DECEMBER 10th, 2001
______________________________________________ ICTR/REGISTRY EX-RWANDAN PREMIER MOVED TO MALI TO SERVE GENOCIDE SENTENCE Arusha, December 10th, 2001 (FH) - Genocide convict and former Rwandan prime minister Jean Kambanda and five other genocide convicts were on Sunday transferred from the International Criminal Tribunal for Rwanda (ICTR) in Tanzania to Mali, where they will serve their sentences, official sources confirmed. These six are the first ICTR convicts to be transferred to a prison to serve out their sentence. Kambanda is the first leader of a government to be convicted of genocide. He pleaded guilty and was sentenced to life imprisonment in 1999. He lost an appeal against the sentence. An estimated 800,000 Tutsis and moderate Hutus were killed during the 1994 genocide in Rwanda. The other five ICTR convicts transferred to Mali are: former mayor of Taba commune Jean Paul Akayesu, former governor of Kibuye province Clement Kayishema and former tea factory director Alfred Musema, who were all sentenced to life in prison; former Interahamwe militia leader Omar Serushago, who was sentenced to 15 years, and former businessman Obed Ruzindana who was sentenced to 25 years. All five lost appeals against their trials and sentences. The ICTR has so far handed down nine judgements: eight convictions and one acquittal. Three African countries, Mali, Benin and Swaziland, have signed agreements with the ICTR to take Tribunal convicts in their prisons. The convicts transferred to Mali had, until Sunday, been in custody at the UN Detention Facility (UNDF) in Arusha. The prisons in which ICTR convicts serve their sentences are required to meet international standards. GG/JC/DO/FH (RE_1210e)
JUNE 28th 2000
ICTR/KAMBANDA UN PROSECUTOR ASKS APPEALS COURT TO CONFIRM KAMBANDA SENTENCE Arusha, June 28th 2000 (FH) - UN Prosecutor Carla Del Ponte on Wednesday told the Appeals Court of the International Criminal Tribunal for Rwanda (ICTR) that former prime minister Jean Kambanda had "twice pleaded guilty", and that his life sentence for genocide should be confirmed. Kambanda on Tuesday asked the court to revoke his guilty plea and order a full trial. He said he had been denied proper counsel and felt forced to sign his plea agreement with the prosecution. The former prime minister is now arguing that his guilty plea was not voluntary or well-informed. "I was wondering whether Kambanda should have had the opportunity for a trial," Del Ponte told the court, "but yesterday's hearing swept all my doubts away. Kambanda pleaded guilty a second time, he admitted his political responsibility in the genocide. He confirmed the statements he made to the prosecution... and it is those declarations which form the basis of his indictment." In answer to a judge's question, Del Ponte said she understood that Kambanda had admitted there was a genocide in Rwanda in 1994, that he was Prime Minister of the government at the time and that he therefore had political, but not criminal, responsibility. "It is only the adjective which has changed," she said. Del Ponte said Kambanda was aware of the consequences of pleading guilty, and it was the fact of getting a life sentence that had triggered his appeal. She said his arguments concerning denial of chosen counsel, absence of response to his letters and so on, were "not things which cast doubt on the plea agreement and his declaration of guilt". The Swiss Chief Prosecutor also quoted Kambanda as having said that "the defence is first of all me". "That, Your Honours, gives you the element of proof that he was acting on his own free will," she told the judges. "Let's just suppose that everything he said is true," Del Ponte argued, referring to Kambanda's complaints that he was abandoned by his defence counsel, manipulated by the prosecution and had exhausted all channels of recourse. "Still, it is incomprehensible that, during his appearances in court he said nothing." Del Ponte said the judges had absolutely nothing to support the defence position, and asked them to confirm Kambanda's sentence. She said he had stopped cooperating with the prosecution after his sentence but believed he might well start cooperating again "some time in the future". JC/FH (KM%0628e)
