay of South Africa, ruled that Dr. Strizek be accorded expert witness status.
Dr. Helmut Strizek is appearing on behalf of Ferdinand Nahimana, a former senior government official and at the same time founder-member of the “hate” station Radio télévision libre de mille collines (RTLM.
Nahimana is jointly accused with Hassan Ngeze, former owner and editor-in-chief of “Kangura” newspaper, and Jean Bosco Barayagwiza, a board member and senior official the Extremist party, Coalition for the defence of democracy (CDR).
All have pleaded not guilty to charges that they used the media to incite and promote ethnic hatred that culminated in the 1994 genocide in Rwanda.
The trial continues on Tuesday with the current witness continuing with his testimony. Judge Pillay is assisted by Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka
KN/CE/FH(0505e)
APRIL 22nd, 2003
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ICTR/MEDIA
SYNTHESIS: HASSAN NGEZE’S TESTIMONY
Arusha, April 22nd, 2003 (FH) - Hassan Ngeze, one of the three accused in the “hate media” trial, testified before the International Criminal Tribunal for Rwanda (ICTR) March 24 to April 8, 2003.
A former owner and editor-in-chief of the “Kangura” newspaper, 46-year old Hassan Ngeze is charged with seven counts, among them, genocide, conspiracy to commit genocide, complicity in genocide, direct and public incitement to commit genocide and crimes against humanity (assassinations, persecution and extermination).
The office of the prosecutor maintains that between January and December 1994, Hassan Ngeze “knew or had reasons to believe that articles published in Kangura incited, helped and encouraged the population and militia to exterminate all Tutsis, moderate Hutus, and Belgian citizens, and never took reasonable measures to prevent those acts or punish his subordinates”.
In addition, Ngeze is also accused of killing a Tutsi woman on April 10, 1994 and one of his neighbours who was also Tutsi, Modeste Tabaro, on April 21, 1994 in Gisenyi (western Rwanda).
Ngeze turns down assistance of lawyers
During his examination-in-chief Ngeze refused to be guided by his lawyers, opting to steer his own defence according to a “structure” he had prepared. Ngeze’s six-chapter defence strategy was highly publicised when the accused posted it on the internet.
His defence plan touched on many diverse issues such as the origins of the Hutu-Tutsi conflict in Rwanda, his role as a journalist and “saviour” of Tutsis during the genocide. It also included an interpretation of his writings in Kangura and challenging prosecution witnesses’ testimonies.
Ngeze however spent a big portion of his testimony on the history of Rwanda, reserving little time to reply to accusations levelled against him. The president of the chamber, Judge Navanethem Pillay of South Africa, called the accused to order on many occasions, telling him:” We expect you to defend yourself. Presenting history books does not help your cause because they are not elements of proof”.
Ngeze kept arguing that in order to understand Kangura, one first had to fully understand the realities of the Rwandan history, which according to him, was characterised by antagonisms between the Hutus and the Tutsis.
A turbulent history
“All that was written in Kangura from issue number one to 73 is part of Rwandan history”, Ngeze continued unflaggingly during his testimony, regretting that Rwandans never discussed the origins of the Hutu-Tutsi conflict. Ngeze maintains that “the 1994 tragedy is a combination of sad events that were never tabled for discussions before Rwandans”.
The former journalist is of the view that Rwandans missed a big chance to debate the issue during peace negotiations in 1993 between the government of Rwanda, at that time dominated by Hutus, and former rebels of Tutsi-dominated Rwandese Patriotic Front (RPF) that are in power in Kigali today.
“The international community forced us to apply the Arusha accords yet we had not exhausted all points of discussions” argued Ngeze, saying that the problem of ethnic relations were never on the agenda during the negotiations. “Reconciliation will never be possible if Rwandans do not come to terms with their history”, he declared.
Ngeze continued that it was one of the reasons that he joined up with about 50 other people in early 1992 to form a political party, the Coalition for the Defence of the Republic (CDR). According to him, CDR was the only party ready to table the political problems between Hutus and Tutsis.
“I fully agree with the statutes of CDR”, Ngeze made the revelations, underlining the fact that it was the only party willing to push for an open debate on interethnic relations in Rwanda. The ICTR prosecutor on the other hand alleges that CDR was a front that preached the Hutu extremist ideology.
Hassan Ngeze denies ever supporting that kind of ideology. “I was one of the 55 people who founded CDR, but after its creation, I disappeared”, explained Ngeze, adding that his profession as a journalist called for his neutrality vis-à-vis political parties.
Ngeze was also quick to justify his title of “advisor” within CDR, arguing that it was simply an “honorary” title. He continued that his close association with CDR was also an attempt to entice the party to buy advertising space in Kangura.
Ngeze the journalist
Hassan Ngeze claims to have got into the media profession in 1978 working with “different Rwandan newspapers” without naming any in particular. He was a journalist with “Kazagwa” in 1984, before changing its name to “Ejo Nzamera Nte” a few months later. In 1989 it again changed its name, this time to “Kanguka”.
Ngeze simultaneously launched “Gisenyi Information”, which he describes as “the only independent news agency”. But observers reveal that that it was nothing more than a kiosk at Gisenyi market that sold newspapers, soft drinks and that also offered telephone and fax services.
Because of the change in the editorial policy, Ngeze moved from Kanguka and started “Kangura” in May 1990. According to him, Kanguka had fallen under the influence of some Tutsi businessmen with links to the RPF. The rebel movement was at that time preparing to attack Rwanda.
During his testimony, Ngeze insisted that he was the sole owner of Kangura. The prosecution on the other hand alleges that the newspaper was created by people close to the entourage of former president Habyarimana to propagate the “Hutu extremist ideology”. The list includes Ngeze and his two co-accused; the university professor Ferdinand Nahimana and Jean Bosco Barayagwiza, a politician. Also on the list is former minister, Joseph Nzirorera.
Describing himself as a “street boy”, Hassan Ngeze cleared himself of any wrong doing. “I was nothing. The prosecutor makes me out as if I was someone important, close to the government and billionaires”, Ngeze defended himself, adding that sometimes he had problems meeting his printing bills. “No one, not even one person in the government helped me. Instead they threw me in jail”, he said.
Ngeze also revealed to the tribunal that between 1980 and 1994, he was imprisoned 20 times and arrested 35 occasions. “Prison was my second home”, he frequently liked to joke. “Every time I produced a newspaper, I immediately packed my bags as I knew I would be going to prison”, the accused stated.
Kangura’s editorial policy
Ngeze then went on to defend the editorial line adopted by Kangura, denying allegations that he extolled Hutu unity against Tutsis.
“I never called for Hutus to unite against Tutsis. I called for unity among
Hutus so they could sit down with Tutsis and talk over their problems”,
Ngeze explained.
In December 1990, Kangura published the famous “Ten Hutu commandments”,
which, according to the prosecutor, “not only openly poured scorn and
incited hatred for the Tutsi minority, but also singled out Tutsi women for
slander and persecution”.
One of the said “commandments” stated that “Hutus should stop showing pity
to Tutsis.” Hassan Ngeze had earlier published the “nineteen Tutsi
commandments”.
Hassan Ngeze claims that he never supported any of the Commandments, “be
they Hutu or Tutsi”. According to him, it was of paramount importance that
Rwandans be informed of the existence of these “commandments”, adding that
“Kangura is not a bible. “Articles published in Kangura were meant to
provoke debate among its readers”.
It is on that argument that Hassan Ngeze denies having incited massacres
using Kangura.
“I never incited anyone to do anything”, he underscored, adding that he
simply used ”normal language” in his writings. The prosecution has a
different view from Ngeze’s. It argues that Ngeze relied heavily on Rwandan
proverbs to incite hatred against Tutsis. “It is everyday language in usage
in Rwanda, it is not my own invention”, Ngeze retorted. He then goes on to
justify his defence by saying that at the height of the genocide, he never
published anything.
A Good Samaritan?
Hassan Ngeze on the contrary presented himself as the “saviour” of thousands
of Tutsis during the genocide by taking them to safe havens whether in
Rwanda or in the former Zaire. The accused further claimed that he
“recruited” others to help him save Tutsis.
“The person standing before you is not a criminal”, Ngeze declared. “Soon
you will have before you former high ranking members of the government and
the military. Just ask them one question: How many people did you save?” he
stated.
Ngeze argued that his generosity was well known by his countrymen,
punctuating his remarks that; “I am the hand that gives cattle to others. I
am the person that families turn to in times of problems… those who call
upon me in times of danger, I rush to their aid”.
In addition, the former journalist claimed that he is unjustly accused. “I
told the prosecutor that he had arrested the wrong person. In fact I should
have been called as a prosecution witness”, he stated.
He continued by saying that well before 1994, he had tried to prevent
massacres by warning competent authorities of the dangers of resuming the
war. “if they had listened to me, this tribunal would not be in existence
because there would never had been a war”, Ngeze declared.
In conflict with his lawyers
During his testimony, Hassan Ngeze refused advice form his counsel, the
American John Floyd and Rene Martel from Canada. The Chamber gave him the
green light to testify directly before being cross-examined by the
prosecution.
Ngeze gave a hard time to his lawyers whom he frequently requested that they
be replaced by those of his own choosing that he would pay form his own
pocket. The accused and his counsel have an understanding that they will not
represent him in case of appeal.
Counsel Martel nevertheless stuck by his client during his testimony on many
occasions, reminding him of pertinent questions the chamber expected him to
answer and objecting to some of the prosecutor’s questions.
Rene Martel also filed for and obtained that more time be given to his
client to testify. “It is obvious that Mr. Ngeze has not yet finished
answering charges levelled against him… it would be prejudicial to his case”
, Martel argued on the fifth day of Ngeze’s testimony. The chamber accorded
the accused an extra day and a half before being cross-examined by the
prosecution.
During cross-examination by Charity Kagwi-Ndungu, the Kenyan member of the
prosecution team, the accused tried to control proceedings, going as far as
suggesting to the prosecution the questions he should be asked and the
attitude to adopt. The chamber on many occasions reminded him to have the
courtesy of showing some respect to the prosecution.
The media trial is being heard by Trial Chamber One of the first instance of
the ICTR presided over by the South African, Navanethem Pillay assisted by
the Norwegian Erik Møse and Asoka de Zoysa Gunawardana from Sri Lanka.
Part of the proceedings of Hassan Ngeze’s trial have been posted on an
internet website; <
http://www.hassanngeze.s5.com
>. Ngeze denies any
responsibility for the website, the same way he denies using his personal
E-mail address to send a love letter to one member of the prosecution team,
Simone Monesebian from the United States. “Monesebian deserves to be loved,
but it is another person who wrote that letter using my name”, Ngeze
defended himself.
The trial was adjourned April 11, 2003 and according to a source within the
Registry, it will resume “in the week starting may 5th, 2003.
KN/AT/CE/FH (ME'0422e)
APRIL 10th, 2003
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ICTR/MEDIA
PROSECUTION QUESTIONS BEMERIKI’S TESTIMONY
Arusha, April 10th, 2003 (FH) The prosecutor in the media case Thursday told the International Criminal Tribunal for Rwanda (ICTR), that defence witness, Valérie Bemeriki, “had a habit of making false statements”.
Simone Monasebian made these accusations after the witness confessed that she had told lies in all statements made to the office of the prosecutor before January 2000. Bemeriki, 48, a former journalist with
Radio television libre de mille collines
(RTLM), is a detainee in Rwanda who was called by Ferdinand Nahimana’s defence counsel.
Nahimana, a former board member of RTLM, is jointly accused with two others for using the media as a tool of the 1994 genocide in Rwanda by inciting ethnic hatred and killings. The others are Jean Bosco Barayagwiza also a founder-member of RTLM and Hassan Ngeze, former editor-in-chief of “Kangura” Newspaper.
“Did the ‘lightening rod of truth’ hit you only after your meeting with Mr. Duval?” asked Monasebian referring to Nahimana’s lead counsel, Jean-Marie Biju-Duval. This was after Bemeriki had retracted all that she had said in 1999 that implicated all the suspects in the media trial.
“I made a mistake”, said the witness. “I lied and I would like to correct the lies for the reasons I gave yesterday”. Bemeriki had said the previous day that she had lied both to the office of the prosecutor of the ICTR and the Rwandan government in part to save her skin and also to revenge on former colleagues who had left her stranded in Congo.
She was arrested by Rwandan forces in eastern Congo in 1999 and transferred to Rwanda where she is awaiting trial.
In her earlier statements, Bemeriki had stated that Nahimana was unquestionably the one who ran RTLM. She later revoked that statement when she said that the accused was only a member of the steering committee.
The witness emphatically declared that the director had been Phocas Habimana who is no longer alive; to which Monasebian retorted that “the conveniently dead Phocas Habimana” was being used as a scapegoat.
In a bid to question the credibility of the witness, the prosecution exhibited tape recordings of Valérie Bemeriki’s broadcasts on RTLM, which contradicted many of her earlier testimonies. Bemeriki’s response was that she could not answer questions put to her on her role as an RTLM journalist as it would jeopardise her case in Rwanda.
The prosecutor told the witness that the real reasons behind her changing of her testimony was her personal grudge against people, imagined or not, that had scorned her. The witness refuted the allegations.
The trial resumes Friday in a closed session for a brief status conference in Trial Chamber One composed of Navanethem Pillay of South Africa (presiding) Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/FH (ME’0410e)
APRIL 9
th
, 2003
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ICTR/MEDIA
BEMERIKI SAYS SHE LIED TO SAVE HER SKIN
Arusha, April 9
th
, 2003 (FH) - A former journalist with the Radio télévision libre des Mille collines, Wednesday told the International Criminal Tribunal for Rwanda (ICTR), that she told lies to both investigators of the ICTR and the Rwandan government in order to save her skin.
Bemeriki made the revelations on the second day of her testimony during cross-examination by the prosecution. The witness was brought to Arusha from a Rwandan prison where she is being held on genocide charges to testify as a defence witness for Ferdinand Nahimana, one of the three people on trial to incite and propagate the 1994 genocide in Rwanda.
The others in the joint trial in what is known as the media case are; Hassan Ngeze, former owner and editor-in-chef of “Kangura” newspaper, and Jean Bosco Barayagwiza, board member of RTLM. All have pleaded not guilty.
The witness had earlier been told by the president of Trial Chamber One, Navanethem Pillay, to be careful in her testimony as not to incriminate herself when she goes on trial in Rwanda. She had earlier been short-listed as a prosecution witness but was later dropped.
Another reason Bemeriki gave was that she made the false statements after being arrested in the Congo by Rwandan agents, “I was angry and driven by the spirit of vengeance for having been abandoned by my colleagues in Goma”. She added that the prosecution had promised her to intercede with the Rwanda government on her behalf.
“Had I not been stranded in Goma I would be here in Arusha and not in a Rwandan prison”, she declared, though she denied that being transferred to the ICTR had been the original deal with the prosecution. She then went on to deny all her earlier statements and told the court that she was in the process of preparing a document that rectifies the “lies”.
Bemeriki also denied a statement she had earlier made to the prosecution, among them that Nahimana had not pulled strings in order for her to get a job with “Interahamwe” magazine owned by the ruling party, MRND. She also denied having been an acquaintance of long date of the accused.
Explaining the workings of RTLM, the witness said that all administrative decisions were taken care of by the director, Mr: Phocas Habimana. The prosecution has maintained that Nahimana was the de-facto head of RTLM.
The trial continues in Trial Chamber One composed of Navanethem Pillay of SouthAfrica (presiding) Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/FH(ME’0409e)
APRIL 8th, 2003
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ICTR/MEDIA
NGEZE CONCLUDES TESTIMONY INSISTING HE IS NOT A CRIMINAL
Arusha, April 8th, 2003 (FH) Hassan Ngeze Tuesday concluded his testimony in fervent voice before the International Criminal Tribunal for Rwanda (ICTR). Ngeze, as usual smartly dressed in flowing robes, was defending himself in a trial where he and two others are accused of using the media to incite ethnic hatred that led to the 1994 genocide in Rwanda
Ngeze former editor-in-chief of ‘Kangura’ newspaper told the court that history would be his judge for the role he played in saving Tutsis during the genocide. “The person you see seated here, madam president, is not a criminal”, the accused ardently declared to the presiding judge of Trial Chamber One of the ICTR, Navanethem Pillay.
“Shortly you will have before you former high ranking members of the government. Just ask them one question: How many people did you save? But me, Hassan Ngeze, in 10 or 20 years humanity will praise me”, he dramatically stated before returning to his seat in the detainees’ docket.
The suspect continued that in the beginning he was so confident he would not last three months in detention and was surprised that he had passed six years behind bars. He challenged the testimonies of various prosecution witnesses who had linked him to the genocide, calling them “liars”.
He singled out Omar Serushago, a former militia leader in Ngeze’s hometown, Gisenyi, as both a “liar and a killer”. Serushago was convicted by the ICTR of genocide and sentenced to a15-year prison term after agreeing
to cooperate with the prosecution.
He reiterated that many of the prosecution witnesses who claimed to have seen him immediately after President Habyarimana’s death, were not telling the truth. “Between April 6 and 9, 1994, I was in prison for having predicted the president’s death”, he explained.
Ngeze denied being the source of the famous “Ten Hutu Commandments” that were published by his newspaper. These “commandments”, openly called upon Hutus to shun and alienate Tutsis. Their publication was widely condemned as building a rift between the two ethnic groups.
He explained that they first appeared in other papers and all he did was to re-run them. “We later ran an apology to those who felt hurt by the commandments”, the former editor said.
The court had been told the previous day that at the time of his arrest, Ngeze had over $ 200,000 in his account in a Kenyan bank. “When I left Rwanda in 1994, I had $250,000”, Ngeze explained, adding that while in exile, he had been given financial support by several African presidents.
The tribunal returned to the case of Ferdinand Nahimana, who is jointly accused with Ngeze, and a former government official, Jean Bosco Barayagwiza. A former journalist of Radio télévision libre de mille collines (RTLM), Bemeriki Valérie, was called by Nahimana’s defence counsel from a prison in Rwanda where she is being held for the same crimes as the person she is testifying for.
She denied claims by the prosecution that Nahimana was the director of RTLM. She said that the director was one, Phocas Habimana, who ran the day-to-day affairs of the radio Station. She said that she had never seen any documents signed by Nahimana in RTLM’s name.
“Our contracts were signed by Phocas Habimana, though Nahimana was a member of the steering committee”, said Bemeriki. Among those she named in the committee are Kabuga Felician, a businessman who has also been indicted by the ICTR but is still on the run, and Barayagwiza.
Bemeriki, the twelfth defence witness for Nahimana, continues giving her testimony Wednesday.
The South African judge, Navanethem Pillay, is assisted in Trial Chamber One by Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/FH(ME’0408e)
APRIL 7th, 2003
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ICTR/MEDIA
PROSECUTION WANTED ME AS KEY DEFENCE WITNESS, SAYS NGEZE
Arusha, April 7th, 2003 (FH) The former editor-in-chief and owner of “Kangura” newspaper who is on trial at the International Criminal Tribunal for Rwanda (ICTR), Monday said that that he had been approached by the prosecution to act as a defence witness.
Appearing before Trial Chamber One of the ICTR, Hassan Ngeze, 44 revealed that the prosecution had on many occasions asked him to cooperate in exchange for a plea-bargain. “They told me that I did not have a big case to answer and that I would probably win the case”, the accused informed the prosecution, adding that in their discussions they had been unable to solve one key issue; the killers of former Rwandan president.
“The office of the Prosecutor did not want to tackle the question of who killed Habyarimana. All they were interested in was the information I possessed”, he pointed out, adding that he was ready to help the prosecution, but only after completing his trial. He is jointly accused with three other people for using the media to incite and fan the 1994 genocide in Rwanda.
Those accused with Ngeze in what is known as the “Media trial” are two former founding members of the Radio-télévision libre des mille collines (RTLM); Jean Bosco Barayagwiza and Ferdinand Nahimana.
Barayagwiza has boycotted proceedings at the tribunal, citing the tribunal would not render fair justice as it was being manipulated by the Kigali government.
Ngeze echoed accusations he made last week that the tribunal had in its custody innocent people while the real killers were still at large. “I can be of great help to this court because of the information I have. But I first want to win my case because I am innocent, just like many others now in detention”.
Hassan Ngeze was answering questions from one of the prosecutors, William Egbe of Cameroon, during cross-examination. The prosecutor has in a greater part been attempting to punch holes into Ngeze’s testimony and many times tried to show that it was unreliable.
Ngeze’s camera saved hundreds
At one time Egbe challenged Ngeze to explain how he had stopped a band of militia from attacking a protected witness only identified as “RM 113”, yet continues to deny he had any link with the militia. “I was popular, even in Gisenyi, I would tell people in our mosque to disassociate themselves from the killings and instead bring Tutsis to my house from where I would smuggle them to Goma.
“When they saw my camera, they became scared that I might take their pictures and ran away. That is how I saved RM 113. I saved hundreds with my camera”, alleged the accused, adding that he was among the few people who saved the lives of Tutsis by driving them to the safety of UN peace keeping forces and church compounds in Kigali”.
Ngeze told the court that his deeds made him a target of Colonel Anatole Nsengiyumva who ordered an attack on Ngeze’s house. The prosecution had inferred that Ngeze had stage-managed the attack to cover up the death of one, Modeste Tabaro.
The trial continues Tuesday with Hassan Ngeze being cross-examined by Nahimana’s defence counsel, Diana Ellis, QC, of the United Kingdom.
Trial Chamber One is composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/FH(ME’0407e)
APRIL 4th, 2003
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ICTR/MEDIA
NGEZE SAYS THAT HE IS NOT RESPONSIBLE FOR ‘HIS’ WEBSITE
Arusha, April 4th, 2003 (FH) - Hassan Ngeze, a former editor and owner of “Kangura” newspaper Friday denied running a website bearing his name. Ngeze is appearing before Trial Chamber one of the International Criminal Tribunal for Rwanda (ICTR), where he is being jointly tried with two others for using the media to incite killings before and during the 1994 genocide.
He was being cross examined by one of the prosecuting counsel, William Egbe from Cameroon who presented evidence to the tribunal that documents pertaining to the progress of Ngeze’s trial were being regularly posted on the site.
“I have nothing to do with that website”, Ngeze at first vehemently denied, but later agreed that he knew the people running it. “Some friends of mine in the United States created that website to promote my trial”, he said, but denied supplying them with the documents, some of which are part of defence evidence.
The colourfully dressed suspect, who was visibly enjoying himself, goaded the prosecutor to find out who the authors were. “Find out for yourself who they are, if you want me to help you, pay me”, said Ngeze, rubbing together the fingers of one hand.
The home page of the website has the words: “This page is dedicated to Hassan Ngeze an African journalist in a war-torn country. He is accused because of having exercised his freedom of speech”.
The prosecutor has in the last few days been trying to show the Tribunal that Ngeze’s testimony was not reliable. One of the pieces of evidence the prosecutor presented to the court was a recording that was aired on the extremist radio station, “Radio télévision libre des mille collines” in May 1994.
In the recording, Hassan Ngeze denies harbouring Tutsis in his house, saying that it was propaganda being spread by the RPF in order to have him killed. Part of Ngeze’s defence strategy has been to show the court that he saved hundreds of Tutsis by hiding or smuggling them out of the country. Many witnesses gave evidence that he did so.
“Did you expect me to announce on radio that I was hiding Tutsis?” Ngeze asked the prosecutor. “That would have been inviting death”. He added that he had been against the killing of innocent civilians from the beginning and that this had attracted the attention of one of Colonel Anatole Nsengiyumva’s killers, Lieutenant BIzumuremyi.
He then accused the tribunal of arresting the wrong people. “Many innocent people have been arrested and they will find it difficult to prove their innocence. Yet the real killers are free. Why don’t you arrest them”? He demanded.
Ngeze is jointly on trial with former university professor and founder member of "hate-radio", Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza.
Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka, continues April 7th when William Egbe is expected to end his cross examination.
KN/FH(ME’0404e)
APRIL 4TH, 2003
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ICTR/MEDIA
I DENOUNCED ETHNIC TUTSI MASSACRES, SAYS EX-JOURNALIST
Arusha, April 4th, 2003 (FH) Genocide suspect and former journalist Hassan Ngeze told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that he had done his best in denouncing the massacres of ethnic Tutsis in 1994.
Ngeze is mainly accused of inciting Hutus to kill Tutsis in the run up to the 1994 genocide in Rwanda. He has been testifying in his defence for almost two weeks.
Ngeze told court that he had tried to avert the war in Rwanda by speaking out about its consequences.
The prosecution alleges that Ngeze directly incited massacres of Tutsis by dubbing them accomplices of the RPF (Rwandan Patriotic Front, currently in power) rebels.
The prosecutor submitted Kangura articles into evidence indicating that in the event the RPF, (which was in a cease fire agreement with the then Rwandan government shortly before the genocide) resumed fighting, Tutsi civilians should be killed.
Ngeze said that despite never ceasing to warn the competent authorities about the consequences of the resumption of war, they never listened to him. “If they had headed my advice, this tribunal wouldn’t be in existence, because there wouldn’t have been any war”, he said. The tribunal existed because I wasn’t listened to”, he added.
Ngeze is former owner and editor of alleged extremist newspaper
Kangura
. He is jointly on trial with former university professor and founder member of “hate-radio”,
Radio-télévision libre des Mille collines
(RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza.
“You are supposed to congratulate me because I tried to prevent the war”, said Ngeze. “I tried but I failed”, he added. Ngeze retaliated previous testimony that, despite a lot of difficulties. “In Kigali, I was the only person who saved one thousand people”, he said.
Kangura was not published between April and July 1994 due to the war and the genocide. “If I had means of publishing the newspaper between April and July 1994, I would have called on the people to stop the killings. I would have condemned the authorities”, said Ngeze.
“All the people implicated in the massacres were stupid. Including high ranking military officers and members of the government”, he added.
The trial continues before trial Chamber One of the ICTR composed of Judges Navanethem Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/AT/FH(ME’0404E)
APRIL 2ND, 2003
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ICTR/MEDIA
I NEVER CALLLED FOR HUTUS TO UNITE AGAINST TUTSIS, SAYS NGEZE
Arusha, April 2nd, 2003 (FH) - Genocide suspect and former journalist,
Hassan Ngeze on Tuesday told the International Criminal Tribunal for Rwanda
(ICTR) that contrary to charges against him, he never called on ethnic Hutus
to unite and fight Tutsis in the run up to the 1994 genocide in Rwanda.
Ngeze was testifying on his last day of his testimony-in-chief in the media
trial. He has been testifying since Monday last week. Prosecutor Charity
Kagwi-Ndungu of Kenya began cross-examining him on Tuesday afternoon.
Ngeze, former editor and owner of the newspaper Kangura, is mainly charged
with incitement to committee genocide against ethnic Tutsis and Hutus
opposed to the Rwandan government between April and July, 1994.
“I never asked Hutus to unite against Tutsis. I asked Hutus to unite among
themselves”, said Ngeze. He said there were profound differences between
Hutus and that this was important to tackle before going into the Hutu-Tutsi
conflict. “At least the Tutsis, to a certain level, were united”, he added.
Ngeze said that in 1992, he had supported the alleged Hutu extremist party,
Coalition pour la Défense de la République (CDR) because it asked “Rwandans
to come to a round table and discuss the Hutu-Tutsi question.” Before that
and even today, he said, there has been no decent debate on the causes of
the Hutu-Tutsi conflict.
The prosecutor argues that Kangura “published segregationist articles and
caricatures and names accompanied by photos of persons dubbed as enemies of
the state.” The prosecution says that such publications were directly
responsible for the killing of thousands of innocent civilians. Ngeze
maintains that Kangura was a “mirror of the history of conflict in Rwanda”.
Ngeze says that his articles were meant to alert the authorities about what
was going on but the authorities simply reacted with “paranoia”.
Ngeze is jointly on trial with former university professor and founder
member of “hate-radio”, Radio-télévision libre des Mille collines (RTLM),
Ferdinand Nahimana and former politician and also founder member of RTLM,
Jean-Bosco Barayagwiza.
Start of cross-examination
At the start of cross-examination, Ngeze confirmed that he had been in
charge of Kangura. “It was my newspaper. Even though certain articles were
published while I was in prison”, he said.
The prosecution says that “as editor-in-chief of Kangura, Ngeze had control
over its contents and all its employees including the journalists”. Ngeze
defines himself as “a special investigator, one of a few people with
knowledge of what happened in Rwanda and the great lakes region before and
after 1994”.
Prosecutor Kagwi-Ndungu suggested that Ngeze knew of a plan to exterminate
Tutsis in the event of resumption of war in 1994. Ngeze denied this and
added that “he tried to publish, to understand the consequences of the war
in case it resumed”.
Ngeze reiterated his testimony that, contrary to the prosecution, he had
saved many Tutsis between July and April.
Ngeze continues to answer questions from the prosecution on Wednesday. This
trial is before Trial Chamber One of the ICTR comprised of judges Navanethem
Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa
Gunawardana of Sri Lanka.
GG/AT/CE/FH(ME’0402e)
APRIL 1ST, 2003
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ICTR/MEDIA
NGEZE SAYS HE SAVED 1000 ETHNIC TUTSIS DURING THE GENOCIDE
Arusha, March 31st, 2003 (FH) - Genocide suspect and former journalist Hassan Ngeze on Monday told the International Criminal Tribunal for Rwanda (ICTR) that he had saved about 1000 ethnic Tutsis during the 1994 genocide.
Ngeze, owner and editor of defunct alleged extremist newspaper, Kangura, has since last week been testifying in his defence.
“I helped 1000 Tutsis. I was arrested eight times for that”, said Ngeze in response to a question from a judge. The accused said that he had helped Tutsis get to various safe locations in different parts of the capital Kigali including the Hôtel des Mille collines, Sainte Famille church, different UN locations or helped them flee the country.
Furthermore, Ngeze said that he had “trained” some six people to help transport persecuted Tutsis to Goma in the neighbouring Democratic Republic of Congo. Some defence witnesses have testified that Ngeze sneaked them to Goma using oil barrels.
“Many accused tell you that they didn’t participate in the massacres, but none ever tells you that they saved people (…) I’m one of those people who saved Tutsis”, said Ngeze. “I will receive the recognition of history”, he added.
Ngeze is jointly on trial with former university professor and founder member of “hate-radio”, Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza. The three are largely accused of using the media in Rwanda to fuel ethnic killings during the 1994 genocide.
New allegations of witness intimidation
At the beginning of the hearing on Monday, Ngeze’s co-counsel, Rene Martel of Canada demanded for an inquiry into what he said was the “intimidation” of three defence witnesses. On March 15th, the tribunal had ordered an investigation into allegations of witness intimidation concerning four witnesses.
Martel told the court that he had been informed by e-mail that three witnesses that are scheduled to testify in May “have been threatened with weapons” in their country of residence. “We are asking for an investigation, not one on paper but an investigation by professional police”, said the lawyer.
Martel also denounced prosecutor Charity Kagwi-Ndungu for allegedly paying frequent visits to genocide convict and former militia leader, Omar Serushago. The convict is an informer of the prosecutor. Kagwi denied the accusations and requested Martel to wait for conclusions of an investigation ordered by the chamber.
This trial is before Trial Chamber One of the ICTR comprised of judges Navanethem Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
Ngeze continued his testimony on Tuesday. The court had ordered him to conclude by Monday (yesterday). On Monday evening, Martel told judges that “visibly”, Ngeze hadn’t completed his testimony. He seconded Ngeze’s motion
to be granted three more days.
“It is my trial, I should be given time”, said Ngeze. He underlined that “I haven’t responded to the 47 prosecution witnesses, I haven’t reached Kangura”, he underlined. The chamber granted him half a day.
GG/AT/CE/FH(ME’0401e)
MARCH 28TH, 2003
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ICTR/MEDIA
I WAS NOT AN IMPORTANT PERSON, SAYS NGEZE
Arusha, March 28th, 2003 (FH) - Genocide suspect and former journalist, Hassan Ngeze told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that, unlike prosecution accusations, he hadn’t been an important person in Rwanda.
“I never was. The prosecutor portrayed me as a powerful man with close links to the government and millionaires”, said Ngeze on the third day of his testimony.
Ngeze, former owner and editor of the newspaper Kangura, told the judges that on several occasions, he didn’t even have the funds to print his paper. “No representative of the government helped me. On the other hand, they threw me in jail”, he said.
Constantly describing himself as “a street kid”, Ngeze said that he had been detained 20 times between 1980 and 1994, and had been put in police custody on 35 occasions during the same period. “Prison was my second home”, he said.
Ngeze said that he had created Kangura after developing differences with Valens Kajeguhakwa, an ethnic Tutsi businessman who had been financing Kanguka, the newspaper he (Ngeze) had been working with until then. Ngeze said that Kajeguhakwa had attempted to recruit him in the Tutsi-led Rwandese Patriotic Front (RPF) rebel movement that was at that time about to attack Rwanda from Uganda. “I told him that I was not ready to destroy my country by joining the RPF”, said Ngeze.
During his testimony, Ngeze tendered many history books into court evidence. He said that the books would “show the chamber that Ngeze had played no role between the Hutus and Tutsi but was instead an independent journalist in a country plunged in ethnic war”. Ngeze is mainly charged with direct and public incitement to commit genocide.
“You arrested the wrong person”
Ngeze said that there was no reason why he should be associated with any crimes committed through the media because he didn't publish his newspaper between April and July 1994 (the peak of the genocide). He said that during that period, he was opposing the killers and saving the persecuted.
“I never killed. I saved lives. And I did this at the risk of my own life. I’m not eliciting praise from the tribunal, I’m simply saying the truth”, he said. Several defence witnesses have testified that Ngeze helped persecuted Tutsis to flee to former Zaire.
The former journalist said that he was being wrongfully accused. “I told the prosecutor that they have arrested the wrong person.” said Ngeze. “I should in fact have been called as a witness.” he added.
Ngeze is jointly on trial with former university professor and founder member of “hate-radio”, Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza. The three are largely accused of using the media in Rwanda to fuel ethnic killings during the 1994 genocide.
This trial is before Trial Chamber One of the ICTR comprised of judges Navanethem Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
Ngeze's testimony continues on Friday morning, when it should also end.
GG/AT/CE/FH(ME’0328e)
MARCH 28TH, 2003
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ICTR/MEDIA
I WAS NOT A MEMBER OF CDR, SAYS NGEZE
Arusha, March 28th, 2003 (FH) - Despite conceding to having been a founder member of hard-line Rwandan political party CDR, genocide suspect and former journalist Hassan Ngeze on Friday denied at the International Criminal Tribunal for Rwanda (ICTR) having ever taken up membership card of the party.
“All I did was sign among the founders of the party”, he said, adding, “I never took any membership card of the Coalition pour la Défense de la République (CDR) or any other political party”. Ngeze said that even though he agreed with the constitution of CDR, he declined to take membership of any party as a way of defending his “journalistic integrity”.
Ngeze was editor of alleged extremist newspaper Kangura. The prosecution alleges that CDR was a major participant in the 1994 genocide in Rwanda.
Ngeze has been testifying in his own defence since Monday. He has refused any assistance from his counsels and testifies following a "structure" he has set up on his own.
During his testimony on Friday, Ngeze also distanced himself from a document he had signed as committee member of the CDR. The document is a letter to the then chief of the military for the north west Rwanda region of Gisenyi, col. Anatole Nsengiyumva. “I described myself as such to deter him from attacking me. I knew that the army was after me and was therefore trying to scare them away”, he said.
Ngeze also said that he had signed as founder member of CDR to “help the party get the required signatures to be legalised”. He also indicated that the party had a rare principle of “confronting and discussing ethnic issues openly”. “I was a founder of the CDR, then I disappeared”, he said.
Ngeze is jointly on trial with former university professor and founder member of “hate-radio”, Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza. The three are largely accused of using the media in Rwanda to fuel ethnic killings during the 1994 genocide. Ngeze is also accused of conniving with CDR members to incite ethnic Hutus to kill Tutsis and also to carry out attacks against Tutsi civilians.
“Kangura couldn’t have worked with the government”
Dressed in one of his trademark colourful West African gowns, Ngeze reiterated his previous testimony that Kangura had not been a mouthpiece of the then government.
He testified of an occasion on which the government had suspended Kangura publications. “When the prosecutor says that I worked with the government, I’m confused”, he said. “But I understand anyway, they are foreigners, they have been misled”, he added.
“I was merely a journalist dedicated to saving Rwanda, telling the truth and informing the public. All at the risk of my own life”, he said. Citing several incidences including his (Ngeze) revelations that President Juvenal Habyarimana of Rwanda and Cyprien Ndadaye of Burundi were to be assassinated, Ngeze said that he had done his best to avert violence in Rwanda.
“I warned these presidents but they just said I was a paranoiac. They were later assassinated as I had predicated”, he added.
Ngeze was initially scheduled to complete his testimony-in-chief on Friday but has now been given until Monday to conclude.
This trial is before Trial Chamber One of the ICTR comprised of judges Navanethem Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH(ME’0328f)
MARCH 26TH, 2003
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ICTR/MEDIA
KANGURA IS A MIRROR OF RWANDAN HISTORY, SAYS NGEZE
Arusha, March 25th, 2003 (FH) - Defunct alleged extremist newspaper Kangura is a reproduction of the history of conflict in Rwanda, former owner of the paper and genocide suspect, Hassan Ngeze told the International Criminal Tribunal for Rwanda on Tuesday.
Ngeze has since Monday been testifying in his defence. Until now, his defence has been centered on the history of Rwanda. He is mainly accused of using Kangura to incite ethnic Hutus to kill Tutsis during the 1994 genocide in Rwanda.
Ngeze, who has refused to co-operate with his court-paid lawyers, indicated that he was going to explain the contents of his newspaper and its basis in historical books. “What I wrote in Kangura no.1 to 73 is part of Rwandan history”, he said.
“I haven’t created anything, it is the history of my country (…) All that I wrote in Kangura is what even foreign historians focused on”, stated Ngeze, citing different articles on the history of conflict between Hutus and Tutsis in Rwanda before the 1950s.
Ngeze has told court that his testimony is likely to last about one week.
In a defence strategy he e-mailed to some fifty people, including journalists, Ngeze says that he will speak about his carreer as a journalist “between 1978 and 1997”, his efforts in saving persecuted ethnic Tutsis during the genocide and his own persecution and threats to his life. He also says that he will elaborate on the Hutu-Tutsi conflict “which continues to exist even today”.
Ngeze also says that he will testify about the help he offered foreign journalists between April and July, 1994. “This alerted the international community to intervene and remedy the situation”, he says.
Ngeze is jointly on trial with former university professor and founder member of “hate-radio”, Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza.
