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| * JUNE 28th, 2002
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ICTR/CYANGUGU
CYANGUGU TRIAL RESUMES ON MONDAY
Arusha, June 28th, 2002 (FH) The trial of two politicians and a military official accused of genocide crimes in Cyangugu (southwest Rwanda) is
scheduled to resume on Monday July 1st before the International Criminal Tribunal for Rwanda (ICTR).
This trial groups former Transport Minister André Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty.
The trial was adjourned on May 29th, after the testimony of the twenty-seventh defence witness for Ntagerura. The witness, a former Rwandan Minister for Justice Charles Nkurunziza said in his testimony that the 1994 killings in Rwanda were not an ethnic or tribal issue but a power struggle.
After Nkurunziza's testimony, Ntagerura's defence informed the court of the schedule of the next witnesses who are to be heard when the case resumes. Ntagerura himself is expected to testify as the last factual witness, after the testimony of several expert and factual witnesses. His co-accused will start presenting their cases on completion of Ntagerura's.
According to lead counsel Benoit Henry of Canada, Ntagerura's defence expects to complete its case during the next trial session that starts on Monday.
The trial is before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/JA/DO/FH (CY-0628e)
* JUNE 28th, 2002
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ICTR/ BUTARE
BUTARE TRIAL ADJOURNED TO OCTOBER AS PROTESTS BAR WITNESSES
Arusha, June 27th, 2002 (FH) The International Criminal Tribunal for Rwanda (ICTR) on Thursday adjourned until October 24th, the trial grouping the largest number of genocide suspects in a joint case as problems of witness travel from Rwanda to Arusha continue to plague the Tribunal.
The 'Butare Trial' involving six individuals accused of genocide crimes in Butare province south of Rwanda was adjourned for the seventh consecutive time, when the prosecution informed the court that expected witnesses had once again failed to leave Kigali for Arusha.
The Butare trial groups former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko and her son Arsene Shalom Ntahobali, former Butare prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
On Wednesday, the proceedings were adjourned on the understanding that witnesses would arrive within the course of the day for the hearing on Thursday. But on resumption an official from the ICTR witness protection unit Canadian Paul Farrel told the court that owing to demonstrations (by associations of genocide survivors) in front of the ICTR office in Kigali, the witnesses were removed from Kigali to an area of safety.
Two key associations of survivors in Rwanda namely IBUKA and AVEGA have cut links with the Tribunal and urged their members not to come to Arusha to testify before the ICTR. The call led to a temporary blockage in the Butare trial proceedings when witnesses stopped coming to Arusha.
On Thursday, sources indicated that these associations were behind the protests in at the ICTR office in Kigali.
The prosecution said that the witnesses were unable to travel to Arusha as scheduled. Prosecutor Jonathan Moses of New Zealand said that apart from efforts by the ICTR witness protection unit to have them travel to Arusha, the ICTR Registrar (Senegalese Adama Dieng) and the Prosecutor (Swiss Carla del Ponte) were in Rwanda and would attend a high level meeting with the
country's President, Paul Kagame.
The current 'witness crisis' started on June 10th, when the witness protection unit informed the Trial Chamber that new regulations introduced by the Rwanda government had prevented witnesses from travelling to Arusha to testify. The court heard that there were documents required from the witnesses which were difficult to obtain.
An adjournment was granted and another on June 11th, then more on June 17th, 19th, 24th, 26th and then on Thursday. On June 19th, the Tribunal made an order to the Rwanda government to cooperate with the ICTR and to facilitate the travel of witnesses.
The defence argued that the Rwanda government was acting in contempt of the Tribunal order. Nyiramasuhuko's lead counsel Canadian, Nicole Bergevin maintained that, "the court should condemn publicly the illegal behaviour of the Kigali government towards this Tribunal."
Nteziryayo's counsel Frederic Titinga Pacere of Burkina Faso said that what the government of Rwanda was doing does not live up to the expectations of the international community. He argued that what the survivor groups are saying reflects the position of the authorities in Rwanda. Pacere wanted the names of witnesses who have had their testimonies delayed struck off the list of the prosecution witnesses.
Nsabimana's counsel Cameroonian Charles Tchakounte Patie stated that a lot of judicial time was going to waste and that the trial should be adjourned until the problem was solved.
The Chamber said the trial would be adjourned to October 14th, and that the court reiterates its decision of June 19th.
This trial is before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson of Madagascar and Winston Churchill Matanzima Maqutu of Lesotho. This Trial Chamber is also hearing the case of former Mukingo mayor Juvénal Kajelijeli and that of former Education Minister, Jean de Dieu Kamuhanda.
SW/JA/FH (BT-0627e)
* JUNE 24th , 2002
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ICTR/ NIYITEGEKA
NIYITEGEKA TRIAL ADJOURNED TO WEDNESDAY
Arusha, June 24th, 2002 (FH) The President of the International Criminal Tribunal for Rwanda (ICTR) South African Judge Navanethem Pillay on Monday adjourned the trial of former Minister of information in the Rwandan interim government, Eliézer Niyitegeka.
Judge Pillay, who is presiding this case in ICTR's Trial Chamber One, said the case would resume on Wednesday afternoon. The adjournment is to allow prosecution witnesses time to travel to Arusha.
Prosecutor Kenneth Fleming made an application for the adjournment, saying that the situation the prosecution was facing was inevitable. "What we have is an unusual circumstance," said Fleming. He also urged the court to take into account the magnitude and complexity of the crime the accused in the case is facing.
The case was previously adjourned last Thursday, when the prosecution said that new travel documentation introduced by the Rwandan government had hampered the travel of the witnesses. The chief of the witness protection unit Pakistani, Saleem Vahidy informed the court that witnesses now required documents that were not earlier required and that this took time. He
added he could not give any guarantee on the arrival of any of the witnesses. On Thursday the court ordered the Rwandan authorities to facilitate the travel of witnesses.
On Monday, Vahidy said last week's court order had been conveyed to officials of the Rwanda government. He added that two of the required set of documents had been obtained for a number of witnesses and that his
department was still pursuing the remaining ones.
In its Monday decision, the court said that in the light of more information from the ICTR witness protection unit and given that the order to the Rwandan government was made on Thursday, it was not only courteous but also reasonable that the government would need some time to react to the decision.
Only two witnesses have testified since the trial of the former minister started on June 17th; a prosecution investigator, Dutch policeman, Antonio Leucassen and a protected witness, "GK". The case was adjourned after the testimony of GK, when the court issued an order to the Rwandan government to cooperate
with the Tribunal and facilitate the travel of witnesses.
Niyitegeka faces ten charges including genocide, conspiracy to commit genocide, direct and public incitement to genocide, rape and murder.
The prosecution says the accused is responsible for massacres committed in Bisesero (Kibuye province, western Rwanda) and elsewhere in the country, between the 6th April and the 17th July 1994.
Sylvia Hannah Geraghty of the United Kingdom representing (lead counsel) and Feargal Kavanagh of Ireland (co-counsel) are representing Niyitegeka.
Kavanagh were opposed to an adjournment being granted to the prosecution, saying it infringed the rights of his client.
The Niyitegeka trial is being held before Trial Chamber One of the ICTR, comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.
SW/JA/FH (NI-0624e)
JUNE 24th, 2002
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ICTR/ BUTARE
BUTARE TRIAL ADJOURNED YET AGAIN
Arusha, June 24th, 2002 (FH) The biggest trial before the International Criminal Tribunal for Rwanda (ICTR), grouping six persons accused of genocide in Butare (south of Rwanda), was on Monday adjourned for the fifth time, because of a lack of witnesses.
The hearing was delayed and then adjourned last week, when the ICTR witness protection unit informed the court of difficulties in bringing witnesses from Rwanda to Arusha. The chief of the ICTR witness protection section Pakistani, Saleem Vahidy, said that the expected witnesses could not travel from Kigali to Arusha following measures introduced by the Rwandan immigration services.
The court issued an order that the Rwanda government facilitate the travel of witnesses to the Tribunal.
On Monday Vahidy said that he learnt only that morning, one of the requirements, described as the most difficult to fulfil had been dropped. The ICTR official, in response to questions by the defence counsel, explained that witnesses had been required to get a number of certificates in addition to verification of their identity cards.
The Butare case groups former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko and her son Arsene Shalom Ntahobali, former Butare
prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
Commenting on the issue last week, Rwandan special envoy to the Tribunal Martin Ngoga stated that his government was not blocking witnesses from travelling and that the new measures were an initiative to correct the "indifference" that the government has had regarding the process of issuing travel documents to the witnesses coming to testify in Arusha.
In his ruling on Monday, presiding Judge Tanzanian William Hussein Sekule said, "in the light of the observation by Vahidy the trial chamber decides to
adjourn proceedings". He said that although the Chamber understood the concerns expressed by the counsel on both sides, the cause of justice must
remain clear and "we must remain focused." He added that any opportunity that may enhance the cause of justice must be explored.
Defence counsel expressed concern over the new rules introduced by the Rwanda government in relation to witness protection. They also speculated that maybe even more requirements would be asked of the witnesses, since the rules had been changed suddenly and without any notice.
"When we notice this morning we're still not out of the woods, maybe another (rule) will be required next week," said Canadian, Michel Marchand lead counsel for Kanyabashi.
Nyiramasuhuko's counsel Canadian, Nicole Bergevin said that by adjourning the proceedings "incurable prejudice" had been caused to her client.
Other defence counsel asked for an indication as to when the situation would improve so that a definite trial date could be set. The defence also asked for a
written report on the requirements that the Rwandan government is asking the proposed witnesses.
Prosecutor Silvana Arbia of Italy, said that there was some positive development according to Vahidy and that the trial would proceed soon.
The court ruled that proceedings resume on Wednesday morning and that the witness protection unit keep all parties informed of any progress. This trial is before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho).
SW/JA/FH (BT-0624f)
JUNE 19th, 2002
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ICTR/ BUTARE
TRIBUNAL ORDERS RWANDA GOVERNMENT OVER WITNESSES TRAVEL
Arusha, June 19th, 2002 (FH) The International Criminal Tribunal for Rwanda's (ICTR) trial Chamber Two on Wednesday made an order that the Rwandan government should facilitate the travel of witnesses coming to testify before the Tribunal. The Chamber is hearing the 'Butare trial' which has suffered from delays because witnesses have not appeared.
Presiding Judge Tanzanian William Hussein Sekule, said that new travel procedures introduced by Rwanda recently had directly affected the hearings leading to inability of the court to proceed. He noted that the statute of the Tribunal was binding upon states to cooperate with it and also to act with all due diligence.
"In the light of the foregoing, this chamber asks the Rwanda government to facilitate to allow the court to proceed," Judge Sekule said.
He instructed the Tribunal Registry to inform the Rwanda Government of the court order and of its intention to continue with proceedings on June 24th, 2002.
On Monday, the trial was again delayed due to lack of prosecution witnesses. The chief of the ICTR witness protection section Pakistani, Saleem Vahidy, said that the expected witnesses could not travel from Kigali to Arusha following measures introduced by the Rwandan immigration services. He had estimated that the witnesses would arrive on Wednesday but this was not the case.
The Butare case groups six accused, the largest number of people in a joint trial before the Tribunal. They are the former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko and her son Arsene Shalom Ntahobali, former Butare prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
On Tuesday, Rwandan special envoy to the Tribunal Martin Ngoga said in press conference that his government was not blocking witnesses from travelling and that the new measures were an initiative to correct the indifference that the government had shown over the process of issuing travel documents to witnesses coming to Arusha.
Ngoga said that what was being asked of the proposed witnesses were ordinary documents that every person is asked to produce when looking for a travel document. "There is no omission and there is no addition," said the envoy.
He added that in this case it is the ICTR, which has to produce the papers because it is the one that locates the witnesses and that it would be easy to obtain the required documents.
The Butare trial has had to be adjourned a number of times due to lack of witnesses. Two key groups of genocide survivors in Rwanda - IBUKA - an umbrella organisation for survivors' associations and AVEGA - an association of genocide widows - declared their withdrawal of cooperation with the Tribunal citing the 'harassment of witnesses' among other grievances. IBUKA recently reiterated its stand.
Defence counsel for the accused have argued that the prosecution should close its case, saying that they cannot wait endlessly until Rwanda ultimately decides when the witnesses would travel.
They questioned why the prosecution was "obsessed" with witnesses in Rwanda instead of looking for others elsewhere. They argued that the ICTR witness protection unit, which deals with the witnesses travel issues, was "giving empty hope, futile expectation."
Prosecutor Silvana Arbia maintained that the prosecution had not completed its case and that witnesses were willing to come and testify. She suggested that the Rwanda government answers directly to the court on the issue of witnesses' travel procedure.
The court is anticipating a response on the progress of its order by Friday June 21st, 2002. This trial is being heard by ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho).
Similar decisions
In the meantime, another ICTR Trial Chamber on Wednesday afternoon made a similar ruling to that of Trial Chamber Two because of the lack of witnesses. Presiding Judge South African Navanethem Pillay made the ruling in the trial of former minister of information in the Rwandan interim government, Eliézer Niyitegeka.
The trial, which opened on Monday will be adjourned after the testimony of the second prosecution witness known only as "GK" who is expected to complete giving evidence today. There are no more witnesses currently available as those expected from Rwanda were unable to travel.
Judge Pillay asked the ICTR registry to transmit a copy of the court's decision to Rwandan authorities. Proceedings were adjourned until June 24th, 2002.
The Niyitegeka trial is being held before Trial Chamber One of the ICTR, comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.
SW/JA/FH (BT-0619e)
JUNE 19th, 2002
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ICTR/ NIYITEGEKA
NIYITEGEKA TRIAL ADJOURNED TO NEXT WEEK
Arusha, June 19th, 2002 (FH) The trial of former minister of information in the Rwandan interim government, Eliézer Niyitegeka was on Wednesday adjourned to next week Monday by the International Criminal Tribunal for Rwanda (ICTR) because of the lack of prosecution witnesses.
The trial, which opened on June 17th, was adjourned after the witness known only as "GK" for the protection of his identity completed giving his evidence. There are no more witnesses currently available as those expected from Rwanda were unable to travel.
Before GK started his testimony, the court made an order that the Rwanda government comply with the Statute of the Tribunal, which was binding upon states to cooperate with it; and to facilitate the travel of witnesses to Arusha.
The judges regretted that a UN plane had made two scheduled flights to Kigali and returned empty. They deplored the waste of time and resources.
Presiding Judge South African Navanethem Pillay said that the court wished to draw to the attention of the Rwandan authorities to the legal provisions of the Tribunal, which prevail over national law.
Judge Pillay directed the Registry to transmit a copy of the court's decision to the Rwandan authorities adding that the decision unanimous.
Niyitegeka faces ten charges including genocide, conspiracy to commit genocide, direct and public incitement to genocide, rape and murder. He has pleaded not guilty.
The first witness in the trial was a prosecution investigator, Dutch policeman, Antonio Leucassen, who showed photographs of sites of alleged massacres. Witness GK who testified next told the court that the massacres in Kibuye started later than they did in other areas.
According to the witness, the accused incited the killings of Tutsis who took refuge in Kibuye hospital, fleeing from the attacks. GK told the court that he and others played a role in looking after some children who came to the hospital on May 1st, 1994. GK said the children had survived massacres in April and some were alive to-date.
GK described how they disguised refugees as sick people so that they could be accommodated in the hospital and regarded as patients to mislead the attackers. The witness was cross-questioned by Niyitegeka's co-counsel.
Sylvia Hannah Geraghty of the United Kingdom (lead counsel) and Feargal Kavanagh of Ireland (co-counsel) are representing Niyitegeka.
The Niyitegeka trial is being held before Trial Chamber One of the ICTR, comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.
SW/JA/FH (NI-0619f)
JUNE 19th, 2002
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ICTR/SEMANZA
TRIBUNAL TO DELIBERATE SEMANZA CASE AFTER FINAL ARGUMENTS
Arusha, June 19th, 2002 (FH) The trial of former Bicumbi mayor and genocide suspect Laurent Semanza closed officially on Wednesday before the International Criminal Tribunal for Rwanda (ICTR) with the final closing arguments by the prosecution and defence.
The case started on October 16th, 2000 and prosecutor Chile Eboe Osuji of Canada and Nigeria represented the prosecution while counsel Charles Taku of Cameroon and America and Sadikou Alao of Benin represented the accused.
In total the prosecution and defence presented fifty-four witnesses twenty-seven for each party. Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution, in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The prosecution maintains that Semanza committed some of the crimes between April 9th and 13th, 1994. But Semanza who testified in his own defence states that he left his residence on the night of April 8th and 9th in the direction of Gitarama (central Rwanda).
In his closing arguments, the bulk of which were delivered on Monday, Osuji asked the court to find the accused guilty of the charges against him and to sentence him for each count. He also asked the court not to give weight to the inconsistencies between the written testimonies of the prosecution witnesses and their testimonies in court. He said that this factor was not enough to disregard their testimonies, and that it was collective evidence presented that mattered.
In their argument, Semanza's defence asked the court to acquit their client because the prosecution had failed to challenge his defence of alibi. The defence maintained that the issue of contradictions in prosecution witnesses' testimonies was important and showed that the prosecution was unable to state directly how Semanza was responsible for the crimes he had been indicted for.
Semanza was arrested in Cameroon in 1996 and transferred the following year to the (ICTR) United Nations Detention Facility in Arusha. The accused was mayor of Bicumbi for over twenty years before becoming a trader and businessman at the end of his tenure.
The prosecution maintains that he was still "very influential politically" even after he was mayor. But his defence argued that Semanza held no political or government post during the 1994 events and that he was not as influential as the prosecution were portraying him.
In 2000 the Appeals Chamber of the ICTR stated that there had been irregularities during the provisional detention of the accused and that should he be declared innocent after his trial, he would be eligible for a financial compensation. The Chamber also added that if found guilty he would be eligible for a reduction of his sentence due to those irregularities.
At the close of the trial presiding Judge Russian Yakov Ostrovsky said: "This hearing is closed, judgement will be pronounced in public," adding that the date of the judgement would be communicated to the concerned parties in due course, after deliberations.