ICTR/KAMBANDA FORMER RWANDAN PRIME MINISTER'S APPEAL TO BE HEARD THIS MONTH Arusha, June 13, 2000 (FH)- The appeals chamber of the International Criminal Tribunal for Rwanda (ICTR), will hear later this month, the appeal lodged by former Rwandan Prime Minister, Jean Kambanda, against his sentence. The Chamber will be in Arusha between 27-30 of June to hear the merits and substance of the appeal in which Kambanda seeks to have his guilty plea quashed and to be put on trial. Kambanda pleaded guilty in May 1998 to six counts of genocide-related charges. He was sentenced to life inprisonment in September of the same year. In his guilty plea, Kambanda had also agreed to testify against his fellow detainees. However, following the harsh sentence rendered by the chamber, the former prime minister appealed against the sentence. Kambanda's guilty plea has been cited as one of the major achievements of the Tribunal inasmuch as it appeared to vindicate the fact that there was a planned genocide in Rwanda. Those who followed Kambanda's case and sentencing have said that part of the reason why he chose to rescind his plea was his dissatisfaction with the work of his defense lawyer at the time, Cameroonian Oliver Michael Inglis. Kambanda alleges that his counsel did little to secure his rights. A week after judges handed down the harshest punishment they could give to the man who had fully cooperated with the court's investigation, Kambanda wrote a bitter, five-page letter to the court registry accusing his lawyer of working against him. In his letter to the court registry dated September 11, 1998, Kambanda wrote: "Without going as far as putting into question my voluntary and conscious decision to tell the truth to the whole of humanity about the drama of the Rwandan people, regardless of the consequences to myself, permit me to cast doubt over certain practices surrounding my trial and the illusion that some people seem to entertain of having found the sacrificial lamb which will erase the responsibilities of others in the extermination of the Rwandan people." Kambanda implied that his lawyer, who had been a friend of the Tribunal's Deputy Prosecutor Bernard Muna for 30 years, had been hastily appointed to him despite his 1997 request for another lawyer. He said Inglis was negligent, allowing his case to be tainted by "procedural flaws, which border on scandalous". His letter also complained that Inglis had failed to secure Kambanda's sole request in his plea agreement: the protection of his family in exile. During the sentencing, Judge Laity Kama, the president of the Tribunal, noted that Kambanda's guilty plea and "substantial cooperation" with investigators had been taken into account, but that the former prime minister's major role in the genocide prevented a lighter sentence. "Jean Kambanda has not provided any explanation for his voluntary participation in the genocide nor has he expressed contrition, regret or sympathy for the victims in Rwanda even when given the opportunity to do so," Kama said, referring to Kambanda's refusal to speak during the pre-sentencing hearing. There are those who have said they feel that Kambanda's guilty plea was not whole-hearted and was carefully calculated to lead to a reduction in sentence, and that following the life sentence judgment, he feels he has nothing to lose by going to trial. However, others feel that Kambanda's counsel at the time failed to cater sufficiently to his client's rights. Two other accused persons at the court have pleaded guilty and received much lighter sentences. The two, Omar Serushago and Georges Ruggiu, were sentenced to less than 15 years each. MK/CR/FH (KM%0613e)
ICTR/KAMBANDA FORMER RWANDAN PRIME MINISTER WANTS TO RETRACT GUILTY PLEA Arusha, January 6th, 2000 (FH) - Former Rwandan Prime Minister Jean Kambanda, sentenced to life imprisonment for genocide, wants to retract his confessions of guilt before the International Criminal Tribunal for Rwanda (ICTR). He is currently on appeal. Kambanda was Prime Minister in the interim government that presided over the 1994 genocide. Up to one million ethnic Tutsis and moderate Hutus died in the mass killings in Rwanda between April and July 1994. According to independent Arusha-based magazine Ubutabera, Kambanda's new lawyer Tjarda Eduard van der Spoel (Netherlands), filed a motion to the ICTR Appeal Court on December 24th asking that the court accept three additional grounds for appeal. Van der Spoel claims that the ICTR was legally wrong to accept the validity of the accord in which Kambanda agreed to plead guilty. He says the Tribunal should not have done so without investigating "the fact that the guilty plea was not voluntary, and/or was ill-informed and/or was not explicit". "The Appellant now seeks not only a review of the sentence, but also asks the Appeals Chamber to annul the guilty verdict and order a new trial," says Kambanda's lawyer. Van der Spoel also says that his client was detained illegally and that he was denied access to the lawyer of his choice. After his arrest in Kenya in July 1997, Kambanda was detained in a residence in