Ngeze also told court that, as a journalist, he had been interested in the work of the tribunal even before his July 1997 arrest. “I frequently came to the public gallery in the trial of (former mayor Jean-Paul) Akayesu”, he said.
Ngeze continues his testimony on Wednesday with explanations on his articles. The trial is before Trial Chamber One of the ICTR comprised of judges Navanethem Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/AT/CE/FH(ME’0326e)
MARCH 25TH, 2003
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ICTR/MEDIA
HASSAN NGEZE BEGINS HIS TESTIMONY AT RWANDA TRIBUNAL
Arusha, March 25th, 2003 (FH) - Genocide suspect and former journalist, Hassan Ngeze on Monday began his testimony at the International Criminal Tribunal for Rwanda (ICTR) in the so-called Media trial.
Ngeze is former editor of alleged extremist newspaper, Kangura. He is mainly accused of using the paper to incite ethnic Hutus to kill Tutsis in the run up to the 1994 genocide in Rwanda. Ngeze is jointly on trial with former university professor and founder member of “hate-radio”, Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana and former politician and also founder member of RTLM, Jean-Bosco Barayagwiza.
Hassan Ngeze who has refused to co-operate with his defence since the beginning of the trial said that his testimony would comprise of six parts mainly centered on his carreer as journalist and the history of Rwanda. He began working as a journalist in the late 80s.
Dressed in a grey gown and wearing a fez, Ngeze told the judges that he would concentrate on the cause of conflicts in pre-colonial Rwanda to help the court understand the contents and the source of his articles.
Furthermore, Ngeze said that he would testify on how he had worked with foreign journalists to help the outside world understand the Rwandan “reality”. He also said he would speak about his efforts in saving persecuted people during the genocide.
Ngeze’s defence has until now presented 29 witnesses. He is represented by lawyers John Floyd of the US and René Martel of Canada. Prior to the beginning of his defence, the court heard the witnesses for Nahimana. Barayagwiza has boycotted the trial since its beginning. Nevertheless, he is represented by court appointed lawyers.
Trial Chamber One of the ICTR is composed of judges Navanethem Pillay (presiding) of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/AT/CE/FH(ME’0325e)
MARCH 25th, 2003
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ICTR/MEDIA
HASSAN NGEZE: BIOGRAPHY
Arusha, March 25th, 2003 (FH) - Hassan Ngeze, a Rwandan journalist currently on trial for genocide in the media case at the International Criminal Tribunal for Rwanda, was born in 1962 in Rubavu commune, Gisenyi prefecture (West Rwanda), according to the official records of the ICTR. At the beginning of his testimony, he told the court that he was born on December 25th, 1957.
Ngeze began testifying in his defence on Monday, March 24th, after twenty-nine witnesses also testified in his defence.
The journalist
Ngeze, a Hutu, worked as a columnist between 1978 and 1997 for different Rwandan newspapers.
During the 1994genocide, he was the editor-in-chief of the Kangura newspaper, having held this position since 1990. Before joining Kangura, Ngeze was the Gisenyi correspondent and distributor of another independent newspaper called Kanguka. Kangura was established in 1990 to defend and promote the extremist Hutu ideology and to unite all Hutus in order to heal Rwanda, according to the prosecution. The newspaper published interviews, messages and speeches by political and government figures inciting to exterminate the Tutsis and moderate Hutus.
In December 1990, one month after publishing the ten commandments of the Batutsis, Ngeze, published in Kangura the ten commandments of the Bahutus showing contempt and hatred for Tutsis. Among them was one asking the Hutus to stop having mercy on the Tutsis. On several occasions between May 1990 and December 1994, the newspaper described Tutsis as the enemy and the members of the opposition as their accomplices.
Apart from his journalistic activities, Ngeze was also involved in politics. He was the founding member of the Coalition for the Defence of the Republic (CDR) and an influential member of the party, being an advisor to its committee of directors. CDR was one of the main political parties in Rwanda and had a youth wing called Impuzamugambi. It was formed on February 18th 1992.
According to the indictment, Ngeze was also one of the leaders of militiamen in Gisenyi prefecture. Before the CDR was founded, he was a member of the MRND political party, the ruling party during the genocide. The MRND had been formed by President Juvenal Habyarimana in 1975.
In 1993, Ngeze and Kangura newspaper became shareholders of the RTLM "hate" radio. He is now a suspect in the so called " media trial" which groups three media leaders accused of having used the media to incite killings during the 1994 genocide in Rwanda.
The two other accused are former director of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana and former politician and RTLM board member Jean-Bosco Barayagwiza. Nahimana's defence team has so far called 11 witnesses. Nahimana who wound up his defence on January 16th, 2003 testified in his defence in October last year for two weeks. Another suspect in the trial, Barayagwiza has continued to boycott the proceedings, saying that the government of Rwanda unduly influences the court.
Before Ngeze became a journalist, he was a shoe shiner then a bus conductor according to prosecution witnesses who know him well and have testified in the Media Trial. One of them dubbed EB to protect his identity from the public told the judges in May 2001 that as far as he knew, Ngeze was not a trained journalist when he started the extremist Kangura newspaper. He added that Ngeze's level of education was only primary school. It is difficult to find much documented information on Ngeze and especially his life history.
The accused
Ngeze has been in conflict with his defence team for almost two years. He has asked and been denied permission to dismiss them on July 4th 2002.
Before he began his testimony on Monday, Ngeze stated that he did not want to be led by his counsel. He has also indicated that he does not want to be represented by his two counsels John Flyod of the USA and Réne Martel of Canada, in the appeals chamber should he be convicted.
Ngeze claims that his lead counsels are incompetent and have isolated him in the preparation of his defence.
"The chamber notes that he (Ngeze) has periodically worked with his counsel", said presiding judge Navanethem Pillay of South Africa. "The motion (to dismiss counsel) is dismissed", she added.
Floyd denied allegations that he had refused to consult his client. "We have done our best. Sometimes he has refused to receive us or to speak to us on the phone", he said, adding that, " Everyone knows that Mr. Ngeze is very difficult."
Ngeze was also denied a motion to allow him to cross-examine prosecution expert witness and French historian, Jean-Pierre Chrétien.
Ngeze first unsuccessfully applied to discontinue his defence team in April 2001. Floyd then asked the court to do a psychiatric test on Ngeze. The results of the test have been kept confidential.
Apart from giving his lawyers a rough time, Navanathem Pillay, the presiding judge of Trial Chamber One hearing the case has also had some difficult times trying to control the accused in court. On several occasions, while Ngeze was shouting or
interrupting sessions on several, judge Pillay had to intervene and ask him to sit or calm down. On March 3rd, she had to warn Ngeze on two occasions to respect court procedures, and told him that if he failed to abide, he would
be thrown out of court.
The detainee
One day after he began his evidence, and in an unprecedented move at the ICTR, Ngeze circulated an e-mail to about fifty people, including journalists, on how he intended to proceed with his testimony. The document entitled "Ngeze testimony at the International Criminal Tribunal for Rwanda" is twenty pages long and is divided into six chapters. Ngeze will start, for
instance, with "the cause of conflict between antagonists Hutus and Tutsis from 1959 to 1994, a conflict which until the present day, is far from coming to the end". Chapter III will "deal with Ngeze being a newspaper columnist from 1978 to 1997; Ngeze saving lives of innocent Tutsis April to July 1994 ; Ngeze threatened to death for having sheltered Tutsis;
April -July 1994, a few times when Ngeze could be out of jail, he helped foreign TV and Radio stations to alert international community to see if they can intervene and remedy the situation by taking photographs and sending abroad video of what was happening at that time, CNN, BBC, included".
Ngeze is one of the only two UN detainee, with co-accused Jean-Bosco Barayagwiza, who owns a (www.hassanngeze.s5.com <
http://www.hassanngeze.s5.com
>) . On it, he talks generally about his trial and his life at the UN detention facility in Arusha. In Ngeze's own words, the website is dedicated to "an African journalist in a war torn country who is accused of having exercised his freedom of speech and now stands accused at the ICTR".
Ngeze was arrested in Kenya on July 18 1997 and transferred to the United Nations detention facility in Arusha the same day. His initial appearance before the tribunal was on November 19th 1997.
While in detention, and before the media trial began, Ngeze also gave a hard time to the registry of the ICTR. In January 1998, he allegedly attempted to commit suicide, absorbing a mixture of chemical products. However, it was never really clear whether Ngeze did want to end his life. Some details leaked from the registry that Ngeze had, prior to absorbing the chemicals, checked with inmates that cow milk was a proper antidote to the chemicals, and that he drank a whole bottle of it when he regained consciousness.
PJ/CE/FH (ME'0325e)
MARCH 21
st
, 2003
_______________________________________________
ICTR/MEDIA
NGEZE TO TESTIFY MARCH 24
Arusha, March 21
st
, 2003 (FH) - Trial Chamber One of the International Criminal Tribunal for Rwanda (ICTR), Friday ruled that one of the accused in what has been called the “Media trial”, give testimony March 24.
Hassan Ngeze a former owner and editor of “Kangura“ newspaper, is jointly charged with Jean Bosco Barayagwiiza and Ferdinand Nahimana, both former senior government officers and founders of “Radio Télévision libre de mille collines”. All three have pleaded not guilty to charges that they used the media to incite the 1994 genocide in Rwanda.
The trial resumed by listening to another protected defence witness, dubbed “RM5” to keep his identity secret. The witness denied claims by the prosecution that Ngeze was armed during the genocide, saying that one had to get a firearms permit from the army in order to posses a gun.
“Ngeze was on bad terms with the authorities”, claimed the witness, adding that he had been arrested many times on suspicion that he was colluding with the “inyenzi”, (cockroaches, a derogatory name for Tutsi rebels).
Ngeze makes demands
Ngeze, who has been requesting that the court to grant him more time in order to prepare his testimony, made a number of demands before appearing in person. He told the tribunal that he had been denied access to a printer in order to print out some of the documents he needed in his defence. He claimed that he had already bought he computer that he had been denied access to it by the United Nations Detention Facilities (UNDF) authorities.
The court ruled that the UNDF should grant the accused his request, as he had argued that he had over 70 CD ROMS of documents that were relevant in his testimony. It also ruled that Ngeze would appear before the court, irrespective of whether he had got the printer or not.
Hassan Ngeze’s lead counsel, René Martel of Canada had requested that before Ngeze testified, the defence wanted to present another protected witnesses going by the name “RM 117”. The tribunal held that it would accommodate the witnesses when it resumed Monday.
Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
KN/FH(ME’0321e)
MARCH 14TH, 2003
__________________________________________________________________
ICTR/MEDIA
MORE DEFENCE WITNESSES EXONERATE NGEZE FROM 1994 GENOCIDE
Arusha, March 14th, 2003 (FH) - In a string of some of the fastest
testimonies in the history of the International Criminal Tribunal for Rwanda
(ICTR), five defence witnesses on Friday said that contrary to prosecution
charges, genocide suspect and former journalist, Hassan Ngeze was a man of
noble character.
“There were always people at Ngeze’s home seeking for assistance. He gave
them food, money and everything else he could afford”, protected witness
‘RM115’, named as such to protect his identity.
Witness ‘RM300’, an ethnic Tutsi, told the court that Ngeze had arranged the
escape of her children from Rwanda to Congo during the genocide. “He even
made sure that they had money to live on”, she said.
Another witness, RM200 echoed the testimony of RM115. Furthermore, she said
that she had learnt from people that had testified for the prosecution in
this case that they had lied against Ngeze. “She told me that she would go
to Arusha to cut off the head of Hassan Ngeze”, RM200 talked of a former
prosecution witness.
RM200 said that this prosecution witness had got money from genocide
survivors’ organisation, IBUKA to “come and give false testimony that Ngeze
had killed”.
RM200 also said that Ngeze had helped her and her children to flee Rwanda at
the height of the genocide. “He put us in empty fuel barrels and drove us
across the boarder to Congo”, said RM200.
Ngeze was the owner and editor of Kangura newspaper. He is jointly on trial
with Ferdinand Nahimana, a former university professor and one of the
founders of “Hate radio”, Radio télévision libre de milles collines (RTLM)
and former politician and board-member of RTLM, Jean Bosco Barayagwiza. The
three are largely accused of using their respective media to instigate the
1994 genocide.
All the witnesses also testified that they had never seen Ngeze in
possession of a weapon or dressed in militaly fatigue. Ngeze has been
accused of leading militia attacks in his hometown of Gisenyi during the
genocide. He is also accused of murder. Three of the witnesses also said
that Ngeze was not been responsible for the killing of one Modeste Tabaro.
They all said that Modeste had been killed by two soldiers, one called Jeff
and the other Regis.
The defence is expected to present 6 more witnesses on Saturday and Sunday.
It will be the first time that the court sits on these days. According to
the judges, the schedule is meant to speed up the hearings of these
witnesses who have been waiting to testify for longer than previously
planned.
Trial Chamber One is composed of Judges Navanethem Pillay of South Africa
(presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri
Lanka. Judge Gunawardana has been away for over a week after being operated
upon.
GG/CE/FH(ME'0314e)
MARCH 13TH, 2003
__________________________________________________________________
ICTR/MEDIA
RAPE VICTIM TESTIFIES FOR NGEZE
Arusha, March 13TH (FH) - A Tutsi victim of sexual violence during the 1994 genocide in Rwanda, Thursday testified before the International Criminal Tribunal for Rwanda that one of the three accused in the so-called "media trial", Hassan Ngeze, had welcomed her in his house in Gisenyi and later helped her seek asylum in former Zaire.
Ngeze, a former owner and editor of "Kangura" newpaper, is jointly tried with former politician and board member of extremist radio station, Radio-Télévision Libre des Mille Collines (RTLM), Jean Bosco Barayagwiza, and a director of the same station and former university professor, Ferdinand Nahimana. All three have pleaded not guilty to genocide and inciting the killing of ethnic Tutsis through the media.
The witness, dubbed "RM114" to protect her identity, told the court of her ordeals on the journey from Kigali to isenyi. She revealed that she had been gang-raped in Gitarama after seeing her two brothers chopped to death and thrown into a pit.
"RM 114" said that she was rescued by a "good Samaritan" who took her with her three children to Gisenyi and put them under Ngeze's protection. The witness continued that she had received kindness from the accused, who fed her and her family and brought her medical aid for her injuries sustained during her gang-rape.
"Only the almighty God can reward Ngeze for his kindness", answered the witness in reply to the prosecutor's question as to whether she was not beholden to Ngeze for having saved her life.
"RM 114", the third defence witness of the day also told the court that at Ngeze's instigation, she was moved from house to house for her safety, before finally being smuggled across the border into the former Zaire disguised as a Muslim woman.
The court also heard the testimonies of three other protected witnesses for the defence, RM112, RM113 and RM118. All three concurred on evidence that had been given by previous defence witnesses that Hassan Ngeze had been arrested many times for helping Tutsis flee and that as a result his house was attacked and bombed.
They also testified that one Modeste Tabaro had not been killed by Ngeze as alleged, but by two soldiers only named as Regis and Jeff. Witness "RM 112" a former Rwandan government soldier, added that he had personally helped Ngeze smuggle Tutsis across the border in oil drums.
The trial continues on Friday and over the weekend to make up for lost time. It will be the first time that the tribunal sits on a Saturday and Sunday.
Trial Chamber One has not been sitting for the last nine days due to the absence of Judge Asoka de Zoysa Gunawardana of Sri Lanka who has been ill and "is recovering from urgent surgery", Judge Pillay announced at the beginning of the session. The presiding judge, Navanethem Pillay from South Africa conducted the hearing assisted by Erik Møse of Norway.
KN/FH(ME’0313e)
MARCH 12TH, 2003
__________________________________________________________________
ICTR/MEDIA
MEDIA TRIAL RESUMES AFTER 10 DAYS OF INTERRUPTION
Arusha, March 12TH (FH) - The ongoing trial at the International Criminal
Tribunal for Rwanda (ICTR) of three people accused of using the media to
incite the hatred and killing of ethnic Tutsis, will resume Thursday and, in
an unprecedented move, will also meet over of the weekend at the
International Criminal Tribunal for Rwanda.
Trial Chamber One, which is hearing the so-called "media trial", has been
held up for more than a week as each of the three judges were absent at one
time or another.
The chamber last sat on March 3, 2003 and even then in the absence judge
Eric Møse of Norway who was away. The next day it was judge Asoka de Zoysa
Gunawardana of Sri Lanka who was not available and has not sat since then.
In the mean time, the presiding judge of the chamber, South African
Navanethem Pillay, was preparing to be sworn in as a judge of the
International Criminal Court (ICC) in the Hague. She was sworn in on
Tuesday.
The trial will again be heard by two judges, but the office of the registrar
has put up special measures to help involve the absent judge. There will be
no closed circuit television broadcasts as the court will be video-recording
protected witnesses so that the judge can view the tapes later and give his
opinion.
The trial brings together the former director of "Radio télévison libre de
mille collines" (RTLM), Nahimana Ferdinand, Hassan Ngeze, owner and editor
of "Kangura" newspaper, and a former senior government official who was also
on the board of directors of RTLM, Jean Bosco Barayagwiza.
KN/CE/FH(ME’0312e)
M
arch 5th, 2003
_________________________________________________
ICTR/ MEDIA
NAHIMANA'S LAWYERS APPEAL COURT'S DECISION TO BAR EXPERT WITNESS
Arusha, March 5th 2003 (FH) - The defence team of Ferdinand Nahimana, one of the three media personalities accused of genocide in the so-called Media Trial, appealed on Tuesday to Trial Chamber One of the International Criminal Tribunal for Rwanda to go back on its decision of not allowing an expert witness.
Jean-Marie Biju-Duval from France and Diana Ellis from Great Britain, who represent Nahimana, filed the motion while the chamber is hearing defence witnesses for Ngeze Hassan, one of the co-accused.
Nahimana's defence had requested that four expert witnesses be called, but the chamber ruled that that the testimony of Dr. Helmut Strizek from Germany was not relevant to the case.
A former official of the European Community, Dr. Strizek lived in Rwanda for many years, and one of the subjects the defence wanted him to broach on was the identity of the attackers of former president Habyarimana's plane. The death of Habyarimana marked the beginning of the 1994 genocide.
The three other expert witnesses requested by the defence have been allowed to appear in court, but one of them, Mr. Barrie Collins, was limited by the chamber on the subjects of his testimony. It snubbed the defence's intentions to have Collins analyse the Arusha Peace Accords, ruling that it "… does not need expert assistance to review the Arusha accords".
The other two expected to testify are military experts; Mr. Peter Caddick-Adams and an unnamed witness who would cover the subject of the roles of the various military forces in the run-up to the genocide. Nahimana's defence team has so far called 11 witnesses in the case that has been going on since October 2000.
Nahimana, a former university professor and one of the founders of Radio télévision libre de milles collines (RTLM), and Ngeze, former editor of "Kangura" newspaper, are being jointly tried with former politician and board-member of RTLM, Jean Bosco Barayagwiza.
The trio are accused of using the media to whip up ethnic sentiments and incite Hutus to kill Tutsis during the genocide in Rwanda. All accused deny the allegations.
Wednesday marked the second day that Trial Chamber One has not been sitting. Judge Asoka de Zoysa Gunawardana of Sri Lanka was still absent from court and Judge Erik Mose of Norway was still away.
It is not yet known when the trial will resume. Although Judge Mose is now back in Arusha, Judge Pillay has left for the Hague where she will be sworn in as one of the 18 judges of the International Criminal Court and is not expected in Arusha before March 12, 2003.
KN/CE/FH(ME'0503e)
March 4th, 2003
_________________________________________________
ICTR/ MEDIA
ABSENCE OF JUDGE DELAYS MEDIA TRIAL
Arusha, March 4th 2003 (FH) - The so-called "Media trial" at the International Criminal Tribunal for Rwanda was called off Tuesday at the last minute due to the absence of one judge.
On Monday, the "Media trial" had been conducted by only two judges, Navanethem Pillay of South Africa (presiding) and Asoka de Zoysa Gunawardana of Sri Lanka. The third judge of Trial Chamber one, Eric Møse of Norway, had to travel and could not be present. Neither was he available Tuesday. This time around it was judge Asoka de Zoysa Gunawardana who could not be not present, as confirmed by the Chamber.
As stipulated in the Rules of Procedure and Evidence governing the ICTR, two judges can conduct trials in the absence of a colleague for a period not exceeding five working days. Otherwise the presiding judge will have to wait until the bench is complete to reconvene the trial.
In this trial, three former media personalities are accused of using the media to incite the 1994 genocide in Rwanda. Ferdinand Nahimana, former director of the state-owned media house and an alleged key member of Radio-Télévision Libre des Mille Collines (RTLM), another RTLM board-member Jean-Bosco Barayagwiza, and Hassan Ngeze, former owner and editor of "Kangura" newspaper.
The trial had adjourned Monday after listening to three witnesses in defence of Ngeze Hassan. The last witness of the day, dubbed "RM116" to protect her identity, was the 14th defence witness for Ngeze.
Ferdinand Nahimana wound up his defence on January 16th, 2003 after he called eleven witnesses. Barayagwiza continues to boycott court proceedings, saying that the court is unduly influenced by the government of Rwanda.
All three have pleaded not guilty to charges of genocide, conspiracy to commit genocide and crimes against humanity.
KN/CE/FH(ME'0403e)
MARCH 3rd, 2003
_________________________________________________
ICTR/ MEDIA
NGEZE SMUGGLED TUTSI REFUGEES TO ZAIRE, SAYS DEFENSE WITNESSES
Arusha, March 3rd 2003 (FH) - The trial of three media personalities accused of using the media to encourage ethnic tensions and later on fan the genocide, resumed Monday in Trial Chamber One of the International Criminal Tribunal for Rwanda.
The so-called "media trial" had been adjourned January 31, 2003 to allow the chamber to deliberate on the judgement in the trial of Seventh-Day Adventist pastor, Elizaphan Ntakirutimana and his son, Dr. Gerard Ntakirutimana. Both were found guilty and sentenced February 19, 2003.
Hassan Ngeze,41, former owner and editor of the Kinyarwanda newspaper, "Kangura", is standing trial jointly with former politician and board-member of Radio télévision libre de milles collines (RTLM), 52 year-old Jean Bosco Barayagwiza, and Ferdinand Nahimana, 52, a former head of the state-owned media parastatal, ORINFOR.
A defence witness only known as "BAZ 19" for the sake of keeping his identity secret, told the court that Hassan Ngeze, had smuggled Tutsis in old disused tin drums and taken them across the border into former Zaire. The witness added that because of those deeds, Ngeze had been arrested at least five times in July, 1994.
The witness said that he had been driving around with Ngeze during the genocide, and that he was present when the Tutsis were being smuggled in the drums. He also denied that Ngeze had at any time been armed during the events. "He was not armed, not even with a stick" said witness "BAZ 19", saying that Hassan Ngeze was a pacifist.
But Steve Rapp, head of the prosecution team in the trial, read a transcript of a program on RTLM in which the accused was calling upon Hutu Militia not to kill people simply because of their looks as they might unintentionally kill their own brothers. The prosecutor translated the statement by the accused as an attempt to protect Hutus who might be inadvertently killed simply because of their resemblance to Tutsi.
Ngeze locked horns with bench on several occasions, when he interrupted the proceedings asking judge Pillay to receive his motion. The judge had to warn Ngeze on two occasions to respect court procedures, and told him that if he failed to abide, he would be thrown out of court.
Another protected witness going by the code name RM116, claimed that she had been among those saved by Ngeze and evacuated to Zaire. She narrated how a family friend had taken her one-month baby, two young men and herself to Ngeze's house in Gisenyi, and how they were smuggled in tin drums to Goma.
Hassan Ngeze is represented by the American John Floyd, and René Martel form Canada. Of the three accused, only Nahimana and Ngeze were present in court. Jean Bosco Barayagwiza continues to boycott the proceedings, saying that the ICTR is manipulated by the Rwandan government.
Trial Chamber Three resumed without the presence of one of the three judges. Norwegian Eric Møse had to travel on urgent business and could not make it in time for the resumption of the trial. Judges Navanethem Pillay of South Africa (presiding) and Asoka de Zoysa Gunawardana of Sri Lanka conducted the session.
KN/CE/FH(ME'0303e)
JANUARY 31st, 2003
__________________________________________________________________
ICTR/MEDIA/NTAKIRUTIMANAS
CHAMBER ONE RETIRES TO DELIBERATE ON PASTOR AND SON JUDGEMENT
Arusha, January 31st, 2003 (FH) - Trial Chamber One of the International Criminal Tribunal for Rwanda (ICTR) on Thursday retired for a one month recess to deliberate on the judgement in the trial of Seventh-Day Adventist pastor, Elizaphan Ntakirutimana and his son Gerard Ntakirutimana.
Pastor Ntakirutimana, 78 was the president of the West Rwanda Seventh-Day Adventist (SDA) area. He was based at Mugonero in Kibuye province. His son Gerard Ntakirutimana, 45 was a doctor at the SDA hospital in Mugonero. The two are mainly accused of luring ethnic Tutsi refugees into Mugonero SDA church and hospital complex before bringing in militias to kill them. The trial began in September 2001 and closed in August 2002.
Prior to adjourning, the chamber had been hearing the so-called ‘media trial’. The trial groups three former media personalities accused of using the media in Rwanda to fuel anti-Tutsi sentiments and killings before and during the 1994 genocide. They are; founder member of Radio-Télévision Libre des Mille Collines (RTLM),
Ferdinand Nahimana
and politician and RTLM board member, Jean-Bosco Barayagwiza and owner and editor of alleged extremist newspaper, Kangura, Hassan Ngeze. He is jointly on trial with two others in what has been called the 'media trial'.
This trial will resume on March 3rd, 2003. It adjourned after two weeks in session during which 11 witnesses testified for Ngeze. This trial began in October 2000.
Before the resumption of the media trial, Chamber One will on February 27th and 28th hear the closing arguments in the genocide trial of former Rwandan minister of information, Eliézer Niyitegeka. This trial began in June 2002.
Trial Chamber One is composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH(ME’0131e)
JANUARY 29
th,
2003
__________________________________________________________________
ICTR/MEDIA
TWO DEFENCE WITNESSES CONCLUDE TESTIMONY WITHOUT CROSS-EXAMINATION
lArusha, January 29
th
, 2003 (FH) - For the first time in the so-called ‘media trial’ at the International Criminal Tribunal for Rwanda (ICTR), two witnesses on Wednesday began and ended their testimony without cross-examination. Prosecutor Simone Monasebian of the US, citing ‘professional’ reasons, declined to cross-examine defence witnesses, ‘BAZ 33’ and ‘BAZ 10’.
“The testimony is repetitive. The same thing has been said by nine or so other witnesses before”, Monasebian said after the testimony of BAZ 33.
BAZ 33, like several witnesses before her, testified that genocide suspect and former journalist Hassan Ngeze had hidden persecuted ethnic Tutsis during the genocide. In her brief testimony that lasted about ten minutes, BAZ also said that Ngeze was “a man loved by everyone in our town.” BAZ is a former resident of Gisenyi, Ngeze’s hometown.
Monasebian asked the court to caution the defence for “wasting tribunal resources” bringing in witnesses from abroad to testify on matters mentioned many times before by other defence witnesses. “Besides”, she said, “Hiding one or two Tutsis is no mitigation for one’s guilt” in the genocide.
Defence counsel, Réne Martel of Canada said that the defence was bringing the witnesses because, despite “all the evidence”, the prosecution had failed to “admit that Ngeze is an innocent man”. Previously, there have been a few cases where witnesses were not cross-examined. The party opting not to cross-examine did so because it did not contest the facts in the testimony of the witness.
Ngeze was the owner and editor of alleged extremist newspaper,
Kangura.
He is jointly on trial with two other former media personalities in what has been called the 'media trial'. They are founder member of
Radio-Télévision Libre des Mille Collines
(RTLM), Ferdinand Nahimana and politician and RTLM board member, Jean-Bosco Barayagwiza. The three are mainly accused of using the media in Rwanda to fuel anti-Tutsi sentiments and killings.
Prior to witnesses BAZ 33 and BAZ 10, BAZ 2 also told the court that Ngeze never discriminated against Tutsis. “In fact, he sheltered wanted Tutsis during the genocide, he said.
Asked by the prosecution why his testimony was inconsistent with a statement he had earlier given to a member of the defence team, BAZ 2 said that he had “no trust in the man.” “I didn’t tell them the truth since I wasn’t sure for whom they were working”, he said.
Co-operation and efficiency
Eight defence witnesses have been heard since Monday. Acting presiding judge, Erik Mose of Norway commended both parties for their "efficiency and co-operation."
The chamber adjourned after the defence ran out of witnesses saying that they hadn't anticipated that so many witnesses would be heard in such a period. Court will resume on Thursday to hold a status conference in closed session. The trial will then adjourn until March. Ngeze's defence team has listed 55 witnesses for its defence. Twenty-five of them are due to testify in the session that begins in March. The team had previously said it would call 106 witnesses.
The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Mose and Asoka de Zoysa Gunawardana of Sri Lanka. Pillay is currently away from the bench on official business.
GG/CE/FH (ME'0129e)
JANUARY 28
th,
2003
__________________________________________________________________
ICTR/MEDIA
NGEZE WAS PURSUED FOR SHELTERING ETHNIC TUTSI REFUGEES, DEFENCE WITNESSES TELL COURT
Arusha, January 28
th
, 2003 (FH) - Genocide suspect and former journalist, Hassan Ngeze was pursued by the military for hiding persecuted ethnic Tutsis during the 1994 genocide, three defence witnesses told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
“Soldiers shot at Ngeze’s house that night”, said defence witness ‘BAZ9’, named as such to protect her identity. “It was said that he was attacked because he had been sheltering people. I personally know many people were hidden by Ngeze”, she said.
Ngeze was the owner and editor of alleged extremist newspaper,
Kangura.
He is accused of using his newspaper to incite ethnic Hutus to kill Tutsis in the run-up to the 1994 genocide. He is also charged with corroborating with the military and militias to kill ethnic Tustis in his North West Rwanda town of Gisenyi.
Ngeze is jointly on trial with two other former media personalities in what has been called the 'media trial'. They are, founder member of
Radio-Télévision Libre des Mille Collines
(RTLM), Ferdinand Nahimana and politician and RTLM board member, Jean-Bosco Barayagwiza. The three are mainly accused of using the media in Rwanda to alienate and call for killings of ethnic Tutsis.
BAZ9 told the court that Ngeze was “a man that didn’t make any religious or ethnic discrimination whatsoever. He was disliked by the authorities for telling the truth in his newspaper.”
BAZ9 echoed testimonies given by BAZ13 and SZ4 earlier on. BAZ9 and BAZ13 also testified that Ngeze couldn’t have killed one Modeste Tabaro since the later was killed the same night Ngeze’s house had been attacked by soldiers. BAZ9 said that Tabaro had been killed by two soldiers. One was called Regis and the other Jeff. She further testified that documents with lists of Hutus to be killed by the predominantly Tutsi Rwandan Patriotic Army (RPA) rebels were discovered at Tabaro’s residence on the day of his murder.
Prosecutors Charity Kagwi of Kenya and William Egbe of Cameroon both contested the credibility of the testimonies. They said the witnesses were contradicting statements earlier made to the defence. It is the first time in the media trial that three witnesses have testified on the same day.
The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Pillay is currently away from the bench on official business.
GG/CE/FH(ME'0128e)
JANUARY 27
th,
2003
__________________________________________________________________
ICTR/MEDIA
NGEZE WAS A WANTED MAN DURING THE GENOCIDE, SAYS DEFENCE WITNESS
Arusha, January 27
th
, 2003 (FH) Genocide suspect and former Rwandan journalist, Hassan Ngeze, couldn't have conspired with the military during the 1994 genocide since he was personally being pursued, a defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
"Ngeze was arrested and detained for helping people fleeing from militias to leave the country", witness AEZ1, named as such to protect his identity, told the court. The witness also said he had known Ngeze since his childhood. "There is no way he would have conspired with the same people that were hunting for him", said AEZ1.
Ngeze was the owner and editor of alleged extremist newspaper,
Kangura.
He is jointly on trial with three other former media personalities in what has been called the 'media trial'. They are founder member of
Radio-Télévision Libre des Mille Collines
(RTLM) Ferdinand Nahimana and politician and RTLM board member, Jean-Bosco Barayagwiza. The three are mainly accused of using the media in Rwanda to alienate and call for killings of ethnic Tutsis.
Furthermore, AEZ1 testified that contrary to prosecution allegations, Ngeze was an amiable person in his north west Rwanda hometown of Gisenyi. "He was also fearless and courageous", AEZ1 said.
AEZ1 also suggested that Ngeze wouldn't have killed one Modeste Tabaro. The murder of this ex-hotel accountant during the genocide has been blamed on Ngeze. "The day (Tabaro) got killed, Ngeze was no longer in Gisenyi", said EAZ1. He said that the night before the discovery of Tabaro's body, Ngeze's residence had been attacked by soldiers loyal to the then government.
The witness also denied prosecution allegations that Ngeze had distributed weapons during the genocide or possessed weapons himself.
The prosecution challenged the credibility of the witness saying that what he said in court was different from what he had said previously in his statement to the defence. The witness said that none of the differences amounted to a contradiction.
Prior to the testimony of EAZ1 on Monday afternoon, the court was in closed session. The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Pillay is currently away from the bench on official business.
GG/CE/FH(ME'0127e)
JANUARY 24th, 2003
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ICTR /MEDIAS
TRIAL ADJOURNED TO JANUARY 27 FOLLOWING ABSENCE OF WITNESSES
Arusha, January 24,2003 (FH)- The case of three Rwandans accused of having used the medias for genocide ends has been suspended on Thursday up to next Monday following the late arrival of the defense witness as reported at the International Criminal Tribunal for Rwanda (ICTR).
A representative of the registry explained that despite all efforts deployed, witnesses awaited did not arrive in Arusha on time. The chamber accepted the explanations and suspended the deliberations until next Monday.
The Tribunal is presently hearing the defense witness of the former director and chief editor of Kangusa magazine,Hassan Ngeze. Three witnesses have already testified.
Hassan Ngeze is co-oaccused with two presumed officials of Radio Télévision Libre des mille Collines (RTLM). Ferdinand Nahimana and Jean Bosco Barayagwiza.
Ngeze is given the floor Upon new exchanges of opinions between the prosecution and the defense on the appearance of defense witnesses who were previously supposed to testify for the prosecution, Hassan Ngeze asked for the floor to the president of the chamber. Once again he alleged that his counsels don’t contact him in view of the preparation of his defense and appealed to the Chamber to take action.
“We have not prepared together the questions for the witnesses, Ngeze said, I know my witnesses. I was supposed to discuss with my counsels before the testimonies”. He further requested the chamber to allow him to pose five questions to each of his future witnesses in order to redress this communication problem with the defense.
The counsel of Hassan Ngeze, the American John Floyd reacted in saying that his team was doing its utmost to protect the interests of his client.
Ngeze often requested the replacement of his counsels alleging that they don’t consult him. The chamber once accepted his request to be represented by his own counsels provided he paid himself but the accused was unable to do so.
Ngeze declared: “I know that I will win this case. However in case of appeal by the prosecution I request that these advocates stop from defending me”. Mr Floyd responded that himself and his co-counsel the Canadian Mr. Martell had already decided to withdraw from the case after the trial chamber.
Ngeze also requested the Tribunal to instruct the prosecution and the defense to meet some of the prosecution witnesses who testified before the popular jurisdictions in Rwanda, the gacacas, during which they declared that they had been paid to give false testimonies.
Hassan Ngeze affirmed that among the witnesses who might be prepared to testify in his favour , there is the wife of late Modeste Tabaro. Ngeze is accused of assassinating Tabaro during the genocide.
The Kenyan representative of the prosecution, Charity Kagwi-Ndungu accused Hassan Ngeze of witness subornation. Ngeze reacted: “Why are you afraid of truth ? Let people speak.”
The media case is being heard before the Trial Chamber presided over by judge Navanthem Pillay from South Africa. The other judges are the Norwegian Erik Mose, and the Sri-Lankan Asok Zoysa Gunawardana.
AT/CE/FH (me-0124e)
JANUARY 16th, 2003
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ICTR/MEDIA
GENOCIDE SURVIVORS COERCED ME TO LIE, SAYS DEFENCE WITNESS
Arusha, January 16th, 2003 (FH) – A defence witness in the so-called media trial told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that he had been persuaded by members of an organization of genocide survivors to give false testimony against the three accused.
The media trial groups three former media personalities accused of using the media to incite the 1994 genocide in Rwanda. They are; founder member of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana, former politician and RTLM board member Jean-Bosco Barayagwiza and owner and editor of Kangura newspaper, Hassan Ngeze. They have all pleaded not guilty to charges of genocide, conspiracy to commit genocide and crimes against humanity.
Witness RM 14, named as such to protect his identity, is the first witness in defence of Ngeze. "I was asked by Antoine Mbahira if I could help denounce Nahimana, Barayagwiza and Ngeze", said RM 14. The witness told the court that Mbahira was a brother-in-law to Ngeze and the head of IBUKA (a genocide survivors' organization) in Gisenyi town (northwest Rwanda).
"Mbahira told me to prepare for interviews with investigators of the (ICTR) prosecutor. He gave me an entirely false version of what had happened in our area and asked me to present it to the investigators", said RM 14. RM 14 was initially scheduled to testify for the prosecution in the media trial. Prosecutor Wiiliam Egbe told the court that the witness had been dropped because he couldn't recall fundamental parts of his testimony.
RM 14 was then contacted by the defence and included on its list of witnesses. He denied prosecution explanations of his failure to testify saying that it was because the "prosecutor was afraid of what I was going to say. He wanted me to say particular things which I thought were false", he added. Furthermore, RM 14 told the judges that there was a conspiracy in Rwanda to fabricate testimonies against genocide suspects. "Fearing that I couldn't oppose such people and stay alive, I fled the country", he said.
Saving Tutsis
RM 14 told the court that allegations that Ngeze incited Hutus to kill Tutsis were false since he was busy helping persecuted Tutsis to flee the country.
"Ngeze saved the lives of many Tutsis. He devised means of smuggling them across the boarder to Zaire (Democratic Republic of Congo)", the witness said. RM 14 also denied prosecution allegations that Ngeze had murdered one Modeste Tabaro during the genocide, one of the charges against Ngeze. He said that this was one event that Mbahira had asked him to lie about. "I know very well that Tabaro was murdered by a soldier called Jeff and a man called Regis", he said.