This trial was before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
GA/SW/JA/FH (SE-0619e)
JUNE 18th , 2002
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ICTR/ SEMANZA
PROSECUTION CASE FULL OF CONTRADICTIONS SAYS SEMANZA DEFENCE
Arusha, June 18th, 2002 (FH) Former mayor of Bicumbi, Laurent Semanza, was not as influential as the prosecution portrayed him and he could not have committed the crimes he is accused of, according to his defence, presenting its closing arguments at the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
"The prosecution evidence is so pregnant with material contradictions," said Semanza's defence, adding that it could not be relied on. The defence also criticised with their client's indictment, saying that the prosecution had presented unrelated events unfolding during times even outside the genocide period in unrelated localities.
"The prosecution put his net wide, so as to put the court on a voyage of discovery, to choose which facts fit what [accusation]," said Semanza's lead counsel Charles Taku of Cameroon and the USA.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The prosecution maintains that he was still very influential even after he was no longer mayor of Bicumbi. Prosecutor Chile Eboe-Osuji in his closing arguments on Monday told the court that Semanza had de facto or de jure authority in 1994.
Defence counsel Taku however argued that Semanza was no longer a government official during the 1994 events and that he did not wield political power. He also said that in an attack against his homestead in March 1994, Semanza's own daughter was shot dead and he was forced to flee to seek assistance.
"If he had de facto or de jure authority would he not have had soldiers guarding him - so is no longer a great burgomaster [mayor]?" said Taku. The prosecution had in its case referred to Semanza as the "Great Burgomaster".
The prosecution maintains that Semanza committed some of the crimes between April 9th and 13th, 1994. But Semanza took the witness stand in his own defence stated that he left his residence overnight on April 8th in the direction of the town of Gitarama.
On Monday the prosecution asked the court to find Semanza guilty on all the counts against him and to sentence him for each count.
Semanza's defence argued that the prosecution had failed to challenge of Semanza's alibi successfully. Co-counsel Sadikou Alao of Benin said that the three rebuttal witnesses called to challenge the alibi defence did not succeed in doing so. He described one of them, known as DCH, as having been "fabricated at the last minute".
The lawyer also questioned the credibility of another witness, known as XXK, who had testified that Semanza left Bicumbi on April 18th 1994. According to Alao the witness stated that her husband had died on the same day that the ex-mayor left Bicumbi, but she did not know the date of her husband's death. Alao questioned how she could have known of Semanza's departure and not of her husband's death, even though the events allegedly transpired on the same day.
Taku argued that there were pertinent issues concerning the credibility of the prosecution witnesses and these issues could not be thrown out with a wave of the hand. He said that some prosecution witnesses placed the accused at different locations on the same day. On example was the claim that he was seen on April 12th at 10am in the Musha area while another witness said that at the same time and on the same day he was in Mabare region.
Semanza's defence also argued that he had been detained unlawfully after his arrest and that legal provisions on the duration of detention before trial were not respected. His defence urged the court to acquit him.
They said that his was a protracted trial, which ought not to have come before the Tribunal because the ICTR was established to try the key authorities that committed crimes and Semanza was not one of them.
On Wednesday morning, the prosecution will respond to the defence arguments. This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The hearing started on October 16th, 2000.
SW/FH (SE-0618f)
JUNE 18th , 2002
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ICTR/ SEMANZA
PROSECUTION ASKS COURT TO REJECT ALIBI DEFENCE IN SEMANZA CASE
Arusha, June 18th, 2002 (FH) The prosecution in the case of former Bicumbi mayor Laurent Semanza on Monday in its closing arguments asked the International Criminal Tribunal for Rwanda (ICTR) to reject the accused's defence that he has an alibi covering the key period .
Semanza was mayor of Bicumbi, Kigali rural province, in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution, in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The prosecution maintains that Semanza committed some of the crimes between April 9th and 13th, 1994. But Semanza, who gave testimony on his own behalf, states that he left his residence in Bicumbi on the night of April 8th.
In his closing arguments, prosecutor Chile Eboe-Osuji of Nigeria and Canada stated that Semanza's defence counsel did not notify the prosecution of the accused's alibi, on time at the start of the trial in October 2000. He added that the accused did not develop the defence of alibi until after evidence given by French sociology professor Andre Guichaoua who testified in 2001.
In his evidence in April 2001, Guichaoua said that Semanza had been seen in another town, Gitarama, "on May 20th or around that date," and that he took part in meetings of the interim government, which had taken refuge there on April 11th, 1994.
Guichaoua, who testified again in rebuttal, on the issue of the potential alibi, said that the fact that Semanza was seen in Gitarama did not mean he could not have gone to Bicumbi.
Osuji underlined that before the evidence of Guichaoua, who, according to him, "inspired the defence", no witness had been cross-questioned in a manner to suggest that the accused would present an alibi as his defence. Counsel Charles Taku of Cameroon and the USA and Sadikou Alao of Benin are defending Semanza. They maintain that their client is a "victim of political vendetta".
In his arguments Osuji recalled the massacres and violence witnessed in the sectors of Muyumbu, Gahengeri, Mwulire, at the mosque in Mabare and the
church in Musha, between April 8th and 18th, 1994. He maintained that Semanza orchestrated, executed and supported the massacres.
Osuji said that these acts form the basis for the fourteen counts Semanza is facing and for which he has to be judged by the ICTR. Osuji also urged that the court sentence him for each count and to find him guilty on all counts. He asked the court not to consider the inconsistencies between the written statements and the testimonies before the court by witnesses, saying that these factors were not enough to reject the testimonies as not credible. The prosecutor said it was the collective evidence presented that would count.
Semanza was mayor of Bicumbi for more than twenty years and later became a businessman. In 1994, he was proposed as Member of Parliament by the former Presidential MRND party, as a representative at the national assembly of the transition government which was associated with the Rwandan Armed Forces (FPR) then in power.
The prosecution alleges that Semanza was still "very influential politically" in 1994 in Bicumbi even though he was no longer mayor. Osuji stressed that if
he did not exert de facto authority then he exerted de jure authority.
The defence started their closing arguments this morning, before Trial Chamber Three of the ICTR, composed of Judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The hearing started on October 16th, 2000.
GA/SW/JA/FH (SE-0618e)
JUNE 17th, 2002
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ICTR/ BUTARE
BUTARE CASE CRIPPLED BY LACK OF PROSECUTION WITNESSES
Arusha, June 17th, 2002 (FH) - The trial of six people accused of genocide crimes in Butare province, southern Rwanda, was again delayed at the International Criminal Tribunal for Rwanda (ICTR) on Monday, due to lack of prosecution witnesses.
The trial, which was adjourned last week, was yet again adjourned Monday morning, when the prosecution informed the court that scheduled witnesses were not available before Wednesday. The case started on June13th, 2001.
The Butare case groups former Minister for Family Affairs and Gender Issues, Pauline Nyiramasuhuko, and her son Arsene Shalom Ntahobali, former Butare
prefects Sylvain Nsabimana and Alphonse Nteziryayo, and former mayors of Ngoma, Joseph Kanyabashi and Muganza, Elie Ndayambaje. The Butare trial has the largest number of people in a joint trial before the ICTR.
The chief of the ICTR witness protection section, Pakistani, Saleem Vahidy, said that the expected witnesses could not travel from Kigali to Arusha following new measures introduced by the Rwandan immigration services.
In addition to local administrative procedures before obtaining travel documents, the ICTR also needs to give notice to the immigration service so that the witnesses can travel, Vahidy explained.
The ICTR official explained that they had learnt about the new requirement on Friday and that the notice had now been issued. He said hopefully the witnesses would travel on Tuesday. He added that it was not one hundred per cent certain, but estimated that the earliest they would be in court would be Wednesday.
Canadian defence counsel Nicole Bergevin representing ex-minister Nyiramasuhuko stated that the attitude of the authorities in Kigali towards enabling witnesses to travel had been encouraged by the fact that the ICTR prosecutor has asked for some trials be held in Kigali. Bergevin said that holding some trials in Kigali would mean there would be no justice.
Presiding Judge Tanzanian William Hussein Sekule stressed that the trial calls for the participation of a large number of people: six lead defence counsel,
their co-counsel, their assistants, the prosecution, the judges and all the personnel involved in the case. He said that a standstill in proceedings would be very costly for everyone.
The judge urged once again that the Rwandan authorities do all that is possible to facilitate the travel of witnesses to Arusha and to end the stagnation which is causing inconvenience to many people.
This trial is before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho).
BN/SW/FH (BT-0617e)
JUNE 17th, 2002
______________________________________________
ICTR/NIYITEGEKA
TRIAL OF EX MINISTER OF INFORMATION ELIEZER NIYITEGEKA OPENS
Arusha, 17th June 2002 (FH) - The trial of the former minister of information in the Rwandan interim government, Eliézer Niyitegeka, on genocide charges, opened on Monday morning at the International Criminal Tribunal for Rwanda (ICTR).
Arrested in Kenya on 9th February 1999, Eliézer Niyitegeka, 50 years old, faces ten charges including genocide, conspiracy to commit genocide, direct and public incitement to genocide, rape and murder.
The prosecutor of the ICTR says the accused is responsible for massacres committed in Bisesero (Kibuye province, western Rwanda) and elsewhere in the country, between the 6th April and the 17th July 1994.
The deputy prosecutor, Kenneth Fleming, told the court that as a minister, the accused had duty to accomplish loyally his tasks and had promised to promote the interest of the Rwandan people, according to the Constitution .
Kenneth Fleming underlined that on the contrary "we find him in the hills of Bisesero in the middle of leading attacks against the Tutsis".
"What he was engaged in is something similar to a turkey shoot," Fleming claimed. The prosecutor alleged that the estimated 50,000 refugees in Bisesero were armed with sticks while the accused had a fire-arm.
According to the prosecution Eliézer Niyitegeka directed and ordered the massacres of civilians and personally took part in attacks intending to destroy in whole or in party the Tutsi ethnic group.
The prosecutor says that during the formation of the interim government on 8th April 1994 many member of the cabinet including Eliézer Niyitegeka supported a plan for exterminating the Tutsis and took the necessary means to carry it out.
"The charges against the accused are that he was present, he distributed arms, he encouraged the genocide." said the prosecutor.
EN is also accused of rape. According to the prosecution indictment, on or around 20th May a girl was forced to get into Eliézer Niyitegeka's vehicle, where he raped her. When the victim got out the accused himself shot her.
The indictment also says that in another incident the accused forced a couple who were driving, off the road. They were then shot and the accused ordered his supporters to take off the girl's clothes, cut a piece of wood and put it in her vagina.
The accused, who has pleaded not guilty, is being represented by Sylvia Hannah Geraghty of the United Kingdom (lead counsel) and Feargal Kavanagh of Ireland (co-counsel).
The first witness in the trial was a prosecution investigator, Dutch policeman Antonio Leucassen, who showed photographs of sites of alleged massacres.
The Niyitegeka trial is being held before Trial Chamber I of the ICTR, comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.
AT/JA/FH (NI-0617e )
JUNE 10th , 2002
______________________________________________
ICTR/BUTARE
RWANDA DELAYS TRAVEL OF GENOCIDE WITNESSES, SAYS TRIBUNAL OFFICIAL
Arusha, June 10th, 2002 (FH) - Eight prosecution witnesses scheduled to testify at the International Criminal Tribunal for Rwanda (ICTR) are stranded in the Rwandan capital, Kigali due to new travel procedures imposed by the government, Salim Vahidy, the chief of the ICTR witnesses and victims support section told court on Monday.
"A last minute change of existing procedures put us in a difficult position to complete the required new procedures", said Vahidy. He added that the situation might be resolved in about three days.
Defence counsels in the 'Butare trial' all strongly condemned the Rwandan government for "interfering and hampering trials". "This tribunal, if it has to be an independent tribunal shouldn't be at the mercy of Rwanda", said defence counsel for former Rwandan minister of Women's Development and Family Welfare Pauline Nyiramasuhuko, Nicole Bergevin of Canada. She added that such delays were prejudicial to her client who has been in detention for about five years.
The chamber "argue(d) the Rwandan government to take all possible urgent action to facilitate arrival of the witnesses to the tribunal to come and testify". Trial Chamber Two adjourned to Tuesday afternoon when it will receive information from the registry on developments regarding the witnesses.
The Butare trial groups six persons accused of organising and perpetrating killings in the Rwandan province of Butare during the 1994 genocide. They are former Minister of Women's Development and Family Welfare, Pauline Nyiramasuhuko, her son and alleged former militia leader Arsène Ntahobali, former mayor of Ngoma Joseph Kanyabashi, former mayor of Muganza Elie Ndayambaje and two former prefects of Butare Sylvain Nsabimana and Alphonse Nteziryayo.
Trial Chamber Two of the ICTR is composed of judges William Sekule of Tanzania (presiding), Winston Maqutu of Lesotho and Arlette Ramaroson of Madagascar. Some of the eight witnesses were due to testify in other trials before the ICTR.
GG/FH(BU-0610e)
* JUNE 6th, 2002
______________________________________________
ICTR/ GACUMBITSI
DEFENCE FOR EX-MAYOR GACUMBITSI SEEKS AMENDMENTS TO INDICTIMENT
Arusha, June 6th, 2002 (FH) - The defence of former mayor of Rusumo (Kibungo province east of Rwanda) Sylvestre Gacumbitsi on Thursday presented a motion before the International Criminal Tribunal for Rwanda (ICTR) seeking modifications to the accused's indictment.
Gacumbitsi's defence counsel Cameroonian Kouengoua told the court that his client cannot be accused of genocide and at the same time be charged with complicity in genocide.
"It is not possible to say that he is both a perpetrator and also carrying out a crime," said the counsel. He added that it was up to the prosecution to say what Gacumbitsi is guilty of and not the duty of his client to state: "I wasn’t here or I didn't do this and that".
The counsel maintained that the details in the indictment are vague and imprecise rendering it incomprehensible for both the accused and his defence.
Gacumbitsi is accused of genocide or in the alternative complicity in genocide and crimes against humanity, murder, rape and crimes against humanity.
The defence also sought for the withdrawal of the rape charge against the former mayor saying there is no evidence he personally committed the offence.
But the prosecution maintained that it was not the opportune time to review the merits of the evidence on this charge and that any decisions on the merits would arise during trial.
The Chamber is deliberating on the motion and the accused's case is yet to commence. The motion on Thursday was heard before ICTR's Trial Chamber Three comprising of Judges Lloyd George Williams of St. Kitts and Nevis (presiding) Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (GC-0606e)
JUNE 06th, 2002
______________________________________________
ICTR/ BUTARE
EX-MAYOR KANYABASHI INCITED MASSACRES OF TUTSIS IN HIS COMMUNE
Arusha, June 6th, 2002 (FH) - Former Mayor of Ngoma and genocide accused Joseph Kanyabashi incited the killings of Tutsis in his commune a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR).
The thirteenth prosecution witness was testifying the trial of six people accused of genocide crimes in Butare province (south of Rwanda). They are former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko and her son Arsene Shalom Ntahobali, former Butare prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
The witness known only as "QP" for protection of her identity is a genocide survivor from the Ngoma commune. She alleged that on a certain date in the month of April 1994 she saw Kanyabashi in a vehicle traversing the sectors in the commune and making announcements using a public address system.
He allegedly urged that the people clear the weeds starting by gathering them together. QP said this meant that Tutsis should be killed according to what her father explained to her.
Kanyabashi is charged with genocide, complicity to commit genocide, crimes against humanity direct and public incitement to commit genocide among other counts. He has pleaded not guilty.
Prior to QP's testimony, witness SJ who started her testimony on May 28th, gave evidence. SJ testified mainly against Nyiramasuhuko and her son Ntahobali as well as former prefect Nsabimana.
During cross-examination of SJ the defence lawyers noted contradictions, omissions and inconsistencies between the written statements of the witness and her oral testimony in court.
The witness replied that differences might have occurred because she may have forgotten some facts, which she then raised in court, or because there may have been errors made by the investigators whom she said did not want her to go into details. She also said there may have been errors in translation from her maternal language Kinyarwanda to French or English.
The Butare trial, which started on June 13th, 2001,comprises the largest number of individuals in a joint trial before the Tribunal.
Witness QP continued with her testimony on Thursday morning before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho).
BN/SW/FH (BT-0606e)
JUNE 4th, 2002
______________________________________________
ICTR/ BUTARE
EX-MINISTER TREATED REFUGEES LIKE DIRT SAYS WITNESS
Arusha, June 4th, 2002 (FH) - The twelfth prosecution witness in the trial of six individuals accused of genocide crimes in Butare (south of Rwanda) on Tuesday continued testimony with cross-questioning by the defence, before the International Criminal Tribunal for Rwanda (ICTR).
The witness known only as "SJ" for protection of identity is a genocide survivor who had sought refuge in the Butare province in April 1994. SJ was cross-questioned by the defence for former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko one of the accused in the 'Butare Trial'.
In her earlier testimony witness SJ said that Nyiramasuhuko treated Tutsi refugees like dirt.. SJ said the refugees were at the office of the prefect in April 1994.
The Butare trial groups Nyiramasuhuko and her son Arsene Shalom Ntahobali, former Butare prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
The witness said there was an estimated five thousand Tutsi refugees where she sought shelter. SJ said Nyiramasuhuko went to the office of the prefect and on exit said that there was dirt in the provincial office. According to SJ Nyiramasuhuko allegedly said the dirt needed to be swept off and that on her return she did not want to find the dirt still there.
There was no other dirt other than Tutsis refugees and she wanted the refugees moved from the front yard at the provincial offices, said SJ.
At the proposal of Nyiramasuhuko, the Butare prefect Sylvain Nsabimana ordered militia and military men to take the refugees from the front yard of the provincial offices to the back and not to allow them to return, SJ told the court. The witnesses added that the refugees had nothing to eat or drink and that a good number of them died.