Dodoma, central Tanzania, and not at the United Nations detention facility in Arusha. After his sentencing in September 1998, Kambanda also complained that the ICTR Registry had not assigned him a lawyer of his choice. In addition, he rejected Cameroonian lawyer Michael Inglis, who had been assigned to him, saying that Inglis was collaborating with the prosecution rather than defending his client's interests. Ubutabera says the Appeal Court told the defence on December 8th that it would consider these new requests. It has given until March 8th for the Appeal brief to be submitted. The prosecution then has one month to respond. Kambanda was arrested in Nairobi, Kenya, on July 18th, 1997. At the beginning of May 1998 he pleaded guilty to all the charges against him, including genocide and conspiracy to commit genocide. His guilty plea became a cornerstone of prosecution strategy to show that the genocide was planned and that other political leaders at the time should be prosecuted. It is also at the heart of the prosecution's current strategy to hold joint trials. BN/JC/DO/FH (KM%0106e)
ICTR/POLITICIANS RWANDA TRIBUNAL POSTPONES POLITICIANS' FIRST APPEARANCE, IN CONTROVERSY OVER INDICTMENT CHANGES Arusha, March 10th, 1999 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Wednesday postponed the initial appearance of five top officials in the interim government that presided over the Rwandan genocide, after the prosecutor was unable to explain changes to the joint indictment. Trial Chamber Two convened to hear the initial pleas of five top officials under the government of ex-Prime Minister Jean Kambanda. Kambanda was convicted of genocide on September 4th, 1998, after pleading guilty. In the dock were Edouard Karemera, former Minister of the Interior; André Rwamakuba, former Minister of Primary and Secondary Education; Mathieu Ngirumpatse, who was chairman of the ruling MRND party; Joseph Nzirorera, former Secretary General of the MRND; and Juvénal Kajeliljeli, who was mayor of Mukingo commune in northwest Rwanda. He was also founder and leader of an Interahmwe militia group active throughout the region. Asked by presiding judge William Sekule (Tanzania) to explain which was the correct version of the indictment, prosecutor Jane Anywar Adong (Uganda) said she had become aware from the registry that there were three versions, and had referred to the deputy prosecutor's office in Kigali. She had then used the version sent from Kigali, but had not had time to check it was the same as the version submitted to the accused. Counsels for the defence submitted that the versions were not the same. The defence council for Kajeliljeli, African American lawyer Lennox Hinds also pointed out that his client's name had been written in by hand. He said that under ICTR rules, the prosecutor should not make changes unless authorized by the judge who signed the indictment or other judges. "The very integrity of the institution and of this process is now at play," he told the court. "We need the prosecutors to come before the court and explain what they did under oath." The judge had earlier asked Hinds, dressed in a suit and red tie, why he was not wearing a gown. Hinds responded that it was not required by even the highest courts in the United States. "We have cast off certain vestiges of colinialism: the gowns and wigs," he responded, "and I hope this won't be imposed on me." The registry said it would seek to clarify the dress code rules. Queen's Counsel Steven Kay of Britain, the acting counsel for Ramakuba, said that "alarm bells are ringing in my head when one hears about documents being changed." It would be in everyone's interest to have a definitive and authoritative document, he said, and called for an adjournment. This call was backed by other counsels for the defence. Emmanuel Leclercq of Belgium, representing Karemera, also told the court he had only had only received the indictment on Monday, from his client. He had only received the ICTR's Statute on Monday night. Leclercq called this a "major violation of the rights of the defence". The prosecutor had previously answered the judge that she would need two weeks to clarify the indictment. After brief deliberation, the judges adjourned the hearing to the first week of April. JC/FH(PL§0310e)
OCTOBER 14, 1998
ICTR/KAMBANDA
FORMER RWANDAN PRIME MINISTER SENTENCED TO LIFE FOR GENOCIDE INSISTS UPON THE LAWYER OF HIS CHOICE
Arusha, October 14, 1998 (FH) - The former Rwandan Prime Minister sentenced to life in prison by a U.N. court for genocide and crimes against humanity has taken up the fight to be represented by the lawyer of his choice, the Hirondelle independent press agency reports.