Moreover, he said that Ngeze hadn't been involved in any rapes. "That's surprising to me", he said. RM 14 will continue his testimony on Friday with the cross-examination from the prosecution.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH (ME'0116e)
JANUARY 15th, 2001
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ICTR/MEDIA
MEDIA TRIAL ADJOURNED DUE TO 'EXHAUSTED WITNESS'
Arusha, January 15th, 2002 (FH) – The so-called 'media trial' at the International Criminal Tribunal for Rwanda (ICTR) was adjourned on Wednesday after a witness indicated that he was too exhausted from traveling to testify. The trial will resume on Thursday.
The media trial groups three former media personalities accused of using the media to incite the 1994 genocide in Rwanda. The three are founder member of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana, former politician and RTLM board member Jean-Bosco Barayagwiza and owner and editor of Kangura newspaper, Hassan Ngeze. They have all pleaded not guilty to charges of genocide, conspiracy to commit genocide and crimes against humanity.
The witness, only identified as 'RM 14' to protect his identity is the first witness in defence of Ngeze. RM 14 had appeared in court and been sworn when co-counsel for Ngeze, Rene Martel of Canada, requested the court for an adjournment to allow the witness time to rest. Martel also said he needed time to prepare the witness. RM 14 then told court that he was too exhausted from a "long flight" to appear before court.
RM 14 was previously contacted to testify for the prosecution. He declined and offered to testify for the defence. The defence says that he is going to testify, among others, on "how the prosecution, investigators and IBUKA (a genocide survivors' organisation) tried to manipulate him to lie".
On Wednesday, Ngeze was denied a request to present to court his "very important motion". Presiding judge, Navanethem Pillay told him to put it in through his defence counsel. Ngeze has had problems with his defence team for almost two years. He has been denied permission to dismiss them. Ngeze's defence team is paid for by the tribunal under its legal aid service to indigent suspects.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH (ME'0115e)
JANUARY 14th, 2001
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ICTR/MEDIA
PROSECUTOR ASKS COURT TO SANCTION DEFENCE COUNSEL
Arusha, January 14th, 2002 (FH) – A prosecutor in the so-called media trial at the International Criminal Tribunal for Rwanda (ICTR) on Tuesday asked the court to sanction a defence counsel for "violation" of tribunal rules.
Simon Monasebian of the US argued that, by contacting a protected prosecution witness that had refused testify for the prosecution, defence lawyer Rene Martel of Canada was in contempt of court.
Martel denied the accusations saying that the witness had waived a court protection order by contacting the defence. "She came to us", said Martel. "We never went looking for her", he added. He said that the witness had told the defence that the prosecution had tried to talk her into lying. "She told us she is ready to come and tell the truth", said Martel.
Presiding judge, Navanethem Pillay of South Africa said that the court would make a ruling on the matter on Wednesday or Thursday. Pillay however reiterated the courts protection order on the witness "until such a time when the court decides otherwise" and barred the defence from contacting her again. Martel is co-counsel for genocide suspect Hassan Ngeze. Ngeze was editor and owner of Kangura newspaper. He is accused of using the paper to incite ethnic Hutus to kill Tutsis in the 1994 genocide.
The 'media-trial' is also composed of former politician and Radio-télévision libre des Milles collines ( RTLM) founder member, Ferdinand Nahimana and former political advisor in the ministry of foreign affairs, Jean Bosco Barayagwiza.
Ngeze's lead counsel, John Floyd of the US strongly denied the accusations against Martel and demanded for an apology from the prosecutor.
Furthermore, the court will decide on whether the defence breached tribunal rules by late disclosure of summaries of witness testimonies. The defence says that they couldn't get hold of the Witness and Victims Support Section for witness travel schedules so as to produce relevant summaries in time. An official of the Witness and Victims Protection Section told the court that the defence had delayed to deliver lists of witnesses it intended to bring to testify.
"Paying witnesses to testify"
Meanwhile, prosecutor Monasebian said that defence counsel for Ngeze had reported that their client had requested them (defence lawyers) to pay money to witnesses; due to testify for the defence.
Ngeze denied the allegations. He has also not yet been granted time to present to court a "very important motion".
Ngeze has been in conflict with his defence team for almost two years. He has asked and been denied permission to dismiss them. The team is paid for by the tribunal under its legal aid system for indigent suspects.
The trial will continue tomorow with the testimony of protected witness 'RM 14'. The witness is one of the two whose testimony summaries the prosecutor received late.
The case is before Trial Chamber One of the ICTR, composed of Judges Pillay, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH (ME'0114e)
JANUARY 13th, 2001
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ICTR//MEDIA
'MEDIA TRIAL' RESUMES AFTER JUDICIAL RECESS
Arusha, January 13th, 2003 (FH) – The genocide trial of three former Rwandan media personalities at the International Criminal Tribunal for Rwanda (ICTR) resumed on Monday. The trial had adjourned on December 12th for the end-of-year recess.
The media trial is composed of former politician and RTLM founder member, Ferdinand Nahimana, owner and editor of Kangura newspaper, Hassan Ngeze and former political advisor in the ministry of information, Jean Bosco Barayagwiza.
The trial resumed with the tenth defence witness. The protected witness denied prosecution allegations that Nahimana had been a Hutu extremist and a regionalist. He said that he had known him from his youth.
"He was a simple person, humble, courteous and he showed proof of great intelligence", said the witness.
The witness also denied prosecution allegations that Nahimana was a member of Akazu, a clandestine organisation allegedly composed of members close to the president. The organisation has been accused of masterminding assassinations of opponents of the then government. "Never. Not to my knowledge", the witness responded when asked whether Nahimana had been a member of the organisation.
Furthermore, the witness testified that Nahimana had not been a founder member of Interahamwe militia. The militia, attached to the then ruling party, is widely accused of playing a major role in the 1994 genocide in Rwanda.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Judge Gunawardana was not present for Monday's hearing.
GG/CE/FH (ME'0113e)
January 10th, 2003
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ICTR/MEDIA
MEDIA TRIAL TO RESUME JANUARY 13TH
Arusha, January 10th, 2003 (FH) - The so-called media trial at the International Criminal Tribunal for Rwanda (ICTR) will resume of January 13th after a one-month judicial recess.
The trial brings together founder member of 'hate-radio', Radio-Télévision Libre des Mille collines (RTLM) and alleged leader of the radio, Ferdinand Nahimana, former editor-in-chief of the newspaper Kangura, Hassan Ngeze, and founder member of hard-line Hutu party, Coalition pour la defence de la République (CDR) and member of the board of RTLM, Jean Bosco Barayagwiza. The three are mainly accused of using the media to incite and fuel the 1994 genocide in Rwanda.
Prior to adjourning, the defence of Nahimana had presented nine witnesses. He is the first of the three suspects to present his defence.
All defence witnesses have denied prosecution allegations that Nahimana was an extremist who had masterminded the killing of ethnic Tutsis and moderate Hutus in the 1994 genocide. An estimated One million Tutsis and moderate Hutus were killed in the genocide according to an official census by the government of Rwanda.
Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH(ME'0110e)
NOVEMBER 25th, 2002
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ICTR/MEDIA
MEDIA TRIAL TO RESUME DECEMBER 2nd
Arusha, November 25th, 2002 (FH) - The genocide trial of three former Rwandan media personalities at the International Criminal Tribunal for Rwanda (ICTR) will resume on December 2nd. The trial was adjourned on November 8th.
The trial brings together founder member of 'hate-radio', Radio-Télévision Libre des Mille collines (RTLM) and alleged de facto leader of the radio, Ferdinand Nahimana, former editor-in-chief of the newspaper "Kangura", Hassan Ngeze, and founder member of hard-line Hutu party, Coalition pour la defence de la République (CDR) and member of the board at RTLM, Jean Bosco Barayagwiza. The three are mainly accused of using the media to incite and fuel the 1994 genocide in Rwanda.
According to a notice from the ICTR press and public affairs section, Trial Chamber one of the ICTR, before which the trial is being held, has since November 18th been deliberating on the judgement of genocide suspect and former Seventh day Adventist pastor Elizaphan Ntakirutimana and his son Gerard Ntakirutimana.
At its resumption, the media trial will continue hearing defence witnesses for Nahimana. The session is set to last until the beginning of the end-of-year court recess in mid-December.
Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/CE/FH(ME-1125e)
OCTOBER 30th, 2002
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ICTR/MEDIA
NAHIMANA'S WIFE TESTIFIES IN HIS TRIAL
Arusha, October 30th, 2002 (FH) - The wife of genocide suspect and ex-media chief, Ferdinand Nahimana, defended him before the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
Laurence Nyirabagenzi, testifying with her face hidden from the public for security reasons, mainly testified in support of Nahimana's several alibis.
Nahimana is a founder and alleged former controller of "hate-radio", Radio-Télévision Libre des Mille collines (RTLM). He was also a history professor at the National University of Rwanda. He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are: Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura". The three are primarily accused of using their respective media to incite the 1994 genocide in Rwanda.
Nyirabagenzi told the court that between late March 1994 and early April 1994, her husband had been suffering from malaria and gastritis. She said that he had spent most time in bed recovering. Following the April 6th, 1994 fatal plane crash involving the then president, Juvenal Habyarimana, Nyirabagenzi told court, Nahimana, their children and herself fled to the French embassy in the Rwandan capital, Kigali. From the embassy, she said, they were flown first to Burundi, the Democratic Republic of Congo and finally the Rwandan boarder town of Cyangugu. She said that they got to Cyangugu towards the end of April. Nyirabagenzi further told court that Nahimana only left the premises of the French embassy once.
The prosecution contests the position and suggests that Nahimana left the embassy at any time of his choice as he monitored the work of RTLM.
Nyirabagenzi also denied prosecution allegations that her husband had been a member of a radical students' organisation in the early 70's called Comité de salut public. The organisation is widely believed to have been behind the killing and harassment of several Tutsi students across Rwanda. The prosecution claims that Nahimana was one of the founders and leaders of that organisation.
Nyirabagenzi said that at the time of the attacks on Tutsi students, her husband, then a student of the National University of Rwanda, had hidden two Tutsi students and that this had put Nahimana himself in danger.
Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Judge Pillay is presently attending to business at the Security council.
GG/CE/FH(ME-1030e)
OCTOBER 25th, 2002
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ICTR/MEDIA
NAHIMANA DISAPPROVED THE CREATION OF INTERAHAMWE MILITIAS, SAYS WITNESS
Arusha, October 25th, 2002 (FH) - Genocide suspect and former media chief, Ferdinand Nahimana, was, contrary to accusations by the prosecution, opposed to the creation and the activities of the radical Interahamwe militias, a defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Friday.
The witness named 'I 2' to protect his identity testified that he was a member of the provincial committee of the then ruling party, MRND that was associated with the Interahamwe. The Interahamwe are widely believed to have played a major role in the 1994 genocide of an estimated one million ethnic Tutsis and moderate Hutus.
Nahimana is accused by the prosecution, among other things, of planning the creation of the Interahamwe militia. Like I 2, Nahimana was a member of the MRND committee of Ruhengeri province. In his testimony that ended last week, Nahimana denied any links with the Interahamwe.
"Our committee was strongly opposed to the formation of the Interahamwe", I 2 told the court. "We believed that its activities were contrary to the objectives of our party", he added.
I 2 said that Interahamwe had been founded by its leader, Robert Kajuga and one Murenzi, a former director of the state Oil Company, PETRORWANDA. Furthermore, he testified of a letter that him, Nahimana and three other members of the MRND allegedly wrote to the MRND national committee denouncing the Interahamwe.
Nahimana is a founder and alleged former controller of "hate-radio", Radio-télévision libre des Mille collines (RTLM). He was also a history professor at the National University of Rwanda. He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are: Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura". The three are primarily accused of using their respective media to incite the 1994 genocide in Rwanda.
I 2 continues to testify before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Judge Pillay will not attend hearings next week due to commitments at the UN Security Council.
GG/FH(ME-1025e)
OCTOBER 24th, 2002
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ICTR/MEDIA
NAHIMANA WAS NEVER A MEMBER OF CDR PARTY, SAYS DEFENCE WITNESS
Arusha, October 24, 2002 (FH) - Former media chief and genocide suspect, Ferdinand Nahimana was never a member of the radical party, CDR, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Thursday.
"He wouldn't have been a member of two different parties at the same time", protected witness 'I2' told judges. "Nahimana was only a member of MRND (the then ruling party),"he added. The prosecution claims that CDR played a big role in inciting ethnic Hutus against Tutsis in the run-up to the 1994 genocide.
Nahimana is a founder and alleged former controller of "hate-radio", Radio-Télévision Libre des Mille Collines (RTLM). He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are: Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura". The three are primarily accused of using their respective media to incite the 1994 genocide in Rwanda.
I2 is the third defence witness. He told the court that he had known Nahimana from their childhood.
Earlier on Thursday, witness G99, a former colleague of Nahimana's at the National University of Rwanda, where Nahimana taught history, completed his testimony. He mainly testified that Nahimana was a man of good character. The prosecution challenged G99's knowledge of Nahimana.
I2 will continue his testimony on Friday before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-1024e)
OCTOBER 22nd, 2002
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ICTR/MEDIA
NAHIMANA WAS NEVER ANTI-TUTSI, SAYS DEFENCE WITNESS
Arusha, October 22nd, 2002 (FH) - The second defence witness in the so-called 'media trial' told the International Criminal Tribunal for Rwanda (ICTR) that genocide suspect, Ferdinand Nahimana never harboured any sentiments against ethnic Tutsis, reports the independent news agency Hirondelle.
Nahimana is a founder and alleged former controller of "hate-radio", Radio Télévision Libre des Mille Collines (RTLM). He was also a history professor at the National University of Rwanda. He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are : Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura". The three are primarily accused of using their respective media to incite the 1994 genocide in Rwanda.
"I never had any criticisms that he [Nahimana] awarded more marks to Hutu students than Tutsis", the protected witness only identified as 'G99' told the court in response to prosecution allegations that as a professor at the National University of Rwanda (UNR), Nahimana had segregated against his Tutsi students.
G99 also said that Nahimana had been elected dean of the arts faculty by both Hutu and Tutsi employees. He suggested that had Nahimana segregated against Tutsis, he wouldn't have won the election.
G99 will continue his testimony on Wednesday answering questions from prosecutor William Egbe of Cameroon.
Trial Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-1022f)
OCTOBER 22nd, 2002
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ICTR/MEDIA
MEDIA TRIAL : SYNTHESIS ON NAHIMANA’S TESTIMONY
Arusha, October 21st, 2002 (FH) - The man regarded by the prosecution of the UN tribunal for Rwanda as the "ideologue" behind the 1994 genocide on Friday wrapped up over two weeks of his own testimony.
The bulk of charges against Ferdinand Nahimana stem from his involvement with the radio station he helped found and build, "hate-radio" Radio Télévision Libre des Mille collines (RTLM). The prosecution alleges that Nahimana excised control over the extremist radio that called for ethnic Hutus to kill minority Tutsis during the genocide and before that. Nahimana has pleaded not guilty to all charges against him and distanced himself from a critical period in the history of RTLM.
Nahimana’s career
Nahimana was born in 1950 in Gatonde commune in the north west Rwanda province of Ruhengeri. After his PhD studies in France, Professor Nahimana returned to teach history at the National University of Rwanda where he had been a student before.
Towards the end of 1990, Nahimana was appointed director of the Rwandan National Information Office, ORINFOR. In this position, he oversaw activities of the state radio, newspapers and all media related activities in the country.
In February 1992, Nahimana was dismissed from his position at ORINFOR. Later that year, him and others, mainly members of the then ruling party, MRND,
were to start plans for the creation of the first approved private radio station in Rwanda. The only other private radio station at the time was Radio Muhabura broadcasting from RPF (a mainly Tutsi rebel movement) held territory in the north of the country.
About one month before the July 1994 fall of the government, under whose reign the massacres took place, Nahimana was appointed advisor to the then president of Rwanda, Theodore Sindikubwabo.
Nahimana is accused of crimes allegedly committed during his term in the different offices he held. And the prosecution has also reproached him with the contents of some his books, essays and articles. Together with his PhD thesis, several of his publications allegedly "theorised" the plan of the 1994 genocide.
Nahimana was arrested in Cameroon in 1996. His trial is regarded by analysts as the most complex at the UN International Criminal Tribunal for Rwanda (ICTR).It began in October 2000. After some forty prosecution witnesses the prosecution closed its case in July. Nahimana is the first defence witness. He is jointly on trial with two other accused also involved with the media in Rwanda in Rwanda before and during the genocide. The two are former editor of alleged extremist newspaper, Kangura, Hassan Ngeze and founder member of RTLM, Jean Bosco Barayagwiza.
"Ethnicist background"
The prosecution and its witnesses have argued that Nahimana is not one of those good men that inexplicably turned evil after the April 6th, 1994 shooting down of president Habyarimana's plane that sparked off the genocide but rather was a man whose life was dedicated to an anti-Tutsi cause.
The prosecution indictment goes back to the late 60s when Nahimana was a secondary school student at a catholic seminary. Here, the teenage Nahimana is accused of having formed an association called the Association for the defence of Bakiga (Rwandans from the predominantly Hutu north west of the country) students.
Nahimana has denied founding such an organisation. Besides, he says, the term "Bakiga" had not yet come into usage in the Kinyarwanda language. Moreover, he told the court that the seminary didn't permit formation of students' organisations.
Later on, in the early 70s, Nahimana is accused of having founded an anti Tutsi student movement called comité du salut. He was then Secretary General of the only student association at the National University of Rwanda, AGNR. The comité du salut attacked and forced out of school Tutsi students in some parts of the country in the 70s.
Regarding allegations that he participated in an attack on Tutsi students at the University and the south west Rwanda provincial town of Butare in 1973, he told the court that, in addition to his principles, he couldn't have done it since it would have endangered his personal safety. "I looked (…) like a Tutsi." he told court. "I would have been a target of the attackers," he added. Tutsis are widely regarded to be taller, and with thinner noses compared to Hutus.
"Genocide literature"
In his career after school, Nahimana published several books and articles that will now be scrutinised by the court. Nahimana has accused the prosecution of "misinterpreting" these books and articles. Among those cited by the prosecution is an essay written by Nahimana in 1993 with the title "Rwanda: problems and solutions" in which he talks of a conspiracy by a "Tutsi league" to destabilise the country. "The league existed and we have all seen what it did", he testified. He said that the "league" was composed of groups of Tutsis in the Diaspora.
Nahimana, who during his testimony repeatedly referred to himself as a "serious academician, gentleman, lucid intellectual and scholar", accused the prosecution and its witnesses of 'misrepresenting' the contents of his books and articles on Rwanda. Among others, the prosecutor accuses Nahimana of advocating for the formation of Interahamwe militia in his article 'A strategy for Victory of Rwanda'. In the article, published in the early 90s, Nahimana recommends the formation of a 'civil defence' system as the solution to Rwandan problems. "My idea was not to form a violent militia", Nahimana told the court. "I wanted a peoples' force composed of people from all groups" The prosecution has argued that Nahimana was the brain behind the formation of the radical Interahamwe militia.
Bugesera killings
In 1992, about 300 Tutsis were killed in the South Rwanda region of Bugesera. Several human rights organisations then, and the prosecutor now, accuse Nahimana of inciting the killings with a communiqué broadcast over the national radio. According to Nahimana, who was then director of ORINFOR, the communiqué was about a tract received from Nairobi on a planned assassination, by the RPF, of prominent Hutu personalities. Prosecution witnesses hold that the said tract was a document drawn by Nahimana himself to fuel anti-Tusti sentiments.
Nahimana says that the document wasn't the cause of the killings since it didn't mention the words "Tutsi" and "Bugesera". He blames the attack on a political rally held in Bugesera by a Tutsi member of the opposition.
"Revolting" broadcasts on RTLM
"Some broadcasts after April 6th, 1994 were revolting and unacceptable. I wonder what had gone wrong in the minds of some journalists," Nahimana told
judges last week. In a trial where there has been very few "admissions" by both the prosecution and the defence, the defence appears to have admitted,
at least judging from Nahimana's testimony, that at the start of the genocide, some RTLM journalists "took on a murderous conduct". This is a period in which Nahimana has testified as having had "no say whatsoever" about the radio.
The prosecution however stretches the period of "murderous conduct" to the start of the radio in 1993. Its witnesses have also testified that Nahimana was the director of RTLM or at least "held himself out" as one. The prosecution hasn't given a stand on either of the two.
Nahimana admits having been one of the founders of RTLM. Concerning administration of RTLM, Nahimana says he was only one of eight members of the Comité d'initiative' , a board managing the station. He told the court that he was only chairman of the technical and programmes committee of the Comité d'initiative. Furthermore, and this appears to be one of the prosecutor's prime weapons, Nahimana has acknowledged that throughout his time on the RTLM board, he was one of the three persons with signing power on RTLM bank accounts. The other two were founder member and president of RTLM, Felicien Kabuga and Jean Bosco Barayagwiza.
Prosecutor Simone Monasebien of the US prefaced most of her questions on this area with the sentence; "While you were signing RTLM checks…" Nahimana replied that signing checks had nothing to do with the editorial policy of the radio. "People in charge of signing checks were not responsible for day to day running of the station", he said. According to Nahimana, Phocas Habimana was the director of RTLM and was therefore responsible for the editorial line of the station and the conduct of its journalists.
The prosecution has presented to court several RTLM broadcasts that fall in the period in which Nahimana says that as a member of the board and shareholder, he did his best to denounce, through the board, any "unacceptable" broadcasts. One such broadcast was a broadcast by renown RTLM journalist Habimana Kantano saying that the Tutsi and the RPF were the same thing. This was in February 1994. Nahimana told the court that he had only heard the broadcast during his detention at the ICTR. "I didn't listen to all broadcasts", he said. He told the court of a couple of instances when the board had summoned RTLM journalists on certain broadcasts. "There were cases of people going astray"
Nahimana however disagreed with the prosecution about the meaning and impact of some broadcasts. In one instance where RTLM said Tutsis had all the money in the country, Nahimana rebuffed the prosecutor's characterisation of the article as reminiscent of "Nazi literature" that Jews had formed an international conspiracy to take European jobs. "I can't compare the two", said. "I don't see anything wrong with mentioning that someone has more money than the other. It happens everywhere in the world", he added.
Asked why he didn't resign from the RTLM when mistakes continued, Nahimana said he was "only a member of the comité d'initiative. Mistakes were made but we did our best to correct them."
During the post April 6th1994 period in which the prosecution and Nahimana agree that RTLM broadcasts amounted to incitement to kill, Nahimana says "the radio had been hijacked by extremist forces" After the shooting down of the president's plane, Nahimana first fled to Burundi on April 12th. Before his trip to Burundi, Nahimana say he was confined in the French embassy from where he couldn't monitor what was going on at RTLM. He said he returned to the south west Rwanda region around April 17th, 1994. The prosecution maintains that throughout this period, Nahimana "had the power to stop the broadcasts that were going out at RTLM. He didn't do so because he supported and was behind the broadcasts."
Advisor to the president
Shortly after his return to Rwanda, in June 1994, Nahimana took on a position as advisor to the then president Sindikubwabo, whom the prosecutor accuses of having presided over the massacres at that time. "I was not an advisor in the administrative sense of the word," Nahimana told the court. He says he hadn't been appointed in an official manner. The prosecution accuses him of flirting with a 'genocidaire'.
The chamber will continue to hear more witnesses for Nahimana before it can determine whether he was an "advocate for peace" or an "ideologue" of a genocide.
GG/FH(ME-1022e)
OCTOBER 15th, 2002
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ICTR/MEDIA
OUR JOURNALISTS DID MAKE MISTAKES, ADMITS FOUNDER MEMBER OF "HATE-RADIO"
Arusha, October 15th, 2002 (FH) - Genocide suspect and founder member of alleged "hate-radio", RadioTélévision Libre des Mille Collines (RTLM), Ferdinard Nahimana, on Monday admitted before the International Criminal Tribunal for Rwanda (ICTR) that the radio had made some mistakes in its broadcasts.
Nahimana, a founder member and alleged former director of RTLM, is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are: Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura".
Nahimana has denied prosecution allegations that he was director of radio RTLM and maintains that he was only a member of 'comité d'initiative' (a committee that managed the radio station). The three accused are primarily charged of using their respective media to incite the1994 genocide in Rwanda.
"Journalists did make mistakes", said Nahimana when the prosecution presented to him a broadcast made over the radio on or about February 1st, 1994. An excerpt of the broadcast said that "the RPF (a predominantly Tutsi rebel movement) and the Tutsi were the same thing." The broadcast was done by prominent RTLM journalist, Habimana Kantano. The prosecution case has largely been centered on allegations that the radio associated all ethnic Tutsis with the rebel movement and called for Hutus to eliminate them in the run-up to the 1994 genocide.
Asked if any action had been taken by RTLM against Habimana, Nahimana told the court that the comité d'initiative had reproached him. "Such language is unacceptable to me. (…) It is revolting", he said.
Previously, as a "mistake" done by RTLM, Nahimana had mentioned to the court an incident in which the radio had announced that a certain Tutsi businessman was driving to the South West province of Cyangugu with Inkotanyi (name given to RPF rebels) in his car. Nahimana told the court three weeks ago that the incidence was a regrettable one and that the journalist involved had been cautioned. He also said that the man in question had been given air time to "explain himself."
Challenged by prosecutor Simone Monasebien of the US as to why he never resigned from the comité d'initiative following mistakes of the RTLM, Nahimana said that the committee had done its best to correct the errors. He added that he "was only a member of the comité d'initiative, not its president."
The trial continues on Wednesday before Trial Chamber One of the ICTR composed of judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-1015f)
OCTOBER 15th, 2002
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ICTR/MEDIA
NAHIMANA ACCUSES CO-ACCUSED OF EXTREMISM
Arusha, October 15th, 2002 (FH) - Genocide suspect and former media chief, Ferdinand Nahimana, on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that co-accused, editor and owner of defunct Kangura newspaper, Hassan Ngeze had written extremist articles.
Nahimana is a founder and alleged former director of "hate-radio", Radio Télévision Libre des Mille Collines (RTLM). He was also a history professor at the National University of Rwanda. Nahimana was head of the Rwandan National Information Office (ORINFOR) between 1990 and 1992. He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are: Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura". The three are primarily accused of using their respective media to incite the1994 genocide in Rwanda.
"Ngeze wrote extremist articles", said Nahimana. He cited several articles in Kangura criticising him (Nahimana) as "some of the extremist articles" written by Ngeze. During his testimony that began three weeks ago but was adjourned for two weeks, Nahimana deplored some of the articles published in Kangura. Nahimana resumed his testimony on Monday.
Before the start of the trial on Tuesday, Ngeze personally requested the chamber for opportunity to "answer" to "prejudicial" statements made by Nahimana. Presiding judge Navanethem Pillay of South Africa turned down Ngeze's request asking him to wait for his turn to defend himself.
Ngeze and his defence team have always denied prosecution accusations that Kangura was an extremist paper.
Earlier on, Nahimana denied prosecution suggestions that as one of the three signatories to RTLM bank accounts, he was also one of the three most senior people at the radio station. The other two were Barayagwiza and Felicien Kabuga (prominent Kigali businessman and president of RTLM). "People in charge of signing checks were not responsible for day to day running of the station", said Nahimana.
The trial will continue on Wednesday before Trial Chamber One of the ICTR composed of judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-1015e)
OCTOBER 14th, 2002
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ICTR/MEDIA
NAHIMANA ACCUSES PROSECUTOR OF TAMPERING WITH EVIDENCE
Arusha, October 14th, 2002 (FH) – Genocide suspect and former media chief, Ferdinand Nahimana on Monday alleged that the prosecutor of the International Criminal Tribunal for Rwanda (ICTR) had conveniently doctored three documents tendered as evidence.
Nahimana is a founder and alleged former controller of "hate-radio", Radio Télévision Libre des Mille Collines (RTLM). He was also a history professor at the National University of Rwanda. He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are : Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura". The three are primarily accused of using their respective media to incite the 1994 genocide in Rwanda.
The documents include two interviews, one given to the state radio in Cyangugu and one to a French television station in Cameroon. The third one is a document of alleged minutes of a meeting between RTLM officials, including Nahimana, with the then Rwandan minister of Information, Faustin Rucogoza. The two held in Rwanda were in 1994. The one in Cameroon was held in 1996.
The documents are part of the evidence put forward by the prosecution to prove that Nahimana was one of the leaders of a "racist" radio station that incited the genocide.
At the resumption of the media trial that has been in recess for two weeks, Nahimana told court that parts vindicating him were missing from the three documents. " The trial has been presented as a complex one whereas there was all this testimony that was never provided", he said. Nahimana explained that the prosecution would have had no case if the evidence had been presented in totality.
The prosecution, represented by Simone Monasabien of the US denied the allegation.
In the alleged minutes of a meeting called by the minister of information to reproach the RTLM on the content of its "extremist" broadcasts, Nahimana is reported to have attended as director of RTLM, an allegation that he denies from the beginning of his trial. Nahimana told the court that the real director of the radio station, Phocas Habimana had attended the meeting and, according to Nahimana, a page in the minutes indicating his (Habimana’s) presence had been plucked out of the evidence by the prosecutor "to save her face."
Nahimana has told the court that he was only a member of a committee in charge of RTLM but was never the director of the radio.
Nahimana will continue his testimony on Tuesday. He is the first defence witness in this trial. The trial on Tuesday will only last until mid-day to give way to the trial a former Rwandan minister of Information, Eliezer Niyitegeka taking place in the same chamber.
The system of holding different trials in the same chamber on the same day is a trial run for the performance of ad litem expected to start work early next year. Ad litem judges will supplement the work of existing permanent judges.
Trial Chamber One of the ICTR is composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-1014e)
SEPTEMBER 26th, 2002
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ICTR/MEDIA
RWANDAN PROFESSOR HAD "NAZI STYLE" LITERATURE , PROSECUTOR TELLS RWANDA TRIBUNAL
Arusha, September 26th, 2002 (FH) - A prosecutor at the International Criminal Tribunal for Rwanda (ICTR) on Thursday suggested to judges that genocide suspect and former media chief, Ferdinand Nahimana, demonised Tutsis, "Nazi style", in the run up to the 1994 genocide.
Prosecutor Steven Rapp of the US was cross-examining Nahimana on his seventh day on the stand. Accusing Nahimana of anti-Tutsi literature, Rapp referred to a 15-page essay written by Nahimana in 1993 with the tittle "Rwanda : problems and solutions". In the essay, Nahimana talks of a conspiracy by a "Tutsi league" to destabilise the country.
"Isn't this similar to the Nazi theory of an international Jewish conspiracy that was blamed for European problems", Rapp asked Nahimana. "In doing that, weren't you playing with fire given the situation in Rwanda at the time", he added. "No", responded Nahimana. "The league existed and we all know it (…) It’s a development that took place whose consequences we all know", he added. Nahimana said that the "league" comprised of Tutsi opposition parties in the diaspora. The prosecution maintains that Nahimana's multiple references to a "Tutsi league" were not qualified and were therefore meant to refer to all Tutsis in and outside Rwanda.
Nahimana is a founder and alleged former controller of "hate-radio", Radio-télévision libre des Mille collines (RTLM). He was also a history professor at the National University of Rwanda. He is jointly on trial with two other suspects linked with the media in Rwanda before and during the genocide. The two are : Jean-Bosco Barayagwiza, a former politician, RTLM founder and board member and Hassan Ngeze, former editor of the newspaper "Kangura".
Nahimana continues his testimony on Friday. The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0926e)
SEPTEMBER 23rd, 2002
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ICTR/MEDIA
"I HAD NO INFLUENCE OVER RTLM BROADCASTS", SAYS NAHIMANA
Arusha, September 23rd, 2002 (FH) - Founder member and alleged de facto leader of 'hate-radio', Radio-télévision Libre des Mille collines (RTLM), Ferdinand Nahimana, on Monday told the International Criminal Tribunal for Rwanda (ICTR) that he never had control over the radio's broadcasts. Nahimana was on his fourth day of testifying in his own defence.
Nahimana and two other suspects linked to the media in Rwanda before and during the 1994 genocide are jointly charged with using the media in Rwanda to incite killings and hatred of ethnic Tutsis. The two others are; former editor-in-chief of the defunct alleged Hutu extremist newspaper "Kangura", Hassan Ngeze, and founder member of hard-line Hutu party, Coalition pour la defense de la République (CDR) and member of the board at RTLM, Jean Bosco Barayagwiza.
Nahimana testified that as a member of the RTLM "Comité d'initiative", a committee that oversaw the radio's operations, he had no control over editorial affairs. Prosecution witnesses have accused Nahimana of planning and sometimes drafting reports that were broadcast on radio RTLM. At the height of the genocide, RTLM broadcast lists of Tutsis that were supposedly accomplices of Tutsi-led (Rwandan Patriotic Army) RPA rebels and sometimes called for their killing. The prosecution charges that such broadcasts were responsible for many killings of Tutsis. Contrary to the prosecutor's case, Nahimana's defence says that he had no connection with RTLM at the time.
Nahimana also rejected accusations that RTLM had been founded to mobilise Hutus against Tutsis. "Our aim as stated when we founded it was to create a forum for political discussion(…) make commercial gains from advertisements and to counter propaganda by the RPF radio." RTLM first went on air in mid 1993.
Furthermore, Nahimana denied prosecution allegations that, as chief of the National Information Office of Rwanda (ORINFOR), he dismissed Tusti employees on the basis of their ethnicity. Giving an example of a former reporter of Radio Rwanda (a part of ORINFOR), Agnes Murebwayire, Nahimana said that her suspension was a result of her own unethical conduct. "She was moved to the archives section (…)she refused to work there and didn't show up at work", said Nahimana. "I'm not the person who asked her to be absent for that period", he added.
Nahimana also denied allegations that there had been a list of Tutsi employees to be dismissed from ORINFOR.
Nahimana continues to testify before Trial Chamber One of the ICTR composed of Judges Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0923e)
SEPTEMBER 21st, 2002
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ICTR/MEDIA
"I DIDN'T INCITE BUGESERA KILLINGS", SAYS EX-MEDIA CHIEF
Arusha, September 21st, 2002 (FH) - Genocide suspect and founder member of 'hate-radio", Radio-télévision libre des Mille collines (RTLM), on Friday denied inciting the killings of about 300 ethnic Tutsis in 1992 in Bugesera region, South Rwanda.
At the time of the Bugesera killings, Nahimana was director of the Rwandan National Office of Information (ORINFOR).
The prosecution has accused Nahimana of authorising the broadcasting of a tract that, according to the prosecutor, sparked the killings of the Tutsis. The tract, supposedly written by Tutsi rebels, had a list of prominent Hutu personalities that were to be assassinated by the rebels.
Nahimana told the court that contrary to prosecution allegations, the killings had been sparked off by a political rally staged by an opposition party. He said that an editorial read several times over the national radio was meant to keep people "vigilant". "The editorial didn't mention Tutsi or Bugesera", he argued.
Nahimana also said that prior to the Bugesera events, the government had been warned of political "hot beds bound to explode". Bugesera, he said, was among the areas mentioned.
Nahimana has since Wednesday been testifying in his defence. He is the first defence witness.
Earlier in the week, Nahimana denied prosecution allegations that he had been involved in anti-Tutsi students' organisations in his school days. The prosecution has accused him of founding Comité du Salut, a Hutu students organisation accused of attacks on Tutsi students in Rwanda in the early 70s.
Prior to beginning histestimony, Nahimana lost a motion for judgement of acquittal. His defence had argued that the prosecution had presented "insufficient" evidence to convict. Nahimana was however acquitted on one count of murder as a crime against humanity. He retains six counts of genocide and crimes against humanity. Two other former Rwandan media personalities jointly on trial with Nahimana were also acquitted of some charges but kept in custody to face full trials.
The two are former editor of the newspaper "Kangura", Hassan Ngeze, and former director of political affairs at the Ministry of Foreign Affairs and member of the board at RTLM, Jean Bosco Barayagwiza. They are also accused of using the media to incite the 1994 genocide in Rwanda. Nahimana continues his testimony on Monday.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0921e)
SEPTEMBER 19TH, 2002
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ICTR/MEDIA
NAHIMANA DENIES FOUNDING NOTORIOUS MILITIA
Arusha, September 19th, 2002 (FH) - Former Rwandan media chief, Ferdinand Nahimana, on trial for genocide at the International Criminal Tribunal for Rwanda (ICTR) on Thursday denied allegations that he was one of the founder members of the Interahamwe militia. The militia is widely believed to have been a major participant in the 1994 genocide in Rwanda.
Nahimana was one of the founder members of 'hate-radio', Radio-télévision Libre des Mille collines (RTLM). He was also a history professor at the National University of Rwanda. He is accused of being one of the 'ideologues' behind the genocide. The Interahamwe (those who attack together) were a youth wing of the then ruling party, MRND. Nahimana was a member of the MRND committee for his home region of Ruhengeri.
On his second day on the stand, Nahimana testified that him and Ruhengeri had opposed the establishment of the militia. "I was against the Interahamwe. I have always advocated for peace", he said. He also denied any links with the organisation.
Prosecution witnesses have testified that the 52-year-old professor was among the people who drafted a document 'theorizing' the idea of the formation of Interahamwe.
Nahimana, who severally referred to himself as a "serious academician, gentleman and scholar", accused the prosecution and its witnesses of 'misrepresenting' the contents of his books and articles on Rwanda. Among others, the prosecutor accuses Nahimana of advocating for the formation of Interahamwe in his article 'A strategy for Victory of Rwanda'. In the article, published in the early 90s, Nahimana recommends the formation of a 'civil defence' system as the solution to Rwandan problems. "My idea was not to form a violent militia", Nahimana told the court before adding, "I wanted a peoples' force composed of people from all groups"
Nahimana has also denied prosecution allegations that he had been turned down on a diplomatic position in German because of his anti-Tutsi stance. The prosecution has alleged that Nahimana's appointment as first secretary of the Rwandan embassy in German was cancelled after the German government complained of his human rights record. Nahimana testified that he had personally requested the president for the withdrawal. "I was not turned down", he said. "I decided not to go in the diplomatic field since I preferred to go back to my professional carrier as professor and researcher".
Nahimana is jointly on trial with two other former media personalities similarly charged with using the media to incite killings of ethnic Tutsis in Rwanda. The two are former editor-in-chief of the newspaper "Kangura", Hassan Ngeze and founder member of hard-line Hutu party, Coalition pour la defense de la République (CDR) and member of the RTLM board, Jean Bosco Barayagwiza.