During cross-questioning, Nyiramasuhuko's defence maintained there were differences between the witness's written statement and her oral testimony in court. Part of the proceedings, were held in camera. SJ was cross-examined by Nyiramasuhuko's co-counsel Canadian, Guy Poupart.
Witness SJ is expected to continue with her testimony on Wednesday morning before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho). The trial started on June 13th, 2001.
BN/SW/FH (BT-0604e)
JUNE 4th, 2002
______________________________________________
ICTR/DRC
A HUNDRED RWANDANS SOUGHT IN DRC FOR GENOCIDE CRIMES SAYS LOCAL PAPER
Arusha, June 4th, 2002 (FH) - Close to one hundred Rwandans members of the former Rwandan Armed Forces, and militia of the former presidential party known as Interahamwe are being sought in the Democratic Republic of Rwanda (DRC) for genocide, according to a local Congolese newspaper.
On Sunday Le Soft International reported that there are about a hundred hard-core Rwandan combatants, which Rwanda has publicised as wanted in the country or before an International Tribunal such as (ICTR) Arusha.
The newspaper added that the incomplete report of those presumed guilty of genocide was drawn up meticulously by officers of the Rwandan Patriotic Army (RPA) following information provided by surrendering or captured combatants during operations carried out in Rwanda or in the DRC.
The list comprising 88 names features notably the former chief of staff of the Rwandan Armed Forces, Major General Augustine Bizimungu, former prefect of Kigali Town, Colonel Tharcisse Renzaho, former head of the "civil defence", Colonel Athanase Gasake as well as the Commandant of the Presidential Guard, Major Protais Mpiranya.
The Rwandan authorities have forwarded the said list to the United Nations Mission in Congo and the Joint Military Commission (JMC) as provided for by the peace accords on the DRC signed in Lusaka in 1999, added the newspaper.
Moreover, there are names real and coded, and their military grades as they were in the ex-Rwandan Armed Forces of former President Juvénal Habyarimana or as they are currently in the armed groups.
These armed groups include ALIR (Rwandan Liberation Army) and FDLR (Democratic Force for Liberation of Rwanda), according to the newspaper.
Last week, the International Criminal Tribunal for Rwanda (ICTR) accepted a proposition by the DRC government to open an office in the country, which would facilitate in the arrest of as many as possible genocide suspects apparently in Congo, according to the Tribunal Registrar Senegalese Adama Dieng.
The Registrar indicated that the proposed office would re-enforce the operational capacity of the ICTR in the investigation, arrest and transfer of suspects as well as the search for prosecution and defence witnesses living in DRC.
The ICTR estimates that there are around 60 Rwandan genocide suspects who are living in the DRC. Of these a warrant of arrest has been issued for around 20, according to sources.
In February Dieng made an official visit to the DRC and to Congo Brazzaville, seeking the co-operation of these governments in the arrest and transfer to Arusha, of genocide suspects living in the two countries.
AT/SW/FH (DRC-0604e)
JUNE 2nd, 2002
______________________________________________
ICTR/DRC
TRIBUNAL AGREES TO OPEN OFFICE IN KINSHASA
Arusha, June 2nd, 2002 (FH)- The International Criminal Tribunal for Rwanda (ICTR) finally accepted a proposition by the Democratic Republic of Congo (DRC) government to open an office in the country, reports the independent news agency Hirondelle.
The Tribunal stated the move would allow the apprehension of as many as possible genocide suspects who are apparently in the Congo region. Kinshasa had proposed the idea of an office on May 11th, this year but the Tribunal spokesperson Nigerian Kingsley Moghalu indicated that the ICTR was not in a position to open one. Observers interpreted the response as a rejection of the Congolese proposition.
In an interview on Friday morning on Radio Okapi, which is jointly run by Hirondelle Foundation and the United Nations Mission in the DRC, the ICTR Registrar Senegalese Adama Dieng, stated that the position of the Tribunal had been misunderstood.
Dieng said that the ICTR budget had just been approved in March and that it was normal for the spokesperson to take precaution. He said it should be taken into consideration that clearly the Tribunal was not rejecting the proposition but it needs to deal with material and financial problems first.
The Registrar indicated that the office in DRC would re-enforce the operational capacity of the ICTR on the issue of investigation, arrest and transfer of suspects as well as on the matter of searching for prosecution and defence witnesses living in the DRC.
In a letter addressed to the Registrar in May on behalf of the Congolese government, the minister for Foreign Affairs, Léonard She Okitundu, anticipated that the opening of such an office would at a go resolve a number of issues namely: security concerns over Rwanda, enhance Rwandan national reconciliation, logically require the departure of the Rwandan army in the DRC and consequently inspire reconciliation in the region.
The Congolese Minister added that in case the people being sought are not in Congo only an international and independent body like the ICTR can address the issue in an impartial manner. He stressed that under those circumstances then Rwandan would no longer under the pretext of security, maintain her troops in his country (DRC).
AT/SW/FH (DRC-0602e)
MAY 31st, 2002
______________________________________________
ICTR/ BUTARE
WITNESS SAYS NTAHOBALI WAS MILITIA LEADER IN BUTARE
Arusha, May 31st, 2002 (FH) - Arsène Shalom Ntahobali one of six people accused of genocide crimes in Butare (south of Rwanda) was a militia leader a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR), reports the independent news agency Hirondelle.
The witness known only as "SJ" for protection of identity is a genocide survivor who had sought refuge in the Butare province in April 1994. The witness said there was an estimated five thousand Tutsi refugees where she sought shelter. SJ is the twelfth prosecution witness in the 'Butare Trial'.
This trial groups former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko and her son Arsene Shalom Ntahobali, former Butare prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
According to the witness it was Ntahobali (whom she referred to as Shalom) who lead the militiamen because before they carried out an activity they would consult him first. SJ said the militia would ask the accused: "Head Shalom, what do we need to do?" and he would give them instructions.
The witness stated that on three instances the accused accompanied by militia went to the office of the prefect to collect refugees who were driven to some woods in a place called Kabutare and killed.
SJ told the court that when the militia asked what was to be done with the refugees the accused responded that they (militia) should have no pity. She expressed herself in a Kinyarwanda term "ntimujenjeke" which she said indicates have not pity.
Witness SJ said that the refugees who were taken in a vehicle were tortured before they were killed. She added that they were subjected to atrocious treatment and thrown into the vehicle like objects, like sacks of beans.
SJ said the refugees had nothing to eat or drink. According to SJ even a "white brother" who tried to assist them was harassed and treated like an accomplice of the Tutsis.
This trial will continue on Monday before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho).
SW/FH (BT-0531e)
* MAY 31st, 2002
______________________________________________
ICTR/MEDIA
MEDIA TRIAL ADJOURNED TO JULY
Arusha, May 31st, 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 1st, reports the independent news agency Hirondelle.
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 17th.
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 45rd 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 23rd, 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 29th, 2002
______________________________________________
ICTR/CYANGUGU
CYANGUGU TRIAL ADJOURNED TO JULY
Arusha, May 29th, 2002 (FH) - Former Rwandan Minister for Justice Charles Nkurunziza on Wednesday reiterated before the International Criminal Tribunal for Rwanda (ICTR) that the 1994 killings in Rwanda were not an ethnic or tribal issue but a power struggle. He completed his testimony in the Cyangugu trial, which was adjourned to July.
This trial groups former Transport Minister André Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty.
Nkurunziza testified for two days, as the twenty-seventh defence witness for Ntagerura. In his testimony Nkurunziza said that what happened in Rwanda "was a war over power". He said that Rwandan citizens were caught in crossfire between the government and the Rwandan Patriotic Front (RPF) in a war started by the latter.
"The massacres that bloodied the countryside were done by the RPF," said Nkurunziza. In response to questions by the prosecution, the witness said he never heard of the Rwandan Armed Forces killing anyone.
Nkurunziza also said he never witnessed situations where Interahamwe (militia) killed people during the massacres and that he was not aware they killed Tutsis in particular.
According to the witness roadblocks were mounted because the country was at war and not to search and kill Tutsis. Prosecution witnesses have testified that roadblocks were erected and people asked to produce identification so that Tutsis were selected and killed.
Prosecutor Richard Karegyesa asked the witness if Ntagerura and other government officials had visited Cyangugu mid May , 1994 to which he replied in the affirmative. The court also heard that the President Theodore Sindikubwabo, Ntagerura and others addressed the public.
Nkurunziza said the aim of the speakers was to pacify the people. But prosecution maintained that the message was that the people must be more discreet in the killing of the enemy meaning Tutsis and their accomplices.
The prosecutor also put it to the witness that a mayor of Muhura commune one Muramutsa was killed by the Rwandan Armed Forces for resisting massacres of civilians. However Nkurunziza stated that he did not know of any killings by the Rwandan Armed Forces.
The witness was also cross-questioned about a radio chat show in Radio-Television des Milles Collines (RTLM) on December 12, 1993 in which he appeared with one Gaspard Gahigi and Jean-Bosco Barayagwiza (currently on trial at the Tribunal).
Nkurunziza served in the Ministry of Justice as minister (1977-84) and as Secretary General to the cabinet (1992-1994). He said he fled the country with his wife, mother and six children on July 19th, 1994.
At the end of the testimony, Ntagerura's defence informed the court of the schedule of the next witnesses who will be heard at the beginning of July. Ntagerura is expected to testify as the last factual witness, after the testimony of four experts and four factual witnesses. His defence anticipates completing its case during the next trial session, according to lead counsel Benoit Henry of Canada.
The trial is before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (CY-0529e)
28th, 2002
______________________________________________
ICTR/CYANGUGU
KILLINGS WERE HUTU UPRISING EX-MINISTER TELLS CYANGUGU TRIAL
Arusha, May 28th, 2002 (FH) - A former Rwandan Minister for Justice Charles Nkurunziza on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that the 1994 events were a Hutu uprising sparked off by the deaths of several important personalities. Nkurunziza was testifying as a defence witness in the trial of two politicians and a military officer from Cyangugu.
"The killing of Habyarimana was like the last straw that broke the camel's back," he told the court. He said that each time there was a problem in Rwanda it was the Tutsis causing it while the Hutus reacted and that in 1994, many people including a minister and a mayor had been killed before the death of former President Juvenal Habyarimana.
Nkurunziza is the twenty-seventh defence witness for former Transport Minister Andre Ntagerura one of the accused in the Cyangugu trial.
This trial groups Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty.
Nkurunziya served as Minister of Justice (1977-84) and as Secretary General of the Cabinet (1992-1994). In his testimony Nkurunziza said he was appointed head of the Constitutional Court in the interim government but held the position for only 19 days before he fled with his family on July 19th, 1994.
He said that the interim government was under siege and that the first step after its installation on April 9th was to prepare for its flight on April 12th. Nkurunziza said that the cabinet moved from Gitarama towards Gisenyi but a short while later "Gisenyi was taken" by Rwandan Patriotic Forces (RPF) who were fighting the Rwandan Armed Forces.
On Ntagerura, the witness said he was aware that he (Ntagerura) had gone on a mission to accompany the body of the former Burundian President Cyprien Ntaryamira. Ntaryamira was killed together with Habyarimana when their plane was brought down on April 6th, 1994.
Nkurunziza also said he heard from other ministers that he (Ntagerura) went on another mission "abroad" and that he met with the Prime Minister (Jean Kambanda) to give a report on his missions. The witness added that Ntagerura did not attend some cabinet meetings held within the month of April.
Nkurunziza told the court he opted to come and testify before the Tribunal even though he is aware the Rwandan government wants him because "Andre Ntagerura was arrested unfairly." Nkurunziza is on Category I of the list of suspects sought by the Rwandan government for genocide crimes. He said that he wants to make a contribution to justice by shedding some light on events that occurred.
In response to a question by Russian Judge Yakov Ostrovsky the witness said he attended some cabinet meetings from April 16th, 1994 as Secretary General to the Cabinet. Nkurunziza said there was never an issue of meeting to plan killing of civilians.
He said that a meeting was held on April 11th, for all prefects whereby the government sent a message of peace. However, some prosecution witnesses have testified that in a meeting in April, prefects gave instructions on how killings would be executed.
The hearing continues on Wednesday morning before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (CY-0528e)
* MAY 28th, 2002
______________________________________________
ICTR/MEDIA
NGEZE IS A SCAPEGOAT OF A POPULAR DIALOGUE, SAYS DEFENCE
Arusha, May 28th, 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 27th, 2002
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ICTR/MUGIRANEZA
TRIBUNAL DISCHARGES DEFENCE COUNSEL
Arusha, May 27th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR) has discharged as lead counsel, defence lawyer Michael Greaves of the United Kingdom and notified him that is no longer eligible for assignment to an accused or suspect at the Tribunal.
In a decision dated May 23rd and signed by the Deputy Registrar Malawian, Lovemore Green Munlo, Greaves addressed only partially grievances that had been put to him by his client former Rwandan minister of civil service Prosper Mugiraneza and requested to be withdrawn from the case.
According to the decision, Mugiraneza filed a request before the ICTR Registry for the withdrawal of the counsel at the end of last year. Greaves had been assigned as lead counsel for Mugiraneza in September 1999.
The accused, read the decision reproaches his counsel for lack of communication, lack of diligence and delays in the filing of a request for assignment of a co-counsel among other complaints. The accused had also complained of lack of scheduling and evaluation of activities, a disagreement on the strategy of the defence as well as breach of confidentiality.
The Registry decision states that all grievances were submitted to the counsel for his comments and that in a reply of January 10th, 2002, Greaves only addressed the grievance of lack of communication, one relating to breach of confidentiality and requested to be withdrawn from the case.
Greaves, adds the Registry, did not address all other grievances put to him by his client. He stated that, "his declining and refusal to get involved in a fee splitting arrangement is the root of his client's request for withdrawal of his assignment".
The Deputy Registrar says in the decision that despite several reminders dated January 21st and 28th, February 6th, and April 5th, 2002, Greaves has not replied to the Registry's correspondence.
The decision states that due to lack of cooperation by Greaves in providing the Registry with a response, his Bar Association "was seized on March 7th, 2002" to compel him to respond. The decision states that Greaves failed to attend a hearing of April 5th, 2002 without prior permission of the Court and as of today despite the involvement of the General Council he is still unwilling to cooperate with the Registry.
SW/FH (ICTR-0527e)
* MAY 24th, 2002
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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
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ICTR/MEDIA
‘HATE RADIO’ ORDERED RWANDA MOSQUE KILLINGS, SAYS RIGHTS ACTIVIST
Arusha, May 23rd, 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 12th, 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 12th, 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 6th, 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)
* MAY 23rd, 2002
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ICTR/ BUTARE
WITNESS IN BUTARE TRIAL TELLS OF RAPE AND KILLINGS
Arusha, May 23rd, 2002 (FH) The eleventh prosecution witness testifying in the trial of six individuals charged with genocide crimes in Butare, (south of Rwanda) on Thursday told the International Criminal Tribunal for Rwanda (ICTR) that Arsene Shalom Ntahobali one of the accused took away young girls who were subsequently raped.
The witness dubbed "TK" to protect her identity said that Ntahobali would come and take young girls from the prefecture who would then be raped. The accused at a point allegedly came with handicapped soldiers residing at the Groupe Scolaire (a school in Butare) some on crutches and they selected girls. "In fact that was the purpose of their evening walk to see if there were any decent girls," said TK.
The 'Butare Trial' groups former Minister for Family Affairs and Gender Issues Pauline Nyiramasuhuko and her son Ntahobali, former Butare prefects Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma Joseph Kanyabashi and Muganza, Elie Ndayambaje.
TK who gave her chief testimony on Monday, is on her fourth day on the witness stand. She is a genocide survivor from Gikongoro a province nearby to Butare. TK went to seek refuge in Butare soon after the death of president Juvénal Habyarimana.
In her testimony on Monday, the witness said that Nyiramasuhuko and her son Ntahobali took Tutsi refugees from the provincial offices and drove them to unknown destinations where they were killed.
According to the witness, the victims were transported in a vehicle driven by Ntahobali who was also accompanied by militiamen. TK said that these events took place around the end of May 1994 and the beginning of June the same year. Nyiramasuhuko and Ntahobali allegedly made three trips whereby they collected refugees from the provincial office.
In cross-questioning, the defence has maintained that there are omissions, contradictions and inconsistencies between the written statements the witnesses had provided earlier and her testimony in court. Nyiramasuhuko's co-counsel Canadian Guy Poupart referred to four earlier statements the witness provided to investigators on December 17th, 1996, January 22nd, 1997, November 27th, 1997 and April 23rd, 1998.
Poupart argued that many factors arising in TK's testimony in court did not feature in these earlier statements. He noted that the witness did not mention in any of the four statements that she had seen corpses at roadblocks that had been mounted, but she said it in court.
The counsel also wanted to know why the witness had indicated in her statements that she had seen Nyiramasuhuko only once in mid-June 1994 and yet in court she said she saw her a number of times taking away refugees at the Butare provincial office.
Ntahobali's defence enquired during cross-questioning, whether the witness had given details of the alleged rapes involving their client to the prosecution. The issue raised debate between Ntahobali's defence and the prosecution. The lawyer maintained that the issue (of the alleged rape incidents) arose from TK's testimony. TK said that a lot of horrible scenes happened at the provincial offices and that there were some scenes she had seen but kept to herself.
This trial is before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchhill Matanzima Maqutu (Lesotho).
SW/FH (BT-0523e)
* 22th, 2002
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ICTR/MEDIA
PROFESSOR NAHIMANA MASTERMINDED RACIST "CIVIL DEFENCE" SYSTEM
Arusha, May 22nd, 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)
* 22th, 2002
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ICTR/CYANGUGU
CYANGUGU TRIAL ADJOURNED TO NEXT TUESDAY
Arusha, May 22th, 2002 (FH) - The trial of two ex-politicians and a former military officer from Cyangugu in southwest Rwanda was on Wednesday adjourned to next week at the International Criminal Tribunal for Rwanda (ICTR).
This trial groups former Transport Minister Andre Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty.