Jean Kambanda, who pleaded guilty last May to the attempted extermination of Rwanda's ethnic Tutsi minority, has chosen to appeal the life sentence handed down to him by the judges of the International Criminal Tribunal for Rwanda (ICTR). But recently, the former Prime Minister was informed that the man he chose to handle his appeal has been black-balled from the court's list of acceptable lawyers. Johan Scheers, the Belgian who first represented Jean-Paul Akayesu, was banned from the Tribunal's list of accredited lawyers in October of 1996 when he missed the first day of Akayesu's trial after a financial dispute with the registry. The decision of the Court, dated October 31st '96, states that a financial dispute with the registry cannot be "an acceptable reason" for being away on the date agreed with the lawyer himself for the opening of the trial. The decision further says that the absence of the lawyer, based on grounds which are "nor acceptable, nor justifiable", was constituting "exceptional circumstances" for the withdrawal of his assignement, as foreseen in article 19 of the ICTR directive on the assignement of Defence Counsel. Throughout his time in detention at the ICTR, Kambanda refused several times to be represented by any counsel and opted on his own to plead guilty to six counts of genocide and crimes against humanity. He accepted a lawyer last March, the Cameroonian Oliver Michael Inglis, who assisted him in his plea agreement with prosecutors in which he agreed to testify against other accused. But one week after judges handed down the harshest punishment they could give to the man who had fully cooperated with the court's investigation, Kambanda wrote a bitter, five-page letter to the court registry accusing his lawyer of working against him. In a letter to the court registry dated September 11, 1998, which the Hirondelle press agency received a copy of, Kambanda wrote : "Without going as far as putting into question my voluntary and conscious decision to tell the truth to the whole of humanity about the drama of the Rwandan people, regardless of the consequences to myself, permit me to cast doubt over certain practices surrounding my trial and the illusion that some people seem to entertain of having found the sacrificial lamb which will erase the responsibilities of others in the extermination of the Rwandan people.“ Kambanda suggested that his lawyer, who had been a friend of Deputy Prosecutor Bernard Muna for thirty years, had been hastily appointed to him despite his previous request for Scheers, in March 98. He said Inglis was negligent, allowing his case to be tainted by "procedural flaws which border on scandalous." His letter also complained that Inglis had failed to secure Kambanda's sole request in his plea agreement: the protection of his family in exile. On October 5, the registry informed the disillusioned Prime Minister than Scheers past disciplinary problems made him an unacceptable choice. But Kambanda, now conscious of the importance of good counsel, has not given up Scheers. In a swift reply dated October 9, the convicted Prime Minister asked the registry for "authorization which has been up to now been refused." He pressed for the right to receive visits from his lawyer, Johan Scheers, at the detention center of the U.N. in the Hague, although this lawyer has not been assigned to him by the registry. FS/FB/FH (KM&1015A)
FORMER PRIME MINISTER FILES AN APPEAL AGAINST HIS LIFE SENTENCE
Arusha, 7th Sept 98 (98) - Former Rwandan prime minister Jean Kambanda filed an appeal against the life sentence passed on him last Friday by the International Criminal Tribunal for Rwanda (ICTR), the Hirondelle independent press agency learned on Monday.
The registry of the ICTR confirmed the appeal was filed Monday morning. Asked by Hirondelle, Kambanda's defence Council, Michael Oliver Ingliss also confirmed the appeal, explaining that "the sentence is excessive [...]. It did not take into consideration the guilty plea by my client" he added.
According to the Camerounian defence lawyer, Jean Kambanda, 42, desserves a lesser punishement for his co-operation with the prosecution.
"The Court did not take into consideration the willingness expressed by my client to assist [the prosecution] in seeking truth about the genocide", Michael Ingliss said.
Asked by Hirondelle at his office in Kigali, deputy prosecutor Bernard Muna who handled Kambanda's case said : "Kambanda's right of appeal is not linked to his cooperation with us." According to the prosecution, Kambanda is expected to be a key witness in the upcoming trials of former military and political officials accused of genocide atrocities committed under his government.
Noting that Kambanda was sentenced to the maximum penalty -- life emprisonnement -- Muna added : "The appeal Court will have to clarify Article 23-II of the Statute". Article 101 of the Rule of Procedure, refering to Article 23 of the Statute, says that the Trial Chamber shall take into account [...] any mitigating circumstances including the substantial co-operation with the Prosecutor".
As the judgement was handed down last Friday, Muna described the sentence as fair, but "very tough" and acknowledged that it could dissuade more accused from admitting to their crimes. Furthermore, some observers wonder whether the former Prime Minister himself will continue to co-operate with investigators after receiving the maximum sentence.
The prosecution had asked the court for a life jail term for Kambanda, but also said it should take into account his admission of guilt and his willingness to testify in other cases.
Kambanda had himself on May 1 pleaded guilty to genocide and crimes against humanity. According to the rules of the Tribunal, a guilty plea automatically does away with the need for presentation of evidence by a defence counsel, and the proceedings moved directly to pronunciation of sentence.