Nahimana continues to testify before Trial Chamber One of the International Criminal Tribunal for Rwanda (ICTR) composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0919e)
SEPTEMBER 18TH, 2002
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ICTR/MEDIA
EX-MEDIA CHIEF BEGINS HIS DEFENCE IN GENOCIDE CASE
Arusha, September 18th, 2002 (FH) - Founder member of 'hate-radio', Radio-télévision Libre des Mille collines (RTLM), Ferdinand Nahimana, began testifying in his defence at the International Criminal Tribunal for Rwanda on Wednesday.
Nahimana, 50, is accused of using the media in Rwanda to spread anti-Tutsi propaganda before and during the 1994 genocide. An estimated One million ethnic Tutsi and politically moderate Hutus were killed in the genocide.
Dressed in a two-button grey suit, a blue shirt and a checked tie, the composed former history professor first denied prosecution accusations that he had been a member of extremist anti-Tutsi organizations during his school days.
Nahimana characterized as "rubbish" the testimony of a prosecution witness that he had founded an organisation called the Association for the defence of Bakiga in the late 60's. "First of all the term 'Bakiga' had not yet surfaced in Rwandan vocabulary at the time", he said. Bakiga is a term used to refer to people originating from the north of Rwanda.
He also denied being a founder member of an anti-Tutsi organizations called Comité du Salut (Committee of Salvation). The organization is widely believed to have been behind attacks on Tutsi students in the early 70's. Prosecution witnesses have testified that the aim of the organization was to "clean out" Tutsis from the education system.
The prosecution has accused Nahimana of being one of the leaders of an attack on Tutsi students of the National University of Rwanda on February 12th, 1974 allegedly planned by Comité du Salut. At the time, Nahimana was Secretary General of the University students' association, AGNR. Evidence by the prosecution placed Nahimana on the streets of the South West Rwanda university town of Butare chanting anti-Tutsi slogans during the attack. Nahimana denied any connection with the organization and its activities. "We were so afraid", he told court. "I would not have ventured into the streets", he added. He also said that he had never "reasoned in terms of ethnicity".
Nahimana is jointly on trial with two other former media personalities similarly charged with using the media to alienate ethnic Tutsis in Rwanda. The two are former editor-in-chief of the newspaper "Kangura", Hassan Ngeze and founder member of hard-line Hutu party, Coalition pour la defense de la République (CDR) and member of the board at RTLM, Jean Bosco Barayagwiza.
Nahimana continues his testimony before Trial Chamber One of the ICTR composed Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0918e)
SEPTEMBER 17TH, 2002
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ICTR/MEDIA
RWANDA TRIBUNAL REFUSES TO RELEASE 'HATE-MEDIA' SUSPECTS
Arusha, September 17th, 2002 (FH)-The International Criminal Tribunal for Rwanda (ICTR) on Tuesday denied request by three genocide suspects in the so-called media trial to be acquitted on all charges, reports the Independent news agency Hirondelle. The court however granted acquittal on
some counts. The three will now remain in custody pending the completion of a full trial.
The media trial groups three former Rwandan media personalities accused of using the media to incite and fuel the 1994 genocide in Rwanda. They are: founder member of 'hate-radio', Radio-télévision Libre des Mille collines (RTLM) and alleged de facto leader of the radio, Ferdinand Nahimana, former editor-in-chief of the newspaper "Kangura", Hassan Ngeze and founder member of hard-line Hutu party, Coalition pour la defense de la République (CDR) and member of the board at RTLM, Jean Bosco Barayagwiza.
Nahimana and Barayagwiza were each acquitted of the count of murder as a crime against humanity. The later was also acquitted of the counts of outrages upon personal dignity and pillage as war crimes. Six counts were retained against Nahimana and Barayagwiza whereas Ngeze did not get acquitted on any count of the seven counts he faces.
The motions for acquittal were filed before the defence started its case. The statute of the tribunal provides for a possibility of acquitting suspects if, "at the end of the case for the prosecution, the Trial Chamber finds the evidence insufficient to sustain conviction". Acquittal on individual counts may also be done. The prosecution closed its case in July. The trial then adjourned and resumed on Monday.
Reading out the decision of the chamber, presiding judge Navanethem Pillay of Trial Chamber One noted that the prosecution had not objected to dropping any of the counts on which Barayagwiza and Nahimana were acquitted. The prosecutor conceded that no evidence had been adduced regarding those counts.
Nahimana's defence team is scheduled to begin its case tomorrow. The trial is before Trial Chamber One of the ICTR, composed of Judges Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0917e)
SEPTEMBER 16th, 2002
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ICTR/MEDIA
RWANDA TRIBUNAL TO DECIDE ON ACQUITTAL OF 'HATE-MEDIA' SUSPECTS
Arusha, September 16th, 2002 (FH) - A court at the International Criminal Tribunal for Rwanda(ICTR) will on Tuesday deliver its decision on a request by three genocide suspects to be acquitted on grounds of "insufficient" evidence by the prosecution.
Founder member of 'hate-radio', Radio-télévision Libre des Mille collines (RTLM) and alleged de facto leader of the radio, Ferdinand Nahimana, former editor-in-chief of the newspaper "Kangura", Hassan Ngeze and founder member of hard-line Hutu party, Coalition pour la defense de la République (CDR) and member of the board at RTLM, Jean Bosco Barayagwiza are jointly on trial in what has been named the 'media trial'. The three are mainly charged with using the media to fuel the 1994 genocide in Rwanda.
During what was earlier scheduled to be the start of a defence case, lawyers of the three accused on Monday requested the court to release their clients since the prosecution had presented an "incoherent, baseless and unreliable case". The statute of the tribunal provides for a possibility of acquitting suspects if, "at the end of the case for the prosecution, the Trial Chamber finds the evidence insufficient to sustain conviction". Acquittal on individual counts may also be done.
Prosecutor Steven Rapp of the US dismissed arguments put forward by the defence and said that their was enough evidence to convict the accused. "Each of the accused has a case to answer", he said.
Nahimana's defence counsel, Biju Duval of France told the court that the prosecutor had, during its case, either completely failed to support charges in the indictment or presented incredible witnesses. He said that his client had no authority over RTLM and had not been implicated in any murder.
Rapp challenged the argument saying that despite trying to keep a "low public profile", Nahimana had been the de facto power at RTLM. Rapp said that the prosecution had demonstrated that Nahimana hired personnel, was introduced to authorities as the director of RTLM and was a signatory to RTLM bank accounts.
Barayagwiza's co-counsel told the court that whereas the statute of the tribunal is limited to individual criminal responsibility, the prosecutor had tried to get the accused convicted for simply belonging to their respective organisations. The prosecutor denied this saying that the accused were being charged for crimes committed by people under their (accused) command in the organisations.
The prosecution closed its case in July after presenting 47 witnesses. The trial started on October 23rd, 2000. It has adjourned several times to give way to other trials taking place in the same chamber. Nahimana and Barayagwiza have been in detention for about six years whereas Ngeze has spent about five years in detention.
The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH(ME-0916e)
SEPTEMBER 13TH, 2002
____________________________________________________________________
ICTR/MEDIA
"HATE-MEDIA" SUSPECTS ASK FOR ACQUITTAL
Arusha, September 13th, 2002 (FH) - The trial of media personalities accused of inciting the 1994 genocide resumes on Monday at the International Criminal Tribunal for Rwanda (ICTR). The three accused will be requesting the court to acquit.
The so-called 'media trial' and the recently opened 'military trial' are considered to be the most important trials at the ICTR since its creation in November 1994. The three accused in the media trial are: founder member and alleged mastermind of Radio-télévision Libre des Mille collines (RTLM),
Ferdinand Nahimana,
former editor of the newspaper "Kangura", Hassan Ngeze and former director of political affairs at the Ministry of Foreign Affairs and member of the board at RTLM, Jean Bosco Barayagwiza.
They are charged with several counts of genocide, direct and public incitement to commit genocide, complicity in genocide and crimes against humanity. An estimated one million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.
The trial which started on October 23rd, 2000 was adjourned several times before the last adjournment on July 12th, 2002. Prior to the adjournment, the prosecutor had rested its case with 47 witnesses. The prosecution had initially listed 100 witnesses.
The defence is scheduled to begin presenting its witnesses at the resumption of trial on Monday. Observers however say that hearing of defence witnesses may be put off for some time until the chamber considers the motions for acquittal.
Acquit Nahimana and Ngeze?
If appealing for acquittal after the prosecutor's is an everyday affair at the ICTR, the particularity of this one is that the lawyers are demanding acquittal on all counts and immediate release of their clients.
In the past, pretty modest requests have been made. Former Rwandan minister of higher education Jean de Dieu Kamuanda and former military officer Lieutenant Samuel Imanishimwe have been acquitted of the charge of conspiracy to commit genocide.
Nahimana and Ngeze are each charged with seven counts. Barayagwiza faces eight counts.
In their motion, Nahimana's lead counsel, Jean-Marie Biju Duval of France and Diana Ellis of the UK argue that none of the charges held against the accused have been "proven or established beyond reasonable doubt".
"Consequently", contends Nahimana's defence, " none of the seven counts can be held against the accused." One after the other, the lawyers have shredded paragraphs of the prosecution evidence and concluded that no element of proof comes anywhere close to establishing Nahimana's guilt.
Notably, the defence asserts that no proof has been produced indicating that the creation of RTLM and Kangura were part of a strategy by cronies of former Rwandan president Juvenal Habyarimana to set up an anti-Tutsi media.
The defence has also stated that most of the allegations brought against Nahimana occurred during periods outside the mandate of the tribunal. The ICTR has jurisdiction on crimes committed between January 1st, 1994 and December 31st, 1994. The tribunal however admits evidence before that period provided it is meant to establish previous criminal conduct.
Nahimana's defence further challenges that the prosecutor has failed to demonstrate that he was the "ideologue of RTLM", belonged to "Hutu power" groups opposed to power sharing with the Tutsi or belonged to the hard-line Hutu party, Coalition pour la defence de la République (CDR). Ngeze's defence counsels, John Floyd of the US and René Martel of Canada hold similar views.
The two lawyers who, to put it mildly, have not had the most cordial lawyer-client relationship with Ngeze, appear to at least agree with their client that "the prosecutor has presented no proof" on the counts of murder and incitement, that evidence presented was biased and that some legal activities were presented as criminal. Ngeze's defence argues that the former journalist was a brave man who simply excised freedom of expression.
"Parody of justice"
Barayagwiza has boycotted the trial since its beginning and refused to have any representation in court. He is represented by lawyers appointed by the tribunal.
In a 200-page motion, lawyers Giacomo Barletta Caldarera of Italy and Alfred Pognon of Benin say that the accusations against Barayagwiza are based on "lies or sophism"
The lawyers assert that none of the prosecution witnesses is credible and that the case is a plot against their client. "Lapse of memory?, human error?, lies, of course!, manipulation, of course!", states the motion.
Manipulation is a word cherished by Barayagwiza. He has, since he started boycotting the trial, repeatedly stated that the tribunal is manipulated by the Rwandan government.
In march 2000, the ICTR appeals chamber reversed its November 1999 decision to release Barayagwiza on grounds of abuse of his rights from his arrest in Cameroon and detention at the ICTR. The court changed its mind after the prosecutor presented "new facts"
Barayagwiza is convinced that Rwanda's suspension of co-operation with the ICTR until the reversal of the decision had enormous influence on the judges.
Barayagwiza also says he has no confidence in judges Navanethem Pillay of South Africa and Erik Mose of Norway who, according to him, went to Rwanda "to negotiate a truce" with president Paul Kagame after the crisis of his release.
He defines himself as a "political prisoner" detained for his opinion and already condemned.
"I remain convinced that this trial is nothing else but a parody of justice mostly because of the constant and blatant interference of Rwanda", he said in a recent press release.
"Some people say that I take too many risks in refusing to be represented by a lawyer and to be effectively defended by a lawyer. I keep thinking that the risks would only be real if there were the slightest chance of having a fair trial. But events have proved the contrary. The trial is political just like the conflict that gave birth to it. The sponsors of the tribunal have chosen their side. So has the prosecutor. There's huge pressure upon the judges to make the same choice. In my case, they have already done so. I have already been condemned especially since two of the three judges have re-assured president Kagame on this matter at the end of 2000--just before the opening of this trial.", states Barayagwiza.
He adds that, "only two things remain to be done: to pronounce the judgement and to determine the sentence."
AT/GG/FH(ME-0913e)
JULY 12th, 2002
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ICTR/MEDIA
PROSECUTION CLOSES CASE IN MEDIA TRIAL
Arusha, July 12th, 2002 (FH) - Prosecution in the genocide trial of three former Rwandan media personalities at the International Criminal Tribunal for Rwanda (ICTR) completed its evidence on Friday.
The so-called 'media trial' groups founder member and alleged former director of 'hate-radio' Radio-télévision Libre des Mille collines (RTLM), Ferdinand Nahimana, and former editor of newspaper "Kangura", Hassan Ngeze, and former director of political affairs at the Ministry of Foreign Affairs and member of the board at RTLM, Jean Bosco Barayagwiza. The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity. An estimated one million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.
The prosecution has presented 47 witnesses since the case began in October 23rd, 2000. Since then, the case has adjourned several times to give way for other cases taking place in the same chamber. The accused are expected to start their defence case when the trial resumes in September.
A Kenyan hand writing expert, Antipus Nanjua, was the last witness in this trial. He testified on the authenticity of a letter purportedly written by Barayagwiza. Despite objections from John Floyd of the US, defence counsel for Ngeze, the chamber admitted the hand writing report into evidence. Floyd criticised the methodology used by Nanjua in arriving at his report. The report states that the handwriting is that of Barayagwiza.
Earlier on, expert witness and Rwandan historian, Marcel Kabanda, completed his testimony. He told the court that Kangura's anti-Tutsi propaganda had a 'devastating' impact on the people of Rwanda during the genocide.
The chamber also admitted into evidence a video cassette put in by the prosecution purportedly taken in February 1994 during a meeting held by the Rwandan minister of information to caution RTLM on its broadcasts.
The prosecution team on this case is led by senior trial attorney Steven Rapp of the US. Other members on the team are; William Egbe of Cameroon, Simone Monasebian of the US, Charity Kagwi of Kenya and Alphonse Van of Ivory Coast.
Nahimana, Ngeze, and Barayagwiza are represented by Biju Duval of France, John Floyd of the US and Giaccomo Balretta Caldarera of Italy respectively.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
(SW/DO/FH)
JULY 10th, 2002
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ICTR/MEDIA
'EXTREMIST' PAPER WAS NOT DIFFERENT FROM OTHERS, SAYS DEFENCE
Arusha, July 10th, 2002 (FH) - Defunct Rwandan newspaper, 'Kangura', had a similar editorial content to that of '50 or so' other newspapers in Rwanda at the time of the genocide, defence counsel for genocide suspect and former owner of the paper, Hassan Ngeze, told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
Ngeze is accused of having used his newspaper to incite ethnic Hutus to kill Tutsis in the run-up to the 1994 genocide in Rwanda. An estimated one million
Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.
"What is it that distinguishes Kangura from 50 or so other magazines writing the same things, using the same cartoons, using the same language and making the same statements", defence counsel, John Floyd of the US asked expert witness and Rwandan historian, Marcel Kabanda during cross examination. Floyd put the question as he read out one of several articles from different magazines describing Tutsis as enemies of the country, a line commonly used by Kangura.
"We have to consider everything written by Kangura before we come to such a conclusion", responded Kabanda. He said that Kangura had a "consistent" barrage of anti-Tutsi articles and cartoons.
Kabanda first testified in this trial earlier this year but cut short his testimony when the trial adjourned to hear an alternate trial before the same Chamber.
Earlier on, expert witness and Rwandan linguist, Mathias Ruzindana, completed his testimony. Like Kabanda, Ruzindana had returned to complete his testimony cut short earlier this year.
Despite persistent challenges from Alfred Pognon, defence counsel for genocide suspect and founder member of the Coalition pour le defence de la Republique (CRD), Jean Bosco Barayagwiza, Ruzindana maintained that the party had rallied Hutus to kill Tutsis.
The prosecution alleges that CDR, from its inception in 1992, spread hard-line anti-Tutsi propaganda. Its top leadership is also accused of participating in the
genocide.
Pognon read out to the court the constitution of CDR indicating that it was "a party for all Rwandans regardless of ethnicity".
Asked how a party with such a constitution could have acted otherwise, Ruzindana replied that, "what is on paper is not what is always on the ground."
"Those who were on the ground in Rwanda know that CDR represented violence.CDR represented pure Hutuism", he added.
Ngeze and Barayagwiza are jointly on trial with Ferdinand Nahimana, a founder and alleged former director of alleged hate radio Radio-télévision Libre des Mille collines (RTLM).
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/DO/FH(ME-0710e)
JULY 9th, 2002
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ICTR/MEDIA
RWANDAN ENVOY TO UN READY TO TESTIFY AT ICTR
Arusha, July 9th, 2002 (FH)- International Criminal Tribunal for Rwanda (ICTR) prosecutor, Simone Monasebien of the US told the court on Monday that the Rwandan ambassador to the UN, Anastase Gasana, was ready to come and testify in the genocide trial of three former media personalities.
The revelation was made during cross-examination of prosecution expert witness, Alison Des Forges. Des Forges had cited a document purportedly written by Gasana.
Diana Ellis, defence counsel for genocide suspect, Ferdinand Nahimana, objected to any reference to the document saying that Gasana was not at their disposal for cross-examination on the document. Monasebien then told the court that Gasana, who is not on the prosecutor's list of witnesses, had been contacted and was ready to testify. Gasana is one of the persons the prosecutor intended to add to the witness list last year but was denied by court.
The court did not comment on the matter.
Ellis told the court that Gasana was one of the founders of the Interahamwe (a militia attached to the then ruling party, MRND, active in the genocide). She said that he would shed light on the organisation and activities of the Interahamwe.
Gasana was a member of the MRND but later defected to the opposition MDR party before the genocide. After the war, he worked as foreign minister before his appointment as Rwandan ambassador to the UN.
The 'media trial' groups three suspects accused of using the media in Rwanda to incite ethnic Hutus against Tutsis in the 1994 genocide. They are Ferdinand Nahimana, a founder and alleged former director of Radio-télévision Libre des Mille collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity. An estimated one million Tutsi and moderate Hutu's were killed in the 1994 genocide according to an official census by the government of Rwanda.
Alison Des Forges testified that RTLM broadcast heinous anti-Tutsi propaganda fuelling the genocide. Nahimana's defence characterised her as biased in her opinion and an apologist of crimes committed by the Tutsi-led, Rwandese Patriotic Front (RPF) rebel movement. Alison Des Forges completed her testimony on Tuesday evening.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/DO/FH(ME-0709e)
JULY 8TH, 2002
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ICTR/MEDIA
RIGHTS ACTIVIST GIVING BIASED TESTIMONY, SAYS DEFENCE
Arusha, July 08th, 2002 (FH) - American human rights activist and expert witness in the so-called media trial before the International Criminal Tribunal for Rwanda (ICTR), Alison Des Forges, is a biased "professional witness", co-counsel for genocide suspect Ferdinand Nahimana, Diana Ellis, of the UK told court on Monday. Des Forges was testifying at the resumption of her testimony which was cut short in May by the adjournment of the case.
The media trial groups three individuals accused of having used the media in Rwanda to incite and fuel the 1994 genocide. The three are: Ferdinand Nahimana, a founder and alleged former director of Radio-télévision libre des Mille collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity. An estimated one million Tutsi and moderate Hutu's were killed in the 1994 genocide according to an official census by the government of Rwanda.
"You are biased, you are an accuser", said Ellis. "You haven't come here to give independent opinion", she added. Ellis listed about six occasions on which Des Forges had testified in connection with the 1994 genocide in Rwanda.
"I'm qualified by this tribunal as an expert witness", responded Des Forges, "I came here to give, to the best of my knowledge, an account of what happened in Rwanda." She also vehemently objected to being called a "professional witness". "I have never been paid for my testimony", she said.
Des Forges is a researcher for American based human rights organisation, Human Rights Watch. She authored a book on the 1994 genocide titled: 'Leave none to tell the story'. She has, since the early 1990's, written several reports on Rwanda.
Ellis also challenged Des Forges for not detailing the link between economic hardships in Rwanda before and during 1994 to the genocide in her expert report. "We are all concerned how it came about that many people lost their lives after April 6th, 1994." said Ellis. "Dire economic hardships that faced people at that time explain why", she added.
Des Forges said that she wouldn't characterise economic hardships in Rwanda then as "dire". In any case, she said, "there are many situations of dire poverty in the world that don't result in genocide."
Des Forges also dismissed allegations from Ellis that after her (Des Forges) testimony in chief in May, she had "regular conversations with members of the prosecution team". "I did not discuss my testimony with any one", said Des Forges.
Des Forges further denied claims by Ellis that she had "connections" with the US government. Ellis suggested that Des Forges' contacts in the US State Department were an indication that she had been working for the US government.
"Allow me to smile on that one", said Des Forges. "I was in fact received with considerable resistance. I was a thorn in the side of the US government", she added.
The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0708e)
JULY 5TH, 2002
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ICTR/MEDIA
EXPERT'S TESTIMONY COPIED FROM GENOCIDE BOOK, SAYS DEFENCE
Arusha, July 5th, 2002 (FH) - French history professor, Jean-Pierre Chrétien's expert testimony report at the International Criminal Tribunal for Rwanda is simply a "carbon copy" of a book he co-authored on the 1994 genocide, defence lawyer, Rene Martel of Canada, said on Friday.
Martel, who is defending genocide suspect, Hassan Ngeze, added that other parts of the testimony were "based on rumours, street talk and café talk". The book referred to is: ' Rwanda: Les médias du génocide' (Rwanda: The media of genocide) published in 1995.
"No, that is totally incorrect", Chrétien strongly responded. He said that his expert report was a result of an extensive study with three other researchers. He however admitted that the report would have been better had he and his colleagues had sufficient time to prepare.
The 500-page expert report presented to court on Monday by Chrétien was co-authored by Rwandan historians Marcel Kabanda and Joseph Ngarambe. French journalist Jean-François Dupaquier also contributed to the report.
Chrétien was testifying as an expert witness on the role of the media in the Rwandan genocide. He told the court that he had been working on the African Great Lakes region, a region including Rwanda, for over 40 years. He is a researcher at Centre National de Recherche Scientifique (CNRS) in Paris. Chrétien has completed his testimony.
The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/DO/FH(ME-0705e)
JULY 4th, 2002
________________________________________________________________
ICTR/MEDIA
NGEZE DENIED ANOTHER REQUEST TO DISMISS HIS DEFENCE TEAM
Arusha, July 4th, 2002 (FH) -The International Criminal Tribunal for Rwanda (ICTR) on Thursday denied genocide suspect and former newspaper chief Hassan Ngeze another motion to dismiss his defence team.
Ngeze, who declared himself indigent at the time of his arrest, has been trying to change his ICTR-funded defence team for over a year. The ICTR pays defence fees for all detainees who declare themselves indigent.
Ngeze claims that his lead counsel, John Floyd, of the US and Rene Martel, of Canada are incompetent and have isolated him in the preparation of his defence.
"The chamber notes that he (Ngeze) has periodically worked with his counsel", said presiding judge Navanethem Pillay of South Africa. "The motion (to dismiss counsel) is dismissed", she added.
Floyd denied allegations that he had refused to consult his client. "We have done our best. Sometimes he has refused to receive us or to speak to us on the phone", he said, adding that, "Mr. Ngeze is very difficult and everyone knows."
Ngeze was also denied a motion to allow him to cross-examine prosecution expert witness and French historian, Jean-Pierre Chrétien.
Ngeze first unsuccessfully applied to discontinue his defence team in April 2001. Floyd then asked the court to do a psychiatric test on Ngeze. The results of the test have been kept confidential.
Ngeze later requested and was granted permission to bring a defence team of his own for which he would pay all costs. The team has never appeared in court.
Ngeze is former editor of defunct Rwandan newspaper "Kangura". He is jointly on trial with three other former media personalities in the so-called media trial. The three are mainly charged with using the media in Rwanda to incite ethnic Hutus to kill Tutsis during the 1994 genocide. The others are; Ferdinand Nahimana, a founder and alleged former director of RTLM and Jean-Bosco Barayagwiza, a former politician and Radio-Télévision Libre des Mille Collines (RTLM) board member. The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/DO/FH(ME-0704e)
JULY 3RD, 2002
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ICTR/MEDIA
FRENCH HISTORIAN MISLEADING COURT, SAYS DEFENCE
Arusha, July 3rd, 2002 (FH) - French historian, Jean-Pierre Chrétien, has been misleading judges at the International Criminal Tribunal for Rwanda (ICTR) with "ill researched and confused" testimony, the defence of genocide suspect and former media chief Ferdinand Nahimana said on Tuesday.
Chrétien is testifying as an expert witness on the role of the media in the Rwandan genocide. He told the court that he had been working on the African Great Lakes region, a region including Rwanda, for over 40 years. In 1995, he co-authored the book: 'Rwanda: Les médias du génocide'.
Chrétien told the court on Monday that during the 1994 genocide in Rwanda, Radio-télévision libre des mille collines (RTLM) had demonised ethnic Tutsis and called for Hutus to exterminate them. He also said that RTLM had been a 'propaganda tool' with connections and funding from Rwanda's top leadership.
He is testifying in the so-called media trial which groups three accused linked to the "hate-media" in Rwanda. The three are; Nahimana, a founder and alleged former director of RTLM; Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity. An estimated one million Tutsi and moderate Hutu's were killed in the 1994 genocide according to an official census by the government of Rwanda.
Under cross-examination by Nahimana's defence counsel, Biju Duval of France, Chrétien conceded on several occasions that he had "mixed up" some facts in his report. He also admitted that he could have done more research on some events.
"Why is it that it is only now that you are expressing reservations that you did not indicate in your report", asked Duval. Chrétien had just admitted that he could have done more "research" regarding allegations that at some point during the genocide, radio RTLM broadcast from a mobile van protected by presidential guards.
"I'm giving information which we had", said Chrétien. "I think it is possible to make improvements", he added.
"You remain satisfied with writing a rumour as a historical expert. A historical expert who doesn't do research", Duval asked Chrétien.
The 500-page expert report presented to court by Chrétien was co-authored by Rwandan historians Marcel Kabanda and Joseph Ngarambe. French journalist Jean-François Dupaquier also contributed to the report.
Chrétien is currently being cross-examined by defence counsel for Barayagwiza, Giacomo Balretta Caldarera.
The trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Møse of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/DO/FH(ME-0703e)
JULY 1st, 2002
________________
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ICTR/MEDIA
'HATE-RADIO' LABELED ETHNIC TUTSIS AS ENEMIES OF THE STATE, SAYS EXPERT
Arusha, July 1st, 2002 (FH) - Radio-télévision libre des Mille Collines (RTLM) identified civilian ethnic Tutsis as enemies of Rwanda intending to enslave the majority Hutu population, French historian and expert on Rwanda, Jean-Pierre Chrétien told the International Criminal Tribunal for Rwanda on Monday.
Founder member and alleged former director of RTLM,
Ferdinard Nahimana
is on trial at the ICTR mainly charged with using RTLM to alienate Tutsis before and during the 1994 genocide in Rwanda.
Chrétien identified several recordings which the prosecution claims are of RTLM broadcasts. "In identifying the enemy, RTLM made no distinction between the RPF (Tutsi led rebel movement) and civilian Tutsis", said Chrétien. He said that names used to refer to the rebels like Inkotanyi(fighters) and Inyenzi(cockroaches) also referred to Tutsis in general.
"We have to finish them", one of the alleged RTLM recordings played in court by prosecutor Steven Rapp of the US said of Tutsis. "This is easy, because all you have to do is look at the nose and break it." Ethnic Tutsis are stereotypically said to have thin long noses as opposed to wider and shorter noses of Hutus.
Chrétien is a researcher at Centre National de Recherche Scientifique (CNRS) in Paris. He told the court that he had experience of over 40 years researching on the Great Lakes region in Africa. He is co-author of the book; 'Rwanda, les médias du génocide'. The book is about the role of the media in the 1994 genocide.
Another recording also said to be of RTLM played in court says; "We are coming towards dawn. Towards a beautiful day when we shall say, 'no more Inyenzi'. A day when we shall forget the word Inyenzi." "This is not a classical war", said Chrétien adding that, "it is a war of civilians using bladed weapons".
Chrétien also identified recordings in which announcers are heard identifying individuals as accomplices of the RPF. He said that these people had been consequently killed by militias.
Chrétien continues his testimony on Tuesday before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0701f)
MAY 31st, 2002
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ICTR/MEDIA
MEDIA TRIAL ADJOURNED TO JULY
Arusha, May 31
st
, 2002 (FH) - The genocide trial of three former Rwandan media personalities at the International Criminal Tribunal for Rwanda (ICTR) was on Friday adjourned until July 1
st
.
The ‘media trial’ groups three people linked to media which incited ethnic Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinard Nahimana, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity. An estimated 1,000,000 Tutsis and politically moderate Hutus were killed in the genocide according to an official survey by the Rwandan government.
Trial Chamber One of the ICTR adjourned the media trial to hear the Opening of the trial of former minister of information Eliezer Niyitegeka. This trial will commence on June 17
th
.
Chamber one adjourned mid-way through the cross-examination of expert prosecution witness Alison des Forges. Human rights activist, Des Forges of the US has been testifying before the ICTR for two weeks. She is the 45
rd
prosecution witness in this trial.
Earlier on Friday, co-counsel for Nahimana, Diana Ellis of the UK, contested Des Forges testimony that the Rwandan government during the genocide had refused to act on international calls to abolish racist identity cards. Ellis said that the government had done its best in a situation of war to abolish the cards. She said there was to be a delivery of new identity cards from France at the time the genocide started. Des Forges denied any knowledge of that.
The prosecution alleges that Nahimana was an ideologue of the government that presided over the genocide. They also claim that the ethnic identity cards were used to identify Tutsis during the genocide.
Des Forges will continue her testimony when trial resumes in July. Three other prosecution witnesses, two of them experts, are scheduled to complete their testimony in July. Two expert witnesses, Doctors Marcel Kabanda and Mathias Ruzindana will return for cross-examination. Also to return is protected witness FS.
The Media Trial, which started on October 23
rd
, 2000, is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Dr Kabanda continues testimony on Tuesday morning.
GG/FH (ME-0531e)
* MAY 28th, 2002
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ICTR/MEDIA
NGEZE IS A SCAPEGOAT OF A POPULAR DIALOGUE, SAYS DEFENCE
Arusha, May 28
th
, 2002 (FH) - Genocide suspect and former newspaper editor Hassan Ngeze did not incite the 1994 genocide but rather participated in a “popular dialogue” involving many newspapers in Rwanda, defence counsel John Floyd told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
The prosecution alleges that Kangura published vitriolic articles inciting ethnic Hutus to kill Tutsis in the run-up to the 1994 genocide in Rwanda. An estimated 1,000,000 Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.
Floyd argued that it was normal “in all countries around the world” to have newspapers publishing different opinion. He further presented to court what he said were similar opinion to Kangura’s published in other Rwandan newspapers.
“Mr. Ngeze has been scapegoated(sic) for what was a popular dialogue”, said Floyd. Floyd was cross-examining expert prosecution witness and human rights activist Alison des Forges.
Des Forges responded saying that Kangura had been “characterized by specific anti-Tutsi literature.”
Floyd also contested prosecution allegations that Ngeze conspired with co-accused Ferdinand Nahimana. Nahimana is former director of the Rwandan National Office of Information (ORINFOR). He is also a founder member and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM).
Citing various articles in Kangura ridiculing Nahimana, Floyd said “there was a long enmity” between Nahimana and Ngeze. “It is absurd to even think that these people could have been co-conspirators”, he said.
Des Forges said that though she did not know about enmity between these two, “there are many cases of people with diametrically opposed opinion who none the less formed alliances at the time of the genocide.”
Ngeze and Nahimana are jointly on trial with Jean Bosco Barayagwiza. Barayagwiza is a former politician and RTLM board member.
Des Forges will continue testifying on Wednesday. The trial is before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0528e)
MAY 24th, 2002
______________________________________________
ICTR/MEDIA
NAHIMANA WAS ADVISOR TO GENOCIDE GOV'T, SAYS WITNESS
Arusha, May 24, 2002 (FH) - Genocide suspect and former director of the Rwandan National Information Office (ORINFOR),
Ferdinand Nahimana
was political advisor to president Theodore Sindikubwabo during the 1994 genocide, human rights activist Alison Des Forges told the International Criminal Tribunal for Rwanda (ICTR) on Thursday.
Des Forges said Nahimana was also kind of a spokesperson for the regime that presided of the genocide. "Mr. Nahimana was called upon as the educated, articulate, public face of the Rwandan government", she said.
Nahimana's defence objected to Des Forge's reference to a 'president's advisor' as 'advisor to the government'. Des Forges insisted that in the Rwandan context, advisor to the president would be regarded as advisor to the government.
Nahimana was director on the Rwandan Office of information (ORINFOR), he is also a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM). He is jointly on trial with two other suspects who allegedly used the media in Rwanda to fuel the 1994 genocide in Rwanda.
The other two are : Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
Des Forges is a senior advisor to human rights watchdog organisation, Human Rights Watch. She holds a PhD in African History from Yale University in the US. She has published several works on the 1994 genocide in Rwanda including the book,
Leave none to tell the story
. She is testifying as an expert witness.
Des Forges will begin answering questions from the defence on Monday. Prosecutors Charity Kagwi of Kenya and Simon Monasebian of the US have been questioning Des Forges. The trial is before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0524e)
MAY 23rd, 2002
______________________________________________
ICTR/MEDIA
‘HATE RADIO’ ORDERED RWANDA MOSQUE KILLINGS, SAYS RIGHTS ACTIVIST
Arusha, May 23
rd
, 2002 (FH) - Alleged ‘hate-radio’ Radio-Télévision Libre des Mille Collines (RTLM) ordered the killings of ethnic Tutsi refugees at Kaddafi Mosque in the Rwandan capital Kigali during the 1994 genocide, human rights activist Alison des Forges told the International Criminal Tribunal for Rwanda on Thursday.
Founder member and alleged former director of RTLM,
Ferdinand Nahimana
is on trial at the ICTR. He is charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity. An estimated One million ethnic Tutsi and politically moderate Hutu were killed in the 1994 genocide in Rwanda.
“RTLM identified Kaddafi mosque as a place where Tutsi had taken refugee and where they should be attacked”, Des Forges told the court. Des Forges said the killings at Kaddafi mosque early April, 1994 were among the first during the genocide.
Des Forges said that about a month after the Kaddafi mosque killings, RTLM called on militias to go and kill other Tutsi that had taken refugee in the same mosque after the initial killings. “They were much like cows in a slaughter house”, Des Forges quoted an RTLM journalist as having described the refugees in a radio broadcast a few hours after passing by the mosque. “I don’t know whether they have been slaughtered today or will be slaughtered tonight”, Des Forges further quoted the journalist as having said.
Des Forges further told the court that she had interviewed a woman that had participated in the Kaddafi mosque killings. “The woman told me that it was the first time the state had directed her to kill”, said Des Forges. “It was my day to kill”, Des Forges quoted the woman as having said.
Nahimana’s defence denies that Nahimana was director of RTLM. They further say that from April 12
th
, 1994, Nahimana took refugee in Burundi (South of Rwanda) and would not have been involved with RTLM. The prosecution claims that Nahimana fled Burundi on April 12
th
, 1994 but returned to the southern parts of Rwanda a few days later and continued to influence RTLM broadcasts from there.
In line with this argument, Des Forges told the quote of an interview allegedly given to Radio Rwanda by Nahimana towards the end of April 1994. “ Nahimana talked of how he was satisfied with both stations (Radio Rwanda and RTLM) in raising awareness of the majority population”, Des Forges quoted Nahimana as having said during the interview. She further quoted Nahimana as having also expressed satisfaction at “how the population has stood up and worked together with the army in view of halting the enemy.” Des Forges and many other prosecution witnesses have said that the term “working” at the time was an euphemism meaning killing of Tutsis. The prosecution says that RTLM broadcasts changed from worse to worst after the April 6
th
, 1994 fatal crash of the plane carrying Rwandan president Juvenal Habyarimana.
Des Forges is a senior advisor to human rights watchdog organisation, Human Rights Watch. She holds a PhD in African History from Yale University in the US. She has published several works on the 1994 genocide in Rwanda including the book,
Leave none to tell the story
. She is testifying as an expert witness.
Nahimana is jointly on trial with two other suspects who allegedly used the media in Rwanda to fuel the 1994 genocide in Rwanda. The other two are; Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura".
Des Forges will continue testifying on Monday. Prosecutors Charity Kagwi of Kenya and Simon Monasebian of the US have been questioning Des Forges. The trial is before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0523e)
22th, 2002
_________________________________________________________________
ICTR/MEDIA
PROFESSOR NAHIMANA MASTERMINDED RACIST "CIVIL DEFENCE" SYSTEM
Arusha, May 22
nd
, 2002 (FH) - Genocide suspect professor Ferdinand Nahimana was one of the creators of the anti-Tutsi "civil defence" system in the run up to the 1994 genocide in Rwanda, human rights activist Alison Des Forges told the International Criminal Tribunal for Rwanda on Wednesday.
"This is what was to be used in the genocide to attempt to exterminate the Tutsi", said Des Forges. Des Forges is a senior advisor to human rights watchdog organisation, Human Rights Watch. She holds a PhD in African History from Yale University in the US. She has published several works on the 1994 genocide in Rwanda including the book, Leave none to tell the story. She is testifying as an expert witness.
Des Forges presented to court two documents, a pamphlet purportedly written by Nahimana in 1993 calling for the formation of a "civil defence" and a letter also allegedly written by Nahimana in 1994 appealing to the civil society to consider his 1993 pamphlet.
Des Forges also told the court that she had copies of a 1993 dairy belonging to Colonel Theoneste Bagosora with "clear indications of sketches preparing the formation of the civil defence." Bagosora is in detention awaiting trial at the ICTR. The prosecution alleges that he was the most powerful government official at the time of the 1994 genocide. Bagosora was the Director of cabinet in the Rwandan ministry of defence.
Nahimana was director on the Rwandan Office of information (ORINFOR), he is also a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM). He is jointly on trial with two other suspects who allegedly used the media in Rwanda to fuel the 1994 genocide in Rwanda. The other two are; Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
Des Forges will continue testifying on Thursday. Prosecutors Charity Kagwi of Kenya and Simon Monasebian of the US have been questioning Des Forges. The trial is before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0522e)
* MAY 20th, 2002
_________________________________________________________________
ICTR/MEDIA
NAHIMANA WAS MEMBER OF KILLER ORGANISATION, SAYS EXPERT WITNESS
Arusha, May 20 th , 2002 (FH) - Genocide suspect Ferdinand Nahimana was a senior member of an organisation responsible for the killings and torture of ethnic Tutsis in Rwanda before the 1994 genocide, Alison des Forges told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
Des Forges of the US is a senior advisor to human rights watchdog, Human Rights Watch. She holds a PhD in African History from Yale University in the US. She has published several works on the 1994 genocide in Rwanda including the book, Leave none to tell the story. She is testifying as an expert witness.