The twenty-sixth defence witness for Ntagerura completed his testimony on Wednesday afternoon. The witness known only as "NH" for protection of identity testified mainly in camera. Before him, witnesses "AH", "OH" and "QH" testified between Monday afternoon and Tuesday mostly in camera, as well.
In his evidence, witness NH gave details on the operations of the public buses in Rwanda, called ONATRACOM. He said that there were bus inspectors in charge of the buses.
Ntagerura was the Minister of Transport and Communications in the interim government of 1994. He is said to have allowed or authorised the use of government vehicles, specifically buses for the transportation of Interahamwe (militia), as well as for the transportation of arms and ammunitions to Cyangugu prefecture.
After the testimony of NH, Ntagerura's lead counsel Canadian Benoit Henry informed the court that he was withdrawing one witness "PH" who was expected to testify after NH. There was no objection from the prosecution. However, prosecutor Ugandan, Richard Karegyesa said the prosecution would like to interview PH because earlier testimony by a prosecution witness, had touched extensively on PH.
Ntagerura's defence objected saying that the rules of procedure do not allow the prosecution to question PH out of court since he will no longer testify as a defence witness. "I vigorously object," said Henry. Karegyesa said that an earlier ruling by the same Trial Chamber had been made on a similar issue. The Chamber advised the parties to regard the earlier ruling in order to deal with the prosecution's request.
Meantime, the prosecution will prepare for the defence witnesses scheduled to testify next week. The hearing will continue on Tuesday before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (CY-0522e)
MAY 20th, 2002
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ICTR/CYANGUGU
EX-MINISTER'S WIFE TESTIFIES IN CYANGUGU TRIAL
Arusha, March 20th, 2002 (FH) - Former Rwandan Minister André Ntagerura accompanied the body of former Burundian President Cyprien Ntaryamira to Burundi on April 10th, 1994, his wife Bongwa Leoncie told the International Criminal Tribunal for Rwanda (ICTR) on Monday. Ntaryamira was killed together with former Rwandan President Juvenal Habyarimana when their plane was brought down on April 6th, 1994.
Leoncie was testifying as the twenty-second defence witness for Ntagerura. Ntagerura is one of three accused in the 'Cyangugu trial' that groups him, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty.
Bongwa told the court that on the night of April 6th, 1994 Ntagerura got a telephone call informing him of the attack on the president's plane. She added that later that night, the family fled from their Kimuhurura home in Kigali to a nearby camp housing Presidential guards. Ntagerura's family including his three children, his wife and her mother fled in two vehicles with the assistance of two gendarmes, the court heard.
Bongwa said the family moved to the French Embassy on April 8th and that on April 9th, Ntagerura went for the swearing in of the interim government, leaving the rest of the family behind. "Yes he was a member of that government," Leoncie replied to Ntagerura's defence counsel Canadian, Benôit Henry.
The witness added that on April 10th, Ntagerura accompanied the former Burundian president's body. "The body was taken to Bujumbura," said Leoncie.
However in earlier testimonies some prosecution witnesses had stated that Ntagerura was in Cyangugu during attacks in April. In September a prosecution witness "LAI" said that Ntagerura distributed weapons in Cyangugu.
Separately, another witness "LAH" told the court that the former Minister told a group of attackers in Cyangugu "to forward identity cards of the deceased Tutsi to a local trader". He claimed that Ntagerura said that the identity cards were to assist in ensuring that the people "were systematically eliminated."
And the first defence witness for Ntagerura dubbed "DBH" testified that the former minister was not in Cyangugu between January 1st and April 6th, 1994. He said that Ntagerura's visit to Cyangugu would have not have taken place unnoticed because whenever he was around people always went to meet him.
In her testimony, Bongwa said that when Ntagerura left for Bujumbura, the rest of them tried to leave Kigali for Cyangugu in vain. An official from the French Embassy took them on April 12th to Kanombe airport and on April 14th, they were flown to Bukavu (ex-Zaire) and received by an official from the United Nations High Commission for Refugees (UNHCR), she said.
According to Bongwa, after some negotiations, they were taken to Cyangugu (which borders Bukavu) and some people stayed at the Hotel du Lac and others including her family stayed at the Home St. Francois d'Assise. She said the family stayed there up to May 19th, 1994 and that she saw her husband on May 15th, whom she had last seen in April.
She said that on May 19th, they left for Kinshasa via Bukavu and Goma where they stayed until April 26th, 1995.
During cross-questioning by defence counsel Tanzanian Holo Makwaia, Bongwa said she did not hear of the killings on April 7th, 1994 in Kigali including that of former Prime Minister Agathe Uwilingiyimana, because she stayed inside the embassy.
The witness also said that she was not aware that Tutsis were being killed or why they were being killed. However, she added that later from the radio and other reports she heard that some Tutsis and Hutus were killed because some were RPF accomplices and others opponents of the president.
Bongwa also said she did not know who was responsible for massacres in Cyangugu and that she heard most details on the events there while in exile. The prosecution suggested that found it difficult to accept that her husband could be accused of the atrocities committed in Cyangugu she replied: "I simply do not accept it."
Ntagerura was the Minister of Transport and Communications in the interim government of 1994. He is said to have allowed or authorised the use of government vehicles, specifically buses for the transportation of Interahamwe militia, as well as for the transportation of arms and ammunitions to Cyangugu prefecture.
The hearing continues with the testimony of the twenty-third witness, before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (CY-0520e)
* MAY 20th, 2002
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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
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ICTR/MEDIA
GENOCIDE SUSPECT JOURNALIST BELIEVED IN PEACE, SAYS DEFENCE
Arusha, May 17th, 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
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ICTR/ KAMUHANDA
KAMUHANDA DEFENCE SET FOR AUGUST
Arusha, May 16th, 2002 (FH) -The defence in the trial of former Rwandan Minister Jean de Dieu Kamuhanda is scheduled to start its case when the hearing resumes in August and the prosecution has closed its case at the International Criminal Tribunal for Rwanda (ICTR).
The hearing has been adjourned until August 19th, after the testimony of twenty-eight prosecution witnesses. The former minister's defence team anticipates about 30 witnesses.
Kamuhanda is charged with nine counts including genocide, complicity in genocide, war crimes and crimes against humanity, including rape and murder. These crimes were allegedly committed in his native Gikomero commune (Kigali province, central Rwanda). He has denied all charges. He was minister of higher education from May 25th, 1994.
However, the prosecution is expected to recall one witness to reappear before the court after defence argued it had learnt from outside sources that the witness was not present in the areas where according to her testimony, genocide crimes were allegedly committed.
Prosecutor Marks Moore of Ireland stated that the witness in question, known only as "GEK" for protection of identity and who testified entirely in camera at the start of the trial is actually detained in Rwanda, for reasons other that what concerns the Tribunal.
Moore said that efforts had been made in vain, to obtain from the Rwandan government leave for the witness to come before the Tribunal. The Chamber instructed the prosecution to pursue the issue during the pause in the hearing of the trial. When the case resumes it is expected that the defence will present of defence witnesses.
The final witness to testify for the prosecution is a former Hutu gendarme who told the court that he travelled with the accused around April 21st, 1994. The witness dubbed "DAL" to protect his identity said that during his traverses between Kigali and Gitarama (central Rwanda) Kamuhanda was happy about killings carried out at roadblocks and encouraged those in charge.
During cross-questioning Kamuhanda's lead counsel Aicha Conde of Guinea argued that there were contradictions and inconsistencies in the witness's testimony. The defence counsel underlined that in a statement to a commission in Belgium on June 12th, 1995, the witness said he stayed at his duty post of Gisenyi from April 5th to April 25th, 1994.
In a separate statement to ICTR investigators on May 7th and May 12th, 1999, the witness said that during the start of the killings on April 7th, 1994 he was in his native commune of Giti (Byumba province, east of Rwanda). He reportedly left this commune around April 20th, on foot, to take a vehicle in a place called Ngororero Gisenyi province. In another statement however, DAL and in his testimony in court, he said he made the Kigali-Gitarama trip in the ministerial vehicle of the accused.
Conde put it to the witness that he did not see Kamuhanda around April 21st, 1994, because he was not a minister at the time (Kamuhanda was named a minister in May 25th, 1994) and that the accused was in Gitarama at his mother-in-law's place with his family.
The lawyer also questioned why the witness had not mentioned these details on the accused in his earlier statements. Witness DAL said he had responded to specific questions put to him.
Conde has been representing Kamuhanda together with a British Counsel Grace Amakye but the latter is to be replaced at the request of the accused. Kamuhanda instructed his lead counsel to request for Amakye's withdrawal who is on leave because his case is at a "crucial stage."
Kamuhanda's trial is before ICTR's Trial Chamber Two composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson of Madagascar and Winston Churchill Mantanzima Maqutu of Lesotho.
SW/FH (KH-0516e)
* MAY 16th, 2002
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ICTR/MEDIA
NEWSPAPER PORTRAYED ETHNIC TUTSIS AS A THREAT TO RWANDA, SAYS WITNESSES
Arusha, May 16th, 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 16th, 2002
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ICTR/CYANGUGU
FORMER MINISTER DID NOT PROVIDE MILITIA WITH PUBLIC BUSES SAYS WITNESS
Arusha, March 16th, 2002 (FH) - Former Transport Minister Andre Ntagerura did not provide Interahamwe (militia) and armed youths with public buses during the 1994 genocide in Rwanda, a witness told the International Criminal Tribunal for Rwanda on Thursday. The twentieth defence witness for Ntagerura was testifying when the case resumed after adjournment on Tuesday.
The Cyangugu trial groups former Transport Minister Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu in1994. They have pleaded not guilty.
The witness dubbed "CHD" for protection of identity and who testified partly in camera, said that she was able to observe that political parties made rental services of some of the public buses. She said that there were three notable political parties. Another witness who testified earlier in the case had also stated that three parties namely, MRND, MDR and PSD had hired the ONATRACOM buses and that at the time, they put the party emblems on the buses.
Witness CHD said that she had never heard that Ntagerura as Minister had put ONATRACOM (public buses) at the disposal of armed youths or militia.
Ntagerura was the Minister of Transport and Communications in the interim government of 1994. He is said to have allowed or authorised the use of government vehicles, specifically buses for the transportation of [Interahamwe] militia, as well as for the transportation of arms and ammunitions to Cyangugu prefecture.
During questioning by Ntagerura's lead counsel Canadian Benoit Henry CHD said in her chief testimony that she also did not hear of Ntagerura providing the buses for use by his political party, MRND.
Witness CHD completed her testimony after cross-questioning by the prosecution. Another witness known only as "T3H" for protection of identity started his chief testimony and is expected to continue on Friday morning.
The Cyangugu trial resumed on Tuesday after being adjourned on March 28th. But it was adjourned on the same day after the testimony of one defence witness, to allow for the arrival in Arusha of witnesses CHD and T3H.
The Trial Chamber hearing this case is also hearing alternately, the trial of former Bicumbi (in Kigali rural province, central Rwanda) mayor Laurent Semanza.
The case is before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (CY-0516e)
* MAY 15th, 2002
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ICTR/NZIRORERA
TRIBUNAL CONFIRMS DECISION TO WITHDRAW NZIRORERA LAWYER
Arusha, May 15th, 2002 (FH) - The President of the International Criminal Tribunal for Rwanda (ICTR) South African, Judge Navanethem Pillay has confirmed a decision of the Tribunal's Registry to withdraw lawyer Andrew McCartan of Scotland as lead counsel for former Rwandan politician Joseph Nzirorera.
In a written decision dated May 13th, Judge Pillay said that she had considered the contents in an undated application from McCartan received on March 1st, 2002 appealing the Registrar's decision of February 5th which discharged him as lead counsel for the accused.
The Registry announced in February that the decision to dismiss the lawyer was because of "the financial dishonest behaviour of the lead Counsel (Andrew McCartan of Scotland), with the complicity of his legal assistant coupled with the complete breakdown in communication between the Accused and his two Counsels arising partly from this financial dishonesty".
The Registry further stated that in an investigation it had revealed, "the Lead Counsel, in the particular instance, has inflated his bills of October and November 2000, and did provide his Legal Assistant with pre-signed blank forms for submission and reimbursement of expenses".
But McCartan had denied the Registry accusations of financial dishonesty and said he was being sanctioned for having blown the whistle on fee-splitting.
McCartan's issue begun when a row between him and his client erupted late last year when it was revealed that McCartan had agreed to split fees with Nzirorera in November 2000, under pressure from his client. He said he agreed, pending further inquiries about ICTR practice and having asked the advice of his Bar. But Nzirorera had denied ever reaching an agreement with his lawyer on fee-splitting.
McCartan was appealing that the ICTR recall and suspend the decision of the Registrar in respect of the finding that he as the Lead Counsel acted with financial dishonesty and that he should be removed from the list of eligible counsel at the Tribunal. The lawyer also wanted the ICTR to direct the Registrar to convene an Advisory Panel and hold a hearing before it with respect to the allegations against him.
Alternatively, McCartan in his Application asked that the ICTR direct the Trial Chamber to hear evidence on the said allegations and reach a judgement on the finding of financial dishonesty.
But in the decision Judge Pillay states among other details that McCartan was given a "hearing" in the sense that he was allowed to make comments on the factual issues being considered by the Registry. It states further that documentation that formed the subject matter of the analysis (by the Registry) were known to or were submitted by McCartan.
On McCartan's complaint that the Registry's decision that found financial dishonesty is punitive in effect., the ICTR President said: "I find, further, that this finding required a high standard of compliance with the requirements of natural justice, and that in the context of this enquiry, that standard was met."
She also added that while the Registry was bound to make its decisions in accordance with natural justice, there is no observable or credible basis for Mr. McCartan's complaint that the Registry had to accord him the rights enumerated in the ICTR Statute.
SW/FH (NZ-0515e)
* MAY 15th, 2002
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ICTR/ARREST
EX-RWANDAN MILITARY OFFICER ARRESTED IN BELGIUM
Arusha, May 15th, 2002 (FH) - Former commander of the prestigious High Military school of Rwanda" Ecole Supérieure Militaire" (ESM), Brigadier General Léonidas Rusatira was on Wednesday arrested in Belgium on charges related to the 1994 genocide in Rwanda. Rusatira was arrested at the request of the prosecutor of the International Criminal Tribunal for Rwanda, Carla Del Ponte.
Rusatira is mainly charged with the killings of ethnic Tutsi that had taken refugee at the "Ecole Technique Officielle (ETO)" institute of technology in the Rwandan capital, Kigali.
The refugees, put at about 2,000 by several human rights organisations, were killed after UN soldiers that had been guarding the complex pulled out on April 11th, 1994. The killings at ETO are regarded as one of the main failures of the UN in the 1994 genocide. Rusatira is the second person arrested by the ICTR in connection with the ETO killings. The first was George Rutaganda who was convicted of genocide in 1999 by the ICTR. He was sentenced to life in prison. He has appealed the judgement and the sentence.
According to the indictment Rusatira asked UN soldiers guarding the refugees to leave the complex as the Rwandan army would protect the refugees. The UN soldiers left the complex on April 11th, 1994.
"Rusatira during his visits at ETO before and during 11 April 1994, but in particular in the morning of 11 April 1994," reads the indictment, " knew that the UNAMIR Belgian soldiers would leave the ETO, and that afterward, the thousands of refugees remaining there, will be massacred by the surrounding soldiers and interahamwe, but neither prevented the killing nor punished the attackers acting under his command".
"In the afternoon of 11 April 1994, immediately after UNAMIR (United Nations Assistance Mission to Rwanda) Belgian soldiers left, an attack was launched against the refugees at ETO by the soldiers, Interahamwe (militias allied to the then ruling party, MRND) and gendarmes who were surrounding the school".
"During this attack, Rusatira was present and led the soldiers, while the Interahamwe were led by George Rutaganda, at that time vice president of the national committee of the Interahamwe.
Rusatira joined the current gouvernement in Rwanda after the genocide. He fled the country in 1996. He was enlisted in the new Rwanda Army with the rank of Colonel.
GG/FH(AR-0515e)
* MAY 14th, 2002
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ICTR/CYANGUGU
CYANGUGU TRIAL RESUMES AND ADJOURNS TO THURSDAY
Arusha, March 14th, 2002 (FH) - The trial of two political leaders and a military officer accused of genocide crimes in Cyangugu (southwest Rwanda) resumed on Tuesday but was adjourned to Thursday by the International Criminal Tribunal for Rwanda (ICTR) after the testimony of one defence witness. The adjournment is to allow for the arrival in Arusha of scheduled defence witnesses.
The Cyangugu trial groups former Transport Minister Ntagerura, former Cyangugu prefect EmmanuelBagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty.
The hearing was adjourned on March 28th, after the hearing of the eighteenth defence witness for Ntagerura. The Trial Chamber hearing this case is also hearing alternately, the trial of former Bicumbi (in Kigali rural province, central Rwanda) mayor Laurent Semanza.
The nineteenth defence witness for Ntagerura, Canadian Jean Ducharme, from the University of Montreal testified when the Cyangugu trial resumed. Ducharme was initially scheduled to testify under a pseudo-name as a protected witness "K7". However, he requested that the protection measures be waived.
The witness was questioned in his chief examination by Ntagerura's lead counsel Canadian Benoit Henry. Henry presented Ducharme as a "character witness." He argued that although the witness was not in Rwanda during the 1994 events he had served as a Dean in the Faculty of Social Sciences, Economics and Management Sciences at the Rwandan National University between 1977 - 79 - Ntagerura served as the deputy Dean in this institution during the same period.
In his testimony, Ducharme said that he knew Ntagerura from his service at the University as "one of integrity, coherence, uniformity and rigour in application of rules."
He also told the court that Ntagerura was available to assist students and was open and accessible. Ducharme said that with Ntagerura's cooperation, "we were able to reform in two years, the Faculty."
Prosecutor, Ugandan Richard Karegyesa questioned the relevance of Ducharme's testimony saying the defence had called many "character witnesses," but Henry underlined that this witness would give evidence on the accused's reputation which would assist the Chamber in deliberations before it delivers its judgement.