Kambanda was interim prime minister in Rwanda between April 8 and mid-July, 1994, during the genocide of more than half a million minority Tutsis and political opponents.
Kambanda is the first person to be convicted of genocide in an international Court since the 1948 Genocide Convention, signed in the wake of World War II and the Nuremberg and Tokyo warcrimes trials.
SC/FB/PHD/FH (KM&0907E)
FORMER RWANDAN PRIME MINISTER WHO PLEADED GUILTY OF GENOCIDE GETS LIFE IN PRISON
Arusha, 4th September 98 (FH) - The former Rwandan Prime Minister Jean Kambanda who pleaded guilty to genocide in May was sentenced to the maximum penalty of life in prison on Friday by the International Criminal Tribunal for Rwanda (ICTR).
Judge Laity Kama, the president of the Tribunal, noted that Kambanda's guilty plea and "substantial co-operation" with investigators had been taken into account, but that the former Prime Minister's major role in the genocide prevented a lighter sentence.
"Jean Kambanda has not provided any explanation for his voluntary participation in the genocide nor has he expressed contrition, regret or sympathy for the victims in Rwanda even when given the opportunity to do so." Kama said, referring to Thursday's pre-sentencing hearing, when Kambanda declined to speak in his own defence.
Kambanda pleaded guilty in a plea agreement signed last April in which he admitted to facilitating the widespread massacres of Rwanda's Tutsi minority.
Defence lawyer Oliver Ingliss requested a maximum sentence of two years in prison on Thursday after describing the former Prime Minister as a "puppet" of the military extremists who took power after the death of Rwanda's president in 1994 and massacred over half a million civilians.
Prosecutor Bernard Muna said he welcomed the sentence --which he described as "very tough" -- but acknowledged that it could dissuade more accused from admitting to their crimes.
"The incentive is not really there now," said Muna in an interview with reporters.
According to the prosecutor, at least one of the accused was on the verge of pleading guilty and Kambanda's sentencing might affect that decision.
But at a press conference, the Prosecutor stressed that Kambanda's guilty plea and co-operation secured the protection of his wife and two children who have experienced threats and intimidation in exile.
"It cannot be said that they do not derive any advantage from pleading guilty," Muna said. "He can sleep well for the time being knowing that his wife and children are being taken care of."
Kambanda is expected to be a key witness in the upcoming trials of former military and political officials accused of genocide atrocities committed under his government, but some observers now wonder whether the former Prime Minister will continue to co-operate with investigators after receiving the maximum sentence.
Tribunal rules allow a reduction in sentence at later date, Judge Laity Kama told reporters that a press conference.
Kambanda is the first person to be convicted of genocide since the 1948 Genocide Convention.
ICTR spokesmen say it has not yet been decided where the former Prime Minister will serve his sentence, but that the prison must meet the United Nations standards.
FS/FB/PHD/FH (KM&0904F)
DEFENCE LAWYER ASKS FOR TWO YEARS FOR FORMER PM CONVICTED OF GENOCIDE, THE PROSECUTION FOR LIFE IMPRISONMENT
Arusha, 3 September 98 (FH) - The defence lawyer for Jean Kambanda, the former Rwandan prime minister who pleaded guilty to genocide last May, argued on Thursday that his client should be sentenced to no more than two years in prison.
The prosecution asked for life imprisonment, which is the maximum punishment that the United Nation's court can impose, but asked the Judges to take into consideration Kambanda's confession and substantial co-operation with the investigation team.
When Kambanda pleaded guilty to six counts of genocide and crimes against humanity last May in what many see as a plea bargain, prosecutors promised protection for his family.
Although the details of that agreement are sealed until after sentencing, prosecutors say they expect Kambanda to testify in the genocide trials of former military leaders and government ministers later this year.
"Diminished role" said defence lawyer
Addressing a three-judge panel at the International Criminal Tribunal for Rwanda, (ICTR), defence counsel Oliver Michael Ingliss said that Kambanda had played a "diminished role" in Rwanda's 1994 genocide and that he had co-operated fully with prosecution investigators.
"We will be sorely disappointed if any sentence greater than 2 years is imposed," Ingliss said. "Two years is quite enough time for him to reflect, give an hand [to the prosecution] and be an example to others, to rebuild the country : ethnic hate must disappear" he added.