Des Forges told the court that an organisation called Comité de Salut Public (Committee of Public Salvation) had been responsible for killings of Tutsis and spreading anti-Tutsi propaganda. She said the organisation had been formed in 1973.
Des Forges presented to the court a Committee of Public Salvation (CPS) document listing Nahimana as one of "The thinking heads of the organisation".
Nahimana was director on the Rwandan Office of information (ORINFOR), he is also a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM). He is jointly on trial with two other suspects who allegedly used the media in Rwanda to fuel the 1994 genocide in Rwanda. The other two are; Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
Earlier on Monday, Nahimana's co-counsel, Diana Ellis objected to the admission of Des Forges as an expert witnesses saying, among other arguments that " she has no learning, no knowledge and no expertise outside of any other individual who can read about these matters." Prosecutor Charity Kagwi of Kenya responded that Des Forges had done "extensive scientific and technical research on the 1994 genocide."
Des Forges will continue her testimony on Tuesday before Trial Chamber One of the ICTR composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0520e)
*
MAY 16th, 2002
______________________________________________
ICTR/MEDIA
GENOCIDE SUSPECT JOURNALIST BELIEVED IN PEACE, SAYS DEFENCE
Arusha, May 17
th
, 2002 (FH) - Genocide suspect and former editor of defunct Rwandan newspaper Kangura, Hassan Ngeze, never incited genocide but rather believed in freedom of press, peace, elections and democracy, his defence told the International Criminal Tribunal for Rwanda (ICTR) on Friday.
Ngeze is on trial for allegedly using his newspaper to incite ethnic Hutus to kill Tutsis in the run-up to the 1994 genocide in Rwanda. He is also accused of personally killing Tutsis and supervising killings.
Prosecution expert witness, Dr. Marcel Kabanda challenged the defence position saying that opinions in Kangura were "dehumanising, lies and resulted into deaths or imprisonment of Tutsi minorities and opposition members". "This is criminal", said Kabanda.
Ngeze's defence lawyer, John Floyd of the US further said that his client had been in jail or once been in Europe when about ten issues of Kangura were published. "He wasn't present or involved in the editions", Floyd asked Kabanda.
"Yes, but whenever he (Ngeze) returned he never criticised what had been written in his paper as any editor would do", responded Kabanda.
Kabanda is a Rwandan historian based in France. He is co-author of the book Rwanda: Les Media de Genocide (Rwanda: The Media of Genocide).
Hassan Ngeze is jointly on trial with Ferdinand Nahimana and Jean Bosco Barayagwiza. Nahimana is a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM). Jean-Bosco Barayagwiza is a former politician and RTLM board member.
Kabanda has not completed cross-examination by the defence due to personal work commitments. He is scheduled to return at the end of May. The court will on Monday begin to listen to the testimony of another expert witness, Alison des Forges. She works for the New York based human rights watchdog, Human Rights watch. She is author of a book on the Rwandan genocide titled Leave none to tell the story.
This trial is before Trial Chamber One of the ICTR composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0517e)
MAY 16th, 2002
____________________________________________________________________
ICTR/MEDIA
NEWSPAPER PORTRAYED ETHNIC TUTSIS AS A THREAT TO RWANDA, SAYS WITNESSES
Arusha, May 16
th
, 2002 (FH) - Defunct Rwandan newspaper, Kangura denounced ethnic Tutsis as "a threat to Rwanda and the entire region" in the run-up to the 1994 genocide in Rwanda, expert witness Dr.Marcel Kabanda told the International Criminal Tribunal for Rwanda (ICTR) on Thursday. The former editor of Kangura, Hassan Ngeze is on trial at the ICTR for genocide, pubic incitement to committee genocide and other crimes related to the 1994 genocide.
Kabanda said that Kangura wrote that Tutsis wanted to eliminate all ethnic Hutus before forming a Tutsi empire in the region.
"It took a massive campaign of dehumanisation and lies to bring about the genocide", Kabanda told the court. He said that pro-genocide media in Rwanda had prospered with impunity due to general support or inaction from the then government.
"In the beginning, opposition papers tried to counter the lies of such media but couldn't keep up", said Kabanda. He said that opposition journalists were normally labelled by Kangura as accomplices of the Tutsi-led RPF rebels. "They were consequently killed or jailed", he said.
Rwandan historian and co-author of the book
Rwanda Les Media de Genocide
(Rwanda The Media of Genocide), Kabanda, is testifying in the so-called 'media-trial'. The case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda.
They are
Ferdinard Nahimana
, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". An estimated one million Tutsis were killed during the 1994 genocide in Rwanda according to an official survey by the government of Rwanda.
Kabanda quoted Kangura articles that referred to two opposition journalists, Andrew Kameya and Martin Kamurase as wicked and accomplices of the Tutsi-led RPF (Rwandaise Patriotic Front) rebels. He said that the two journalists had been consequently murdered.
Kabanda has also testified that Kangura called for Hutu men not to marry Tutsi women. According to an article that appeared in Kangura, Tutsi women are treacherous and were to be avoided by Hutu men. One of the major prosecution exhibits in this case is an article that appeared in Kangura titled "The ten Hutu commandments". The "commandments" call for Hutus to alienate Tutsis. Kabanda's expert report presented to the court is titled
Kangura: The media of hate and conspiracy to commit genocide
.
The Media Trial is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0516e)
MAY 13th, 2002
______________________________________________
ICTR/MEDIA
RWANDAN HISTORIAN TESTIFIES AS MEDIA TRIAL RESUMES
Arusha, May 13th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR) allowed a Rwandan Historian, Dr. Marcel Kabanda, to testify as an expert prosecution witness, when the trial of three people accused of using the media to fan the 1994 Rwanda genocide resumed.
The media trial groups three suspects accused of having used the media to incite killings during the 1994 genocide in Rwanda. The three are: former director of Radio-Télévision Libre des Mille Collines (RTLM)
Ferdinand Nahimana
; former editor of "Kangura" newspaper Hassan Ngeze; and former politician and RTLM board member Jean-Bosco Barayagwiza.
The trial was adjourned on March 28th, during the testimony of another expert witness, Dr. Mathias Ruzindana. The Trial Chamber hearing this case is also hearing alternately, the trial of former Seventh Day Adventist Pastor Elizaphan Ntakirutimana and his son medic Gerard Ntakirutimana.
Dr. Ruzindana is yet to complete his testimony and is expected to return to conclude his evidence. Dr. Kabanda is the 44th prosecution witness. All three defence teams objected to him being admitted as an expert witness.
When the prosecution asked the trial chamber to admit Dr. Kabanda as an expert on the print media in Rwanda, the defence objected, arguing that he is neither an editor nor has he ever studied the history of the press in depth.
In response to questions put to him regarding his status as an expert, Dr. Kabanda stated that he has experience in history and in research, adding that he has done a lot of research work in addition to his doctorate thesis. Currently he is a consultant for UNESCO, dealing with documentary research.
Dr. Kabanda also informed the court that he and three others authored a book titled
Rwanda Les Media du Genocide
(Rwanda The Media of Genocide). Ngeze's lawyer, American John Floyd, maintained that Dr. Kabanda was not an expert but was among "a clique" (of researchers) that had pre-decided issues and "you all support each other."
Nahimana's lawyer, Jean Marie Biju-Duval of France, asked how objective Dr. Kabanda would be since he has among a number of plaintiffs in a genocide case currently pending in a French court. The lawyer also wanted to know if Dr Kabanda had previous works published to give weight to his status as an expert.
While delivering its decision to admit Dr. Kabanda as an expert witness, the Chamber said it was a unanimous decision that Dr. Marcel Kabanda be admitted as an expert on the print media in Rwanda.
However, the Chamber said it has noted the defence's questions regarding the quality and content of Dr. Kabanda's research and the report he had submitted to the court.
"We've also heard the oral evidence of Dr Kabanda supplemented by his CV," said presiding Judge Navanethem Pillay of South Africa. Judge Pillay added that the Chamber also asked itself the same question raised by the defence namely: how can an historian describe himself as a print media expert. The Chamber stated that the area of study in question could be viewed from a multi-disciplinary approach.
The Media Trial, which started on October 23
rd
, 2000, is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Dr Kabanda continues testimony on Tuesday morning.
SW/FH (ME-0513e)
MARCH 27TH, 2002
__________________________________________________________________
ICTR/MEDIA
ETHNIC TUTSIS WERE NOT TARGETED BY 'HATE RADIO', SAYS DEFENCE
Arusha, March 27th, 2002 (FH) - The defence of genocide suspect and founder member of RTLM, Ferdinard Nahimana told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that 'Hate radio' RTLM did not incite Hutus to kill Tutsis during the 1994 genocide but rather called on all Rwandans to unite and fight Tutsi-led RPF rebels.
Defence lawyer for Nahimana, Diana Ellis of the UK also told the court that what the prosecution refers to as hard-line anti-Tutsi propaganda broadcasts on RTLM before and during the genocide was legitimate "war-time" language aimed exclusively at the RPF.
Ellis was cross-examining prosecution witness Mathias Ruzindana. Social-linguistics expert Ruzindana is testifying as an expert witness in the so-called media trial. The case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Nahimana, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
Ruzindana said last week that RTLM broadcasts contained anti-Tutsi messages associating all Tutsis with the Rwandese Patriotic Front (RPF) rebels. Ruzindana said that some of the words in the broadcasts were coded. He noted that Gukora (meaning to work) meant to kill, Inyenzi (meaning cockroach and used to refer to Tutsi rebels in the early 60s) referred to the RPF rebels and Tutsis in general.
Ellis cited an RTLM broadcast in 1994 in which a journalist defines the Inyenzi as being the RPF rebels and not the entire Tutsi population. "This clearly indicates that mention of Inyenzi did not refer to the entire Tutsi population. Not so?" asked Ellis.
"RTLM broadcasts should be looked at in context. Let us consider all broadcasts and not a mere extract", responded Ruzindana. Ruzindana then cited a broadcast a few days after the one mentioned by Ellis, by the same journalist, saying that the war in Rwanda was between Hutus and Tutsis.
Ellis further said that Ruzindana, by virtual of being an employee of the tribunal, had "lost the independence of an academician" required of expert witness. Ruzindana is an employee of the ICTR language section.
Ruzindana's testimony continues on Thursday before Trial Chamber One of the ICTR composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/FH (ME-0327e)
MARCH 20th, 2002
__________________________________________________________
ICTR/MEDIA
PROSECUTION PRESENTS 273 TAPES OF "HATE RADIO" BROADCASTS
Arusha, March 20th, 2002 (FH) -The prosecution in the case of three individuals accused of using "hate media" to ignite massacres in the 1994 Rwanda genocide, on Wednesday presented the International Criminal Tribunal for Rwanda with 273 audio tapes of recorded broadcasts that allegedly incited killings.
The 43rd prosecution witness in the so-called "Media trial", Dr. Mathias Ruzindana translated the recordings of broadcasts that were originally transmitted in either Kinyarwanda or French into English.
The Media trial groups three suspects accused of having used the media to incite killings during the 1994 genocide in Rwanda. The three are: former director of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana; former editor of "Kangura" newspaper Hassan Ngeze; and former politician and RTLM board member Jean-Bosco Barayagwiza
Dr. Ruzindana, who is testifying as a socio-linguistic expert, also translated transcripts and translations arising from the Kinyarwanda broadcasts into English.
Among the cassettes, transcripts and translations that were presented to the Chamber are broadcasts aired by RTLM in November 20th, 1993 as well as some reportedly carried on March 2nd-3rd, 1994, May 20th and also June 20th and June 22nd, 1994.
The broadcasts include news, interviews and songs and also mention names of reporters and broadcasters from the radio as well as the interviewees, including two of the accused, Nahimana and Ngeze.
The journalists who are heard and identified in the broadcasts include Kantano Habimana, Valerie Bemeriki, who is in detention in Rwanda, and George Ruggiu, who has already been handed down a twelve-year sentence by the Tribunal after pleading guilty to inciting genocide. Ruggiu is said to have worked with the former RTLM editor, Gaspard Gahigi, who is thought to be dead.
The prosecution intends to show how broadcasts incited Rwandans to kill and how the accused in the Media trial were involved in these broadcasts.
Dr Ruzindana, who began testifying on Wednesday morning, responded to questions by prosecutor Stephen Rapp of the United States. He continues with his testimony on Thursday.
The Media Trial, which started on October 23
rd
, 2000 is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
NI/SW/JA/FH (ME-0320f)
MARCH 20th, 2002
________________________________________________________
ICTR/MEDIA
WITNESS IN MEDIA TRIAL ADMITTED AS AN EXPERT AMID DEFENCE OBJECTIONS
Arusha, March 20th, 2002 (FH) - A Rwandan linguist was on Tuesday afternoon admitted, despite strong objections by the defence, as a prosecution expert witness in the so-called media trial before the International Criminal Tribunal for Rwanda (ICTR).
The media trial involves three individuals accused of using "hate media" to incite the populace against the Tutsis in 1994. Defence teams in this case were strongly opposed to the prosecution calling Dr Mathias Ruzindana as an expert arguing that he was not impartial and that he did not have the competence in his area of specialization to be termed an expert.
Dr Ruzindana is employed by the languages section of the ICTR office in Kigali and was to testify as a socio-linguistic expert.
The media trial groups three suspects accused of having used the media to incite killings during the 1994 genocide in Rwanda. The three are: former director of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana; former editor of "Kangura" newspaper Hassan Ngeze; and former politician and RTLM board member Jean-Bosco Barayagwiza.
Dr Ruzindana has transcribed and translated broadcasts of RTLM radio from Kinyarwanda to French and/or English and is expected to enlighten the court on their content.
Prosecution intends to show by the testimony of this witness that RTLM incited anti-Tutsi genocide and massacres. About one million people lost their lives in a period of three months during the massacres, according to a recent census by the Rwandan government.
Delivering its decision admitting Dr Ruzindana as an expert, the Chamber stated that he possessed expertise that allowed him to assist the judges in grasping the picture, understanding the content of publications and the sense of terms that are in Kinyarwanda.
However, the Chamber stressed their concern about the witness testifying, saying he was no outsider because he is employed by the ICTR and he had worked on the translation of cassettes on broadcasts by RTLM.
The defence lawyers maintained that Dr Ruzindana has "committed an act of allegiance" with the prosecution and that he was not recognized as an expert in the circles of other socio-linguists. They argue he had not published any known works.
"Twenty years ago they said publish or perish, today they say be cited or perish and he doesn't even meet the requirements of twenty years ago," said lawyer Canadian Rene Martel, co-counsel for Ngeze.
But prosecutor Stephen Rapp of America said that Dr Ruzindana had pursued socio-linguistic studies in Rwanda and Britain and supervised the work of students in this domain.
The Media Trial started on October 23
rd
, 2000 and is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
Dr Ruzindana will be the 43rd prosecution witness and was set to start his testimony on Wednesday morning.
AT/SW/JA/FH (ME-0320e)
MARCH 13th, 2002
_______________________________________________________
ICTR/MEDIA
GENOCIDE SUSPECTS WERE SIGNATORIES TO "HATE-RADIO" BANK ACCOUNTS, SAYS UN INVESTIGATOR
Arusha, March 13
th
, 2002 (FH) - An investigator for the International Criminal Tribunal for Rwanda (ICTR) on Wednesday produced hundreds of receipts and documents of financial transactions, allegedly signed by genocide suspects Ferdinand Nahimana and Jean Bosco Barayagwiza, on behalf of "hate-radio" RTLM. The prosecution holds that the defunct Radio-television libre des Mille Collines - RTLM - was a "criminal enterprise" that fuelled the 1994 genocide in Rwanda.
Nahimana and Barayagwiza are founder members of RTLM. The prosecution also alleges that Nahimana was director of RTLM. The defence has denied this and maintains that Nahimana was only one of the many founders of the radio. The two are jointly on trial alongside former editor of 'Kangura', Hassan Ngeze, in what is known as "the media trial".
The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
Documents produced by prosecution investigator, Musonda Aaron, include RTLM bank deposit slips, RTLM stock purchase receipts and receipts for financial transactions of Nahimana's personal account. Others include a letter from the then Rwandan Minister of Defence authorising the RTLM to possess firearms. Prosecutor Simone Monasebian of the United States told the court that the prosecution would demonstrate that Nahimana shared his bank account with RTLM and vice versa.
Prosecutor could be sanctioned
Presiding judge for Trial chamber one of the ICTR, Navanethem Pillay of South Africa recommended on Wednesday that one of the members of the prosecution team in the media trial be sanctioned for repeatedly delaying the disclosure of documents to the defence attorneys. The documents include those about which Musonda testified on Wednesday. The prosecutor handling this witness is Monasebian.
Pillay made the announcement shortly before the court adjourned for around three hours to give defence time to read through documents disclosed by the prosecution over the weekend.
"Once again we have to adjourn and waste court time due to the Prosecutor's failure to hand over documents to defence in due time", said Pillay. Monasebian requested the court reverse its decision saying that she had not received the documents herself on time and therefore should not be blamed. The chamber is scheduled to deliver a decision on the matter after Musonda's testimony.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0313e)
MARCH 12th 2002
__________________________________________________________
ICTR/MEDIA
UN TEAM STOLE GENOCIDE SUSPECT'S MONEY, CLAIMS DEFENCE
Arusha, March 12th, 2002 (FH) - A team of investigators of the International Criminal Tribunal for Rwanda (ICTR) made away with more than $10,000, belonging to genocide suspect Hassan Ngeze during his arrest in 1997, his defence told the court on Tuesday.
Former prosecution investigator Kaiser Rizvi, now working for the International Criminal Tribunal for the former Yugoslavia (ICTY), denied the allegations. He said that ICTR investigators had declared all property seized during the arrest.
Rivzi was testifying on the chain of custody of hundreds of audio cassettes produced by the prosecution in the so-called 'media' trial. Rizvi was in charge of locating and keeping the cassettes at the time he worked for the ICTR. He also participated in the arrest of Hassan Ngeze in Nairobi, Kenya.
The media trial groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinand Nahimana, a founder and alleged former director of Radio-télévision libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
"My client says he had in his house US $10,000, 5,000 French Francs, 5,000 Belgian Francs, an unspecified amount of Kenyan and Rwandan currency. Where did it go?", asked Ngeze's American lawyer John Floyd. Floyd said that despite having warmly received the team of ICTR investigators and Kenyan police on the day of the arrest, Ngeze had refused to sign an inventory of property seized from him because it did not include the money.
Rizvi said that Ngeze had simply refused to sign the document without giving any reasons. He further said that ICTR investigators were merely observers to the arrest and that the arrest had been carried out by Kenyan police.
"Foul play" in RTLM cassette testimony
Defence counsel for Ngeze said on Tuesday that several cassettes were inexplicably missing from a list of hundreds of cassettes tendered as evidence by ex-prosecution investigator Kaiser Rizvi. "At the very least, the prosecution is incompetent and at the very most, and this is what we think it is, there has been foul play and an intentional plan to keep the tapes from the court", said Floyd.
Rizvi said that the missing tapes had been dropped from the list either because investigators had discovered that they were not Radio RTLM tapes or they were irrelevant to the case. The prosecution alleges that RTLM incited and fuelled the 1994 genocide in Rwanda.
The trial will continue on Wednesday with the testimony of prosecution investigator Aaron Musonda. He will be the 42nd prosecution witness. The trial is being heard by Trial Chamber One of the ICTR, composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0312e)
MARCH 11th 2002
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ICTR/MEDIA
ALLEGED RADIO RTLM RECORDINGS "BOGUS", SAYS DEFENCE LAWYER
Arusha, March 11
th
, 2002 (FH) - Defence lawyer for genocide suspect Hassan Ngeze told the International Criminal Tribunal for Rwanda (ICTR) on Monday that hundreds of audio recordings of "hate-radio" RTLM broadcasts produced by the prosecution were "bogus", and had mainly originated from a suspicious source, reports the independent news agency Hirondelle.
American lawyer John Floyd was cross-examining ex-prosecution investigator Kaiser Rizvi on the authenticity of about 220 audio tape cassettes tendered by the prosecution as evidence. Rizvi, currently working at the International Criminal Tribunal for the former Yugoslavia (ICTY), was in charge of locating and keeping the cassettes at the time he worked for the ICTR. Rizvi has since Friday been testifying on the chain of custody of the cassettes.
Rizvi is the 41st prosecution witness in the so-called media trial. The case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinand Nahimana, a founder and alleged former director of Radio-télévision libre des Mille collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
"There are many stops and starts. Can you tell the court why you think these tapes were not tampered with", Floyd asked the witness. "I wouldn't know. I don't understand Kinyarwanda (the Rwandan language of most of the recordings)", answered Rizvi. He however said that he believed there was no reason why the tapes could have been tampered with.
Floyd also said that he believed most of the cassettes, even those obtained from individuals, had originated from the Tutsi-led RPF party archives. Floyd has repeatedly stated that the RPF is biased against the Hutu defendants at the ICTR. "You get groups of tapes from various sources but we end up with no duplicates of the same broadcast from different sources. Doesn't this suggest there could be a controlling force somewhere supplying the tapes?" asked Floyd. The lawyer then said that the "controlling force" was the RPF. He suggested that tapes obtained from other Rwandan government organs could have originated from the RPF. Rizvi said that the he had no reason to believe that other sources of the cassettes were linked to the RPF.
Rizvi testified has said that most of the cassettes had been recorded from the US State Department in Washington, the RPF secretariat archives, the Rwandan Office of Information (ORINFOR) and the Rwandan Ministry of Information. Other cassettes were obtained from individuals who, according to Rizvi, directly recorded RTLM broadcasts.
Floyd further argued that someone at the ICTR "who is pro-Tutsi or anti-defendants or an expert hired by the OTP (Office of the Prosecutor) could have edited the tapes". Rizvi responded that he found no possibility of that happening.
Rizvi will continue to answer questions from Floyd on Tuesday. The trial is being heard by Trial Chamber One of the ICTR, composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0311e)
MARCH 8th, 2002
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ICTR/MEDIA
RWANDA TRIBUNAL ADMITS ALLEGED RECORDINGS FROM "HATE RADIO" AS EXHIBITS
Arusha, March 8th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Friday admitted about 130 cassettes, said to be recordings of defunct Radio RTLM broadcasts, as prosecution exhibits. The prosecution alleges that the radio station incited and fuelled the 1994 genocide in Rwanda.
The cassettes were produced in the so-called media trial. The case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda in which some one million people were killed, according to an official Rwandan survey. They are Ferdinand Nahimana, a founder and alleged former director of Radio-télévision libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, conspiracy to commit genocide, complicity in genocide and crimes against humanity.
Prosecution witness Kaiser Rizvi testified on the chain of custody of the cassettes. Rizvi is an investigator for the prosecution in the Slobodan Milosevic case at the International Criminal Court for the former Yugoslavia (ICTY) in the Hague. He formerly worked as an investigator for the prosecution at the ICTR.
Most of the cassettes admitted as exhibits have previously been referred to by prosecution witnesses in this case. The court had refused to admit them or provisionally admitted them pending authentication.
Each of the defence for the three accused repeatedly objected to the admission of the cassettes saying that Rizvi had not produced sufficient proof as to who had made the original recordings and whether or not the recordings had been tampered with.
Rizvi said most of the cassettes had been obtained from the US State Department in Washington and the Rwandaise Patriotic Front (RPF) secretariat archives in Kigali, Rwanda. Other cassettes were obtained from individuals who, according to Rizvi, directly recorded RTLM broadcasts. Rizvi could not testify as to who recorded the tapes from the US State Department or those from the RPF secretariat.
"This is completely and totally unreliable", said Ngeze's lawyer, John Floyd of the US. "It is biased. The court cannot admit such as exhibits", he added. The court said it would admit the cassettes but would consider the objections of the defence during deliberations on prosecution evidence.
Rizvi will continue testifying on Monday. The prosecution is expected to tender about 90 more cassettes.
The Trial is being heard by Trial Chamber One of the ICTR, composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0308e)
MARCH 5TH 2002
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ICTR/MEDIA
CONVICTED EX-RADIO PRESENTER HAS MENTAL PROBLEMS, DEFENCE SUGGESTS
Arusha, March 5th, 2002 (FH) - Convicted Italo-Belgian journalist George Ruggiu had a psychopathic disorder that compelled him to agree to false suggestions from the prosecution about the 1994 genocide, defence counsel for genocide suspect Jean Barayagwiza suggested to the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
Ruggiu is testifying against three suspects who allegedly used the media to fuel the genocide in Rwanda. The so-called media trial is composed of former director of the Rwandan national information office (ORINFOR), an organisation controlling the state radio, television and other state media outlets, Ferdinand Nahimana.
Nahimana is also a founder and one of the leaders of defunct "hate-radio", Radio-Television libre des Mille Collines (RTLM). The trial also includes former editor of newspaper "Kangura", Hassan Ngeze and former director of political affairs at the Ministry of Foreign Affairs and member of the board at RTLM, Jean Bosco Barayagwiza. The three are charged with several counts of genocide, genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Ruggiu was a journalist at RTLM during the genocide. He was arrested on an ICTR indictment in 1997 in Mombasa, Kenya. He pleaded guilty to inciting genocide and to persecution as a crime against humanity. The ICTR sentenced him to 12 years' imprisonment on June 1st, 2000.
Lead counsel for Barayagwiza, Giaccomo Baletta Caldarera of Italy, told the court that Ruggiu might have developed emotional problems from the difficult
childhood that he had had as a son of an immigrant. Ruggiu had told the court that his Italian father had immigrated to Belgium in search for a better job. Ruggiu was born in Belgium to a Belgian mother. Ruggiu however denied that he had a difficult childhood or ever suffered any psychopathic problems.
Spirit of social revenge
"Indeed there were pressures from my counsel, the prosecution, investigators and from other accused", said Ruggiu. "But I reflected on the crimes I had done to Rwandans and my duty to confess. I have made sure that I speak the truth ", he added.
Caldarera insisted that Ruggiu was a desperate failure in life with a spirit of social revenge.
Earlier on Tuesday, Ruggiu repeatedly admitted that he had lied about several events in interviews with prosecution investigators before his plea in 1997. Defence counsel for Nahimana sought to prove that Ruggiu was a perpetual liar who couldn't be believed by the court. "I wasn't in any plea agreement with the prosecution at that time. I wasn't sure of what accusations would be brought against me and had no reason to co-operate with the Prosecutor", said Ruggiu.
Ruggiu also made contradictions regarding his testimony to the court last week and his witness statement to prosecution investigators in 1999. Ruggiu
accepted to co-operate with the Office of the Prosecutor in 1999.
Ruggiu will continue his testimony on Wednesday with cross-examination from Ngeze's defence.This trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0305e)
FEBRUARY 28th, 2002
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ICTR/MEDIA
I LIED IN MY BOOK TO PROTECT RTLM, SAYS CONVICTED RADIO PRESENTER
Arusha, February 28th, 2000 (FH) - Convicted Italo-Belgian ex-radio presenter George Ruggiu told judges at the International Criminal Tribunal for Rwanda (ICTR) on Thursday that he had knowingly lied about "hate-radio" RTLM in his book, "Dans la tourmente Rwandaise" (In the Rwandan turmoil).
"So you propagated lies in your book in 1995 and you now want this court to believe what you are saying today", defence counsel for genocide suspect Ferdinard Nahimana, Jean Marie Biju Duval of France, asked Ruggiu.
Ruggiu is testifying against three suspects accused of using the media in Rwanda incite Hutus against Tutsis in the 1994 genocide. They are Ferdinand Nahimana, a founder and alleged former director of Radio-Télévision libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM
board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Ruggiu told the court that he had described the RTLM in his book as "radio truth, radio courage, radio resistance" so he could defend the radio and its supporters. Ruggiu told the court earlier on Thursday that radio RTLM had, throughout the genocide, demonized ethinic Tutsis and called for Hutus to "wipe out" Tutsis "from the face of the earth".
Ruggiu wrote his book on Rwanda before his arrest by the ICTR in 1997. In his book, Ruggiu says "We tried to mobilise the people against the enemy which was the RPF and not the few Tutsi survivors". Ruggiu told the court on Thursday that this was not the reality.
Ruggiu told the court he had changed his opinion after his arrest and after speaking to fellow detainees and realising he "had participated in a planned genocide".
In a statement to ICTR prosecution investigators before his guilty plea, Ruggiu described Nahimana as a charismatic man who had mobilised people to fight
against a national enemy.
Ruggiu will continue to answer questions from the defence on Friday. This trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay
of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0228f)
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FEBRUARY 28th, 2002
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ICTR/MEDIA
CONVICTED RADIO PRESENTER QUOTES "HATE RADIO" BROADCASTS
Arusha, February 28th, 2002 (FH) - Convicted Italo-Belgian presenter George Ruggiu on Thursday quoted before the International Criminal Tribunal for Rwanda (ICTR) what he said were radio RTLM broadcasts aimed at inciting the "extermination" of ethnic Tutsis during the 1994 genocide in Rwanda.
"They are a species of bad people, I don't know how God will help us to exterminate the 'Inkotanyi'", said Ruggiu quoting what the prosecution says are transcripts of a radio RTLM broadcast at the height of the 1994 genocide. Ruggiu told the court that the word 'Inkotanyi' at that time referred to all Tutsis and the Tutsi-led RPF rebel movement.
Ruggiu is testifying against three suspects accused of using the media in Rwanda incite Hutus against Tutsis in the 1994 genocide. They are Ferdinand Nahimana, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Ruggiu was a journalist at RTLM during the genocide. He was arrested on an ICTR indictment in 1997 in Mombasa, Kenya. He pleaded guilty to inciting genocide and to persecution as a crime against humanity. The ICTR sentenced him to 12 years' imprisonment on June 1st, 2000.
"Look at the height and physical appearance. Look at the small nose and break it", said Ruggiu quoting another audio cassette allegedly from an RTLM
broadcast. Prosecution witnesses have testified that Tutsis in Rwanda are identified from being tall and possessing aquiline noses.
"Tutsis should disappear from the face of the earth. We should have them completely wiped out", Ruggiu said quoting a cassette allegedly from a June, 1994 RTLM broadcast.
The defence counsels for the three accused have contested the authenticity of about 600 audiocassettes tendered by the prosecution as recordings of RTLM
broadcasts. The court has provisionally accepted the cassettes as exhibits pending authentication by ICTR investigators. The prosecution says it acquired the
cassettes from the US State department and the Rwandan government.
Ruggiu continues to testify before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and
Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0228e)
FEBRUARY 27th, 2002
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ICTR/MEDIA
NAHIMANA WAS DIRECTOR OF "HATE RADIO", SAYS CONVICTED JOURNALIST
Arusha, February 28th, 2002 (FH) - Genocide suspect and founder of "hate-radio" RTLM, Ferdinand Nahimana, was also its director, contrary to denials by his defence, a convicted Italo-Belgian ex-presenter at RTLM George Ruggiu told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
Nahimana is a founder of defunct "hate-radio", Radio-Television libre des Mille Collines (RTLM). The prosecution holds that he was the director of the Radio. The defence says that Nahimana was among the founders and shareholders of RTLM but was never director of the radio.
"I was employed by Ferdinand Nahimana on December 31st, 1993", Ruggiu told the court. "He signed my letter of engagement as director of RTLM", he added.
Nahimana is being tried alongside two other suspects in what has been named the 'media trial'. The three are accused of having used the media to fuel the 1994
genocide. The two other accused are former editor of newspaper "Kangura", Hassan Ngeze and former director of political affairs at the Ministry of Foreign Affairs and member of the board at RTLM, Jean Bosco Barayagwiza. The three are charged with several counts of genocide, genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Ruggiu was a journalist at RTLM during the genocide. He was originally due to be tried with Nahimana, Barayagwiza and Ngeze. However, he was taken out of
the case after he pleaded guilty to inciting genocide and to persecution as a crime against humanity. The ICTR sentenced him to 12 years' imprisonment on June
1st, 2000.
Ruggiu testified that Nahimana had remained a driving force behind RTLM even after a person named Focus Habimana had taken over day to day management of the radio in January, 1994. "Nahimana handled our salary problems", said Ruggiu. Ruggiu also said that he and other journalists had on several occasions gone to consult Nahimana on editorial issues even after he had stepped down from the day to day management.
Ruggiu also testified that Barayagwiza had been one of the decision makers at the radio station. He said Barayagwiza, like Nahimana, had been a member of the
three-member management committee of RTLM.
Ruggiu testified that the editorial policy of RTLM was one "favourable to MRND (the then ruling party), anti-RPF (Tutsi-led rebel movement) and anti-Tutsi"
The ex-RTLM presenter further testified that RTLM had broadcast lists of Tutsis and Hutu opposition members denouncing them as RPF collaborators and calling for people to look out for them. "Most of these people were killed as a result of these broadcasts", said Ruggiu. Ruggiu continues his testimony on Thursday.
This trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH(ME-0227f)
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FEBRUARY 27th, 2002
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ICTR/MEDIA
CONVICTED ITALO-BELGIAN "HATE-RADIO" PRESENTER BEGINS TESTIMONY
Arusha, February 27th, 2002 (FH) - Italo-Belgian former RTLM radio presenter Georges Ruggiu, sentenced to twelve years' imprisonment for inciting the 1994 genocide, began testifying for the prosecution at the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
Ruggiu is testifying in the trial of three suspects who allegedly used the media to fuel the genocide in Rwanda. The so-called 'media' trial is composed of former director of the Rwandan national information office (ORINFOR), an organisation controlling the state radio, television and other state media outlets, Ferdinand Nahimana. Nahimana is alleged to have been a founder and one of the leaders of a "hate-radio", Radio-Television libre des Mille Collines (RTLM). The trial also includes former editor of newspaper "Kangura", Hassan Ngeze and former director of political affairs at the Ministry of Foreign Affairs and member of the board at RTLM, Jean Bosco Barayagwiza. The three are charged with several counts of genocide, genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Ruggiu was a journalist at RTLM during the genocide. He was originally due to be tried with Nahimana, Barayagwiza and Ngeze. However, he was taken out of the case after he pleaded guilty to inciting genocide and to persecution, as a crime against humanity. The ICTR sentenced him to 12 years' imprisonment on June 1st, 2000.
Obsevers say Ruggiu will mainly testify on one of the central issues in this case : whether or not Nahimana was director of RTLM. Nahimana's defence has denied the prosecutor's allegations that Nahimana was director of RTLM.
Ruggiu is the first ex-RTLM journalist to testify in this trial. Another former RTLM journalist, Valérie Bemeriki, is in detention in Rwanda on genocide charges. It is yet unclear whether she will testify in the media trial. Other RTLM journalists, including editor Gaspard Gahigi and presenters Noel Hitimana and Habimana Kantano, are thought to be dead.
This trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa
Gunawardana of Sri Lanka.
GG/JA/FH(ME-0227e)
FEBRUARY 21st, 2002
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ICTR/MEDIA
EX-MEDIA CHIEF AND GENOCIDE SUSPECT WASN'T RACIST, SAYS DEFENCE
Arusha, February, 21
st
, 2002 (FH) - Former director of the Rwandan national information office (ORINFOR), Ferdinand Nahimana never discriminated against ethinic Tutsis as alleged by a witness, defence counsel Diana Ellis of the UK argued before the International Criminal Tribunal for Rwanda (ICTR) on Thursday.
Witness 'X', testifying via video conference from the International Criminal Tribunal for the former Yugoslavia (ICTY) at The Hague in the Netherlands, has described how Nahimana dismissed a secretary for simply being Tutsi. He has also told the court of Nahimana dismissing a journalist, one Agnes Murebwayire, for the same reason. Murebwayire has testified in this trial.
'X', named as such to protect his identity, has refused to testify from the ICTR in Arusha citing security reasons. He has been described by the prosecution as an "insider" who knew whatever was taking place in the Rwandan political arena at the time of the 1994 genocide. Some one million people died in the genocide, according to an official Rwandan survey.
X is testifying in the so-called 'media trial'. This case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinand Nahimana, also a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Witness X testified on Monday that Nahimana had requested him to find him a secretary to replace his (Nahimana's) Tutsi secretary. Ellis asked witness X why Nahimana would have requested him to find him a secretary. "Did you run a personnel agency?", Ellis asked the witness. "We didn't have such agencies in Rwanda", responded X. He said that as a friend of Nahimana's, it was normal in "the Rwandan context" to help him find a worker. Ellis mantained that ORINFOR had its own personnel section charged with such duties.
Ellis also challenged X's testimony on Monday, that Nahimana had on several occasions made hate remarks against the Tutsi-led Rwandan Patriotic Front (RPF) rebel movement. She said the remarks could not be seen as racist, becuase the RPF had "a significant number of Hutus" in its ranks. "His (Nahimana's) references were never directed at people for being Tutsis," said Ellis; "he was discussing the RPF". X insisted that the RPF only had an insignificant minority of Hutus and was generally a symbol of Tutsis.
Ellis also contested several details in X's witness statement to prosecution investigators. The trial adjourned until Monday 25th February as Friday is a public holiday.
The Trial is being heard by Trial Chamber One of the ICTR, composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0221f)
FEBRUARY 20th, 2002
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ICTR/MEDIA
PROSECUTION WITNESS TESTIFYING TO SAVE HIS SKIN, SUGGESTS DEFENCE
Arusha, February, 20
th
, 2002 (FH) - Defence lawyer for genocide suspect Ferdinand Nahimana suggested on Wednesday that a high profile prosecution witness at the International Criminal Tribunal for Rwanda (ICTR) is a criminal testifying in exchange for not being pursued by the prosecution.
Witness 'X', named as such to protect his identity, is testifying via video conference from the International Criminal Tribunal for the former Yugoslavia (ICTY) at The Hague in the Netherlands. He has refused to testify from the ICTR in Arusha citing security reasons.
Witness 'X' is a former senior political figure in Rwanda. He has admitted that his name appears on Rwanda's 'Category One' list of the most wanted genocide suspects. Witness 'X' will, after his testimony, be granted a new identity and resettled in a new country under the ICTR witness protection programme.
X is testifying in the so-called 'media trial'. This case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinand Nahimana, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Witness 'X' conceded under cross-examination that he had, before accepting to testify at the ICTR, requested and received a written assurance from the ICTR Chief Prosecutor, Carla Del Ponte, that he was not being investigated by the ICTR.