Karegyesa cross-questioned Ducharme briefly at the end of his testimony. The hearing was adjourned because scheduled witnesses have not arrived in Arusha owing to changes in the trial schedule order. Ntagerura's defence stated it was withdrawing two witnesses and that two would be available on Thursday.
The prosecution told the court that it had not received from any of the defence teams, reports from their expert witnesses. Karegyesa urged them to address the situation to avoid delays in translation of the documents.
The trial is to resume on Thursday afternoon, before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (TR-0325e)
* MAY 14th, 2002
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ICTR/DRC
TRIBUNAL HAS NO PLANS FOR OFFICE IN DRC
Arusha, March 14th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR) has no immediate plans to open an office in the Democratic Republic of Congo (DRC), the Tribunal's spokesman Nigerian, Kingsley Moghalu said on Tuesday.
Moghalu was reacting to media reports that the Congolese Minister for Foreign Affairs had proposed in a letter to the ICTR Registrar, Senegalese Adama Dieng, that the Tribunal opens an office in the DRC.
In the letter dated May 10th, the Congolese Minister Léonard She Okitundu proposed that in order to enhance cooperation between the ICTR and the DRC he was inviting the Tribunal authorities to examine the possibility of the installation of an office in the country and specifically in the capital city Kinshasa.
Okitundu said the proposal was a follow up to a visit by the ICTR Registrar to the DRC last February during which he solicited the cooperation of the country's authorities in the arrest and transfer to Arusha, of Rwandans suspected of genocide crimes who are hiding in the DRC.
The ICTR Registrar visited the DRC from February 12th - 16th as part of a drive to enhance cooperation of the Central Africa States with the Tribunal. Dieng met with the President of the DRC Joseph Kabila on February 15th and the Congolese leader assured him of his government's co-operation with the Tribunal, according to information from the ICTR.
In his reaction, Moghalu said that the Tribunal did not have to open an office in the DRC for the country to fulfill its obligation to cooperate with the Tribunal. "If they hand over the people we think this will help," said Moghalu.
He added that the ICTR expected cooperation from the DRC and expeditious arrest and handing over of suspects in the country. He also said there were suspects in Congo Brazzaville. "We believe they are a significant number," he said adding that the Tribunal is looking for suspects in these two countries.
In February, the ICTR Registrar also visited the Republic of Congo where he met in the Congolese capital Brazaville, the Foreign Affairs and Cooperation Minister Rodolphe Adada.
According to the ICTR some individuals suspected of involvement in the Rwanda genocide fled to the DRC and that their presence there has contributed to the conflict in that country. The Lusaka Peace Accords of 1999 on the conflict in DRC provided for the handing over to the Tribunal of combatants in that conflict who participated in the 1994 genocide in Rwanda.
In his letter Congolese Minister Okitundu stated that the installation of an office in the DRC would be beneficial to the Tribunal. He also said that the proposal would involve his government in seeing to it that justice was accorded to the victims of the Rwanda genocide. Okitundu also said the gesture demonstrated the good will and quest for transparency on the part of the DRC government in the process of disarming armed groups.
The letter was copied to United Nations Secretary General Kofi Annan, the ICTR Prosecutor, Carla del Ponte and the ICTR President Judge Navanethem Pillay.
SW/FH (DRC-0514e)
* MAY 13th, 2002
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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 23rd, 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)
* MAY 10TH 2002
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ICTR/NTAKIRUTIMANA
I NEVER ABANDONED ETHNIC TUTSI PATIENTS, SAYS ACCUSED DOCTOR
Arusha, May 10th, 2002 (FH) - Genocide suspect and medical doctor Gerard Ntakirutimana told the International Criminal Tribunal for Rwanda (ICTR) on Friday that contrary to prosecution allegations, he never abandoned ethnic Tutsi patients during the 1994 genocide in Rwanda.
"I left the hospital because I had been told by security officers that our security could no longer be guaranteed", said Gerard Ntakirutimana.
Gerard Ntakirutimana, 44 has since Wednesday been testifying in his own defence. He is jointly on trial with his father, Seventh Day Adventist pastor Elizaphan Ntakirutimana, and 78.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. Gerard Ntakirutimana, was a medical doctor at the hospital which lay in the same complex. The prosecutor, among other accusations, alleges that the two lured persecuted Tutsis to take refugee at Mugonero before bringing in militias and soldiers to kill the refugees. According to estimates by the prosecution, 6,000 Tutsis refugees were killed at Mugonero on April 16th, 2002. The prosecution also alleges that Gerard Ntakirutimana abandoned Tutsi refugees at hospital. 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.
Gerard told the court that he had never been racist in all his life. "All those who needed my service I would help them. I would handle them as best as I could", said Gerard Ntakirutimana.
The prosecution also alleges that Gerard Ntakirutimana participated in the killings of Tutsi refugees in the Bisesero hills during the genocide.
Gerard said he had only been to Bisesero hills during the genocide once. "This is a time I was ordered by soldiers to drive them to Bisesero hills", he said. Gerard said he had driven the soldiers to the hills, stayed in the car as the soldiers brought a corpse in into the car and then drove to Kibuye military camp. "They removed the corpse and I was then freed," he said. He denied allegations that he had participated in the attacks on Bisesero or transported any attackers to that area.
The Ntakirutimanas say they fled Mugonero complex for Gishyita a few hours before the April 16th, 1994 attack. Prosecutor Charles Phillips suggested that Gerard had "only set base at Gishyita for a week in which you (Gerard) kept going back and forth to Mugonero".
The trial is being held in Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal. Closing arguments will be heard mid july.
GG/FH(NT-0510e)
* MAY 9th, 2002
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ICTR/ KAMUHANDA
WITNESS'S FAMILY THREATENED SAYS PROSECUTION IN KAMUHANDA CASE
Arusha, May 9th, 2002 (FH) - The trial of former Rwandan minister Jean de Dieu Kamuhanda was on Thursday briefly adjourned after the prosecution informed the International Criminal Tribunal for Rwanda (ICTR) that a witness who was testifying could not continue as her family in Rwanda had received threats.
Prosecutor Marks Moore of Ireland told the ICTR's Trial Chamber Two that it was a questionable "coincidence" that the witness's family members in Rwanda had received threats just as she was testifying against the former minister.
The prosecutor said the witness had informed him of the threats and asked the court for an adjournment to get further details on the issue. He added that the witness had vital information to the case and he would not let her testify while feeling "intimidated".
The witness known only as "GKI" for protection of identity is the 27th prosecution witness. Moore told the court GKI had travelled to Arusha through means other than what is provided by the United Nations to avoid possibilities of being recognized.
Kamuhanda is charged with nine counts including genocide, complicity in genocide, war crimes and crimes against humanity, including rape and murder. These crimes were allegedly committed in his native Gikomero commune (Kigali province, central Rwanda). He has denied all charges. He was minister of higher education from May 25th, 1994.
Kamuhanda's lead counsel Aicha Conde of Guinea in response to the prosecution told the court that neither the defence team nor members of Kamuhanda's family were in any way involved in the issue of the threats to the witness. Conde emphasised that the defence adhered to their code of ethics. Moore stated that he was not indicating that the defence was involved.
The trial resumed in camera later in the day after the witness had consulted with the prosecution. She wanted to be assured of her security and that of her family members in Rwanda. Witness GKI started her testimony on Wednesday afternoon. Most of her testimony has been in closed session and the witness is nursing a baby.
Kamuhanda's trial is before ICTR's Trial Chamber Two composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson of Madagascar and Winston Churchill Mantanzima Maqutu of Lesotho.
SW/FH (KH-0509e)
* MAY 8TH, 2002
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ICTR/NTAKIRUTIMANA
DOCTOR TESTIFIES IN HIS OWN GENOCIDE TRIAL.
Arusha, May 8th, 2002 (FH) - Genocide suspect and medical doctor, Gerard Ntakirutimana, began testifying in his own defence at the International Criminal Tribunal for Rwanda (ICTR) on Wednesday. Gerard began his testimony shortly after his father and co-accused, Pastor Elizaphan Ntakirutimana concluded his testimony.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 78 was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. Gerald Ntakirutimana, 44 was a medical doctor at the infirmary which lay in the same complex. The prosecutor, among other accusations, alleges that the two lured persecuted Tutsis to take refugee at Mugonero time before bringing in militias to kill them. The prosecution estimates that 6,000 Tutsis were killed in the attack on Mugonero complex. 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.
Defence counsel for Gerard Ntakirutimana David Jacobs of Canada dwelt on questions regarding Gerard Ntakirutimana's life prior to the genocide. "We want to show the court that with the shape of life that he lived, he could not have committed the crimes alleged by the prosecution", Jacobs told the court.
Gerard Ntakirutimana will continue his testimony on Thursday morning.
Earlier on, pastor Ntakirutimana reiterated that he "did not participate in any of the acts. Not at all". Asked by judge Naventhem Pillay what he thought of some of his former church folk, "followers of God like you(him)" that have testified against him, pastor Ntakirutimana said that they were liars. "Even among Jesus' disciples, Judas betrayed his master", said pastor Ntakirutimana.
This trial is before Trial Chamber One of the ICTR composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/FH(NT-0507e)
* MAY 7th, 2002
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ICTR/NTAKIRUTIMANA
I CAN'T EVEN KILL A CHICKEN, SAYS ACCUSED PASTOR
Arusha, May 7th, 2002 (FH) - Genocide suspect and Seventh Day Adventist pastor Elizaphan Ntakirutimana on Tuesday denied before the International Criminal Tribunal for Rwanda (ICTR) all allegations that he participated in the 1994 genocide in Rwanda. Pastor Ntakirutimana has since Monday been testifying in his and his son Gerard Ntakirutimana's defence.
"I can't even kill a chicken", said the 78-year-old pastor who is jointly on trial with his son Gerard Ntakirutimana. "I have always respected God's law. God is my witness", he added.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 78 was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. Gerald Ntakirutimana, 45 was a medical doctor at the infirmary which lay in the same complex. The prosecutor, among other accusations, alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex during the genocide. 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.
Pastor Ntakirutimana told the court that he hadn't had the means to protect Tutsi refugees at Mugonero complex. He said that he had himself fled Mugonero early in the morning of April 16th, 1994 after realising that the area wasn't safe. The killings in Mugonero took place on April 16th, 1994. Pastor Ntakirutimana said he only came back to Mugonero about two weeks after the killings.
The court has received a copy of a letter written by six Tutsi Seventh Day Adventist pastors the night before the killings in Mugonero requesting Pastor Ntakirutimana to intervene and speak to the mayor to save their lives. Asked by defence counsel Ramsey Clark of the US whether, on his return to Mugonero two weeks after the killings, he and his church had tried to find out what had happened to the six pastors and other members of the church, Pastor Ntakirutimana responded; "I found that in my church, the mother church, there were very few people. I was told that there were also very few people in the other church"
Prosecutor Charles Phillips of Nigeria and the UK told the court that pastor Ntakirutimana wasn't in any danger and should have at least sheltered a few Tutsi colleagues. "Kajongi was your treasurer, why didn't you at least hide him and his wife in your house", Phillips asked pastor Ntakirutimana. "It was his(Kajongi) duty to tell me that they were coming to my place", said pastor Ntakirutimana. "I wouldn't have chased him", he added.
The court said on Tuesday it was going to deliberate on a motion filed by the defence to have a defence witness that testified last week relocated to another country. Clark told the court that following the prosecutor's allegation that the witness was a fugitive from justice in Rwanda wanted for genocide and multiple rapes, the witness would be in danger if he returned to his country of residence. Clark suggested that despite the fact that the witness was a protected witness whose identity was hidden from the public, people from where the witness came from knew about his coming to testify and also heard reports of the criminal allegations leveled against him last week.
The witness was due to be returned to his country of residence on Wednesday.
Pastor Ntakirutimana will continue to testify on Wednesday before Trial Chamber One of the ICTR composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/FH(NK-0507e)
* May 7th, 2002
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ICTR/SEMANZA
SEMANZA DEFENCE TO APPEAL AGAINST CHAMBER DENIAL TO CALL RE-JOINDER EVIDENCE
Arusha, May 7th, 2002 (FH) - Defence lawyers for former Bicumbi Mayor and genocide suspect Laurent Semanza will appeal a decision by the International Criminal Tribunal for Rwanda (ICTR) denying them leave to call re-joinder witnesses, reports the independent news agency, Hirondelle.
The trial was scheduled to resume on Tuesday, May 7th, with rejoinder evidence after the prosecution concluded rebuttal evidence on April 25th. But ICTR's trial Chamber Three which is hearing the case, made a decision on April 30th, denying the defence leave to call rejoinder witnesses.
The Chamber ruled that the defence does not point to any new and unanticipated evidence or facts led by prosecution in rebuttal. The Chamber said that briefly the witnesses were expected to testify about two main subject areas: to reinforce the alibi of the accused and to challenge the credibility of the prosecutor's rebuttal witnesses.
"Examination of the anticipated testimonies reveals that none of these (defence) witnesses could qualify as a rejoinder witness," said the Chamber in its written decision.
According to Semanza's lead counsel Charles Taku of Cameroon and USA, defence filed at the start of May, an urgent motion, asking the trial Chamber to review its decision on the rejoinder issue. Taku said the defence received no word on the urgent motion but instead received from the Registry, a Scheduling Order dated May 2nd.
"We are going to contest this, we are going to the Appeals Chamber," said Taku.
The defence intended to call thirteen witnesses for rejoinder evidence in response to the three prosecution rebuttal witnesses. Prosecutor Chile Eboe Osuji had scheduled six witnesses in rebuttal evidence regarding Semanza's alibi but only three actually testified.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The proposed witnesses for rejoinder evidence included former Minister André Ntagerura, Emmanuel Ndindabahizi, Edouard Karemera and Aloys Ntabakuze (all facing charges before the Tribunal). Others included witnesses using pseudo-names for protective measures.
According to the Chamber the facts raised by the defence to challenge the credibility of the rebuttal witnesses relate only to collateral issues. "Thus the Chamber is of the view that it would serve no legitimate purpose to hear these witnesses," stated the written decision.
In the Scheduling Order, parties are asked to present closing arguments not later than June 17th, 2002. Each party is required to file a final trial brief with the Chamber not later than five days prior to this date.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/FH (SE-0507e)
* MAY 06TH 2002
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ICTR/NTAKIRUTIMANA
PASTOR TESTIFIES IN HIS GENOCIDE TRIAL
Arusha, May 6th, 2002 (FH) - Genocide suspect and Seventh Day Adventist pastor Elizaphan Ntakirutimana testified in his and his son Gerard Ntakirutimana's defence at the International Criminal Tribunal for Rwanda (ICTR) on Monday.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 78 was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. He is jointly charged with his son Gerald Ntakirutimana, 45. Gerard was a medical doctor at the infirmary which lay in the same complex. The prosecutor, among other accusations, alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex on April 16th, 2002. 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.
Asked about his reaction to a letter requesting for help addressed to him by Tutsi refugees at Mugonero complex, Pastor Ntakirutimana broke to tears. "This letter shattered me", he said. "I didn't know how to conduct myself", he added. The letter signed by six Tutsi pastors and a teacher was written the evening before the killings at Mugonero complex.
The letter saluting pastor Ntakirutimana as "our dear leader" in part reads: "We would like to inform you that tomorrow we will die with our families. We are requesting you to intervene on our behalf and contact the mayor". The letter concludes saying: "Your intervention will be highly appreciated in the same way Jews were saved by Ester."
The prosecution claims Pastor Ntakirutimana responded saying that it was time for the Tutsis to die. The prosecution alleges that Pastor Ntakirutimana brought in militias and soldiers to kill the refugees.
Pastor Ntakirutimana told the court that he had, in the company of Gerard, gone to see the mayor who told them that he couldn't do anything to help. "I then came back home and wrote a letter explaining what had happened and telling them that 'you pastors have not sinned against God and you are in his hands"
Pastor Ntakirutimana said that he knew all of the signatories of the letter. He said he had taught some of them in school and had been taught by some.
Gerard Ntakirutimana is also scheduled to testify. Pastor Ntakirutimana will continue his testimony on Tuesday before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/FH(NT-0506e)
* MAY 6th, 2002
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ICTR/ KAMUHANDA
KAMUHANDA PRESENT AS MILITIA SELECTED VICTIMS SAYS WITNESS
Arusha, May 6th, 2002 (FH) Former Rwandan minister and genocide suspect Jean de Dieu Kamuhanda witnessed as victims were selected at a roadblock by attacking militiamen but did nothing about it a witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
The twenty-fifth prosecution witness known as "GKL" for protection of identity however failed to recognise Kamuhanda in court, whom he said he had recognised from approximately 20 metres away during the 1994 events in Rwanda. GKL said he saw Kamuhanda at a roadblock while he and others were fleeing towards Gikomero.
"I am not in a position to point him out it has been a long time and he may have changed," the witness said when asked by the prosecutor whether he could identify the accused.
Kamuhanda is charged with nine counts including genocide, complicity in genocide, war crimes and crimes against humanity, including rape and murder. These crimes were allegedly committed in his native Gikomero commune (Kigali province, central Rwanda). He has denied all charges. He was minister of higher education from May 25th, 1994.
But the witness claimed Kamuhanda was a minister in 1992. GKL told the court that while in a school in Gikomero fellow students, natives of this area, had pointed out Kamuhanda to him as "a minister," and that is why later during the 1994 events he was able to recognise him.
The witness said at the roadblock in a place called Kayanga, people exclaimed that Kamuhanda was also there and he recognised him as the same "minister" he used to see at the Gishaka communal office with the local mayor. Prosecutor Marks Moore of Ireland questioned GKL in his chief testimony.
GKL said that Interahamwe (militia) were pulling from the queue, people who had been made to line up at the roadblock. "People were struggling to get back," he said. He added that though he did not personally witness these people being killed, "I would like to say I never saw those people again."
Kamuhanda's defence counsel Aicha Conde of Guinea drew out contradictions in the witness's statement including the claim that the accused was a minister in 1992.
Conde also questioned contradictions on details that the accused had given on the route through which he had fled as per his written statement and what he had testified orally in court.