Ingliss began his speech by noting the "incomprehensible" magnitude of the genocide crimes and he ended by saying that Rwanda needed national reconciliation after half a million of its Tutsi ethnic minority and a number of political opponents were massacred in three months in 1994.
From April 8th to Mid July 94, Jean Kambanda was Prime Minister of the interim government that unleashed a wave of violence against Tutsis and moderate Hutus following the assassination of President Habyarimana and resulted in the murder and displacement of millions of Rwandan citizens.
Kambanda's defence lawyer portrayed him as a man with "no high political ambitions" appointed Prime Minister against his will in the early hours of the genocide by military extremists who might have killed him if he had refused.
Tape recordings show that Kambanda promoted widespread killing of Tutsi civilians over the radio and at public rallies in his position as Prime Minister and spokesman of the Interim government. Kambanda pleaded guilty to ordering the extermination of Tutsis and moderate Hutus at roadblocks and travelling the country to congratulate the perpetrators of massacres.
Kambanda declines the opportunity given to him by judges to speak in his own defence before the panel and the press-filled public gallery.
"I think he showed enough remorse in his confession…He was not here to put on a show…" Ingliss said later.
Kambanda is the first leader to plead guilty of genocide. Judges will announce his sentence on Friday.
FS/FB/FH (KM&0903E)
SEALED PACT TO BE DISCLOSED AFTER PRIME MINISTER IS SENTENCED, REGISTRY SAYS
Arusha, 1st September 98 (FH) - Details of a deal between former Rwandan Prime Minister Jean Kambanda and the prosecution of the International Criminal Tribunal for Rwanda (ICTR) may be released to the public after sentencing, a Tribunal spokesman said at a press conference on Tuesday.
In a form of plea bargain, Jean Kambanda pleaded guilty to six counts of genocide and crimes against humanity last May. Although the signed agreement has been sealed, the prosecution has confirmed that Kambanda will testify against others indicted for genocide in the wave of violence that killed and displaced millions of Rwandans in 1994.
The former Prime Minister of Rwanda's interim extremist government may have agreed to cooperate with prosecutors in exchange for a lighter sentence or to ensure protection of his wife and two children, legal counsel says.
Asked by the Hirondelle Press Agency, Tribunal spokesman Kingsley Moghalu said that while he expects to release the details of the deal after Kambanda's sentencing, the final decision rests with the president of the Tribunal.
"I don't expect him (the Tribunal's president) to object to its being released to the media," Moghalu said. "We feel it will be beneficial to release because we feel it will help the process of national reconciliation in Rwanda."
Kambanda's sentencing will follow closely after the verdict of Jean Paul Akayesu, a Mayor who pleaded not guilty to fifteen counts of genocide and has been on trial since January of 1997.
Defence lawyers say they expect the Tribunal's first two sentences to affect the plea decisions of other accused. At the press conference, Moghalu stressed that he could not predict how Kambanda's guilty plea and sentencing might change future cases.
"We will just have to wait and see," he said.
FS/FB/FH (KM&0901E)
FORMER RWANDAN PRIME MINISTER TO APPEAR IN WAR CRIMES COURT FOR PRE-SENTENCING SESSION
Arusha, 21 August, 1998 (FH) - Former Rwandan Prime Minister Jean Kambanda is to appear before the International Criminal Tribunal for Rwanda (ICTR) on September 3rd for a pre-sentencing session.
On May 1st this year Kambanda pleaded guilty to six charges including genocide, conspiracy to genocide, incitement to genocide, complicity in genocide and crimes against humanity.
Prime Minister of the interim government of Rwanda during the genocide of 1994, Kambanda is the only accused held by the ICTR to have pleaded guilty. The plea did away with the need for presentation of defence, and moved proceedings immediately to the sentencing procedure.
The date of the pre-sentencing session was confirmed Friday by the ICTR administration. It will involve arguments from both prosecution and defence lawyers as to the appropriate length of sentence to be passed. Although this is standard practice, it is of particular interest in Kambanda's case because of his unique co-operation with the ICTR. An agreement has already been reached between Kambanda and the prosecution, details of which should be released only after sentencing, but which could mean the former Prime Minister testifying against other accused in the future.
Kambanda's guilty plea represented a breakthrough for the judicial procedure at the ICTR. The admission from such a heavyweight political figure that a genocide did take place in Rwanda in 1994 stands in strong contrast to the denials of his former colleagues, and his testimony could be invaluable to the prosecution in establishing the level of collusion between political, civil and military players in the planning and carrying out of the killings.