"You were willing to say what the Office of the Prosecutor wanted you to say against other Rwandans to ensure that you were not accused of the crime of genocide", asked Co-counsel for Nahimana, Diana Ellis of the United Kingdom.
"I told them that I had heard of investigations being carried out about me", X told the court. "I requested to be informed if I was being investigated just for the sake of the credibility of my testimony", he said. "If you want me to testify, you must show me that you trust me. I didn't take any part in the genocide ", he added.
X also testified that he had been an informer for the ICTR prosecution since 1996. He admitted a defence suggestion that he had to date received some US $30,000 for his services to the Prosecutor.
"The fee of US $30,000 was the amount for which you are willing to betray those you had worked with. This was your 30 pieces of silver", suggested Ellis. X denied that money was the motive for his testimony.
X continues to answer questions from the defence. He started his testimony on Monday.
The Trial is being heard by Trial Chamber One of the ICTR, composed of Judges Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0220e)
FEBRUARY 18th, 2002
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ICTR / MEDIA
EX-RADIO BOSS PREPARED FALSE 'DEATH-LIST' TO INCITE KILLINGS, SAYS WITNESS
Arusha, February 18
th
, 2002 (FH) – Genocide suspect and former director of the Rwandan national information office (ORINFOR), Ferdinand Nahimana, was involved in preparing a false 'death-list' aimed at inciting violence against ethnic Tutsis during the run-up to the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
The witness dubbed 'X' to protect his identity is testifying via video conference from The Hague in the Netherlands. Witness X, a former Rwandan official living in exile, has refused to come to testify at the ICTR, citing security problems. He is the first witness at the ICTR to testify via video conference.
The ‘death list’ contained names of Hutus allegedly targeted for assassination by the Tutsi-led Rwandaise Patriotic Front (RPF) rebel movement. It was presented on national radio as having been acquired from rebel sources. Witness X, like several other prosecution witnesses before him, said that the list, including several prominent Hutus, sparked off violence against Tutsis in various parts of the country.
This case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinand Nahimana, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura". The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
"Two days before the document came out, a mutual friend of Nahimana's and I told me the document was to be published", witness X told the court. "Two days later, the document came out", he added.
Witness X testified that he was very sure the list had not been drawn up by the RPF, as, for example, the name of the RPF itself had been misspelled.
Witness X further told the court that individuals denounced as collaborators of the RPF in RTLM broadcasts were normally killed.
Witness X continues to testify before Trial Chamber One of the ICTR composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0218f)
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FEBRUARY 18th, 2002
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ICTR/MEDIA
MEDIA TRIAL RESUMES WITH VIDEO CONFERENCE TESTIMONY
Arusha, February, 18th, 2002 (FH) - The so-called media trial at the International Criminal Tribunal for Rwanda (ICTR) resumed on Monday with the testimony of a protected witness using a video conference link from the Netherlands.
Witness 'X', named as such to protect his identity, is the first witness at the ICTR to testify via video conference. He is testifying from the International Criminal Tribunal for the former Yugoslavia (ICTY) at The Hague in the Netherlands.
Trial Chamber One of the ICTR went into recess shortly after resuming, due to technical problems in receiving Witness 'X's voice. His answers were repeatedly cut short as he testified. Court resumed 30 minutes later with improved voice reception. Witness 'X', a former Rwandan official living in exile, has refused to come to testify at the ICTR, citing security problems.
The media trial concerns allegations against three people that they used the media in Rwanda to fuel the genocide in 1994. They are Ferdinand Nahimana, the former director of the Rwandan national information office (ORINFOR), controlling state media. Nahimana was also a founder of defunct Radio-Télévision Libre des Mille Collines (RTLM). The trial also includes the former editor of "Kangura" newspaper, Hassan Ngeze, and the former director of political affairs at the Ministry of Foreign Affairs and board member of RTLM, Jean Bosco Barayagwiza. The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity.
Witness 'X' testified that Nahimana had links with a powerful informal organisation in Rwanda at the time of the genocide called 'Akazu' (little house). He said that the group, composed of persons close to the then President Juvenal Habyarimana, had a lot of influence in the highest political circles in Rwanda.
Witness 'X' said that Nahimana's own appointment as director of ORINFOR had been influenced by Habyarimana's brother-in-law and member of Akazu, Protais Zigiranyirazo. Zigiranyirazo is currently detained at the ICTR awaiting trial on charges of genocide and crimes against humanity.
This trial is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (Presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JA/FH (ME-0218e)
FEBRUARY 14th, 2002
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ICTR/MEDIA
BARAYAGWIZA DECRIES "UNDUE FURTHERANCE" OF HIS DETENTION
Arusha, February 14th, 2002 (FH) - International Criminal Tribunal for Rwanda (ICTR) "Media" suspect Jean-Bosco Barayagwiza claims to have spent "almost six years in provisional detention" and that Prosecution is using "ceaseless delaying tactics" to prolong his genocide trial.
Barayagwiza has been boycotting the trial since it began on October 23rd, 2000, claiming that the Tribunal is manipulated by the current Kigali government. His press release, dated February 13th, comes as the Media Trial is due to reopen Monday with the thirty-ninth prosecution witness.
Barayagwiza is a former Rwandan politician and board member of Radio-Télévision Libre des Mille Collines (RTLM). He is on trial with two other people accused of having used media to fuel the 1994 genocide in Rwanda. They are alleged RTLM director Ferdinand Nahimana, and former "Kangura" newspaper editor Hassan Ngeze.
"Already more than 15 months elapsed since the Prosecutor attempt (sic) to establish evidence for her allegations against the three accused, " reads the statement. "The date on which she intends to exhaust her arguments remains unknown. (…) Will the defence be given such an extended period for the presentation of its evidence? It is not so sure."
Barayagwiza claims that defence has already suffered "irreparable prejudice with the excessive prolongation of my provisional detention".
The accused was arrested in Cameroon in 1996 and transferred to Arusha in 1997. In 1999, the ICTR Appeals Chamber ordered him released, on grounds that his rights had been grossly violated during provisional detention. However, the Appeals Chamber reversed its decision after the Prosecutor presented "new facts."
"The undue prolongation of the so-called Media Trial is the illustration of injustice in this Tribunal, which I resolutely denounce by continuing to boycott the parody of justice in process," says Barayagwiza.
He is represented by Italian counsel Giacomo Barletta Caldarera and Alfred Pognon of Benin. However, the lawyers were appointed by the court and Barayagwiza does not recognise them.
The case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
SW/JC/FH (ME-0214e)
NOVEMBER 6th, 2001
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ICTR / MEDIA
MEDIA CASE ADJOURNED TO FEBRUARY
Arusha, December 6th, 2001 (FH) The genocide trial of three accused linked to "hate media" was on Thursday adjourned before the International Criminal Tribunal for Rwanda (ICTR) after the testimony of the 36th prosecution witness. It is to resume on February 18th, after the judicial break and hearings of another case.
At one point on Thursday, witness Agnès Murebwayire stormed out of the courtroom, considering that she had been insulted. Defence had suggested she was lying. However, presiding judge Erik Mose asked the ICTR's witness
protection unit to reassure her, and she came back to finish her testimony.
This case groups three people linked to media which incited Hutus against Tutsis during the 1994 genocide in Rwanda. They are Ferdinand Nahimana, a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of newspaper "Kangura".
Murebwayire testified mainly against Nahimana. Nahimana's British co-counsel Diana Ellis suggested that the witness was not telling the truth. Ngeze's co-counsel René Martel complained that the witness was "insolent". "She is insulting the lawyers, she is in contempt of the Tribunal," he said. Prosecution maintained, however, that the defence should be sanctioned for its behaviour towards the witness.
In her testimony in chief, Murebwayire referred to Nahimana as "a wolf in sheep's clothing". The witness, a young Tutsi woman, worked for state-owned Radio Rwanda for 18 years before she was dismissed. She told the court that
Nahimana had her dismissed in January 1991.
Prosecution maintains that Nahimana discriminated against Tutsis at ORINFOR (Rwanda Information Office), of which Radio Rwanda is a part. He was head of ORINFOR from late 1990 to 1992.
The witness also claimed in her testimony that Nahimana attempted to have her assassinated. The defence raised many objections during Murebwayire's testimony.
This case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. However, only judges Mose and Gunawardana have been hearing proceedings this week, as Judge Pillay is away on official duties.
The court is also hearing the case of former Seventh Day Adeventist pastor Elizaphan Ntakirutimana and his son Gerald, a medical doctor. That case is due to resume on January 14th.
SW/JC/DO/FH (ME_1206f)
DECEMBER 6th, 2001
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ICTR/ MEDIA
RWANDA TRIBUNAL WITNESS WALKS OUT IN ANGER
Arusha, December 6th, 2001 (FH) A prosecution witness in the "Media trial" at the International Criminal Tribunal for Rwanda (ICTR) on Thursday walked out of court in anger, after complaining that she was being insulted. Agnès
Murebwayire, a former Radio Rwanda journalist, was under cross-examination by British lawyer Diana Ellis, who suggested that the witness was lying.
The witness, 36th in this case, has testified mainly against Ellis's client Ferdinand Nahimana, a founder and alleged former director of "hate radio" RTLM. Nahimana is on trial with two other people linked to media which incited Hutus against Tutsis before and during the 1994 genocide in Rwanda.
Ellis suggested that Murebwayire's testimony was not credible. The witness, visibly angry, accused the lawyer of "getting fat" at the expense of victims of the genocide. "Madame is getting paid on the backs of our dead," she fired at Ellis. "If Nahimana hadn't killed our people, she would not be there." Murebwayire then stormed out of the courtroom, threatening not to return.
Presiding judge Erik Mose of Norway called a senior official from the ICTR's Witness Protection Unit and asked him to take care of the witness who had, remarked the judge, "become emotional". He asked Witness Protection to take care of her and explain that "she has not at all been accused of being a liar, we are in the process of questioning her". However, Judge Mose said she should also be told that "she is in the middle of her testimony and the court expects her to fulfil her testimony. If she does not, it will not be looked on favourably".
Ellis said witnesses "are here to answer questions", and not to give "speeches". "If they are allowed to make speeches," she argued, "they get worked up into a hysteria". She said the defence believed that "some witnesses have come here to lie" and that they must be allowed to test their evidence. She said it was up to the judges to stop the questioning if
they considered it inappropriate.
Prosecutor Simone Monasebian called for Ellis to be sanctioned for her treatment of the witness. However, Ellis said the problem had arisen because prosecution kept interrupting cross-examination "inappropriately" and upsetting the witness by making comments "that should not be made in front of a witness".
Nahimana is on trial with former politician and RTLM board member Jean-Bosco Barayagwiza, and former "Kangura" newspaper editor Hassan Ngeze.
Ngeze's Canadian lawyer René Martel asked the court to throw out Murebwayire's testimony, saying that "the witness has been caught red-handed. She spoke angrily and theatrically."
Since the trial opened in October 2000, at least two previous prosecution witnesses have threatened to walk out during cross-questioning, but then changed their minds.
AT/JC/DOFH (ME_1206 E)
DECEMBER 3rd, 2001
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ICTR / MEDIA
DEFENCE CHALLENGES WITNESS MEMORY
Arusha, December 3rd, 2001 (FH) Defence in the genocide trial of three former media personalities on Friday challenged the memory of a prosecution witness, especially on whether the accused
Ferdinand Nahimana
was introduced as director of "hate radio" RTLM.
Belgian journalist Colette Braeckmann had earlier told the court that Nahimana was introduced as director of RTLM at a public debate in Kigali in March 1994. The defence position is that a certain Phocas Habimana, and not Nahimana, was the director.
But Nahimana's French lawyer Jean-Marie Biju Duval challenged Braeckmann's testimony, saying she seemed to have only a vague memory of the events. Under cross-questioning from Biju-Duval, Braeckmann admitted: "I am not 100 percent certain that he was introduced as the director of RTLM. But everyone knew he was. Either the moderator said it or someone else (…), everyone knew that he was speaking in that role."
Biju-Duval suggested that Nahimana could have been introduced as former director of state media body ORINFOR, as a university professor, as a future minister, or simply as a founder of RTLM.
Braeckmann replied: "I refuse to give you a categoric response. I think it's closer to the truth if I say I do not think so."
Biju-Duval also contested the words the witness had attributed to Nahimana, claiming they were in fact spoken by somebody else.
Braeckmann was in Kigali for a seminar on journalism ethics, which was preceded by the public debate. The witness said Nahimana spoke in favour of a politically active press in times of conflict, whereas she said she thought journalists should remain "neutral". She said Nahimana had defended "a free reign for freedom of opinion".
"Your memories are hazy," suggested Biju-Duval, "and you don't actually remember what he said." The lawyer stressed that "there is not more than one truth".
However, Braeckmann replied: "There is one truth. That is, that when he spoke everyone knew. There was no doubt either among the panel or the public. His official title is one thing. But the fact he was considered as the founder, the person in charge of RTLM was obvious."
"I don't mean he was speaking in the name of RTLM," she nevertheless conceded, saying that RTLM had been represented at the debate by editor in chief Gaspard Gahigi.
Braeckmann completed her testimony on Monday morning. A new witness, the 35th, is expected to begin testifying on Tuesday.
Nahimana is on trial with two other people linked to media that incited Hutus against Tutsis before and during the 1994 genocide. Some 800,000 Tutsis and moderate Hutus were killed between April 6th, when the former president's 'plane was shot down, and mid-July, when the pro-Tutsi RPF took power.
Nahimana's co-accused are former politician and RTLM board member Jean-Bosco Barayagwiza, and former Kangura newspaper editor Hassan Ngeze.
AT/JC/DO/FH (ME_1203E)
NOVEMBER 30th, 2001
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ICTR/MEDIA
NGEZE INTIMIDATED WITNESS, PROSECUTION SEEKS TO PROVE
Arusha, November 30th, 2001 (FH) A senior prison officer called by prosecution on Friday told the International Criminal Tribunal for Rwanda (ICTR) that detainee Hassan Ngeze had been sanctioned for sending an allegedly intimidating letter to genocide convict and fellow detainee Omar Serushago.
Serushago testified against Ngeze earlier this month, saying they had committed crimes together in the northwest Rwandan region of Gisenyi, that Ngeze had been a member of a death squad, and that he played a leading role in preparing the genocide of 1994. Serushago is a self-confessed informer for the Prosecution, who had a hand in Ngeze's arrest. He was sentenced to 15 years in prison after pleading guilty to genocide.
At the beginning of his testimony, on November 15th, Serushago told the court he had received a letter from Ngeze, threatening him against testifying. He said it had been brought to him last August 17th by a Tanzanian imam who conducted Moslem prayers in the United Nations Detention Facility (UNDF). Both Serushago and Ngeze are Moslem. The court admitted the letter into evidence, but only conditionally.
Prosecutors asked the Chamber to investigate the matter further by calling the imam and/or UNDF Deputy Commanding Officer Claude Bouchard of Canada, who had written a report on the incident. The imam declined to appear. However, Bouchard appeared in court on Friday morning.
Bouchard said he had been informed about the letter by another UNDF security officer, Joseph Jairo, who had been told by Serushago. Serushago said the letter had been delivered by the imam, who said it was from Ngeze. Bouchard told the court he had immediately summoned the imam, and that he had also called UNDF Commanding Officer Saidou Guindou of Mali.
"The imam told me that he had received this letter from Ngeze's hands," said Bouchard. "He said he thought it was a spiritual message to give to Serushago." The imam was immediately fired. Bouchard said sanctions were imposed on Ngeze, but were lifted after eight days on an order from the ICTR Registry.
Hearsay?
Ngeze's lawyer John Floyd sought to show that Bouchard's evidence was unreliable because based on "four or five levels of hearsay", and that the imam had only said what he said because he felt intimidated. The imam was interviewed by Guindo, in the presence of Bouchard, Jairo and Serushago.
"There were four of you in this interview and each one had a gun but the imam, right?" Floyd fired at the witness. "Actually, none of us had a gun," replied Bouchard, "and I think the imam was not that stressed."
"Did he know he was about to lose his job?" Floyd persisted. Bouchard maintained that the imam was not under duress, but later admitted: "I assume when you are found breaching the rules, and you are caught on the spot, that there must be a certain level of stress."
Floyd also suggested that Bouchard might be mistaken because he (a French Canadian) and the imam (a Swahili speaking Tanzanian) could only communicate in "broken English". Bouchard, who answered most of Floyd's questions in English, said that on the contrary the two could understand each other well. Floyd persisted nonetheless: "Isn't it possible that he
said this letter is FOR Hassan Ngeze and not FROM Ngeze?" Floyd asked, smiling broadly.
"Our children will meet"
Floyd argued that the letter's contents were not in any case of an intimidating nature. Serushago told the court it was, and read out extracts. One part reads:
“I am writing to you this letter to remind you that our life on this earth is very short. I have read your statement which you gave to the Prosecutor on July 9th and July 11th. I was especially shocked by the way you created false evidence against me and for this reason I have decided to prepare a long prayer for you." The letter also says that: "Even if you create false
evidence, it will not be long before it is realized that your false testimony will not have benefited you. Remember that even if we do not meet, our children will meet.”
Serushago also told the court the letter contained personal details and references that only Ngeze would know.
Ngeze is former editor of Kangura newspaper in Rwanda. He is on trial with two other people accused of using the media to incite Hutus against Tutsis, before and during the 1994 genocide. The other two are
Ferdinand Nahimana
, a founder and alleged former director of "hate radio" RTLM; and Jean-Bosco Barayagwiza, a former politician and RTLM board member. All three have pleaded not guilty to charges of genocide, incitement and crimes against humanity.
JC/DO/FH (ME_1130e)
NOVEMBER 29th, 2001
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ICTR/ MEDIA
MURDERED PREMIER WAS WORRIED BY "HATE RADIO", SAYS WITNESS
Arusha, November 29th, 2001 (FH) Former Rwandan Prime Minister Agathe Uwilingiyimana expressed worries about the effects of threats and ethnic hatred on RTLM radio before the 1994 genocide, a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Thursday.
Belgian journalist and central Africa specialist Colette Braeckmann told the court that while visiting Rwanda in 1993, Uwilingiyimana "took the initiative" of telling her about these concerns. The late former Prime Minister said that "Radio RTLM was waging a campaign of ethnic hatred. And that it had been issuing threats, notably against her (Uwilingiyimana)",
according to the witness.
Braeckmann has been a journalist with Belgian daily newspaper "Le Soir" since 1966. She is author of several books on Rwanda and the Great Lakes region.
Agathe Uwilingiyimana was assassinated by Rwandan soldiers on April 7th, 1994, at the start of the genocide that left some 800,000 Tutsis and moderate Hutus dead in less than three months. Also murdered were ten Belgian UN peacekeepers who were assigned to protect her.
Witness Braeckmann said she learned from Rwandans at the time that RTLM wasissuing bulletins denigrating the Belgian soldiers. Their killing prompted Belgium to withdraw from the UN peacekeeping force.
Braeckman was led in her testimony by prosecutor Stephen Rapp of the US. Her testimony was frequently interrupted by defence lawyers for the three accused, who argue that it is based mostly on hearsay
On Thursday morning, the court nevertheless decided to admit into evidence a report by Belgian news agency Belga produced by the witness, but of which she is not the author. The report is on a 1992 press conference in Brussels by the accused Nahimana who was at the time director of state-owned Radio Rwanda. Braeckmann had earlier told the court she was present at the press conference, and that Nahimana came under fire for Radio Rwanda's alleged role in massacres of Tutsis in Bugesera in March 1992.
Nahimana was a founder and alleged director of RTLM. He is on trial with former politician and RTLM board member Jean-Bosco Barayagwiza and former Kangura newspaper editor Hassan Ngeze. The prosecution says that RTLM and
Kangura incited Hutus against Tutsis before and during the genocide.
AT/JC/DO/FH (ME_1129E )
* NOVEMBER 28th, 2001
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ICTR/ MEDIA
BELGIAN WRITER STARTS CONTESTED TESTIMONY IN GENOCIDE MEDIA CASE
Arusha, November 28th, 2001 (FH) Belgian journalist and Central Africa specialist Colette Braeckmann on Wednesday began testifying for the International Criminal Tribunal for Rwanda (ICTR) prosecution in the genocide trial of three Rwandan media personalities, with their defence lawyers raising objections within minutes.
The row, as she started her testimony at the end of the day, surrounded the admission into evidence of a Belgian press agency (Belga) report of which she is not the author. The witness is a longstanding journalist and Africa expert for Belgian daily newspaper "Le Soir", author of several books on Rwanda and central Africa, and a renowned researcher on the region. Defence had already objected to this witness testimony earlier this month, saying that it was entirely based on hearsay and that they had not been provided with a proper witness statement. Prosecution is presenting her as a fact witness rather than an expert.
"From the first minute, we are falling into the realm of total hearsay," objected René Martel, Canadian co-counsel for the accused Hassan Ngeze. "At each moment we are hearing opinions rather than facts."
Ngeze is former editor of the newspaper Kangura. He is being jointly tried with two other people linked to media that incited Hutus against Tutsis, before and during the 1994 genocide. The co-accused are
Ferdinand Nahimana
, a founder and alleged former director of "hate radio" RTLM; and Jean-Bosco Barayagwiza, former leader of the radical Hutu CDR party, advisor to the interim government in Rwanda and board member of RTLM. Barayagwiza has been boycotting the trial since it started in October 2000.
Lawyers for all three accused argued that the Belga report, on a 1992 press conference by Nahimana in Brussels, should be thrown out, because Braeckmann was not the author and the author could have been called to testify directly. Martel accused the witness, in her work, of always using "the method of the ventriloquist". "It is never she who speaks, it is
others," he told the court.
Braeckmann had previously told the court that she was present at Nahimana's press conference on March 18th, 1992, and that she had "probably" written her own article which she could find "easily" if asked by prosecution. She said she had kept the Belga report because it seemed a particularly good and accurate account of what Nahimana said. She explained that he had been under fire for the alleged role of state-owned Radio Rwanda (of which he was then director) in fuelling massacres of Tutsis in the central Rwandan region of Bugesera.
Acting presiding judge Erik Mose of Norway said the court would announce its decision on Thursday morning when the trial resumes. Mose and Sri Lankan judge Asoka de Zoysa Guawardana are the only two judges sitting on the Bench this week, as presiding judge and ICTR President Navanathem Pillay of South Africa is in New York for a meeting of the UN General
Assembly. Already once this week, the two judges have disagreed on a decision, but nevertheless managed to reach a final compromise position.
Serushago testimony admitted
Braeckmann was preceded by the brief testimony of protected witness "AHB", who testified mainly against Barayagwiza. The previous witness, ICTR genocide convict Omar Serushago was on the stand for nearly two weeks. The court threw out a defence motion to have his testimony rejected on the grounds that it was full of contradictions and that he had been bought off by the Prosecutor.
Serushago is a self-confessed killer and informer for the Prosecution, who assisted in the arrest of several ICTR genocide suspects in West Africa and Kenya, including Ngeze. He testified mainly against Ngeze and Barayagwiza. Serushago was sentenced to 15 years in prison after pleading guilty to genocide before the ICTR.
Presiding judge in this case and Tribunal President Pillay told the UN on Monday she did not think this case would finish before the end of 2002. She said prosecution planned to close its case in May next year and that defence witnesses would then take the stand.
Judge Pillay said prosecution had originally tendered a list of 97 witnesses, but that after various status conferences this had been reduced to less than 50, including four experts. Braeckmann is the 34th witness in this trial.
Explaining the slowness of ICTR trials in general, Judge Pillay cited the complexity of procedures, the scattered location of witnesses, the interpreting of testimonies from the Rwandan language Kinyarwanda into ICTR official languages English and French, and the volume of documents that had to be translated into the two official languages.
JC/AT/DO/FH (ME_1128e)
NOVEMBER 27th, 2001
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ICTR/ MEDIA
DEFENCE WANTS SERUSHAGO'S TESTIMONY THROWN OUT
Arusha, November 27th, 2001 (FH) Defence lawyers on Tuesday asked the International Criminal Tribunal for Rwanda (ICTR) to throw out the testimony of genocide convict Omar Serushago in the so-called "Media trial", on grounds that it was "manufactured".
Serushago is a former militia leader sentenced to 15 years' in prison after pleading guilty to genocide before the ICTR. He is also a self-confessed informer for the ICTR Prosecutor.
The Media trial groups three suspects linked to "hate media" that fuelled the 1994 genocide in Rwanda: Hassan Ngeze, former editor of Kangura newspaper;
Ferdinand Nahimana
, alleged director of Radio-Television Libre des Mille Collines (RTLM); and Jean-Bosco Barayagwiza, a founder of the CDR party and board member of RTLM. Serushago testified mainly against Ngeze and Barayagwiza, but said all three accused were members of a "death squad".
In an oral motion to the court, Ngeze's American lawyer John Floyd said Serushago's evidence should be thrown out because it was "preposterous, replete with dishonesty" and because the witness had "contradicted himself at so many different levels and on so many different occasions".
Floyd suggested that Serushago was not credible because he was in the pay of the Prosecutor, had got only a 15 year sentence for genocide and had his family relocated with the support of the Tribunal. He said that if a collaborator testified in the US, his evidence had to be corroborated from an independent source.
Barayagwiza's co-counsel Alfred Pognon of Benin backed the call to have Serushago's testimony thrown out. He told the court that the witness was himself an actor in the crimes and had been set up to do whatever the Prosecutor wanted.
At the end of his testimony, Serushago asked the Tribunal to "organize my evacuation from Arusha as quickly as possible, for my security".
Mali, Benin and Swaziland have reached agreements with the ICTR to take Tribunal convicts. Mali is expected to be the first country to receive some.
The Media case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding but temporarily absent), Erik Mose of Norway (acting president) and Asoka de Zoysa Gunawardana of Sri Lanka. The judges are to deliberate on the motion.
AT/JC/DO/FH (ME_1127F )
NOVEMBER 27th, 2001
_________________________
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ICTR/MEDIA
COURT DENIES SUSPECT PERMISSION TO CROSS-EXAMINE WITNESS
Arusha, November 27th, 2001 (FH) The International Criminal Tribunal for Rwanda (ICTR) on Tuesday denied genocide suspect Hassan Ngeze's request to cross-examine a witness after his lawyers. The judges, however, permitted Ngeze to write down questions intended for the witness, and hand them over to the bench for possible consideration.
Ngeze is former editor of Kangura newspaper. He is on trial with two other suspects linked to "hate media" in Rwanda before and during the 1994 genocide. They are:
Ferdinand Nahimana
, alleged director of Radio-Television Libre des Mille Collines (RTLM); and Jean-Bosco Barayagwiza, a founder of the CDR party and board member of RTLM. The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity. They have pleaded not guilty.
The witness is genocide convict Omar Serushago, who has testified mainly against Ngeze and Barayagwiza. Barayagwiza is boycotting the trial.
"Ngeze will write the five questions on a piece of paper and hand it to the Bench," acting presiding judge Erik Mose of Norway ruled. "We may decide to use them if we consider them relevant and admissible."
The ruling was reached as a compromise between different opinions of the two judges currently sitting on the case. The third judge, ICTR President Navanethem Pillay of South Africa, is in New York for the UN general assembly.
This court (Trial Chamber One) is composed of judges Pillay, Mose and Asoka de Zoysa Gunawardana of Sri Lanka.
Judge Mose earlier found that Ngeze had not shown sufficient basis to put questions to the witness in addition to his counsel's cross-examination. In a dissenting opinion, Judge Gunawardana said that an accused had a fundamental right to defend himself, even if he had counsel.
Ngeze has previously been allowed to cross-examine some witnesses in addition to his counsel's cross-examination. He says he does not trust his assigned lawyers John Floyd of the US and René Martel of Canada, and has tried unsuccessfully to have them replaced.
The defence team for Nahimana on Monday objected to Ngeze putting questions to the witness. Co-counsel Diana Ellis of the UK argued that Ngeze's questions might prejudice her client. The prosecution too objected to Ngeze's request. Defence counsel for Barayagwiza Alfred Pognon of Benin supported Ngeze's request.
The trial continued Tuesday with judges putting questions to prosecution witness Serushago.
GG/JC/DO/FH (ME_1127e)
NOVEMBER 22nd, 2001
ICTR/MEDIA
WITNESS DENOUNCES DEFENCE INVESTIGATOR
Arusha, November, 22nd, 2001 (FH) Genocide convict Omar Serushago on Thursday denounced a defence investigator at the International Criminal Tribunal for Rwanda (ICTR) as having participated in the 1994 genocide in Rwanda. Serushago told the court on his sixth day of testimony that defence investigator for genocide suspect
Ferdinard Nahimana
was wanted by the ICTR Prosecutor.
"A man sitting behind me worked in the office of the president," Serushago said pointing at Aloys Ngendahimana in the public gallery. "In fact he is wanted by the Tribunal." The public gallery is separated from the courtroom by thick bullet-proof glass.
Defence counsel for Nahimana strongly objected, saying this was "a technique aimed at destabilising the defence". "My investigator has been accused," French lawyer Jean-Marie Biju Duval told the court. "This is a serious breach of his security." Biju Duval asked the court to sanction Serushago.
The court ordered the ICTR Registry to investigate Serushago's allegations and submit a report to the Chamber.
Ngendahimana was in July suspended by the Registry on suspicion of involvement in the genocide. He was said to be on the Rwandan government's list of top genocide suspects. However, he was reinstated after the Registry discovered that the suspect on the Category One list was a different person bearing the same name.
Presiding Judge Navanethem Pillay of South Africa said that the court would in no way be influenced by Serushago's allegations against Nahimana's investigator.
Nahimana is a founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM). He is on trial with two other people linked to media that incited Hutus to kill Tutsis before and during the 1994 genocide: Jean-Bosco-Barayagwiza, aformer politician and RTLM board member; and Hassan Ngeze, former editor of the newspaper Kangura.
Serushago, 40, plead guilty to genocide before the ICTR in 1999. He was sentenced to 15 years in prison. He was the leader of Interahamwe militia in the northwest Rwandan region of Gisenyi during the 1994 genocide. Interahamwe were a militia of the then ruling party.
The "Media trial" continued with cross-examination of Serushago by Nahimana's British co-counsel Diana Ellis.
The case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andrésia Vaz of Senegal.
GG/JC/PHD/FH (ME_1122e)
NOVEMBER 21st, 2001
ICTR/ MEDIA
BARAYAGWIZA'S LAWYER ACCUSES CONVICT OF FALSE TESTIMONY
Arusha, November 21st, 2001 (FH) A defence lawyer on Wednesday suggested that a convict testifying before the International Criminal Tribunal for Rwanda (ICTR) had given false testimony.
Lawyer Alfred Pognon of Benin sought to show that Omar Serushago, who is testifying in the so-called "Media trial", was not telling the truth. Serushago was sentenced to 15 years in prison in 1999, after pleading guilty to genocide before the ICTR.
Pognon is representing the accused Jean-Bosco Barayagwiza, a former Rwandan politician and board member of "hate radio" RTLM. Barayagwiza is on trial with two other people linked to media which incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. They are
Ferdinand Nahimana
, a founder and alleged former director of RTLM; and Hassan Ngeze, former editor of newspaper Kangura.
In his testimony, Serushago accused Barayagwiza and Ngeze of having conspired to plan the genocide, which left some 800,000 Tutsis and moderate Hutus dead.
"Not much to lose"
"It's very easy for you," Pognon told the witness Serushago. "Seeing as you have been given a relatively long sentence, you would not have much to lose by bearing false testimony."
Serushago retorted that "testifying demands courage", and that he was not the only ICTR convict who had decided to testify in this trial. Italo-Belgian former RTLM presenter Georges Ruggiu, sentenced to 12 years in prison after pleading guilty, is also on the prosecution witness list.
Pognon sought to show that Serushago only had a vague knowledge of Barayagwiza and his activities in Rwanda during the 1990s.
During cross-examination, Serushago conceded that a military officer he had mentioned as being a death squad ("escadron de la mort") member had in fact died three years before the period in question. "I admit that Colonel Rwendeye had died three years before the meetings that I said he attended," Serushago admitted. "I request the court to forgive me for this oversight".
Pognon suggested to Serushago that all his testimony on the death squad had simply been made up. The witness testified that there had been a clandestine organisation in Rwanda set up around 1990 to assassinate senior Tutsi personalities, and that Barayagwiza had been a member.
ICTR Rules provide that a court can, on its own initiative or at the request of one of the parties, order the Prosecutor to investigate suspected false testimony with a view to bringing charges. False testimony under oath can be sanctioned by a fine of up to $10,000 and/ or up to one year in prison.
Pognon did not bring a formal complaint against Serushago for false testimony, despite his allegations. In the past, lawyers have brought motions for false testimony, but these have been rejected by the judges.
Alleged intimidation
For his part, Serushago accused Hassan Ngeze of having sent him a letter warning him not to testify. Tribunal Rules say that any person seeking to influence or intimidate a witness can be declared in contempt of court and sentenced to a fine of $10,000 maximum, or up to six months in prison.
The court has decided to hear the person who allegedly brought to Serushago the letter from Ngeze. The accused denies that he wrote such a letter.
Serushago acted as informer for the ICTR Prosecutor prior to his own arrest. He contributed to the arrests of several Rwandan genocide suspects in West Africa and Kenya, including Ngeze.
Ngeze claims that ICTR investigators seized $20,000 from his home at the time of his arrest, and is demanding the money back. His counsel Floyd said he would raise this matter during the planned future testimony of one of the investigators who arrested his client in the Kenyan capital Nairobi in July 1997.
This case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
AT/JC/PHD/FH (ME_1121E)
*
NOVEMBER 20th, 2001
ICTR / MEDIA
GENOCIDE SUSPECT ASKS TO CROSS-QUESTION CONVICT
Arusha, November 20th, 2001 (FH) - Former Kangura newspaper editor and genocide suspect Hassan Ngeze on Tuesday asked judges of the International Criminal Tribunal for Rwanda (ICTR) for permission to cross-question a convict who is testifying against him.
Ngeze asked that he be able to put some 60 questions to Omar Serushago, who has been testifying against him since last Thursday. Serushago was sentenced to 15 years in prison in 1999, after pleading guilty to genocide before the ICTR.
Ngeze is on trial for genocide and crimes against humanity, along with two other people linked to media which incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. The Trial Chamber said it would examine his request after Serushago had been cross-examined by all the defence teams.
Serushago was on Tuesday cross-examined by Ngeze's American lawyer John Floyd. During the trial, Ngeze has several times asked, and sometimes been granted permission, to cross-question witnesses himself. He says he does not trust his ICTR-assigned lawyers.
Serushago accused Ngeze of having collaborated with him in massacres of Tutsis in the northwest Rwandan prefecture of Gisenyi. The witness, an ex-militia leader in Gisenyi, was convicted for 37 murders carried out by himself or his subordinates during the genocide.
Ngeze is on trial with Ferdinand Nahimana, a founder and alleged former director of "hate radio" RTLM; and Jean-Bosco Barayagwiza, an ex-politician and RTLM board member.
Serushago also told the court that Ngeze had collaborated with Barayagwiza to spread the extremist Hutu ideology that led to genocide.
In cross-examination, lawyer Floyd argued that there could not have been any link between Barayagwiza and Ngeze, as the first was a top civil servant and the second was a person with little education.
Witness Serushago answered: "Ngeze is not educated. But there is a kind of innate intelligence. (…) You know, there are countries that have generals but which are led by corporals."
AT/JC/PHD/FH (ME_1120E)
NOVEMBER 19th, 2001
______________________________________________
ICTR/ MEDIA
CONVICT DENIES FABRICATING EVIDENCE AGAINST AN ACCUSED
Arusha, November 19th, 2001 (FH) An International Criminal Tribunal for
Rwanda (ICTR) genocide convict on Monday denied having fabricated evidence
against former Kangura newspaper editor Hassan Ngeze, as suggested by
Ngeze's lawyer.
Omar Serushago maintained that he had collaborated with Ngeze in
committing crimes, despite not having mentioned Ngeze in key statements to
the ICTR prosecution.
Serushago is the 32nd prosecution witness in the so-called "Media
trial" of Ngeze and two other accused. He told the court he had
collaborated with Ngeze in the commission of crimes in Gisenyi, northwest
Rwanda, during the 1994 genocide.
The witness was a militia leader in Gisenyi during the genocide.
In 1999, the ICTR sentenced him to 15 years in prison after he pleaded
guilty to genocide. He was found guilty of 37 murders committed by himself
or his subordinates.
Ngeze's American lawyer John Floyd tried to discredit the
witness's testimony, saying that Serushago had not mentioned his client's
name either in a 1998 statement to ICTR investigators, or in his 1999 plea
agreement with the prosecution.
The convict said he had previously listed only members of the
Interahamwe militia and the CDR political party that he said had committed
crimes with him. Serushago said it had not been a question of listing every
person he collaborated with, and that Ngeze was nevertheless among them.
Serushago told the court that Ngeze was a CDR leader in Gisenyi and that he
collaborated with Interahamwe who spearheaded the massacres of Tutsis in 1994.
Floyd complained that the witness was not answering his questions
clearly, but was rather trying to advance his own cause.
Serushago was recruited as an informer for the ICTR Prosecutor
before himself being arrested. He contributed to the arrests of several
Rwandan genocide suspects in West Africa and in Kenya, including Ngeze.
Ngeze is on trial with
Ferdinand Nahimana
, a founder and alleged
former director of "hate radio" RTLM; and Jean-Bosco Barayagwiza, a former
advisor to the Rwandan foreign ministry and RTLM board member. Barayagwiza
has been boycotting the trial since it started in October 2000, claiming
that it will not be fair because the ICTR is manipulated by the current
pro-Tutsi government in Kigali.
The case is before the ICTR's Trial Chamber One, composed of
judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway
and Asoka de Zoysa Gunawardana of Sri Lanka.
AT/JC/DO/FH (ME_1119E)
NOVEMBER 16th, 2001
_
_____________________________________________
ICTR/ MEDIA
GENOCIDE SUSPECT KILLED TO ENCOURAGE OTHERS, SAYS CONVICT
Arusha, November 16th, 2001 (FH) Former Kangura newspaper editor and
genocide suspect Hassan Ngeze killed a Tutsi during the 1994 genocide to
encourage others, a genocide convict told the International Criminal
Tribunal for Rwanda (ICTR) on Friday.
According to Omar Serushago, Ngeze told militiamen in Gisenyi,
northwest Rwanda: "Why have you kept these Tutsis waiting? I'm going to set
you an example, to show you how these Inyenzi (pejorative term for Tutsis)
die".