GKL told the court that he fled to the Gishaka Parish and sought refuge inside this church together with others. He said he also saw Kamuhanda at the Gishaka Parish and that an attack was launched against the refugees in it on April 10th and 11th, 1994.
"I doubt the veracity because no massacres were committed on the 10th and 11th (April) at the Parish and because Kamuhanda never set foot there," Conde said. But witness GKL replied: "I was there when these events took place but Kamuhanda's advocate was not there so what I am saying here is the truth."
The trial resumed after being adjourned in February after the testimony of 24 prosecution witnesses. The Chamber hearing this case is also hearing two alternate trials that of former mayor of Mukingo (Ruhengeri province, north west Rwanda) Juvénal Kajelijeli and that of six persons accused of crimes in Butare (south of Rwanda).
Kamuhanda's trial continues on Tuesday morning before ICTR's Trial Chamber Two composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson of Madagascar and Winston Churchill Mantanzima Maqutu of Lesotho.
SW/FH (KH-0506e)
* APRIL 29TH, 2002
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ICTR/NTAKIRUTIMANA
SURVIVORS' GROUP TRAINED GENOCIDE WITNESSES, SAYS DEFENCE WITNESS
Arusha, April 29th, 2002 (FH) - A group of genocide survivors trained and encouraged people to falsely testify against "people they were not happy with", a defence witness in the genocide trial of Pastor Elizaphan Ntakirutimana and his son Gerard Ntakirutimana told the International Criminal Tribunal for Rwanda (ICTR) on Monday. "A friend of mine was beaten because he refused to testify against Gerard Ntakirutimana", said the protected witness only identified as "Witness number nine".
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 78, was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. He is jointly charged with his son Gerard Ntakirutimana, 45. Gerard was a medical doctor at the infirmary, which lay in the same complex. The prosecutor, among other accusations, alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex during the genocide. 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.
Witness number nine said he had fled Rwanda in 1995 after learning of the incidence involving his friend. "A soldier advised us to flee", he said.
The witness further testified that he had attended public meetings in which local government authorities called for people to testify against others. "Lists of people to be accused were drawn up in the meetings", he said. The meetings, said the witness, took place in Kibuye shortly after the end of the genocide in 1994 and 1995.
The witness also said that some officials from Kigali, Rwanda's capital city came to Kibuye to hold secret meetings with certain genocide survivors. "After drinking beer, participants in these meetings threatened us and told us about their plans", said the witness. Among the attendants of the alleged meetings, the witness mentioned former IBUKA (genocide survivors' organization) executive, Josue Kayijaho, and his brother and founder member of IBUKA, Assiel Kabera. Kabera was then prefect of Kibuye region.
On one occasion, said witness number nine, a drunk man had told him that "if you don't give me money, I will do to you what I'm going to do to the old man". The witness said he understood "the old man" to be pastor Ntakirutimana.
Defence counsels of the Ntakirutimanas said at the opening of the trial that there was a witness syndicate run by IBUKA aimed at falsely accusing ethnic Hutus of genocide crimes.
The case is before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and Andrésia Vaz of Senegal.
GG/FH(NT-0429e)
* APRIL 25th, 2002
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ICTR/SEMANZA
PROSECUTION CONCLUDES REBUTTAL EVIDENCE IN SEMANZA TRIAL
Arusha, April 25th, 2002 (FH) - The prosecution in the case of former Bicumbi Mayor and genocide suspect Laurent Semanza completed its evidence in rebuttal at the International Criminal Tribunal for Rwanda (ICTR) on Thursday, after withdrawing three listed witnesses. Semanza's defence intends to call witnesses in rejoinder from May 7th, 2002.
Prosecutor Chile Eboe Osuji had scheduled six witnesses in rebuttal evidence regarding Semanza's alibi but only three actually testified. The prosecution indicated it would call rebuttal witnesses when defence closed their case in February.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed most of the crimes between April 9th and 13th, 1994. However, in his testimony he said he left Bicumbi on April 9th, and some defence witnesses corroborated this evidence.
During his testimony, Semanza stated that a date he maintains was April 9th, 1994, on a statement he had given to judicial authorities in Cameroon where he was arrested in 1996 had been "erased". The date is crucial because it touches on his alibi.
This contentious date led to heated debates between the prosecution and Semanza's lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin. The prosecution said it would call rebuttal witnesses as soon as defence closed its case to challenge Semanza's alibi. It was the first time in the Tribunal that prosecution has called rebuttal evidence.
The six witnesses listed by the prosecution were a Kenyan forensic expert Antipas Nyanjwa, a Cameroonian Prosecutor Messina Temme, three protected witness dubbed "DCH," "XXK" and "XXL" and an expert witness who testified for the prosecution Professor André Guichaoua. Defence had objected saying that the prosecution wanted to introduce new evidence.
The first rebuttal witness DCH testified on April 15th, and Professor Guichaoua on April 22nd. The prosecution first withdrew witness "XXL" due to technical problems. On Tuesday this week, witness "XXK" testified entirely in closed session. It was also during this time that the prosecution withdrew from its list of witnesses, Cameroonian Prosecutor Messina Temme.
On Thursday, Nyanjwa from Kenya was due to testify but Osuji also withdrew this witness after arguments from both the prosecution and defence regarding the contentious date in Semanza's statement.
"The prosecutor did not have to go as far as Nairobi to get someone to read what we could all read three months ago," Alao argued, referring to the same date. But the prosecution said defence had not clarified the question of the date. Both parties agreed that there was no date indicated but only the month of April.
The prosecution then stated its rebuttal evidence was concluded and defence indicated it would call witnesses in rejoinder. A motion by the prosecution to have the defence provide names of the witnesses expected to testify in rejoinder to rebuttal evidence was rejected by the Chamber.
The defence appealed to the Chamber to make a specific order that the Registry and other department of the Tribunal accord their case if they were to prepare their witnesses by the scheduled date of May 7th.
Presiding judge Yakov Ostrovksy of Russia said that the "matter is substantial" and the Chamber would look into it and take all necessary measures. He also added that all parties would be informed about the confirmation of this date.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/FH (SE-0425e)
* APRIL 22nd, 2002
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ICTR/SEMANZA
SEMANZA LEFT BICUMBI ON APRIL 19TH, SAYS WITNESS
Arusha, April 22nd, 2002 (FH) - Former Bicumbi mayor (central Rwanda) and genocide suspect Laurent Semanza may have left Bicumbi around April 19th and 20th 1994, due to an attack by the Rwandan Patriotic Front (RPF) a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
An expert witness Professor André Guichaoua said, "the only tangible element corresponds to when the RPF advanced (April 19th-20th)." He was testifying as the second witness in rebuttal evidence for the prosecution, on the thorny issue of Semanza's alibi.
He said the RPF advanced to Rwamagana on the road to Kigali on April 18th, and that on April 19th, launched an offensive. Professor Guichaoua told the court it was unlikely that Semanza would have remained in Bicumbi when other local leaders were fleeing the attack.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed most of the crimes between April 9th and 13th, 1994. However, in his testimony he said he left Bicumbi on April 9th, and some defence witnesses corroborated this evidence.
But the issue of Semanza's alibi provoked a heated debate between his lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin, and prosecutor Chile Eboe Osuji of Canada and Nigeria.
At the close of its case in February, the prosecution said it intended to call six witnesses for rebuttal evidence regarding the issue of Semanza's alibi. Professor Guichaoua testified after the first rebuttal witness known only as "DCH" for protection of identity, who completed his testimony last week.
Professor Guichaoua told the court that Semanza attended a meeting of officials of the interim government on May 20th, 1994, in Murambi, Gitarama prefecture. The interim government was created on April 11th, 1994. The witness also said that being in Murambi on or around the 20th of May did not "rule out his having been in Murambi on other dates".
The expert witness also said that many officials would leave Murambi to Kigali and Gisenyi and return. "According to my information, he (Semanza) arrived there (Murambi) before that meeting," said the witness.
But Taku challenged the witness's testimony asking in what capacity Semanza would have attended such a meeting. The witness said that the interim government did not have formal existence and that those in Murambi held formal and informal meetings.
"The reasoning applied to Nzirorera (Joseph) could be applied to Semanza," he added. The witness named former politicians Joseph Nzirorera and Mathieu Ngirumpatse as others who attended the meetings.
Professor Guichaoua completed his testimony on Monday afternoon. The other rebuttal witnesses scheduled to testify are a Kenyan forensic expert Antipas Nyanjwa, a Cameroonian Prosecutor Messina Temme and a protected witness dubbed "XXK".
Osuji asked for the sixth rebuttal witness known as "XXL" to be removed from the witness, after difficulties in getting the witness to come to Arusha to testify.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The trial resumes on Monday with a status conference between the court, prosecution and defence.
SW/FH (SE-0422e)
* APRIL 22nd, 2002
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ICTR/NTAKIRUTIMANA
PASTOR AND SON WERE NEVER INVOLVED IN POLITICS, SAYS WITNESS
Arusha, April 22nd, 2002 (FH) - Genocide suspect and Seventh Day Adventist pastor Elizaphan Ntakirutimana and his son Gerard Ntakirutimana were never involved in any political activities before and during the 1994 genocide in Rwanda, a defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
"Politics was taboo to him", the protected witness only identified as "Witness 23" said of Pastor Ntakirutimana. "Gerard was also never involved in politics", he added.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 78 was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. He is jointly charged with his son Gerald Ntakirutimana, 45. Gerard was a medical doctor at the infirmary which lay in the same complex. The prosecutor, among other accusations, alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex during the genocide. 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.
Witness 23 also said that, during the genocide, pastor Ntakirutimana had been so emotionally affected by the killings that "he lost a great deal of weight and you could see that he was grieved". The prosecution alleges that pastor Ntakirutimana drove around in his car during the genocide transporting militias and soldiers to Tutsi hideouts.
The witness further said that the Ntakirutimanas had never been to Bisesero hills, site to killings of Tutsi refugees. The prosecution contends that the Ntakirutimanas actively participated in the killings of Tutsis in Bisesero hills.
Witness 23 continues his testimony on Tuesday before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/FH(NK-0412e)
* APRIL 18th, 2002
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ICTR/SEMANZA
PROSECUTION IN SEMANZA TRIAL DROPS ONE WITNESS IN REBUTTAL
Arusha, April 18th, 2002 (FH) - The prosecution in the trial of former Bicumbi mayor, Laurent Semanza, has withdrawn one witness who was scheduled to give rebuttal evidence. It remained uncertain on Thursday whether another witness would come from Rwanda to testify before the International Criminal Tribunal for
Rwanda (ICTR), next week.
Prosecutor Chile Eboe Osuji of Canada and Nigeria withdrew the witness, known as "XXL", at the end of testimony from the first rebuttal witness, known as "DCH." He explained that the other witness from Rwanda is expected in Arusha on Monday if "problems" in getting witnesses to come to Arusha are solved.
When the defence closed their case in February, the prosecution indicated they would call rebuttal witnesses to challenge Semanza's alibi claim that he left Bicumbi commune, Kigali Rural Province in Rwanda on 9th April 1994. Semanza testified in his own defence as the last defence witness.
Semanza was mayor of Bicumbi commune, Kigali Rural Province in central Rwanda for over 20 years before he was replaced in 1993. He was arrested in Cameroon in March 1996. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The prosecution intended to call six rebuttal witnesses but two, known as "XXL" and "XXK", were not available to testify this week. The prosecutor asked for "XXL" to be struck out of the witness list.
The prosecution maintains that issues in rebuttal arise from matters raised by defence witnesses, but Semanza's lawyers had objected saying the prosecution was attempting to introduce new elements in the case.
The first rebuttal witness, known only as "DCH" for protection of identity, completed his evidence on Thursday. The others scheduled to testify are Kenyan forensic expert Antipas Nyanjwa, Cameroonian Prosecutor Messina Teme and an expert witness in the prosecution case, Professor André Guichaoua. Nyanjwa is expected to testify on Thursday.
In his testimony, witness DCH challenged Semanza's alibi saying the former mayor was present during an attack on Tutsis taking refuge in a church in Gikoro commune. The attack allegedly took place on April 15th, 16th and 17th, according to DCH.
DCH's testimony provoked heated debate between the prosecutor and Semanza's defence lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin due to the many objections raised by both parties.
According to the prosecution, Semanza was involved in planning the killing of Tutsis, training of militiamen and distribution of weapons in his commune. Semanza allegedly committed the crimes between April 9th and 13th, 1994. However, during his testimony, Semanza claimed he left Bicumbi on April 9th. A number of defence witnesses corroborated this evidence.
This case is before Trial Chamber Three of the ICTR, composed of Judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The trial resumes on Monday with a status conference between the judges, the prosecution and the defence.
SW/FH (SE-0418e)
* APRIL 17TH, 2002
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ICTR/NTAKIRUTIMANA
PASTOR AND SON NEVER LURED REFUGEES TO ILL-FATED COMPLEX, SAYS WITNESS
Arusha, April 17th, 2002 (FH) - Seventh Day Adventist Pastor Elizaphan Ntakirutimana and his son Gerard Ntakirutimana never invited ethnic Tutsi refugees to take refugee in a church complex from where they were to be killed, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday and Wednesday. The two are jointly on trial for genocide and crimes against humanity in connection with the 1994 genocide in Rwanda.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 78, was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. Gerard, 45, was a medical doctor at the infirmary, which lay in the same complex.
The prosecutor, among other accusations, alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex during the genocide. 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.
"The refugees came on their own volition", said the fourteenth defence witness only identified as "Witness 31" to protect his identity. The prosecution alleges that the Ntakirutimanas lured Tutsis fleeing from killings into Mugonero complex and later brought in militias and soldiers to kill them. Witness 31 told the court that he had been a nurse at Mugonero hospital.
The witness further said that on April 16th, 1994, the day that the killings at Mugonero complex took place, Pastor Ntakirutimana and his son had taken refugee in nearby Gishyita commune. "They never left the Gishyita commune offices that day", said the witness.
Witness 31 also said that Doctor Ntakirutimana had never discriminated against Tutsi patients or said "anything that would indicate discrimination against people of Tutsi origin". The prosecution says that Doctor Ntakirutimana refused to treat and sent away Tutsi refugees that had been wounded from militia attacks.
This trial is before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
The trial was adjourned until next Monday, because the next witnesses were not available for the time being.
GG/FH(NT-0417e)
* April 16th, 2002
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ICTR/NSENGIMANA
CLERGYMAN PLEADS NOT GUILTY TO GENOCIDE CHARGES
Arusha, April 16th, 2002 (FH) - A Rwandan priest and former Rector of Christ-Roi (Christ the King) College in Butare province, Hormisdas Nsengimana on Tuesday pleaded not guilty to four counts of genocide charges before the International Criminal Tribunal for Rwanda (ICTR).
Nsengimana faces four counts including genocide, conspiracy to commit genocide and crimes against humanity for murder and extermination. He was born on August 6th, 1954 in Cyanika commune, Gikongoro province in south of Rwanda.
"I am a Rwandan, however, currently, I am a refugee," the cleric dressed in a black priest's shirt and jacket with a white collar, told the court. He responded "not guilty" to all four counts.
Prosecution alleges that he played a major role in the massacres of Tutsis in Butare region. He is said to be one of the leaders of a group of killers called "the dragons" or the "Escadron de la mort" (death squad).
The court heard that around April 25th, 1994, Nsengimana accompanied by soldiers sought and killed a priest, Father Mathieu Ngirumpatse at the time bursar at the Christ Roi College after extorting the college safe from him.
Nsegimana allegedly stated: "Let me kill this Tutsi dog myself, since I am sick and tired of him. Let me kill and let me be proud of it, let me stop when my weapon kills five !" He reportedly said this to soldiers asking whether Father Ngirumpatse should be killed.
The court heard that Nsengimana also asked an old woman from Father Ngirumpatse's family seeking refuge at the presbytery to follow him and "killed her by sticking his sword in her thorax."
Nsengimana supervised at least three roadblocks for the purpose of screening Tutsis to be killed : one located before the Christ-Roi College, another in front of he Ecole Normale Primaire (ENP) and the other near the house of one "Pasteur" according to the prosecution.
Nsengimana is the fifth cleric detained by the Tribunal, after Anglican Bishop Samuel Musabyimana, Adventist Pastor Elizaphan Ntakirutimana and Catholic Priests Emmanuel Rukundo and Athanase Seromba. He was arrested on March 21st this year in Yaoundé Cameroon at the request of the Tribunal.
Prosecution alleges that soon after the death of former President Juvénal Habyarimana was announced in the evening of April 6th, 1994, Nsengimana held a meeting with some soldiers on how to keep watch on the Tutsi. He also allegedly called some members of Les Dragons or Escadron de la mort (death squad) who went in search of fleeing Tutsis and who were later killed.
The court heard that Nsengimana had said he would not flee the country "without seeing the head of Father Justin Furaha" (a Tutsi priest) and ordered his employees to search for him; at the end of May 1994 Furaha was killed.
Nsengimana appeared before ICTR's Trial Chamber Three Judge, Pavel Dolenc of Slovenia. A duty counsel assigned by the ICTR, Bharat Chadha from Tanzania represented Nsengimana. A trial date will be set in due course.
SW/FH (ICTR-0416e)
* APRIL 16th, 2002
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ICTR/RWANDA
RWANDA AWARE OF OBLIGATIONS TO THE TRIBUNAL SAYS ENVOY
Arusha, April 16th, 2002 (FH) - Rwanda is fully aware of its obligations to the International Criminal Tribunal for Rwanda (ICTR) and reminders by the Tribunal are "uncalled for" the country's Special Representative to the Tribunal Martin Ngoga, said on Tuesday.
Ngoga told the press that information given to one of the ICTR's Trial Chambers by officials from the Tribunal's witness protection unit on Monday was "misleading". He added that this resulted in a reminder to the Rwandan government by the Chamber of its obligations as a state, to the ICTR.
"Some of these remarks are making us uneasy, we don't need these reminders," Ngoga said.