The indictment against Kambanda refers to him as having exercised "de jure" authority over the members of his government, as well as senior civil servants and military officers. Details are given of a number of government meetings presided over by Kambanda in which ongoing massacres of the civilian population were discussed without any action being taken to ensure their security.
The indictment says that Kambanda "clearly gave his support" to the Radio Television Libre des Milles Collines (RTLM), in the knowledge that it was broadcasting incitement to kill and persecute Tutsis and moderate Hutus. It adds that, on one occasion, Kambanda went on air specifically stating that RTLM was "an indispensable weapon in the fight against the enemy".
Kambanda is described as having ordered the setting up of roadblocks at which Tutsis were identified and killed, and as having distributed arms and ammunition to members of militia and political parties, knowing that they would be used to massacre civilians.
Background
Jean Kambanda was Prime Minister of the interim government of Rwanda at the time of the genocide, between April 6th and July 17th 1994. The indictment against him describes him as having exercised de jure and de facto control over government ministers, senior civil servants and military officers during the massacres of Tutsis and moderate Hutus which claimed over half a million lives in four months.
Born on 19th October 1955 in the commune of Gishamvu in the southern Rwandan prefecture of Butare, the softly spoken economist did not at first appear to be a candidate for high ministerial duty. The slim man with the fashionable beard and sparkling eyes behind black sunglasses rose to become part of the executive committee of the savings and credit bank Union des Banques Populaires.
With Swiss backing, the bank promoted economic development rural areas, where Kambanda first came into contact with what the politicians called the "rural masses". It is thought that this experience, and the influence it gave him over a key element of the Rwandan electorate, gave Kambanda a taste for a political career when multi-partyism made a comeback in Rwanda in June 1991.
Kambanda became one of the first members of the Mouvement Democratique Republican (MDR). This had been the party of former President Gregoire Kayibanda, who was overthrown in July 1973 by General Juvenal Habyarimana. Kambanda was elected vice president of the MDR in his prefecture of origin, Butare, where the party enjoyed strong support.
During the course of the 1990-92 conflict between the Rwandan government and the then rebel army of the Rwandan Patriotic Front, the MDR split into two factions, a moderate element in favour of peace negotiations, and an opposing hardline group "Power" which included Kambanda.Among the moderate elements of the party was Agathe Uwilingiyamana, Kambanda' senior in the Butare MDR. As candidate for Prime Minister of an interim government on the path to power-sharing with the RPF, she was consistently opposed by the "Power" element of the MDR, who promoted Kambanda for the position.
Uwilingiyamana was eventually appointed interim Prime Minister in terms of the ill fated Arusha Peace accords of August 1993, and she was one of the first high profile victims of the killings which began on April 6th 1994. After her death, the hardliners again put Kambanda forward as interim Prime Minister, and this time the nomination was successful.
On the afternoon of 8th April 1994, an interim government was formed at the Ministry of defence in Kigali, without a single Tutsi minister or any member favourable to negotiations with the RPF. The government was headed by Jean Kambanda, who remained in power until he fled into exile in mid July 1998.
AC/FB/PHD/FH (KM&0821F)
FORMER RWANDAN PRIME MINISTER PLEADS GUILTY BEFORE UN COURT
(adds background)
Arusha 1st May 1998 (FH) - The former Prime Minister of Rwanda, Jean Kambanda has pleaded guilty to all six charges against him at the UN war crimes tribunal, opening the way for speedy sentencing and the possibility of his testifying in other trials, reports the Swiss based independent press agency Hirondelle.
There had been speculation for some time that Kambanda would plead guilty as a form of plea bargaining. The special treatment he has received since his arrest on July 18th last year was taken to indicate his cooperation with the International Criminal Tribunal for Rwanda (ICTR).
He has routinely been transported separately from the other accused, and has been held in a safe house in Dodoma in central Tanzania, while other accused are detained in Arusha where the Tribunal sits.
The former Prime Minister himself requested on two occasions last year that he remain in detention. Until recently he had refused legal counsel, saying that he would defend himself, a move which first suggested that he might plead guilty to the charges against him.
According to the rules of the Tribunal, a guilty plea automatically does away with the need for presentation of evidence by a defence counsel, and the proceedings move directly to pronunciation of sentence.