Serushago, a former Gisenyi militia leader, said Ngeze shot his
victim in a Gisenyi cemetery, where Tutsis were killed and buried between
April and July 1994. "In that place known as the commune rouge, he (Ngeze)
incited Interahamwe (militia) and members of the CDR (hardline Hutu
political party) to kill," the convict told the court. "There were people
who cut up the bodies, who undressed the women and abused them before
killing them."
Serushago was sentenced to 15 years in prison in 1999, after
pleading guilty to genocide before the ICTR. He is testifying against Ngeze
and two other accused linked to media that incited Hutus to kill Tutsis
during the genocide. The other two are
Ferdinand Nahimana,
a founder and
alleged ex-director of RTLM radio; and Jean-Bosco Barayagwiza, who was a
policy advisor to the Rwandan foreign ministry and RTLM board member.
The witness told the court that Ngeze and Barayagwiza had also
distributed arms to militiamen in Gisenyi.
Serushago said Ngeze moved around town with a group of militiamen,
selecting and picking up Tutsis at roadblocks. He said Ngeze and a certain
Hassan Bagoyi then took the Tutsis to "Commune rouge", where they were killed.
Serushago is the 32nd prosecution witness in this trial.The case
is before Trial Chamber One of the ICTR, composed of judges Navanethem
Pillay (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of
Sri Lanka.
JC/AT/DO/FH (ME_1116e)
NOVEMBER 15th, 2001
ICTR/MEDIA
BARAYAGWIZA WAS DEATH SQUAD MEMBER, SAYS GENOCIDE CONVICT
Arusha, November 15th, 2001 (FH) Former Rwandan politician Jean-Bosco Barayagwiza was a member of a "death squad" set up to kill Tutsis, genocide convict Omar Serushago told the International Criminal Tribunal for Rwanda (ICTR) on Thursday.
Serushago is a former leader of the Interahamwe Hutu militia in Gisenyi, northwest Rwanda. He was sentenced to 15 years in prison in 1999, after pleading guilty to genocide before the ICTR.
Serushago is testifying against three people linked to media which incited Hutus to kill Tutsis during the genocide that took place between April and July 1994 in Rwanda. They are: founder and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM)
Ferdinand Nahimana
; former Kangura newspaper editor Hassan Ngeze; and Barayagwiza, who was a policy advisor to the Foreign Affairs Ministry and an RTLM board member.
As well as being leader of the hardline Hutu CDR political party, Serushago said Barayagwiza was also a member of a death squad set up to kill Tutsi intellectuals and richTutsis. He said the death squad was set up in 1990 (when the pro-Tutsi Rwandan Patriotic Front invaded Rwanda) and continued activities through to 1994. The witness claimed Barayagwiza was also close to the immediate circle of former president Juvénal Habyarimana and his wife, known as the "Akazu".
The witness said Barayagwiza was financing groups of young people and "everyone in the country knew these young people were killing Tutsis". He gave the names of two such young people, whom he described as taxi drivers, saying that he had often been with them in Gisenyi. Serushago also said he had a sister who worked for Barayagwiza's party in Kigali and who revealed certain CDR secrets to him.
The ICTR convict told the court he had attended many meetings of the death squad, but remembered two in particular, which were also attended by Barayagwiza, in late 1993 and early 1994.
He also said the accused had sent a fax in early 1994 calling on the youth wings of the CDR (Impuzamugambi) and of the former presidential party MRND (Interhamwe) in Gisenyi to hunt down and kill Tutsis. He said the fax was sent just after the death of CDR president Martin Bucyana, who was assassinated in February 1994. Barayagwiza was appointed CDR president after Bucyana's death, according to Serushago.
Still according to the witness, the fax said: "Now that the Inyenzi (Tutsis) have killed the president of the CDR, all Hutus are asked to be vigilant, to hunt out Tutsis wherever they are and wherever they are hiding. Even if they are in the churches, they must be pursued and killed."
"The reaction was immediate," Serushago told the court, meaning that killing of Tutsis began straight away.
Serushago also told the court that the accused Hassan Ngeze drove around Gisenyi town in his car, telling people that "the Tutsis are finished". The witness said Ngeze had mounted a megaphone on the car, a Toyota Hilux.
Serushago said Ngeze published lists of Tutsis to be killed in his Kangura newspaper. He told the court he had often seen Barayagwiza and Ngeze together in meetings of the CDR in Gisenyi in 1992 and 1993.
Ngeze was present in court. Barayagwiza has been boycotting the trial since it began in October 2000, saying that the ICTR is manipulated by the current pro-Tutsi government in Kigali.
JC/AT/DO/FH (ME_1215e)
NOVEMBER 15th, 2001
______________________________________________
ICTR/MEDIA
WE COMMITTED CRIMES TOGETHER, CONVICT SAYS OF ACCUSED
Arusha, November 15th, 2001 (FH) Genocide convict Omar Serushago told the International Criminal Tribunal for Rwanda (ICTR) on Thursday he had collaborated with an accused in the commission of crimes during the 1994 genocide.
"I participated in the arrest of Hassan Ngeze because we both participated in the crimes that were committed in the town of Gisenyi (northwest Rwanda)," Serushago told the court. Serushago was a militia leader in Gisenyi. He was sentenced to 15 years' imprisonment in 1999 after pleading guilty to genocide before the ICTR.
Serushago told the court he had known Ngeze since childhood, that they were "like brothers", and that their families were also close. Ngeze also comes from Gisenyi.
Ngeze, against whom the convict is testifying, was owner and editor of the Kangura newspaper in Rwanda. He is on trial with two other accused linked to media that incited Hutus to kill Tutsis during the genocide. They are: founder and alleged former director of RTLM radio
Ferdinand Nahimana
; and former politician and RTLM board member Jean-Bosco Barayagwiza. All three have pleaded not guilty to charges including genocide and crimes against humanity.
Serushago admitted he had been recruited as an informer by the ICTR Prosecutor and that he had helped with the 1997 arrests in Kenya of seven Rwandans, including former Rwandan Prime Minister Jean Kambanda and Ngeze.
The ex-militia leader claimed that, while in the United Nations Detention Facility (UNDF) in Arusha, he had received a letter from Ngeze, threatening him against testifying. Serushago also said that immediately after his arrest, Ngeze had warned him against admitting that there had been genocide in Rwanda.
"On my first day in detention, just when our cells were opened, Ngeze came to me and told me that 'our objective is the same: you should not accept that there has ever been genocide in Rwanda'," Serushago told the court. He is testifying in his native language Kinyarwanda.
Serushago was due to begin testifying on Wednesday, but did not do so because he was sick. The case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/DO/FH(ME_1115e)
*
NOVEMBER 14th, 2001
_
_____________________________________________
ICTR/MEDIA
DEFENCE OBJECTS TO BELGIAN JOURNALIST'S TESTIMONY
Arusha, November 14th, 2001 (FH) Defence teams in the genocide trial of three former Rwandan media personalities on Wednesday objected to the calling of a Belgian journalist to testify in the case before the International Criminal Tribunal for Rwanda (ICTR).
"The prosecutor has not provided a proper witness statement for Colette Braeckmann's testimony," said Rene Martel of Canada, co-counsel for the accused Hassan Ngeze. "Letting her testify would prejudice our case."
The court rejected the request to disallow the witness, saying that an interview of the witness done by a Belgian judge was sufficient to notify the defence of the witness's testimony.
Defence had also argued that Braeckmann's testimony was entirely based on hearsay and that calling her would be of little value and a waste of tribunal resources.
"That will be up to the Chamber to determine when the witness comes to testify," said presiding Judge Navanethem Pillay said. Judge Pillay also said that the defence would have the opportunity to test the witness's reliability.
The media trial groups three suspects linked to so-called "hate media" in Rwanda before and during the 1994 genocide of Tutsis in Rwanda. They are Ferdinand Nahimana, a founder of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco-Barayagwiza, former politician and RTLM board member; and Hassan Ngeze, former editor of the newspaper Kangura.
The case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/DO/FH (ME_0914e)
NOVEMBER 13th, 2001
______________________________________________
ICTR/ MEDIA
COURT ORDERS CLOSED HEARINGS FOR CONTESTED WITNESS
Arusha, November 13th, 2001 (FH) Judges of the International Criminal
Tribunal for Rwanda (ICTR) on Tuesday rejected a defence request to lift
identity protection for a prosecution witness in the so-called "Media
case", but also agreed that the witness could testify behind closed doors,
according to informed sources.
American lawyer John Floyd for the accused Hassan Ngeze had argued that the
witness, dubbed "ABH" to shield his identity, was a public figure in Rwanda
and that his protected status should be lifted. The court heard Floyd's
arguments in closed session.
Prosecutor Steven Rapp of the US had earlier told the court that ABH wished
to testify in closed session for security reasons or, failing that, to have
his voice scrambled. The court said in open session that it would prefer
voice scrambling to a closed session, and that closed-door sessions should
be the exception rather than the rule. However, it has subsequently ordered
that the testimony remain closed.
The trial groups three suspects linked to media that incited Hutus to kill
Tutsis during the 1994 genocide in Rwanda. They are:
Ferdinand Nahimana
,
founder member and alleged former director of Radio-Télévision Libre des
Mille Collines (RTLM); Jean-Bosco-Barayagwiza, former politician and RTLM
board member; and Ngeze, who was editor of the newspaper Kangura.
Witness ABH is testifying mainly against Ngeze, on the basis of a new
witness statement made last August. The court earlier rejected Floyd's
arguments that the witness should not be called at all, because prosecution
had changed its mind on the nature of the testimony and had not provided
defence with ABH's new statement in adequate time. The witness had made two
earlier statements, in 1996 and 2000, against RTLM.
ABH is the 31st prosecution witness in this case. After him, the next
witness is expected to be former militia leader Omar Serushago, who was
sentenced to 15 years in prison after pleading guilty to genocide before
the ICTR.
The trial has been running since October 23rd, 2000 before the ICTR's Trial
Chamber One, composed of judges Navanethem Pillay of South Africa
(presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri
Lanka. It resumed on Tuesday after a seven-week adjournment, during which
the court started the case against former Seventh Day Adventist pastor
Elizaphan Ntakirutimana and his doctor son Gerald. In the Ntakirutimanas'
trial, the Chamber managed to hear all 19 prosecution witnesses in 27 trial
days.
JC/DO/FH (ME_1213f)
NOVEMBER 13th, 2001
ICTR/MEDIA
"HATE MEDIA" TRIAL RESUMES WITH ROW OVER WITNESS
Arusha, November 13th, 2001 (FH) The trial of three genocide suspects linked to so-called "hate media" resumed Tuesday before the International Criminal Tribunal for Rwanda (ICTR) with a row over the next prosecution witness. "We believe this is a manufactured witness, manufactured by the OTP (Office of the Prosecutor)," argued American lawyer John Floyd for the accused Hassan Ngeze.
The trial groups three suspects linked to media that incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. They are:
Ferdinand Nahimana
, founder member and alleged former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco-Barayagwiza, former politician and RTLM board member; and Ngeze, who was editor of the newspaper Kangura.
Floyd argued that protected witness ABH should not be allowed to testify because prosecution had not only changed their minds over what evidence he would give, but had failed to provide defence with a new witness statement in sufficient time. Prosecutors Steven Rapp and Simone Monasebian, also of the US, told the court that ABH would testify against
Ngeze only, on the basis of a new statement made in August this year.
Two previous statements by the witness in 1996 and 2000 brought accusations against RTLM and its journalists, but did not mention Ngeze. Prosecutors say the witness will now testify on Ngeze's "activities regarding list-making of Tutsis and his involvement with militias in Gisenyi (northwest Rwanda) and Nyamirambo (Kigali)".
The court asked why prosecution had only taken a new witness statement in August when they had told the court in February of their intention to call ABH on the basis of "new information". Monasebian told the court this was because the witness had refused to board a 'plane to Arusha in February, citing security reasons (he had originally been due to
testify then), that prosecution had had difficulties contacting him afterwards and that the witness was at one point uncooperative because he was annoyed at the changes in scheduling.
Dissenting opinion
After deliberation, the court ruled against the defence motion, by a majority of two to one. "By a majority, we will allow witness ABH to be heard as a witness," said presiding judge Navanethem Pillay of South Africa, "but only in respect of his statement of 3rd August 2001."
Judge Pillay said the court accepted prosecution's explanations as to why the new witness statement was only taken, and provided to defence, in August. It found that defence had had notice as early as February 2001 of the nature of ABH's testimony, had not been caught by surprise and had not "suffered prejudice thereby".
The majority decision was by Judge Pillay and Judge Erik Mose of Norway. However, Judge Gunawardana of Sri Lanka said he regretted he could not back his colleagues' decision. He said the August statement "leads us in a
different direction" and that this should not be encouraged because the defence had a right to know in advance the nature of the witness's testimony.
Also, argued Judge Gunawardana, the witness was to "abandon evidence as in the two previous statements", concentrating only on the last one. He said this was an "unsatisfactory situation" and "prejudicial to the defence". "Further," continued the judge, "the statement was recorded after the witness was recorded as a witness", whereas ABH had been admitted on the
basis of his two previous statements. This was also prejudicial to the defence, he said. Under the circumstances, Judge Gunawardana said, he would not call the witness.
Conflict of interest and protection issues
Floyd then told the court that its decision had given him a serious problem. He said there were contradictions between the August statement and the two previous ones. "In cross-questioning, I can't stay away from the earlier statements," he told the court. "Since I can't stay away, Mr. Biju Duval and Ms Ellis (counsel for Nahimana) will object.
"A clear conflict of interest now exists between Mr. Nahimana and Mr. Ngeze," Floyd continued, "and I move that their cases be separated at this point."
The court said, however, that it refused to consider separation at this point. It said Floyd had the right to use any pertinent document for the purposes of cross-questioning, but that it could not anticipate responses from other lawyers. The issue would be dealt with as and when it arose, the Chamber decided.
Then ensued a heated debate about the witness's protected status. Prosecutor Rapp said that the witness was requesting hearings behind closed doors, because of his security concerns, or at least that his voice be
scrambled to avoid identification.
Floyd said, however, that the witness was a public figure, that he should not have been accorded protected status and that he only wanted his voice scrambled because "he doesn't want anyone to know he's coming in here
to tell a pack of lies".
The court finally agreed to a short closed session to discuss the issue of the witness's protected status.
Just before the court went behind closed doors, the accused Ngeze tried several times to speak, appealing to Judge Pillay in English. "Madame President, hear me," he said at one point, and then again: "It is today or never!" Judge Pillay told him to consult his counsel. Ngeze is in conflict with his assigned lawyers. However, he was earlier seen consulting Floyd during Tuesday's hearing.
JC/DO/FH (ME_1113e)
SEPTEMBER 17th 2001
ICTR/ MEDIA
MEDIA TRIAL ADJOURNED TO NOVEMBER 12th
Arusha, September 17th, 2001 (FH) The trial of three people accused of using the media to fuel the 1994 genocide in Rwanda has been suspended until November 12th before the International Criminal Tribunal for Rwanda (ICTR), to make way for a new case.
The Media trial groups Ferdinand Nahimana, a founder and alleged director of "hate radio" Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco Barayagwiza, a former politician and RTLM board member; and Hassan Ngeze, former editor of "Kangura" newspaper.
The case is before the ICTR's Trial Chamber One which on Tuesday begins the genocide trial of Seventh Day Adventist pastor Elizaphan Ntakirutimana and his son Gérard.
The Media trial began on October 23rd, 2000. One of the accused, Jean-Bosco Barayagwiza, has maintained a boycott of the courtroom, claiming that the ICTR is manipulated by the current regime in Kigali. Prosecution has so far called thirty witnesses in the case.
JC/PHD/FH (ME_0917e)
SEPTEMBER 14th 2001
ICTR/MEDIA
COURT ADMITS POSSIBILITY FOR WITNESS TO TESTIFY BY VIDEO LINK
Arusha, September 14th, 2001 (FH) The International Criminal Tribunal for Rwanda (ICTR) on Friday granted permission for prosecution to bring a new, key witness in the ongoing Media trial, and for that witness to testify by videoconference if he fears to come to Arusha. However, one of the three court judges rejected the Prosecutor's motion, arguing that there was no case to introduce a new witness nine months into the trial.
The so-called Media trial groups three suspects accused of using the media to incite the 1994 genocide in Rwanda. Facing genocide charges in the case are Ferdinand Nahimana, founder and alleged director of "hate radio" RTLM; Jean-Bosco Barayagwiza, a former politician and board member of RTLM; and Hassan Ngeze, former editor of newspaper "Kangura".
The new witness will be referred to as "Witness X", to protect his identity. Trial Chamber One ordered the ICTR Registry "to clarify whether Witness X is willing to testify in Arusha under stringent security measures, and to report to the Chamber forthwith. In the event of a negative response, the court said it "directs the Registry to make the necessary arrangements for Witness X to give his testimony by means of video-link conference in The Hague".
This would be the first time that a witness testified to the ICTR by videoconferencing. In 1997, former Interahamwe militia leader Georges Rutaganda asked that some of his witnesses in a refugee camp in ex-Zaire be allowed to testify by videoconferencing. However, the request was not granted.
A "key witness"
Prosecution said that Witness X had been "assisting the Prosecutor in its investigation and tracking of suspects for some time", had protective status in a host country and had recently reconsidered his previous unwillingness to testify, provided there was appropriate security. The Prosecutor said she had been aware of Witness X for some time but had only "formed the intention to use him as a witness in this case, in June-August 2001".
She argued that Witness X is "a key witness whose testimony will be equivalent of six witnesses and thereby result in the Prosecution dispensing with six witnesses". It appears that this witness's testimony will be particularly crucial against Nahimana. Prosecution said Witness X would: "rebut points raised in the Defence's pre-trial brief such as Nahimana's involvement with the CDR (hardline Hutu political party), the relationship between Radio Rwanda and RTLM, the accused's involvement in false 'communiqué', his being head of RTLM, his participation with the Interahamwe and his attitude towards Tutsis and the CDR relations with MRND (former presidential party)."
Defence for the accused argued, however, that the prosecution's attempt to bring a new witness at this stage, and after the final list of witnesses had been determined by the court, was "a wilful violation of the Accused's right to a fair and expeditious trial", that the Prosecutor had been aware of this witness "long before" the start of trial and that she had failed to meet her disclosure obligations. The defence further argued that "the element of surprise resulting from the late disclosure will cause serious prejudice to the defence in the preparation of their case".
However, the court found by a majority of two to one that there was "good cause", as required by Tribunal Rules, for allowing the late introduction of this witness, and that this would be in the interests of justice. It found that this would not cause undue prejudice to the defence, and quoted counsel for Nahimana as having admitted that: "Witness X is not a witness who we can argue, is talking about matters that take us by surprise".
Trial Chamber One is composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
In a separate and dissenting opinion, Judge Gunawardana found that there was no "good cause" to allow the late introduction of this witness, and said he could not agree with the decision of the other judges. Gunawardana says, among other things, that there is no indication that the witness was previously unwilling to testify, and that: "It appears that the decision by the Prosecution to include Witness X as a witness in this trial was taken only recently, not because of any reluctance on the part of the witness, but because of the present state of the Prosecution's case."
(ME_0914E)
SEPTEMBER 12th 2001
ICTR/MEDIA
GENOCIDE SUSPECT WAS ON GOOD TERMS WITH TUTSIS, SAYS WITNESS
Arusha, September 12th, 2001 (FH) - A turnabout prosecution witness in the so-called Media trial told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that Hutu genocide suspect Hassan Ngeze had been "on good terms with Tutsis" before, during and after the 1994 genocide.
The protected witness, only identified as "DM", seemingly took prosecution by surprise when, on reaching the dock, he refuted all allegations of wrongdoing by Ngeze.
Ngeze is former owner and editor of the "Kangura" newspaper. He is on trial with two other suspects linked to "hate media" that incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. The other accused are Ferdinand Nahimana, a founder and alleged director of Radio-Télévision Libre des Mille Collines (RTLM); and Jean-Bosco Barayagwiza, a former politician and RTLM board member.
DM told the court that at the peak of the 1994 genocide in Rwanda, Ngeze had told him and other people in the northwest Rwanda town of Gisenyi not to kill innocent people simply because they were Tutsi.
The witness earlier told the court he was a Tutsi who had worked as a driver in Ngeze's hometown of Gisenyi during the genocide, and before that as a vendor of Ngeze's newspaper "Kangura". DM said had been tried and acquitted of genocide in Rwanda, after being arrested on December 6th, 1996.
In his re-examination, prosecutor Alphonse Van of Côte d'Ivoire asked the witness questions suggesting that his testimony had many flaws and that he was a liar.
After re-examination, Ngeze's co-counsel René Martel of Canada objected to additional questions put to the witness by Judge Erik Mose of Norway, saying that the judge appeared to be taking up the prosecutor's role and that this was against Tribunal Rules.
"His Honour Judge Mose is playing the role of accuser here," objected Martel. "I don't think that any judge can start the examination all over again."
Presiding Judge Navanethem Pillay of South Africa dismissed the objection saying that judges had that right to put questions to witnesses.
Meanwhile, Ngeze warned the court that he would be in a dilemma when it came to his time to testify, as he didn't want to be questioned by his current lawyers, John Floyd of the US (lead counsel) and Martel of Canada.
The accused told the court that he had 200 pages of testimony and would require 20 days to complete it. But, he said: " I don't want to be questioned by counsels Martel and Floyd because I don't trust them."
Judge Pillay said the Chamber would deal with that issue when the prosecution had finished its case.
In April, Ngeze said he would renounce his indigent status to get the lawyers of his choice, after the court rejected his motion to have his current, ICTR-assigned team replaced. The court said Ngeze could go ahead and bring other lawyers, but he has so far failed to produce the lawyers he said he wanted.
Ngeze also apologized for a period in July when he boycotted trial to protest against his defence team. " I do respect the court," he said, adding that his absence was due to "problems I have with my counsel".
Ngeze further thanked the judges for allowing him to take part in cross-examination of witnesses. Ngeze has been granted permission to ask questions to three witnesses in addition to those asked by his lawyers.
"This is a matter of life," Ngeze told the court. "I want to be heard. I don't want to regret later."
He complained, however, about the fact that he had had no investigator for nine months. Judge Pillay told him that this was not an absolute right. "What we can do for you is just to inquire why no investigator has been assigned," she said.
The sacking of Ngeze's defence investigators is one of the reasons for his dispute with Floyd and Martel.
This trial is being heard by Trial Chamber One of the ICTR, composed of judges Pillay , Mose and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/PHD/FH (ME_0912E)
SEPTEMBER 11th 2001
ICTR/MEDIA
PROSECUTION WITNESS SAYS OTHERS BEFORE HIM HAVE LIED
Arusha, September 11th, 2001 (FH) A prosecution witness at the International Criminal Tribunal for Rwanda (ICTR) on Tuesday denied that genocide suspect Hassan Ngeze had participated in the 1994 genocide, and claimed that several previous prosecution witnesses had lied.
der and alleged director of Radio-Télévision Libre des Mille Collines (RTLM); and Jean-Bosco Barayagwiza, a former politician and RTLM board member.
Witness DM wrote down for the court what he said were the names of three other witnesses that have testified against Ngeze at the ICTR. "They too came back to Gisenyi bragging about making false testimony," said DM.
DM also told the court that Ngeze "did not kill anybody or arrest anybody" during the genocide. Asked by Martel whether he knew of any Tutsi saved by Ngeze during the genocide, DM said that he knew of twelve or thirteen. "Yes, and even now, amongst those people that he saved, there are some who are still alive," he added.
DM also refuted several factual allegations by previous prosecution witnesses implicating Ngeze in murders during the genocide. DM was examined by prosecutor Alphonse Van of Ivory Coast.
DM continues his testimony before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH (ME_0911e)
SEPTEMBER 10th, 2001
ICTR/ MEDIA
NGEZE CROSS-QUESTION WITNESS IN MEDIA TRIAL
Arusha, September 10th, 2001 (FH) - Former editor of "Kangura" newspaper Hassan Ngeze on Monday cross-questioned a prosecution witness in his genocide trial before the International Criminal Tribunal for Rwanda (ICTR). The court allowed Ngeze to put questions to the witness after he said he had not spoken to his lawyers since March.
Ngeze is on trial with two other suspects accused of using the media to fuel the 1994 genocide in Rwanda. His co-accused are Ferdinand Nahimana, a founder of the Radio-T‚l‚vision Libre des Mille Collines (RTLM) radio and Jean-Bosco Barayagwiza, a former politician and RTLM board member.
Ngeze's Canadian co-counsel Ren‚ Martel told the court that he had been to the United Nations Detention Facility (UNDF) last Friday but that his client refused to meet him. The accused's defence lawyers say that this has been happening for the past few months.
Dressed in grey and yellow flowing robes and a red fez, Ngeze adressed questions to the witness in English. This is the second time he has been allowed to conduct cross-questioning after his lawyers.
Ngeze suggested that the twenty-ninth prosecution witness, dubbed "AHI" to protect his identity, was testifying so as to get his death sentence commuted. AHI has been condemned to death for genocide by a Rwandan court, despite pleading guilty. He has appealed his sentence.
Ngeze wanted to know what lessons the witness had learned from the events of 1994, to which AHI replied that he had asked God for forgiveness. AHI further said he had come to tell the truth, and that he had been called to the witness stand by the ICTR Prosecutor.
Court transcripts in hand, Ngeze challenged the witness on some of his statements during his earlier testimony in chief. When the witness failed to confirm them, Ngeze remarked that the court would evaluate his contradictions, and that the transcripts were the authoritative version.
AHI had earlier accused Ngeze of directing attacks against Tutsis in the northwest Rwandan town of Gisenyi and of helping to distribute arms. Ngeze suggested that there had been many other Hassans in the town and that AHI was confused. However, the witness maintained that he knew Ngeze well.
After Ngeze's cross-questioning, presiding judge Navanethem Pillay of South Africa asked why he had not given his questions to his defence lawyers. "I do not trust them, I do not work with them, " he replied.
However, Judge Pillay told him that he would have to work with them, as he would only be allowed to question witnesses under exceptional circumstances. Ngeze tried to reply but was silenced by the court.
Ngeze is represented by John Floyd of the US and Ren‚ Martel of Canada. However, after the court rejected a motion to have them replaced, he asked that he be allowed to renounce his indigent status and pay for lawyers of his choice. He seems to have been unable so far to bring the lawyers he says he wants.
AT/JC/PHD(FH (me_0910E)
SEPTEMBER 6th 2001
ICTR/MEDIA
DEATH ROW WITNESS ORDERED TO PRODUCE NOTEBOOK
Arusha, September 6th, 2001 (FH) - A death row inmate testifying for the
prosecution in the so-called Media trial at the International Criminal
Tribunal for Rwanda (ICTR) was on Thursday ordered to produce a notebook
containing crimes committed in his home area and names of suspects who
allegedly committed the crimes. The witness told the court that he wrote
the notebook as he was being informed of charges against him by the public
prosecutor in Rwanda in October 2000.
Witness AHI, named as such to protect his identity, pleaded guilty to
genocide in Rwanda and was sentenced to death. He is jailed in the
northwest Rwandan province of Gisenyi.
AHI is testifying in the so-called Media trial that groups three suspects
linked to so-called "hate media" in Rwanda before and during the 1994
genocide of Tutsis in Rwanda. They are
Ferdinand Nahimana
, founder member
and alleged former director of Radio-Télévision Libre des Mille Collines
(RTLM); Jean-Bosco-Barayagwiza, former politician and RTLM board member;
and Hassan Ngeze, former editor of the newspaper Kangura.
Defence lawyers on Tuesday raised the possibility that the witness was
reading from a text, but the court checked and found that this was not the
case. However, he on Thursday mentioned the notebook, leading Ngeze's US
lawyer John Floyd to demand its production. Floyd said it was clear that
the witness had been coached, and that he was testifying like a politician
giving a speech. Floyd demanded that the witness produce the notebook.
The court authorized the parties to inspect the book. Presiding Judge
Navanethem Pillay of South Africa said the Chamber would "consider
relevancy before allowing cross-examination on the notebook".
Meanwhile, Ngeze was granted his request to put his own questions to the
witness, after cross-examination by his lawyers. He is expected to do this
when the trial resumes on Monday.
Ngeze has been asking since April to have his Tribunal-paid lawyers
dismissed. He has been allowed to cross-examine a witness in this trial
before.
The case is before Trial Chamber One of the ICTR, composed of judges
Pillay, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH (ME_0906e)
* SEPTEMBER 6th, 2001
ICTR/MEDIA
RWANDA TRIBUNAL TO START SECOND NEW TRIAL
Arusha, September 6th 2001 (FH) - A new genocide trial started on September
3rd before the International Criminal Tribunal for Rwanda (ICTR), while
another new case is set to begin on September 17th, according to the
Tribunal.
The trial of Jean de Dieu Kamuhanda, former Minister of Higher Education in
the 1994 Rwandan interim government, was restarted from scratch on
September 3rd before a recomposed Trial Chamber Two of the ICTR. The court
has two new judges, following the death of its former presiding judge Laity
Kama in May, and the departure of another judge for the Appeals Court in
The Hague.
On September 17th, Trial Chamber One will start the "Kibuye case". This is
a joint trial of Elizaphan Ntakirutimana, former Pastor of the Seventh Day
Adventist Church in Kibuye, western Rwanda, and his son Gerard
Ntakirutimana, a former medical doctor in Kibuye.
The two are jointly charged with genocide and crimes against humanity. Also
indicted in this case is Charles Sikuwabo, who is still on the run.
The Kamuhanda and Kibuye trials will proceed alongside five other cases
already in progress before the ICTR's three courts. The five cases are the
Media trial (Chamber One), Cyangugu, Semanza (both Trial Chamber Three),
Kajelijeli and Butare trials (Trial Chamber Two).
Trial Chamber One
The so-called Media trial resumed on August 20th before Trial Chamber One,
composed of judges Navanethem Pillay of South Africa (presiding), Eric Mose
of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Judge Gunawardana
will also go to boost the ICTR and ICTY Appeals Court in The Hague, but
will remain on the bench in Arusha for this trial only.
The Media case groups three suspects accused of having used the media to
incite killings during the 1994 genocide in Rwanda. They are: Ferdinand
Nahimana, a founder of RTLM radio; Jean-Bosco Barayagwiza, a former
politician and board member of RTLM; and Hassan Ngeze, former editor of the
"Kangura" newspaper.
Their trial will be suspended again for the start of the Kibuye case. For
the new trial, Judge Mose will preside, while new judge Andrésia Vaz is to
replace Judge Gunawardana.
Trial Chamber Two
Kamuhanda's case, currently in progress before Trial Chamber Two, will be
suspended for resumption of the Kajelijeli trial on October 1st.
Juvénal Kajelijeli is a former mayor of Mukingo, northwest Rwanda. His
trial was restarted on July 25th this year. After resuming on October 1st,
this case is scheduled to adjourn on October 5th and resume on November
26th. Eight out of an expected 15 prosecution witnesses have so far
testified.
The joint trial of six political leaders and prominent persons charged with
genocide and crimes against humanity in Butare, southern Rwanda, will
resume on October 22nd before Trial Chamber Two.
The Butare trial groups former Minister for Family and Women's Affairs
Pauline Nyiramasuhuko and her son Arsène Shalom Ntahobali, former Butare
prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of
Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
Trial Chamber Two is now composed of Judges William Hussein Sekule of
Tanzania (presiding), Arlette Ramaroson of Madagascar and Winston Churchill
Matanzima Maqutu of Lesotho.
Trial Chamber Three
The so-called Cyangugu trial is set to resume on September 10th before
Trial Chamber Three, composed of judges Lloyd George Williams presiding (St
Kitts and Nevis), Yakov Ostrovsky (Russia) and Pavel Dolenc (Slovenia).
This case groups three former leaders from Cyangugu, southwest Rwanda:
former prefect Emmanuel Bagambiki, former Transport Minister André
Ntagerura and military leader Samuel Imanishimwe.
The Cyangugu trial is alternating with that of former mayor of Bicumbi
(central Rwanda) Laurent Semanza. Semanza's trial is set to resume on
October 1st, when the defence is expected to begin its case. It will run up
to October 9th when it will be adjourned before resuming on October 22nd.
A defence motion is meanwhile due to be heard on Friday, September 7th,
seeking an extension of time for document disclosure in Semanza's case.
SW/JC/FH (ICTR_0905e)
* SEPTEMBER 6th 2001
ICTR/ MEDIA
LAWYER SUGGESTS DEATH ROW WITNESS TESTIFYING FOR HIS LIFE
Arusha, September 6th, 2001 (FH) - A defence lawyer in the International Criminal Tribunal for Rwanda's so-called Media trial on Thursday suggested that a death row prosecution witness was testifying in exchange for his life.
"You are really just a dead man walking," US lawyer John Floyd remarked to witness AHI in cross-examination. The witness is detained in Rwanda, after pleading guilty to genocide and being sentenced to death. He has appealed the sentence.
Presiding judge Navanathem Pillay told Floyd he was "not in the streets of Detroit here" and told him to phrase a pertinent question. Floyd wanted to know if AHI believed he was going to die as a result of his death sentence.
The witness replied that he had been convicted on the basis of accusations against him and that he believed in God, so he was not unduly saddened.
"You know you're not gonna die," Floyd challenged the witness, "because you know you've cut a deal to come and testify here in exchange for saving your life."
This trial groups three genocide suspects accused of using the media to fuel the 1994 genocide in Rwanda. They are:
Ferdinand Nahimana
, a founder of RTLM radio; Jean-Bosco Barayagwiza, a former politician and board member of RTLM; and Hassan Ngeze, former editor of the "Kangura" newspaper. Floyd is representing Ngeze against his will.
In his testimony in chief, AHI said he had been a member of the Impuzamigambi (a militia of hardline Hutu party CDR) in Gisenyi, northwest Rwanda, during the 1994 genocide. He said he had also worked for Ngeze as a newspaper vendor.
AHI testified mainly against Ngeze, saying the accused had wielded power in Gisenyi, sown disunity between Hutus and Tutsis and personally participated in the murder of a Tutsi man, Modeste Tabaro. "Those with whom I committed the crimes," AHI told the court, "were Hassan Ngeze, Anatole Nsengiyumva (former military commander of Gisenyi region, detained at the ICTR), Jean-Bosco Barayagwiza" and others.
Debate on self-incrimination
Pursuing his cross-examination, Floyd asked AHI how many people he had actually killed. This prompted Judge Pillay to intervene, inviting the Prosecutor to point to ICTR Rules on self-incrimination.
Prosecutor Stephen Rapp pointed to Rule 90e, which states that: "A witness may refuse to make any statement which may tend to incriminate him. The Chamber may, however, compel the witness to answer the question. Testimony compelled in this way shall not be used as evidence in a subsequent prosecution against the witness for any offence other than perjury."
"We should not be involved in the process of compelling him (the witness) to incriminate himself and affecting his appeal," argued Rapp. He said the Rule allowed this only if the ICTR could provide immunity and that "the Tribunal is powerless to immunize him in Rwanda".
Rapp said that the content of AHI's confessions should become clearer once prosecution had obtained documents from the Rwandan government, which, he said, "we have asked for today". Earlier this week, the court ordered the prosecution to produce criminal records of detainee witnesses that have testified or intend to testify. These include defence plea agreements, dates of any convictions and sentencing of detainee witnesses.
Floyd stressed that AHI had confessed to genocide, meaning that he had not been tried, and that people who confess normally got lighter sentences. AHI, however, had been sentenced to death, he said. Ngeze's lawyer contended that the witness must be a "mass murderer" and that "the court should take that into consideration when evaluating him".
JC/FH (ME_0906e)
SEPTEMBER 4th 2001
ICTR/MEDIA
DEATH ROW INMATE TESTIFIES AT RWANDA TRIBUNAL
Arusha, September 4th, 2001 (FH) - A genocide convict on death row in Rwanda on Tuesday testified for the prosecution in the so-called Media trial before the International Criminal Tribunal for Rwanda (ICTR).
The Media trial groups three suspects linked to the so-called "hate media" in Rwanda before and during the 1994 genocide of Tutsis in Rwanda. They are:
Ferdinand Nahimana
, former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco-Barayagwiza, former politician and RTLM board member; and Hassan Ngeze, former editor of the newspaper Kangura.
Witness AHI, named as such to protect his identity, told the court that he had been a member of the Impuzamigambi (a militia of extremist Hutu party CDR) during the 1994 genocide. He said he had also worked for Ngeze as a newspaper vendor.
AHI told the court that Ngeze had been a "powerful and intelligent member of society who sowed disunity among the Tutsis and Hutus". The witness described Ngeze as having been "like a president of Gisenyi", the northwest Rwandan province from which he hails.
AHI also said that Ngeze had personally participated in the murder of one Modeste Tabaro, a Tutsi man. He said he (the witness) had heard several gunshots that night, after which he walked towards Ngeze's house to find out what had happened. AHI said Tabaro had been shot and was lying down in the street when Ngeze put a gun to his chest and finished him off.
AHI further told the court that during the genocide, Ngeze had given him (AHI) and other militiamen guns to use in searching for and killing Tutsis.
The witness also said that Ngeze had supervised and participated in the manning of roadblocks around Gisenyi province to identify and kill Tutsis.
"What I'm telling you," AHI told the court, "is what I saw with my own eyes or participated in."
Witness AHI is due to continue his testimony on Wednesday. The prosecution in this trial is represented by Steven Rapp and Simone Monasabien of the US, Alphonse Van of Ivory Coast and Charity Kagwe of Kenya.
The case is before Trial Chamber One of the ICTR, composed of judges Navanethem Pillay of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH(ME_0904f)
* SEPTEMBER 4th, 2001
ICTR / MEDIA
COURT ORDERS PRODUCTION OF DETAINEE WITNESS RECORDS
Arusha, September 4th, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Tuesday ordered the prosecution to produce criminal records of detainee witnesses that have testified or intend to testify in the so-called Media Trial.
This trial groups three suspects linked to the so-called "hate media" in Rwanda before and during the 1994 genocide of Tutsis in Rwanda. They are:
Ferdinand Nahimana,
former director of Radio-Télévision Libre des Mille Collines (RTLM); Jean-Bosco-Barayagwiza, former politician and RTLM board member; and Hassan Ngeze, former editor of the newspaper Kangura.
Presiding Judge Navanethem Pillay requested prosecution to disclose to defence plea agreements, dates of any convictions and sentencing of custodial witnesses.
The ruling follows a defence request on Monday that the prosecution disclose confession statements made by detainee witness 'LAG' to the Rwandan judiciary. Witness LAG, named as such to protect his identity, is serving an 11-year jail term in Rwanda where he pleaded guilty to genocide in 1999.