On Monday, an ICTR official Saleem Vahidy informed the court during the trial of former Bicumbi mayor, Laurent Semanza, that the ICTR's witness protection unit was having 'slight problems with the Rwandan government' regarding witnesses coming Rwanda to testify in Arusha.
Prosecution indicated that two witnesses dubbed "XXL" and "XXK" for protection scheduled to testify this week had not arrived in Arusha.
Vahidy informed Trial Chamber Three which is hearing Semanza's case that the witnesses needed certain (travel) documents over which the ICTR witness protection unit had no control. But Ngoga said that the Rwandan government has been cooperating in facilitating the travel of witnesses and would continue to do so.
He stressed that the officers of the witness protection unit did not inform the judges in Trial Chamber Three that the Rwandan Minister of Justice in whose office the applications for the travel documents in question were, was away when they were forwarded, hence the delay.
Ngoga said that in the absence of the Minister, the ICTR officials did not seek alternative means to expedite the processing of the travel documents. He says that at the time of the request the country was marking a week of mourning commemorating the 1994 genocide and that many officials were out of office attending functions upcountry.
"Why didn’t he (Vahidy) tell the judges that the Minister was away ?" asked Ngoga. He said the utterances in court were indicative that the government was blocking witnesses' travel to Arusha but this is not the case. "The documents should be ready today or tomorrow," he said. He added that the minister had returned to his office on Monday.
Associations autonomous
During the hearing of the Semanza case, the court was also informed that witnesses said they are awaiting authority from "IBUKA", a key association for genocide survivors "or the Rwandan Ministry of Justice."
Ngoga was categorical that the role of the government was to issue the travel documents and that the state and the genocide survivors associations are two separate entities. "We are not going to force any witness to come (to Arusha) but we will continue to facilitate those willing to (travel)," he said.
Last month, IBUKA and another association AVEGA stressed their decision not to cooperate with the Tribunal. They have made announcements that witnesses, majority of who are their members should not come to testify before the Tribunal.
They cite several issues, including allegations that the ICTR has hired "41" individuals allegedly suspected of genocide. In an apparent response to the call by IBUKA and AVEGA twelve witnesses have declined to come and testify in two cases before the ICTR involving seven individuals.
Ngoga said that the Rwandan government should not be expected to make unilateral declarations about the move by the associations while the Tribunal is yet to say anything about their complaints. He said he was not aware of the alleged "41" individuals.
However, he said that Rwanda had already done investigations and submitted a report to the Tribunal. Although he mentioned that the report included the "background of various investigators" he did not elaborate further.
Ngoga said that the Tribunal should issue a statement on which issues cited by the genocide survivors groups can be addressed and when.
SW/FH (TR-0416e)
* APRIL 15th, 2002
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ICTR/NTAKIRUTIMANA
PASTOR FALSELY ACCUSED, SAYS EX-CHURCH LEADER
Arusha, April 15th, 2002 (FH) - Genocide suspect and Seventh Day Adventist pastor Elizaphan Ntakirutimana is loyal to God and must have been falsely accused, an American ex-Adventist leader told the International Criminal Tribunal for Rwanda on Monday.
Pastor Merle Mills was president of the Seventh Day Adventist Trans-Africa division between 1964 and 1980. The area covers most of Africa south of the equator including Rwanda. "The man was held in high esteem and he did his job well", said Mills.
Mills however conceded under cross-examination by the prosecution that he had not seen Ntakirutimana in the last 14 years and therefore couldn't testify about his (Pastor Ntakirutimana) life over that period. He said he had last seen him in 1980.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana, 77, was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye. He is jointly charged with his son Gerald Ntakirutimana, 44. Gerard was a medical doctor at the infirmary which lay in the same complex. The prosecutor, among other accusations, alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex during the genocide. 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.
Mills also presented to court letters that he said he had obtained from other former Seventh Day Adventist leaders that knew Pastor Ntakirutimana. "None of these people said anything negative about Ntakirutimana", Mills said of the authors of the letters.
Mills also told the court that the Seventh Day Adventist church prohibited its leaders from involving themselves in politics. "The Seventh Day Adventist church believes in separation of the church and the state," he said. He also said that discrimination of any kind was unacceptable in the church. The prosecution alleges that the Seventh Day Adventist church in Rwanda supported the state in discriminating against minority Tutsis and later on carrying out the genocide.
Earlier on Monday, a protected defence witness started and finished her entire testimony in closed session. She was only referred to as "Witness No.31".
This trial is before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/FH(NK-0410e)
* April 15th, 2002
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ICTR/SEMANZA
TRIBUNAL APPEALS TO RWANDA OVER WITNESSES IN SEMANZA TRIAL
Arusha, April 15th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR's) trial Chamber Three on Monday called for the Rwandan Government's cooperation, following difficulties in getting witnesses to come to testify in the case of former Bicumbi mayor Laurent Semanza.
"It is important that (Rwandan) authorities cooperate so that we carry out the mandate given to us by the (United Nations) Security Council," said judge Lloyd George Williams of St. Kitts and Nevis.
He was speaking after an official from the ICTR Witness protection unit informed the court of difficulties in bringing witnesses expected to testify in the case, from Rwanda to Arusha. Two prosecution witnesses were expected to testify this week but their departure from Rwanda remains uncertain.
The official, Vahidy Saleem of Pakistan said the witnesses were willing to come and testify but needed authority from certain associations of genocide survivors that had recently publicly announced that they (witnesses) should not cooperate with the Tribunal.
"Lately we have been facing a slight problem with the government of Rwanda and associations like IBUKA and AVEGA," Saleem informed the court. The witnesses, he said, say they need authority from the Rwanda Ministry of Justice or from IBUKA.
The witnesses in question are part of six people called by the prosecution for rebuttal evidence in the former mayor's case. Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
This is the third case at the ICTR to be affected in three weeks because witnesses cannot come to testify. In two other cases before the ICTR namely the so-called 'Butare Trial' and that of former Mayor of Mukingo, Juvenal Kajelijeli, witnesses also failed to come to give evidence at the behest of IBUKA and AVEGA.
A total of twelve witnesses involving seven accused (six in the Butare trial and Kajelijeli) in the two cases had to be struck off of the witness lists when they failed to appear before the Tribunal.
Last month, these two key associations for genocide survivors reiterated the decision of non-cooperation with the (ICTR). Witnesses have stated they are awaiting an announcement by these associations allowing them to testify in Arusha.
Some of the issues IBUKA and AVEGA have cited include the hiring by the ICTR of "41" people allegedly suspected of genocide crimes and harassment of witnesses during cross-questioning, amongst other complaints.
Semanza's defence counsel Charles Taku of Cameroon and USA, lamented that the associations are not recognized by the court or internationally but are known in Rwanda and that the Rwandan government as a state should cooperate with the Tribunal.
Semanza's trial proceeded with the testimony of the first prosecution witness giving rebuttal evidence. The witness is known only as "DCH" for to protect identity. DCH who was formerly in detention in Rwanda, had arrived in Arusha ahead of the directions by the genocide survivors associations.
Prosecution intends to call six witnesses including DCH and the two in Rwanda going by the names "XXL" and "XXK" for protection of identity. The others are a Kenyan forensic expert, a Cameroonian Prosecutor and an expert witness in the prosecution case Professor André Guichaoua.
The prosecution first mentioned the intention to call rebuttal witnesses when the defence closed their case in February. The last defence witness was Semanza who testified in his own defence for more than a week.
Prosecution maintains issues in rebuttal arise from matters raised by defence, but Semanza's defence had objected saying prosecution was attempting to bring in new elements to the case.
Semanza was mayor of Bicumbi Kigali rural province in central Rwanda for over 20 years before the lost his post in 1993. He was arrested in March 1996 and made his initial appearance at the Tribunal in 1998.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
Judge Ostrovsky reminded the prosecution that the witnesses had to be in court by (April) 30th, (2002) in accordance with the rules told the court. Witness DCH continues with his testimony on Tuesday morning.
SW/FH (SE-0415e)
* April 11th, 2002
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ICTR/SEMANZA
PROSECUTION TO CALL REBUTTAL EVIDENCE AS SEMANZA TRIAL RESUMES
Arusha, April 11th, 2002 (FH) - The prosecution in the trial of the former Bicumbi mayor (Kigali rural province, central Rwanda) and genocide suspect Laurent Semanza, will bring new evidence in rebuttal when the trial resumes on Monday, April 15th, before the International Criminal Tribunal for Rwanda (ICTR).
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty. He was mayor of Bicumbi for over 20 years before the lost his post in 1993.
The trail was adjourned on February 28th after the former mayor testified in his own defence as the last of 26 defence witness. Prosecutor Chile Eboe Osuji of Canada and Nigeria announced then his intention to call witnesses to challenge the defence evidence.
"This is the first time in the practice of the Tribunal that prosecution has decided to call rebuttal witnesses," presiding judge Yakov Ostrovsky stated, adding that this was within the rules of procedure.
But Semanza's lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin objected, arguing that the prosecution was attempting to "reopen the case" and to "bring in new elements" in rebuttal.
However, Osuji maintained that in rebuttal he would deal with issues arising from the defence case. In a motion dated March 5th, 2002, the prosecutor states that the general scope of the evidence would be an attempt to meet, "as much as can be done at this late stage, the alibi defence which defence raised for the first time during the case for the defence."
Prosecution maintains that Semanza was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. He allegedly committed the crimes between April 9th and 13th, 1994. Semanza says he could not have committed the crime because he left the area on the night of April 8th.
Another contentious issue is the allegation by the defence that certain words of the defendants interview with the prosecutor general in Yaounde Court of Appeal of Cameroon, in April 1996, were edited by the Cameroonian judicial authorities. Semanza was arrested in Cameroon in 1996 and transferred to the ICTR in 1997.
While giving evidence, Semanza stated that a statement he made to Cameroonian authorities on his arrest had been "rubbed". Semanza claimed a date - "April 9th 1994" was erased. This date is important because it touches on his alibi.
But prosecution intends to call an expert in criminology and forensic science from Kenya, as one of their rebuttal witnesses, to testify in particular on the "words now in dispute". The six witnesses prosecution intends to call also include a Cameroonian Prosecutor and an expert witness in the prosecution case Professor André Guichaoua.
This case opened on October 16th before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0411f)
* APRIL 11th, 2002
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ICTR/NTAKIRUTIMANA
DOCTOR'S WIFE DEFENDS HIM IN GENOCIDE TRIAL
Arusha, April 11th, 2002 (FH) - The wife of genocide suspect Doctor Gerard Ntakirutimana told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that her husband did not participate in militia attacks on ethnic Tutsis and never sent away wounded ethnic Tutsis during the 1994 genocide in Rwanda. Anna Nzabumunyurwa also denied all allegations against her father-in-law Pastor Elizaphan Ntakirutimana who is jointly on trial with Doctor Ntakirutimana.
At the time of the 1994 genocide in Rwanda, Gerard Ntakirutimana, 44, was a medical doctor at the infirmary of the Seventh Day Adventist church mission at Mugonero in Kibuye province, western Rwanda. He is jointly charged with his father Elizaphan Ntakirutimana, 77, who was pastor at the church.
The prosecutor alleges that the two planned and presided over killings of about 6,000 Tutsi refugees in the Mugonero complex during the genocide. An estimated one million Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official report by the government of Rwanda.
Nzabumunyurwa also denied prosecution allegations that her husband and her father-in-law invited Tutsis to take refuge in Mugonero complex before bringing in militias to kill them. She said Pastor Ntakirutimana and his son had taken refuge themselves in near by Gishyita commune at the time of the massacres on April 16th, 1994.
Nzabumunyurwa will continue her testimony on Monday before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/JA/FH(NK-0412e)
* APRIL 11th, 2002
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ICTR/TRANSFER
CLERGYMAN TRANSFERRED TO ARUSHA FROM CAMEROON
Arusha, April 11th, 2002 (FH) - Former Rwandan priest, Hormidas Nsengimana, from Butare province south of Rwanda was transferred on Wednesday to the International Criminal Tribunal for Rwanda (ICTR) detention facility in Arusha, according to information from the Tribunal.
Nsengimana, a Catholic priest and former Rector of Christ-Roi (Christ the King) College in Nyanza, Nyabisindu commune, Butare province, was arrested on March 21st this year in Yaoundé, Cameroon at the request of the Tribunal.
Prosecution alleges that he played a major role in the massacres of Tutsis in Butare region. He is said to be one of the leaders of a group of killers called "Les Dragons" (the dragons) or the "Escadron de la mort" (death squad).
He faces four counts including genocide, conspiracy to commit genocide and crimes against humanity for murder and extermination.
Nsengimana, 48, is the fifth cleric detained by the Tribunal, after Anglican Bishop Samuel Musabyimana, Adventist Pastor Elizaphan Ntakirutimana and Catholic Priests Emmanuel Rukundo and Athanase Seromba.
Nsengimana was born on August 6th, 1954 in Cyanika commune, Gikongoro province in south of Rwanda.
According to his indictment, Nsengimana hated the Tutsi and the Tutsi priests living in the Christ-Roi College. These priests were killed during the 1994 genocide. He is reported to have stated in 1994: "The time is over where the churches and the parishes were sites of refuge during the crisis, that time is over".
He is also said to have told a priest Justin Furaha in March 1994, during a quarrel, "I hate the Tutsi, this will not last and you will see your fate".
"Since 1990, Hormidas Nsengimana was gathering weapons to use to kill the Tutsi when the time came," according to his indictment.
Nsengimana is the tenth Rwandan to be arrested in Cameroon at the request of the ICTR. The nine others are two accused in the so-called Media Trial before the Tribunal, Jean-Bosco Barayagwiza and Ferdinand Nahimana, ex-mayor Laurent Semanza, ex-military officers Théoneste Bagosora and Anatole Nsengiyumva. Others are former ministers Jérôme Bicamumpaka, Justin Mugenzi, André Ntagerura and Prosper Mugiraneza.
The priest is expected make his initial appearance before a judge of the Tribunal soon and a duty counsel will be assigned by the Registrar to represent him in the meantime.
SW/JA/FH (TR-0411e)
* APRIL 11th, 2002
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ICTR/DEFENCE
DEFENCE LAWYERS VOW TO 'FIGHT FOR THEIR RIGHTS'
Arusha, April 11th, 2002 (FH) - The association of defence lawyers based at the International Criminal Tribunal for Rwanda (ICTR) in Arusha has pledged to "fight for their (lawyers) rights," and at the same time dismissed allegations of witness harassment, reports the independent news agency Hirondelle.
In a press conference on Wednesday, officials of the association (L'Association des Avocats de la Defense) also known as ADAD criticised what they what they termed "harassment of the defence teams". They also announced the election of new ADAD officials and stated that they had made new resolutions to "strengthen the rights of the defence".
Lawyers Jean Degli of Togo and France, Kenyan Kennedy Ogetto and Canadian André Tremblay said harassment of defence teams included "arbitrary arrests" which attack the rights of the defence and threaten to destabilise defence teams.
According to the lawyers, defence teams also have had to put up with "deplorable working conditions". The lawyers say some of their team members have not received payment for work done for up to seven months.
Defence teams are asking that their rights be respected and that lead counsel be informed before any arrests of their team members. "They should be presented with evidence for wrong doing before arrest," said Ogetto, who is the newly elected President of ADAD.
Ogetto said the association's representatives had already held discussions on a number of issues with the ICTR Registrar Adama Dieng, but declined to give any details.
He said the lawyers had held negotiations on matters affecting them, "including the complex issue of investigators." Two former defence investigators have been arrested by the ICTR, and charged with genocide. The first, Simeon Nshamihigo, was arrested in May within the Tribunal premises while the second, Joseph Nzabirinda alias Biroto, made his initial appearance before the Tribunal last month, also on genocide charges.
The new ADAD officials are: Kenyan Kennedy Ogetto (President), Canadian Nicole Bergevin (Vice-President), Jean Degli of Togo/France (Secretary-General), Raphael Constant of Martinique/France (Deputy Secretary-General), Rety Hamuli of the Democratic Republic of Congo/France (Treasurer), Cameroonian Josette Kadji (Deputy Treasurer), Canadian André Tremblay (Information Advisor), Cameroonian Marie-Louise Mbida (Administration Advisor) and Canadian Michel Boyer (Legal Affairs Advisor). There are also some honorary officials. Degli said the association has more than 40 members so far.
Cross-examination not harassment
The defence lawyers also dismissed allegations of harassment of prosecution witnesses during cross-questioning.
Last January two associations of Rwandan genocide survivors IBUKA and AVEGA, whose members form the majority of prosecution witnesses, cut links with the Tribunal, citing amongst other reasons, harassment of witnesses by certain members of defence teams.
But the new Secretary-General of the lawyer's association, Jean Degli, stressed that witnesses who come before the Tribunal should expect to be cross-questioned. "Cross-examination is bound to be done," and, he added, it shall be done thoroughly as long as all rules of procedure were followed.
He was categorical that defence teams would not just "stare" at witnesses passively without cross-questioning those who had come to all the way to Arusha to give evidence.
Last week ICTR's Trial Chamber Two decided to strike off ten witnesses from the prosecution list in the so-called Butare Trial, after they had refused to appear to give evidence at the ICTR, in line with the call by the two genocide survivors associations. The Butare Trial is the biggest before the ICTR, involving six individuals. It has since been adjourned.
Similarly, the trial of former Mukingo mayor Juvenal Kajelijeli before the same Trial Chamber was adjourned on Wednesday after two prosecution witnesses failed to come to testify.
SW/JA/FH (ICTR-0410e)
* APRIL 10th, 2002
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ICTR/MILITARY
BAGOSORA DEFENCE FILE MOTION FOR TEMPORARY RELEASE
Arusha, April 10th, 2002 (FH) - The lawyer for the former advisor at the Rwandan defence ministry (chef de cabinet) Théoneste Bagosora, one of the accused in the so-called 'Military Trial', has filed a motion calling for his provisional release by the International Criminal Tribunal for Rwanda (ICTR).
Bagosora's defence cites in the motion, the "abnormal and unreasonable" nature of his detention. His lead counsel Raphael Constant of France says it is illegal and against human dignity to hold an accused person for several years without trial.