In March this year, however, Kambanda decided to accept the counsel of Cameroonian lawyer Michael Oliver Ingliss, suggesting that he might testify in future against other accused at the ICTR. It was the reveleaded Friday morning, that a sealed agreement between the accused and the prosecution as been entered at the registry.
Jean Kambanda was Prime Minister of the interim government of Rwanda at the time of the genocide, between April 8th and July 17th 1994. The indictment against him describes him as having exercised de jure and de facto control over government ministers, senior civil servants and military officers during the massacres of Tutsis and moderate Hutus which claimed over half a million lives in four months.
Born on 19th October 1955 in the commune of Gishamvu in the southern Rwandan prefecture of Butare, the softly spoken economist did not at first appear to be a candidate for high ministerial duty.
The slim man with the fashionable beard and sparkling eyes behind black sunglasses rose to become part of the executive committee of the savings and credit bank Banque Populaires.
Kambanda became one of the first members of the Movement Democratique Republican (MDR). This had been the party of former President Gregoire Kayibanda, who was overthrown in July 1973 by General Juvenal Habyarimana.
Kambanda was elected vice president of the MDR in his prefecture of origin, Butare, where the party enjoyed strong support. During the course of the 1990-92 conflict between the Rwandan government and the then rebel army of the Rwandan Patriotic Front, the MDR split into two factions, a moderate element in favour of peace negotiations, and an opposing hardline group "Power" which included Kambanda.
Among the moderate elements of the party was Agathe Uwilingiyamana, Kambanda'senior in the Butare MDR. Then Prime Minister of a coalition government favoring a power-sharing with the RPF, she was consistently opposed by the "Power" element of the MDR.
The hardliners promoted Kambanda as Prime minister of the broaded-based transitional governement, set up by the Arusha Peace Agreement, which were never implemented, due to the genocide.
Uwilingiyamana was one of the first high profile victims of the killings which began on April 8th 1994. After her death, the hardliners again put Kambanda forward as interim Prime Minister, and this time the nomination was successful.
AC/FB/FH (KM&0501E)
FORMER RWANDAN PRIME MINISTER TO PLEAD BEFORE UN COURT
Arusha, 28 April 98 (FH) - The former Prime Minister of Rwanda, Jean Kambanda is to enter a plea before the International Criminal Tribunal for Rwanda (ICTR) on Friday 1st May, according to a report on Monday evening. Kambanda is charged with genocide and crimes against humanity.
The date of 1st May, usually observed as an official holiday by the United Nations, was confirmed on Tuesday morning by Tribunal officials.
As former Prime Minister of the interim government in power in Rwanda during the genocide of 1994, Kambanda has been detained by the Tribunal for the last nine months.
According to the indictment of 17 October 1997, Kambanda (43) is charged with genocide, conspiracy to commit genocide, direct and public incitement to commit genocide, complicity in genocide and crimes against humanity.
Kambanda was arrested in Kenya, on 18 July 1997 in a joint operation between Kenyan, Rwandan and tribunal authorities.
Since his arrest he has routinely been transported and housed separately from the other accused. This special treatment has led to speculation that the former Prime Minister may be willing to co-operate with the ICTR, possibly being called upon to appear as a witness in other trials.
Twice last year, he himself requested that he remain in detention. In September 1997, he also refused legal counsel, telling the court "I know my rights and what I am accused of, I know I may have a lawyer, but I don't need one at the moment".
He changed his mind, however, in mid March 1998, and the ICTR has announced that he will be defended by Cameroonian lawyer Michael Oliver Ingliss.
The indictment against Kambanda describes him as exercising "de jure" authority over the members of his government, as well as senior civil servants and military officers. Details are given of numerous government meetings presided over by Kambanda at which ongoing massacres of the civilian population were discussed without any action being taken to ensure their security.
The indictment shows that Kambanda "clearly gave his support" to the Radio Television Libre des Mille Collines (RTLM), in the knowledge that it was broadcasting incitement to kill and persecute Tutsis and moderate Hutus. It adds that on one occasion, Kambanda went on air specifically to state that RTLM was "an indispensable weapon in the fight against the enemy".
Kambanda is described as having ordered the setting up of roadblocks where Tutsis were identified and killed, and as having distributed arms and ammunition to members of militias and political parties, knowing that they would be used to massacre civilians.
AC/JK/FB/FH (KM&04288E)