Prosecutor Charity Kagwe of Kenya had said the prosecution did not possess the statements and was not obliged to locate them.
LAG testified mainly against the accused Ngeze. The witness told the court that in 1994, after the burial of assassinated former president of CDR (a Hutu extremist party) Martin Bucyana, Ngeze had warned that: " Now our president has just died, but if Habyarimana were to die, we would not tolerate the Tutsis anymore." The subsequent death of former president Juvénal Habyarimana in a plane crash on April 6th, 1994, sparked the genocide.
LAG said Ngeze made the remarks amidst an angry crowd of CDR militia mourners at the Bucyana's home.
LAG, a former militiaman and member of PL-Power (a Hutu-extremist wing of PL party) told the court that after Ngeze's remarks and several other meetings made by extremist Hutu political leaders, he (LAG) and other militiamen went to seek and kill Tutsis.
Ngeze's defence counsel John Floyd of the US suggested that the person LAG had identified as Ngeze during Bucyana's funeral could in fact have been one of Ngeze's brothers. However, the witness told the court he knew Ngeze well enough not to make such a mistake.
Witness LAG completed his testimony on Tuesday. The court went on to hear the 29th prosecution witness, dubbed AHI to protect his identity. AHI, 40, is a genocide convict on death row in Rwanda. He is a former member of Impuzamigambi (a militia of the CDR party).
This case is before Trial Chamber One of the ICTR, composed of judges Pillay, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/PHD/FH (ME_0905e)
AUGUST 23rd, 2001
_______________________________________________________________
ICTR/MEDIA
WITNESS CLAIMS NAHIMANA'S WRITING WAS 'EXTREMIST'
Arusha, August 23rd 2001 (FH) - A prosecution witness at the International Criminal Tribunal for Rwanda (ICTR) .on Thursday accused genocide suspect Ferdinand Nahimana of advocating regionalism and extremism in his writings.
The 27th prosecution witness, a 65 year-old Rwandan known as "BU" to protect his identity, was responding to questions from the defence on the fourth day of his testimony in the so-called Media Trial.
This case groups three suspects accused of having used the media to incite killings of Tutsis and moderate Hutus during the 1994 genocide in Rwanda. They are: former director of Radio-Télévision Libre des Mille Collines (RTLM)
Ferdinand Nahimana
; former editor of "Kangura" newspaper Hassan Ngeze; and former politician and RTLM board member Jean-Bosco Barayagwiza.
BU told the court that in a thesis written by Nahimana in 1986, he emerged as "regionalist, ethnist and exclusivist". But Nahimana's French defence counsel Jean-Marie Biju-Duval noted that a
prosecution expert witness [ French professor Jean-Pierre Chrétien who was a jury member when Nahimana presented his thesis] was "full of praises" for the same thesis.
Nahimana’s lawyer read out excerpts that called for cultural and national unity of the people of Rwanda and said that these contradicted the witness's claims. However, BU said he had gone through the thesis and pointed out pages and sections which he maintained promote regionalism.
Prosecution had wanted to submit as evidence a diary kept by the witness, supposedly in 1994. However, on Tuesday they were forced to withdraw it after defence lawyers pointed our discrepancies between two versions of the diary. Defence told the court that copies available to them had additional insertions made well after 1994. The witness admitted he had made later additions.
On Wednesday, head of the prosecution team Stephen Rapp (USA) apologized to the Chamber for the handling of the diary disclosure and the late disclosure of some other documents. "I believe we have erred and promise to do better,” he said. “It indicates some carelessness on the part of the prosecution for which I take full responsibility."
The trial resumed on Monday August 20th, after a judicial recess. BU’s testimony continues next Monday with cross-examination of the witness by defence counsels for Ngeze and Barayagwiza.
This case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
SW/JC/MBR/FH (ME_0823e)
JULY 17th, 2001
_______________________________________________________________
ICTR/ NAHIMANA/ REGISTRY
SACKED RWANDA TRIBUNAL INVESTIGATOR'S TEAM WANTS RETRACTION FOR MISTAKEN IDENTITY
Arusha, July 17th, 2001 (FH) - A lawyer for genocide suspect Ferdinand Nahimana said on Tuesday that the International Criminal Tribunal for Rwanda (ICTR) had wrongly identified their defence investigator as a Rwandan genocide suspect and that she hoped the Tribunal would retract its decision to sack him.
"We are particularly concerned because the Tribunal is concerned with the administration of justice," Nahimana's British co-counsel Diana Ellis told Hirondelle on Tuesday, "and against a background of undoubted interest by the Rwandans, it is particularly important that the Tribunal shows itself to be independent and not in any way subjected to political pressure. And it is impossible to understand how it is that those who are charged with the investigation and administration of justice can fail to make the most basic inquiries."
A statement from ICTR Registrar Adama Dieng said on Monday that four ICTR defence investigators had been fired because they were either on Rwanda's Category One list of top genocide suspects or were under investigation by the Tribunal Prosecutor on suspicion of involvement in the 1994 genocide.
The four sacked investigators include Nahimana team member Aloys Ngendahimana, said to be on the Category One list.
"It is clear that there is someone of the same name who is on the list and who is alleged to have been involved in the genocide in 1994," Ellis told Hirondelle, "but looking at the details on the list of that person, he is from a different area, his date of birth is different and his occupation is different. These facts were made known by our team some 10 days ago. What concerns and surprises us is that in the last ten days there has been no attempt to make contact with any member of the defence team of Ferdinand Nahimana in order to make inquiries as to the status of our investigator.
Ellis said Nahimana's defence team had now written to ICTR Registrar Dieng and Alessandro Calderone, chief of Lawyers and Detention Facilities Management at the Tribunal, informing them of their mistake and supplying the necessary information. "We hope that once they have given consideration to the information that we've provided, they'll do two things," Ellis told Hirondelle. "Firstly that they will issue a further statement correcting the allegation that our investigator on the Nahimana team was one of those on the list, and secondly that they will confirm that he remains an investigator as part of our team, in order to assist with all our future work on our case."
ICTR spokesman Kingsley Moghalu of Nigeria said that the Registry had received the communication from Nahimana's defence, led by Jean-Marie Biju-Duval of France, and was taking it very seriously. He said the Tribunal would have to "go through it with a toothcomb" to see whether the ICTR Registry or Nahimana's lawyers were right.
He said, however, that "these names and individuals were not randomly picked" and that "any attempt to say that we've acted without investigating is not correct". Regarding the need for extreme care, he cited the case of arrested ICTR defence investigator Siméon Nshamihigo, who had been working under a false identity and passport. Nshamihigo was arrested by the ICTR in May and has been charged with genocide.
JC/MBR/FH (RW_0717e)
JULY 10th, 2001
_____________________________________
ICTR/MEDIA
MEDIA TRIAL ADJOURNED UNTIL AUGUST 20TH
Arusha, July 10th 2001 (FH) - The Media Trial at the International Criminal Tribunal for Rwanda (ICTR) was on Tuesday adjourned until August 20th, after the judicial recess.
This trial groups three suspects accused of having used the media to incite killings during the 1994 genocide in Rwanda. The three are: former director of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana; former editor of "Kangura" newspaper Hassan Ngeze; and former politician and RTLM board member Jean-Bosco Barayagwiza.
The Media Trial started on October 23rd, 2000. It adjourned after the hearing of the 26th witness for the prosecution. The next witness is expected to be Italo-Belgian former RTLM presenter Georges Ruggiu, who pleaded guilty before the ICTR and was sentenced to 12 years' imprisonment.
Before adjournment, the court dismissed a prosecution motion to add a new witness to its list. Prosecutor Steven Rapp of the US had asked that a European journalist who was in Rwanda at the time of the genocide be added to the list of prosecution witnesses, to replace two other witnesses who would not be testifying.
The defence objected, on the grounds that this was unfair. Ngeze's American lawyer John Floyd asked when the prosecution would stop changing its list of witnesses and making the same old excuses, while Nahimana's British co-counsel Diana Ellis said that the prosecution was not telling the court the real situation.
Only Nahimana is still attending the trial regularly. Barayagwiza has boycotted it from the start, saying that the ICTR is manipulated by the current Kigali government and that the trial will therefore not be fair. Ngeze says he is boycotting as of last Monday over a conflict with his lawyers.
This case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/PHD/FH (ME_0710E)
JULY 9th, 2001
ICTR/MEDIA
RADIO CAUSED DEATHS, SAYS WITNESS
Arusha, July 9th, 2001 (FH) - A prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday that many civilians had been killed in Rwanda during the 1994 genocide after they were denounced by radio RTLM.
Witness 'FY', named as such to protect his identity, is testifying in the so-called Media Trial which groups former director of Radio-Télévision Libre des Mille Collines (RTLM) Ferdinand Nahimana, former politician and RTLM board member Jean-Bosco Barayagwiza, and former editor of "Kangura" newspaper Hassan Ngeze.
According to FY, people targeted by RTLM broadcasts included his
landlord Daniel Kabaka, a medical doctor named Boyi Straton, a builder
named Kahabaye and Claire Maziyateke, a Tutsi with Belgian nationality. He
said the first three were killed after RTLM wrongly denounced them as
accomplices of the Tutsi-led Rwandan Patriotic Front (RPF rebels now in
power in Kigali). Claire Maziyateke survived, he said, and is still alive.
He said that he had only mentioned his neighbours but that there were many more Tutsis and Hutu opponents to the then regime who were killed in similar circumstances. FY told the court that Tutsis of relatively high social standing were particularly targeted.
Defence lawyers for Ngeze and Nahimana sought to demonstrate that the four people mentioned could in fact have been accomplices of the RPF. Co-counsel for Nahimana Diana Ellis of the UK asked FY why several Tutsis of high social standing had not been killed during the genocide. "These are people who had protection from strong personalities," FY replied. His cross-examination continues Tuesday.
This case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/PHD/FH (ME_0709F)
JULY 9th, 2001
_____________________________________
ICTR/MEDIA
NGEZE ANNOUNCES COURT BOYCOTT OVER LAWYERS
Arusha, July 9th 2001 (FH) - Genocide suspect Hassan Ngeze says he is boycotting his trial at the International Criminal Tribunal for Rwanda (ICTR) over the court's refusal to replace his lawyers. Ngeze was absent from court on Monday.
"If the Tribunal does not assign a duty counsel to my defence, and my investigators and assistants are not reinstalled to work with me, there will be no interest for me to attend the trial any more as from this Monday 9th July 2001," Ngeze wrote in a letter to ICTR President Navanethem Pillay on Saturday.
Ngeze is former editor of the "Kangura" newspaper. He is on trial with two other suspects linked to "hate media" that incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. The other accused are
Ferdinand Nahimana
, former director of Radio-Télévision Libre des Mille Collines (RTLM); and Jean-Bosco Barayagwiza, a former politician and RTLM board member. Barayagwiza has been boycotting the trial since it started last October 23rd, saying it will not be fair because the ICTR is manipulated by the current Kigali government.
Ngeze says he has lost confidence in his current lawyers John Floyd of the US and René Martel of Canada. In his letter to Judge Pillay, he says that "the dispute I have with the lawyers assigned to my defence is basically about my investigators and assistants they dismissed without prior consultation with me at the most critical time of my trial".
The court turned down his earlier request that he be assigned new lawyers by the ICTR. In April he responded that he was renouncing his indigent status and wanted to pay for new lawyers with the help of "friends". Ngeze
said he wanted André Gagnier of Canada and Ngata Kamau of Kenya as his new counsel.
Last month, Judge Pillay, who is also presiding judge in the trial, told him that the ICTR Registry had written to these lawyers, but that Gagnier had refused and Kamau had not replied. However, she told him: "You are free
to call the counsels you want."
This case is before Trial Chamber One of the ICTR, composed of Judges Pillay, Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. Ngeze's boycott comes after another court, Trial Chamber Two, granted the request of ICTR detainee Arsène Shalom Ntahobali to have his lawyers dismissed on the grounds that he had lost confidence in them. The court ordered the ICTR Registry to assign Ntahobali new lawyers, and to give him a duty counsel in the meantime.
"I request the Tribunal to give me the same treatment as Shalom Arsène Ntahobari to be assisted by a duty Counsel while awaiting the final solution," says Ngeze in his July 7th letter to the ICTR President. "If this is done, it will allow the procedure to continue its normal course. The Tribunal will have full authority to select the duty Counsel."
His counsel John Floyd of the US told the court on Monday that he had noted the absence of his client but had not received any correspondence from him regarding the boycott.
GG/JC/FH (ME_0709e)
JULY 6th, 2001
ICTR/ MEDIA
UN PROSECUTORS TARGET EXILED RWANDAN MUSICIAN
Arusha, July 6th, 2001(FH) - International Criminal Tribunal for Rwanda (ICTR) prosecutors targeted in court the musician Simon Bikindi, whose songs were broadcast regularly on "hate-radio" RTLM during the 1994 Rwandan genocide. Bikindi is in exile in the Netherlands.
On Thursday, Kenyan prosecutor Charity Kagwi questioned a prosecution witness in the so-called Media Trial on the role of Bikindi's songs in the genocide, but obtained only mitigated answers. Protected witness "SA" said only that Bikindi's songs referred to Rwanda's history of antagonism between Hutus and Tutsis, or boosted the morale of soldiers in the former army when they were fighting guerrillas of the Tutsi-led Rwandan Patriotic Front (RPF, now in power in Kigali). SA was a technician at state-run Radio Rwanda in 1994.
The witness told the court that Bikindi's songs were still sold in record shops in Rwanda and listened to in bars. He said, for example, that they were often played in his favourite bar in Kigali, and that he would continue going to that bar when he returned from Arusha.
"People listen to these songs to remember history," said SA, who testified in the Rwandan language, Kinyarwanda. He added that the music was compelling, unlike artists such as Michael Jackson.
Observers suggest that the allusions to Simon Bikindi during the trial may not be gratuitous and that the prosecution could be "preparing something against him". Prosecution investigations are kept secret until an indictment has been made public.
Asylum seeker
Simon Bikindi worked at the Rwandan Ministry of Youth and Sports up to 1994, and composed a folk ballet. He is currently in exile in the Netherlands, where he has asked for political asylum. In a recent interview with French television channel France 2, Bikindi protested his innocence, saying that if he were to be accused of involvement in the genocide, he was prepared to defend himself.
In their book "Rwanda, the media of genocide", French researcher Jean-Pierre Chrétien and his co-authors say of Bikindi's songs: "Here we find a typical case of using the past for political purposes and manipulating history to create an ideology, which is the dogma of the three ethnic groups condemned to perpetual enmity. This is a way to justify defending the 'priority interests of the majority'." The book's authors describe Bikindi's songs as propaganda for rousing the Hutu population to action, which "echoed the activities of the racist media and of the militias".
"Leave None to Tell the Story", a work on the Rwandan genocide published by Human Rights Watch and the International Federation of Human Rights, says RTLM repeated endlessly a Bikindi refrain about the importance and benefits of the 1959 Hutu revolution. "Bikindi," says the book, "sang that the revolution should be preserved, 'especially by we who have benefited from it', a reminder that should the Tutsi win, they would not just reverse all the political changes of the revolution but also reclaim all the property that had once been theirs, leaving many Hutu destitute. This argument carried great weight with cultivators who were working lands received after the expulsion of the Tutsi and who feared above all being reduced to landless laborers."
The book also notes that during the genocide: "At most barriers there was a radio where the guards stayed tuned to RTLM during their long hours of keeping watch. And when patrols went out to kill, they went off singing the songs heard on RTLM, such as those of the popular Simon Bikindi."
The Media Trial groups former director of RTLM Ferdinand Nahimana, former politician and RTLM board member Jean-Bosco Barayagwiza and former "Kangura" newspaper editor Hassan Ngeze.
Barayagwiza's lawyer Alfred Pognon from Benin said that in wartime, it was normal that a singer should "whip up the morale of the army".
AT/JC/FH (ME_0706E )
JULY 5th, 2001
________________________________________
ICTR/ MEDIA
COURT SAYS PROSECUTION DID NOT INTIMIDATE DEFENCE WITNESSES
Arusha, July 5th, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Thursday rejected a motion from genocide suspect Ferdinand Nahimana which claimed that prosecution used third parties to contact protected defence witnesses in an intimidating way.
Nahimana's French defence counsel Jean-Marie Biju-Duval had argued that prosecution broke a court order when it asked the Belgian Ministry of Justice to contact two defence witnesses. Belgian investigating magistrate Damien Vandermeersch subsequently summoned and questioned the witnesses. Nahimana's defence team was not informed.
However, the ICTR's Trial Chamber One ruled that these two witnesses were not covered by a witness protection order and that the prosecution was merely fulfilling its duty to investigate alibi witnesses presented by the defence.
The court nevertheless said it was clear that any contact with the other party's protected witnesses must be made in conformity with court protection orders. It advised them to exercise judicious professional discretion and follow the established procedure of obtaining the other party's consent before contacting such witnesses. The court said this would avoid any suspicion of interference or dishonest intentions and ensure that justice was being seen to be done.
Nahimana was director of Radio-Télévision Libre des Mille Collines (RTLM), which incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. He is co-accused with two other people accused of using the media to fuel the 1994 genocide in Rwanda: former politician and RTLM board Jean-Bosco Barayagwiza and former "Kangura" newspaper editor Hassan Ngeze.
On Thursday the court finished hearing the testimony of the 25th prosecution witness. The case is expected to resume on Monday with a new witness.
AT/JC/PHD/FH (ME_0705E )
JULY 4th, 2001
___________________________________________________________________
ICTR / MEDIA
PROSECUTION BRINGS TWENTY-FIFTH WITNESS
Arusha, July 4th, 2001 (FH) - The trial of three suspects accused of using the media to fuel Rwanda's 1994 genocide resumed on Wednesday with the testimony of the 25th prosecution witness. This comes after several recent adjournments after prosecution witness either refused or were unable to testify at the last moment.
The witness, dubbed "SA" to protect his identity, was a technician at Radio Rwanda when one of the accused,
Ferdinand Nahimana
, was its director from the end of 1990 to the beginning of 1992. SA told the court that his former boss had discriminated against Tutsis at the workplace For example, the witness cited three Tutsis whom he said Nahimana had fired. He said a fellow technician in charge of a travelling studio was also transferred to another post because he was Tutsi.
After leaving the state media body ORINFOR, which manages Radio Rwanda, Nahimana became one of the promoters of Radio-Télévision Libre des Mille Collines (RTLM). The witness claimed that RTLM was installed by two technicians from Radio Rwanda, who were his friends. He said he had learned this from them in a discussion about the technical difficulties they encountered.
"SA" told the court that RTLM had a 100-watt transmitter which could reach the whole of the capital Kigali, part of Bugesera (south of Kigali) and part of Kibungo to the east. He said RTLM also had a less powerful transmitter installed on Mount Muhe (western Rwanda) which allowed broadcast to parts of Ruhengeri, Gisenyi, Gitarama and Kibuye.
The Prosecutor aims to show that RTLM incited Hutus to genocide against the Tutsi minority in 1994. Nahimana is jointly accused with former politician and RTLM board member Jean-Bosco Barayagwiza and former "Kangura" newspaper editor Hassan Ngeze.
AT/JC/MBR/FH (ME_0704E)
JULY 2nd, 2001
___________________________________________________________________
ICTR/ MEDIA
TRIAL ADJOURNED TO WEDNESDAY FOR LACK OF PROSECUTION WITNESSES
Arusha, July 2nd, 2001 (FH) - The trial of three genocide suspects linked to "hate media" in Rwanda was Monday adjourned for two days, owing to lack of prosecution witnesses.
Prosecutor Steven Rapp of the US told the court that the witness scheduled for Monday was not yet ready, and asked that proceedings be adjourned. Presiding judge Navanethem Pillay of South Africa said the Chamber was "disappointed" that the prosecution had not managed to bring a witness in time, but said it also understood the prosecution's problems.
Rapp told the court that the prosecution had lost contact with some witnesses because of insecurity in the northwest of Rwanda. Some witnesses would not testify, he said, because they had declined to do so or because they had not remained consistent with their initial statements to investigators. He stressed that witnesses could not be forced to appear against their will.
Last week, one scheduled witness in this case refused to testify at the last minute, while another was said to have chronic mental problems, including loss of memory. The prosecution therefore decided, even after the witness's arrival in Arusha, not to put her on the stand.
The trial groups three suspects linked to media which incited Hutus to kill Tutsis during the 1994 genocide in Rwanda. They are former RTLM radio director Ferdinand Nahimana, former politician and RTLM board member Jean-Bosco Barayagwiza and former editor of Kangura newspaper Hassan Ngeze.
When the case opened last October 23rd, prosecution said they would bring 97 witnesses. However, it seems that many of them are no longer available. Witnesses expected to testify include Italo-Belgian former RTLM presenter Georges Ruggiu, whom the ICTR last year sentenced to 12 years' imprisonment after he pleaded guilty. Also expected is another ICTR convict who pleaded guilty, former militiaman Omar Serushago. Serushago was militia leader in the northwest Rwandan prefecture of Gisenyi, home area of Ngeze.
The prosecution is also expected to call several people being held in Rwandan jails on genocide charges. It is not clear whether these will include former RTLM presenter Valérie Bemeriki, who is in Kigali prison.
Defence lawyers for the accused have expressed concern about continual changes to the list of prosecution witnesses, saying that this is prejudicial to their clients. Nahimana's French lawyer Jean-Marie Biju-Duval also complained about late communication of witness statements to the defence, asking the court to impose sanctions. One of the sanctions, he argued, would be to have the statements thrown out.
The case is before Trial Chamber One of the ICTR, comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka De Zoysa Gunawardana of Sri Lanka.
AT/JC/MBR/FH (ME_0702e)
JUNE 28th, 2001
_____________________________
ICTR/ MEDIA
DEFENCE SAYS PROSECUTION CONTACTED AND INTIMIDATED WITNESSES
Arusha, June 28th, 2001 (FH) - Prosecutors broke a witness protection
order, contacting two key defence witnesses and obtaining statements from
them through a third party, the lawyer for genocide suspect
Ferdinand
Nahimana
told the International Criminal Tribunal for Rwanda (ICTR) on
Thursday. French defence counsel Jean-Marie Biju-Duval said this was done
in such a way as to intimidate the witnesses.
"The defence would ask the court to state, stigmatise and condemn this
action," Biju-Duval told the court. "It is our view that the manner of the
violation and the prejudice it may cause could also lead the ICTR to
declare the prosecutor in contempt of the Tribunal."
Nahimana's lawyer said that the Prosecutor had written to the Belgian
authorities, soliciting a rogatory commission to interview in Belgium
witnesses supporting Nahimana's defence of alibi. As a result, Belgian
examining magistrate Damien Vandermeersch summoned the two witnesses and
put questions to them as directed by the Office of the Prosecutor of the
ICTR. According to Biju-Duval, these questions included asking them whether
they were willing to return to Rwanda and whether the Rwandan authorities
suspected them of involvement in the 1994 genocide.
Biju-Duval stressed that he was in no way questioning the integrity of the
Belgian judge. But he said that such a witness, who did not know why he had
been summoned, would be led to feel that he was "above all a potential
accused for the Rwandan authorities and why not for the ICTR?" The lawyer
said the witnesses would then have to "redouble in courage" to come and
testify in Nahimana's defence.
He argued that the Prosecutor was in violation of a court order on witness
protection which, he claimed, covered these two witnesses. That order, he
said, forbids the Prosecutor from communicating information to any third
party which could reveal the identity of protected witnesses. It also
forbids that the Prosecutor contact any such witnesses without informing
the defence and the court.
"Were there any protection measures in force for these two witnesses? The
answer, it is our submission, is no," replied William Egbe of Cameroon for
the prosecution. He said that the prosecution had merely been fulfilling
its duty under ICTR Rules to investigate the defence notice of alibi which
posed "a significant and crucial challenge to the allegations in the
indictment".
Egbe made reference to a recent court decision which he said made a
distinction between "direct" and "indirect" contact with protected
witnesses. He said the Prosecutor had sought to preserve the integrity of
the judicial process by making contact indirectly with these witnesses.
Moreover, he argued, this had been done by objective judicial authorities.
Presiding judge Navanethem Pillay of South Africa said that the court
would deliberate before rendering a decision on the matter. The case is
before Trial Chamber One, composed of Judges Pillay, Erik Mose of Norway
and Asoka de Zoysa Gunaweardana of Sri Lanka.
JC/FH (ME_0628f)
JUNE 28th, 2001
___________________________________________________________________
ICTR/MEDIA
ANOTHER WITNESS NOT IN POSITION TO TESTIFY
Arusha, June 28th, 2001 (FH) - A witness who was due to appear in the so-called "Media Trial" has critical mental problems and will not be testifying, prosecutor William Egbe of Cameroon told the International Criminal Tribunal for Rwanda (ICTR) on Thursday. Protected witness "PR" is the second prosecution witness in three days to be ruled out of testifying after arriving at the ICTR's seat of Arusha.
Another prosecution witness, "AAW", refused to testify on Monday, apparently after "praying" and
realizing that part of what he had told investigators were "lies".
"The witness has a critical lapse of memory as concerns very salient facts," Egbe told the court. "Since she arrived in Arusha, the witness has had to undergo medical examinations," he added.
Egbe said the prosecution had concluded that her testimony "may not be of much value". Asked by presiding judge Navanethem Pillay of South Africa whether the Prosecutor had any information that could reflect positively on any of the accused (exculpatory information), Egbe said that for now they did not, but that they were willing to produce it if they came across such information.
The Media Trial groups three suspects accused of having used the media to fuel the 1994 genocide in Rwanda. They are:
Ferdinand Nahimana
, co-founder and former director of Radio-Télévision Libre des Mille Collines (RTLM), Jean-Bosco Barayagwiza, former director of political affairs at Rwanda's foreign ministry and a board member of RTLM, and Hassan Ngeze, former editor of the newspaper Kangura. The three are charged with several counts of genocide and crimes against humanity. They have all pleaded not guilty.
Also on Thursday, Nahimana's French defence counsel Jean Marie Biju-Duval said he had filed a motion claiming that the prosecution has contacted protected defence witnesses. The court is expected to hear that motion on Thursday afternoon.
Meanwhile, prosecution witness "AEU" completed her testimony. She began testifying on Monday.
AEU told the court that Ngeze had been a racist and chief of the extremist Hutu CDR party in the northern Rwandan region of Gisenyi. She said that Ngeze led many attacks on Tutsis carried out by the CDR.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH (ME_0628e)
JUNE 27th, 2001
___________________________________________________________________
ICTR/MEDIA
EX-PROSECUTION WITNESS REFUSES TO TALK TO DEFENCE
Arusha, June 27th, 2001 (FH) - A witness who suddenly changed his mind and refused to testify for the prosecution also refused to talk to the defence, the lawyer for genocide suspect Hassan Ngeze told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
Would-be prosecution witness "AAW" on Monday refused to testify, despite having already arrived at the ICTR's seat of Arusha. According to the prosecutor, he changed his mind after praying on Sunday night and deciding, as a good Moslem, that "certain facts he had testified (in his statement to prosecution investigators) were incorrect and he does not wish to testify".
"AAW did not wish to communicate with the defence," Ngeze's lawyer John Floyd of the US told the court. "He simply wanted to return to Europe."
Floyd asked the court to order prosecutors Stephen Rapp of the US and William Egbe of Cameroon to communicate any information that could reflect positively on his client (exculpatory information) which they may have got from the witness.
Rapp said the information they had from the witness was not "probative or reliable". He said that the prosecutor had lost interest in the witness as soon as he indicated that he didn't agree with what was in his statement.
The court asked Floyd to liaise with the prosecution and refer back to the court if he had more questions.
Ngeze is co-accused with former director of Radio-Télévision Libre des Mille Collines (RTLM)
Ferdinand Nahimana
and Jean-Bosco Barayagwiza, a former politician and RTLM board member. All three are accused of using the media to fuel the 1994 genocide in Rwanda. They have all pleaded not guilty to charges of genocide, conspiracy to commit genocide and crimes against humanity.
New prosecution witness
Meanwhile, the 25th prosecution witness, identified only as "AEU", began testifying earlier on Tuesday. She told the court that Ngeze had been a racist who distributed cards of the extremist Hutu CDR party only to Hutus.
As a test to confirm "Hutuness", the witness said Ngeze requested applicants to "insert two fingers in their nostril". Those that couldn't insert their two fingers in the nostril were considered Tutsis and enemies, she added.
AEU, a Tutsi woman, also told the court that Ngeze was "a powerful and respected man among the Interahamwe (a militia attached to the then-ruling party) and CDR militia". He ordered killings and they were executed, the witness said.
AEU told the court that she had personally been a victim of a militia attack. She spoke with a faint voice and told the court that she had been permanently disabled by the attacks. She said she was also partially blind.
The court hearings were interrupted several times to allow her to take breaks.
AEU finished her testimony in chief on Tuesday. On Wednesday morning Floyd began cross-examining her.
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH (ME_0627e)
JUNE 25th, 2001
___________________________________________________________________
ICTR/MEDIA
WITNESS REFUSES TO TESTIFY
Arusha, June 25th, 2001 (FH) - A scheduled prosecution witness in the so-called Media Trial on Monday told the International Criminal Tribunal for Rwanda (ICTR) that he would not testify after all. This is the first time that a witness has desisted from testifying after arriving at the Tribunal's seat of Arusha.
Prosecutor Stephen Rapp of the US told the court that the witness had prayed the previous night and come to the conclusion, as a good Moslem, that "certain facts he had testified (in his statement to prosecution investigators) were incorrect and he does not wish to testify". The prosecutor said that up until Monday morning, protected witness "AAW" had co-operated and showed no signs that he would not testify.
Prosecution told the court it would be presenting a motion to have AAW's protection lifted, as he no longer had witness status. This witness was expected to testify against former "Kangura" newspaper editor Hassan Ngeze, one of three accused in this case.
Rapp said that defence was welcome to put questions to the witness, who was in court. Ngeze's lawyer John Floyd of the US asked for time to consult his client and to prepare for the testimony of the next witness. He asked that AAW be kept in Arusha until Tuesday while he decided if AAW could be a witness for the defence.
Court proceedings were suspended until Tuesday morning, when prosecution is expected to bring a new witness, dubbed "AEU". This person will be the 25th to testify in the case.
Ngeze is co-accused with former director of Radio-Télévision Libre des Mille Collines (RTLM)
Ferdinand Nahimana
and Jean-Bosco Barayagwiza, a former politician and RTLM board member. All three are accused of using the media to fuel the 1994 genocide in Rwanda. They have all pleaded not guilty to charges of genocide, conspiracy to commit genocide and crimes against humanity
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH (ME_0625e)
JUNE 21st, 2001
___________________________________
ICTR/MEDIA
COURT REJECTS DEFENCE MOTION TO THROW OUT TESTIMONY
Arusha, June 21st, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Thursday rejected a defence motion to have a witness's testimony struck off the record, saying that it would "not view motions such as this with favour in the future".
Presiding Judge Navanethem Pillay of South Africa said the motion, filed by US attorney John Floyd on behalf of genocide suspect Hassan Ngeze, was flawed in "procedure, timing and substance", and that there was no provision in the ICTR Rules for such a motion. Floyd had sought to have the testimony of the 23rd prosecution witness, "AES", struck from the record on the basis that there was no proof of "corpus delictus" (proof of death).
AES testified that she had seen Ngeze, in the company of militias, shoot a girl during the genocide. The witness said Ngeze had called his victim "Inyenzi" (derogatory term for Tutsis), that she did not die immediately and was then stoned to death by militia. AES said she fled as the militias were stoning the girl. She was able to describe the victim, but not to give her name or any other details.
Ngeze, former editor of the newspaper "Kangura", is on trial with two other suspects accused of using the media to fuel the 1994 genocide in Rwanda. They are
Ferdinand Nahimana
, former director of Radio-Télévision Libre des Mille Collines (RTLM); and Jean-Bosco Barayagwiza, a former politician and RTLM board member. Defence counsel for the other accused also argued in favour of Floyd's motion.
Judge Pillay said that the ICTR Statute did not have any "rule or requirement or practice for the production of the body, or the body of the crime, particularly not in the light of the crimes for which the ICTR was created; particularly genocide, crimes against humanity and violations of Article Three common to the Geneva Convention".
In its unanimous decision, the court also reprimanded defence counsel for their arguments during the hearing of the motion. "It is wholly inappropriate to ask the judges to pronounce an evaluation of the testimony while the trial is proceeding," said Pillay.
"The timing of the motion in our view is wholly premature," Judge Pillay also said, "in the light of defence counsel's argument that the evidence of this witness is not corroborated. This witness has completed her testimony, but the prosecution case is ongoing. There is still time for the Prosecutor to call witnesses in to corroborate her testimony."
The case is before Trial Chamber One of the ICTR, composed of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Asoka de Zoysa Gunawardana of Sri Lanka. It was adjourned until Monday when the 24th prosecution witness "AGK" will continue his testimony.
GG/JC/PHD/FH (ME_0621f)
JUNE 21st, 2001
ICTR/MEDIA
NGEZE CLAIMS PROSECUTOR CONTACTED DEFENCE WITNESSES
Arusha, June 21st, 2001 (FH) - Genocide suspect Hassan Ngeze told the
International Criminal Tribunal for Rwanda (ICTR) on Thursday that persons
from the ICTR Office of the Prosecutor had unlawfully contacted his
witnesses in Europe.
"The Office of the Prosecutor has gone in Europe to terrorize my witnesses
in London, France and Belgium," Ngeze told the court shortly before the
hearing of the 24th prosecution witness in the so-called Media Trial.
Ngeze is former editor of the "Kangura" newspaper. He is on trial with two
other suspects linked to "hate media" that incited Hutus to kill Tutsis
during the 1994 genocide in Rwanda. The other accused are
Ferdinand
Nahimana
, former director of Radio-Télévision Libre des Mille Collines
(RTLM); and Jean-Bosco Barayagwiza, a former politician and RTLM board member.
Prosecutor Steve Rapp of the US said he was not aware of any prosecution
contact with Ngeze's witnesses. He added that the prosecution needed to
know more about the defence allegations.
Ngeze requested that the Chamber give him time to show hidden camera images
of the contacts. Judge Navanethem Pillay of South Africa asked Ngeze to
raise the issue through his lawyer.
"I won't pass my motion through the counsel," Ngeze responded in English.
"If you want to dismiss it you can," he added. The court did not make a
ruling on the issue.
Ngeze has since April this year requested the ICTR to dismiss his present
defence team, and allow him to pay for new lawyers. He is represented by
John Floyd of the US and René Martel of Canada.
Earlier on Thursday, Floyd filed a motion to the have the testimony of the
previous witness, "AES", dismissed. AES mainly testified that she had seen
Ngeze, in the company of militias, shoot a girl during the genocide. The
witness said Ngeze had called his victim Inyenzi (derogatory term for
Tutsis), that she had been shot and then stoned to death by militias. AES
said she fled as the militias were stoning the girl.
" The witness said she saw someone get shot," Floyd said. "She did not feel
the pulse of the said victim or do anything to establish that the person
was dead," he added. "There is nothing put forth by this witness that shows
that a crime has been committed. Neither does the prosecutor appear to have
any other witness to corroborate this testimony."
Prosecutor Rapp argued that the rules of the ICTR were not governed by
national laws, and that the genocide in Rwanda was a special case. Quoting
Alison Des Forges's book, 'Leave none to tell the story', Rapp said that,
after all, there were not a lot of storytellers left from the genocide.
The Chamber said it would deliver its ruling on the motion later in the
day, or on Monday. It went on to hear the testimony of the 24th prosecution
witness, dubbed "AGK" to protect his identity. The witness described
Barayagwiza as "a person who practiced ethnic and regional discrimination".
AGK told the court of several cases where, he said, Barayagwiza had
discriminated against Tutsis at his workplace.
The witness said Barayagwiza was director of political affairs in the
Rwandan Ministry of Foreign Affairs from 1989 to 1994. AGK told the court
that he worked in the same ministry.
AGK continues his testimony before Trial Chamber One of the ICTR, composed
of Judges Navanethem Pillay of South Africa (presiding), Erik Mose of
Norway and Asoka de Zoysa Gunawardana of Sri Lanka.
GG/JC/FH (ME_0621e)
JUNE 19th, 2001
_______________________________
ICTR/MEDIA
COURT RULES OUT RAPE TESTIMONY
Arusha, June 19th, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Tuesday disallowed a witness's testimony on rape in the so-called "Media Trial". The court said it was convinced by defence
arguments that the rape incident was remote in time and place and had no direct link to any of the accused.
Protected witness 'AES' was due to testify on sexual violence she allegedly endured from an attacker in the northwest Rwandan region of Gisenyi during the 1994 genocide. The prosecutor argued that although these acts were not committed by any of the accused on trial, they were generally a result of incitement by former "Kangura" newspaper editor Hassan Ngeze.
"We are persuaded by the defence's argument that this is an isolated act allegedly perpetrated by an individual and should be treated as such," said presiding judge Navanethem Pillay of South Africa. She further stated that the judges were in agreement with Ngeze's counsel that the testimony was "more prejudicial to the defence than probative to the Prosecutor's case".
Ngeze is on trial with two other suspects accused of using the media to fuel the 1994 genocide in Rwanda. Co-accused are former director of Radio-Télévision Libre des Mille Collines (RTLM)
Ferdinand Nahimana
, and former politician and RTLM board member Jean-Bosco Barayagwiza. The three are charged with several counts of genocide, public incitement to commit genocide, complicity in genocide and crimes against humanity. They have pleaded not guilty.
Witness 'AES' earlier in the day testified that she had seen Ngeze shoot a 25-year-old girl. AES said Ngeze had come to her neighbor's home asking why they were hiding "Inyenzi" (term for the then Tutsi rebel movement, RPF and its sympathizers). She said he was carrying a gun on his left shoulder and a megaphone in his right hand, and was accompanied by singing militias armed with machetes and clubs.
AES told the court that after Ngeze's inquiry, "the neighbor brought the girl who had been hiding in the house outside. Ngeze then gave the megaphone to Interahamwe who accompanied him, took his gun and shot the
girl in chest, on the right".
AES said the girl did not die of the bullet wound but was finished off by the crowd of militiamen throwing rocks at her as she lay on the ground.
Before she began her testimony, AES was asked questions on the physical identity of Ngeze, while the accused remained out of the courtroom. This followed a request on Monday by Ngeze's American lawyer John Floyd that Ngeze be hidden from the witness. Floyd said there was a strong possibility that she was not familiar with Ngeze and could have mistaken him for three militia leaders named Hassan or
Information, Documentation and Training Agency, Arusha (Tanzania): International Criminal Tribunal for Rwanda (ICTR)