Bagosora was arrested on March 6th 1996 in Cameroon and transferred to the UN Detention Facility in Arusha on July 23rd, 1997. "Between his arrest and the opening of his trial, six years and one month have passed," says Constant, who blames the late start of the trial on the prosecution.
Constant details the various delays in the start of the trial. He points out that prosecution requested a joint trial in 1998, as well as a presenting a motion modifying the indictment. For two years, to June 2000, the hearing did not start and the Tribunal deliberated on the two motions of the prosecutor.
During this period, Bagosora, according to his lawyer, only submitted one motion regarding proof of the attack on the Rwandan presidential plane on April 6th, 1994, which sparked off the genocide. But he says this single motion could not have caused the "unreasonable" delay in the progress of the trial.
Bagosora is in a joint trial with three former senior commanders in the former Rwandan army: Anatole Nsengiyumva, Aloys Ntabakuze and Gratien Kabiligi. They have all denied genocide charges for crimes committed during the 1994 massacres in Rwanda.
The trial is before ICTR's Trial Chamber Three composed of judges Lloyd George Williams of St. Kitts and Nevis, Pavel Dolenc of Slovenia and Andresia Vaz of Senegal.
Bagosora's defence complains that even April 2nd this year, when the trial was scheduled to start, was just "symbolic." He says the prosecutor did not forward to the defence the relevant documents in time and in the appropriate language for the lawyers and their clients.
Constant terms the start of the 'Military trial' "a media show" whereby the Prosecutor could only read out the opening statement. The trial has been adjourned to September.
The prosecution has indicated it plans to call 255 witnesses, according to the defence counsel. But he says that even if the list were to be reduced, the estimation by the Chamber that the trial could last about two years was "unreasonably optimistic."
Bagosora's lawyer says that added to the time his client has already spent in custody, at least eight years will have passed since his arrest before he knows justice. He questions the delay at this trial compared with those at other international courts such as International Tribunal for the former Yugoslavia.
Constant maintains that all major judicial systems find it unacceptable for their to be unreasonable delay in judging a citizen. He calls for the temporary release of Bagosora and for him to be allowed to participate in his trial, while in freedom.
Constant says that his client is seeking to be accepted in the Netherlands where his spouse and some of his children are based. Bagosora would like to be stationed there during the period when the proceedings of his trial are not in progress, says his lawyer.
Bagosora's defence states that if the Chamber grants his motion, he will make a commitment to relocate to the ICTR when required. Constant says his client is not opposed to having his provisional release punctuated by a strict judicial control measure.
SW/JA/FH (ML-0410e)
* APRIL 10th, 2002
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ICTR/RWANDA
GENOCIDE SUSPECT'S LAWYER ILLEGALLY OBTAINED RWANDAN JUDICIAL DOCUMENTS, SAYS ENVOY
Arusha, April 10th, 2002 (FH) - The Rwandan representative to the International Criminal Tribunal for Rwanda (ICTR), Martin Ngoga said on Tuesday that defence counsel for former Rwandan mayor and genocide suspect Juvenal Kajelijeli illegally entered a Rwandan prison and obtained judicial documents there.
Defence counsel Professor Lennox Hinds of the United States denied all the allegations saying they were "an attempt to interfere with the defence".
The allegations against the defence lawyer have been made in a report by the Rwandan prosecutor for Ruhengeri Province. The report is a follow up to claims by Hinds that the deputy prosecutor of Ruhengeri had intimidated inmates in Ruhengeri prison contacted to testify for the defence in the Kajelijeli case. The documents obtained illegally from Rwanda, says the Rwandan report, include 26 case files and confession statements.
The report also claims that Hinds distributed documents in the prison containing the names of three protected prosecution witnesses in the Kajelijeli case.
Hinds said that the only documents he had distributed in Ruhengeri prison were copies of the inmates own affidavits concerning alleged persecution by the Ruhengeri deputy prosecutor. He also says that the documents he acquired in Rwanda had been accessed after he had received permission from officers in the Ruhengeri office of the prosecutor.
However, Hinds said he had not bothered to have the documents certified or to get written authorisation from the judicial authorities. "I thought I would trust them (authorities)" he said. The ICTR has refused to admit the documents into evidence, pending authentication.
Hinds say that the documents prove "how these prosecution witnesses falsified testimony after being contacted to testify against Kajelijeli". These people told different stories that did not include Kajelijeli when they were arrested and during their confession. "The information is very important and exculpatory", he said.
Ngoga said that the Rwandan office of the Attorney General would be requesting the Tribunal to hand back the documents to Rwanda.
GG/JA/FH(RW-0410e)
* APRIL 10TH, 2002
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ICTR/NTAKIRUTIMANAS
PASTOR'S WIFE DEFENDS HIM IN GENOCIDE TRIAL
Arusha, April 10th, 2002 (FH) - The wife of Seventh Day Adventist pastor and genocide suspect Elizaphan Ntakirutimana told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that her husband and her son Gerard, who jointly charged with his father, "never in any way" participated in the 1994 genocide in Rwanda.
"Did you ever see or hear of Pastor or Gerard carrying weapons of any sort?" asked Pastor Ntakirutimana's defence counsel, Ramsey Clark of the US. " No, never", answered Mrs. Ntakirutimana.
At the time of the 1994 genocide in Rwanda, Elizaphan Ntakirutimana , 77 was pastor of the Seventh Day Adventist church mission at Mugonero in Kibuye province western Rwanda. He is jointly charged with his son Gerard Ntakirutimana, 44. Gerard was a medical doctor at the infirmary which lay in the same church complex. The prosecutor alleges that the two planned and presided over killings of about 5,000 Tutsi refugees in the Mugonero complex during the genocide. An estimated 1 million Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official survey by the government of Rwanda.
The trial of the Ntakirutimanas reopened on Wednesday after it was adjourned in mid February to give room to another trial taking place alternately in the same chamber.
Dressed in a navy blue suit and a white top, the calm but some times nervous looking lady told the court that her whole family had left Mugonero to take refuge in Gishyita commune very early in the morning on April 16th, 1994. The prosecutor says that the killings in Mugonero complex took place on April 16th, 1994.
Mrs. Ntakirutimana said that her husband, between the shooting down of President Juvénal Habyarimana's plane on April 6th that sparked off the genocide, and their fleeing to Gishyita, "went on with his routine office work". She denied prosecution allegations that her husband and son had been involved in militia activities during that period.
Mrs. Ntakirutimana continues to testify before Trial Chamber One of the ICTR, composed of judges Erik Mose of Norway (presiding), Navanethem Pillay of South Africa and judge Andrésia Vaz of Senegal.
GG/JA/FH(NK-0410e)
* APRIL 10th, 2002
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ICTR/KAJELIJELI
KAJELIJELI TRIAL ADJOURNED AS PROSECUTION CLOSES CASE
Arusha, April 10th, 2002 (FH) - The trial of former Rwandan mayor Juvénal Kajelijeli was on Wednesday adjourned to September, after the prosecution announced that is was closing its case before the International Criminal Tribunal for Rwanda, (ICTR). The case resumed on Monday after a break of nearly four months, but was adjourned when two scheduled prosecution witnesses declined to come before the Tribunal to testify.
On Wednesday, Prosecutor Ken Fleming of Australia informed the court that the prosecution was ready to close its case, as the two witnesses were not available. "We are closing the case," the prosecutor said.
Kajelijeli, former Mukingo mayor in Ruhengeri province has denied 11 counts of genocide and crimes against humanity. Prosecution maintains he instigated, planned and participated in the killing of ethnic Tutsi in Mukingo and adjoining communes in 1994.
Fleming said that the prosecution may exercise its right to call the two witnesses at a later stage in the proceedings, in rebuttal of the defence case. He suggested that the defence proceed with its case. "We have made a decision that it is necessary to call the two witnesses, we could leave these two witnesses for rebuttal," Fleming said.
"There are quite some delicate discussions going forward and we don't want to interrupt," Fleming informed the court, referring to the witnesses. There was no
objection by the defence.
On Monday, the prosecution informed the court that the two witnesses had refused to come and testify after a radio announcement by the Rwandan association of genocide survivors that they should not appear before the Tribunal. The court heard that the witnesses have indicated they are waiting to be told over radio that they can appear before the court.
Lawyers American Professor Lennox Hinds and Professor Nkeyi Bompaka of the Democratic Republic of Congo (DRC) represent Kajelijeli.
Professor Hinds told the court he was "sympathetic" to the situation of the prosecution but that he would reserve the right to file a motion regarding the testimonies of some witnesses. He intended to recall some prosecution witnesses but there were some documents yet to be provided from Rwanda, he said.
The case is before the ICTR's Trial Chamber Two, composed of judges William Hussein Sekule of Tanzania (presiding), Winston Churchill Matanzima Maqutu of Lesotho and Arlette Ramaroson of Madagascar.
Judge Sekule said there would be a meeting between the court, the prosecution and the defence on Monday to work out details of the start of the defence case. The defence case is set to start on September 16th, 2002.
At the close of the prosecution case, 14 witnesses had testified.
SW/JA/FH(KJ-0410e)
* APRIL 08th, 2002
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ICTR/KAJELIJELI
MORE WITNESSES BOYCOTT UN TRIBUNAL FOR RWANDA
Arusha, April 8th, 2002 (FH) - Two more witnesses have boycotted the UN International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, until the Tribunal resolves the issue of alleged mistreatment of witnesses by Tribunal officials, Chief Prosecutor Carla Del Ponte said on Monday.
Ten other prosecution witnesses refused to testify at the ICTR late last month. The spokesman of the Tribunal, Kingsley Moghalu, said their refusal "is probably related" to a decision by genocide survivors' organisations to sever co-operation with the tribunal.
The witnesses were due to testify on Monday in the genocide trial of former mayor of Mukingo commune Juvénal Kajelijeli. "They (the witnesses) say they can't come to testify after a radio announcement by the association of survivors that they should not appear before this Tribunal", Del Ponte told the court. "The witnesses have indicated that they are waiting to be told over radio that they can appear before the court", she added.
The court adjourned to Wednesday to give time to the witnesses and victims support section of the ICTR to contact the witnesses. Del Ponte called on the Tribunal to resolve the matter as soon as possible. "Other trials may face the same problem", she said.
The Rwandan genocide survivors' organisation, IBUKA, suspended cooperation with the ICTR in January, after a highly publicised controversial court hearing late last year in which judges appeared to be laughing as a rape victim testified. IBUKA later "relaxed" the suspension, following an agreement between the ICTR and the Rwandan government to set up a joint commission to investigate the allegations of mistreatment of witnesses at the ICTR. The commission was unable to begin its work as expected on April 1st 2002, because both parties are in disagreement over its mandate. According to the Rwandan authorities the commission should also investigate allegations about genocide suspects working at the Tribunal.
The ten witnesses who refused to testify last month in the so-called 'Butare' trial were deleted from the witnesses' list by the court.
The hearing of the case against Juvénal Kajelijeli is before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) and Winston Churchill Matanzima Maqutu (Lesotho).
Kajelijeli was mayor of Mukingo (Ruhengeri prefecture, northwest Rwanda) during the 1994 genocide. He has pleaded not guilty to 11 counts of genocide and crimes against humanity. Prosecution maintains he instigated, planned and participated in the killing of ethnic Tutsi in Mukingo and adjoining communes in 1994. The case had been adjourned in December after the hearing of 14 prosecution witnesses.
GG/JA/FH(KJ-0408e)
* APRIL 8th, 2002
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ICTR/ BUTARE
BUTARE TRIAL ADJOURNED TO MAY, WITNESS FAILS TO IDENTIFY ACCUSED
Arusha, April 8th, 2002 (FH) - The trial of six individuals charged with genocide crimes in Butare, (south of Rwanda) will resume on May 20th before the International Criminal Tribunal for Rwanda (ICTR). The trial chamber hearing the case is also hearing alternately the trial of the former mayor of Mukingo, Juvénal Kajelijeli, which restarted on Monday.
The so-called 'Butare Trial' groups former Minister for Family Affairs and Gender Issues, Pauline Nyiramasuhuko, and her son Arsene Shalom Ntahobali, former Butare prefects, Sylvain Nsabimana and Alphonse Nteziryayo and former mayors of Ngoma and Muganza, Joseph Kanyabashi and Elie Ndayambaje.
Prior to the adjournment of the trial, the tenth prosecution witness failed to identify Ntahobali, whom she had accused of having raped her during the 1994 events in Rwanda. The witness, known only as "TN" to protect her identity, is a Tutsi woman survivor of the 1994 genocide.
Prosecutor Nigerian Adesola Adeboyejo questioned TN in her principal testimony. She told the court that on April 21st 1994 Ntahobali raped her after tearing her clothes with a knife. The witness pointed at an ICTR security officer and identified him as the accused Ntahobali who had allegedly raped her. TN was seventeen years old at the time of alleged attack.
The accused, said the witness, also inserted broomsticks into her private parts and ordered three militiamen to assault her in the same way. She also told the court that Ntahobali ordered the militiamen to rape her.
TN said Ntahobali ordered the militiamen to sexually assault six other young girls who were locked up with her in a house. "We stayed there for five days," said the witness, who testified in Kinyarwanda. She added that they ate nothing but were given water to drink before being raped.
The witness said that Ntahobali raped her again before she was taken to a refugee camp in Burundi where she was 'made a wife' to a militiaman she identified only as Alexis. She said he ordered other militiamen to rape her.
Defence teams declined to cross-question the witness after her testimony. Ntahobali's co-counsel Normand Marquis of Canada said it was not necessary to cross-examine the witness given that she could not identify the person she accused of raping her.
TN is the second witness in the Butare trial to testify having been raped by Ntahobali. On October 26th last year, another witness known as "TA" told of rape ordeals and said the accused Ntahobali was one of her attackers.
The hearing is before ICTR's Trial Chamber Two, composed of Judges William Hussein Sekule of Tanzania (presiding), Arlette Ramaroson (Madagascar) Winston Churchill Matanzima Maqutu (Lesotho).
SW/JA/FH (BT-0408e)
* APRIL 04, 2002
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ICTR / BIKINDI
MUSICIAN PLEADS NOT GUILTY TO GENOCIDE CHARGES
Arusha, April 4th, 2002 (FH) - Rwandan musician and genocide suspect Simon Bikindi, 48, on Thursday pleaded not guilty to five counts of genocide charges before the International Criminal Tribunal for Rwanda (ICTR).
"Loyally and honestly, I plead not guilty," Bikindi, who was wearing a suit, stated after each count was read out to him.
Bikindi is charged with conspiracy to commit genocide, genocide, direct and public incitement to commit genocide, murder as a crime against humanity and persecution as a crime against humanity.
According to the prosecution, Bikindi collaborated with the late Rwandan head of state, Juvénal Habyarimana, the former Minister for Youth and Sports Callixte Nzabonimana, national political leaders as well national militia leaders to militarise and indoctrinate youth with anti-Tutsi ideology.
The youth in question became part of the mainly Interahamwe (militia) for the ruling political party of the day, MRND, of which Bikindi was a member. Bikindi is also accused of recruiting and training Interahamwe militia and inciting public officials and local populace to kill Tutsis.
Some of the individuals Bikindi is said to have collaborated with are already detained by the ICTR. They include Ferdinand Nahimana and Jean-Bosco Barayagwiza (both accused in the so-called Media Trial), Anatole Nsengiyumva (in the Military trial), and Joseph Nzirorera.
Bikindi, born on September 15th, 1954 in Rwerere commune, Gisenyi prefecture, was a well-known composer and singer of popular music during the period referred to in his indictment. He was also director of a performance group Irindiro Ballet and an official in the Rwandan Ministry of Youth and Sports.
The prosecution maintains that Bikindi agreed with or collaborated with authors of a scheme to "defeat the enemy militarily, in the media and politically"; the enemy being the Tutsi inside and outside the country and their "accomplices".
Callixte Nzabonimana, Minister of Youth and Sports and an MRND member, allegedly authorized and sponsored Bikindi's compositions and live performances of the Irindiro Ballet dance troupe through the Ministry.
"Simon Bikindi's song lyrics manipulated the politics and history of Rwanda to promote Hutu solidarity," says the prosecution. The music was allegedly played on the 'hate media' Radio-Television des Milles Collines (RTLM).
Prosecution adds that between April and June 1994, Bikindi's music, particularly compositions called 'Bene sebahinzi' and 'Naga abahutu', was played repeatedly throughout the day. Bikindi's music has been banned in Rwanda since the end of the 1994 genocide.
During his initial appearance, the court heard how Bikindi, in July 1994, ordered the killing of a Tutsi woman hiding in the ceiling of her house under protection of her Hutu husband. The victim, Ancilla, was discovered by Bikindi's Interahamwe colleagues, Noël and Pascal, and he reportedly ordered them to take her away. The two allegedly killed the woman and her four-year-old daughter at the orders of Bikindi and buried her in a shallow grave.
The prosecution also accuses Bikindi of operating a vehicle fitted with a public address system in Gisenyi province in June 1994, from which he was announcing: "The majority population, it's you, the Hutu I am talking to. You know the minority population is the Tutsi. Exterminate quickly the remaining ones." Bikindi is alleged to have broadcast his music from the same vehicle, as he was leading an Interahamwe caravan.
The musician was arrested on July 12th, 2001 in Leiden, the Netherlands, by Dutch authorities at the request of the ICTR Prosecutor. He lost a legal battle against his extradition to the ICTR and was transferred to the ICTR's UN detention facility on March 28th, 2002.
Bikindi appeared before ICTR's Trial Chamber Three judge, Pavel Dolenc of Slovenia. ICTR duty counsel, Barhat Chadha of Tanzania represented Bikindi.
SW/JA/FH (SB-0404e)
* APRIL 4th, 2002
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ICTR / MILITARY
MILITARY TRIAL ADJOURNED TO SEPTEMBER
Arusha, April 4th, 2002 (FH) - The trial of four former senior military officers in Rwanda, which started on Tuesday will resume in September, before the International Criminal Tribunal for Rwanda (ICTR).
The decision was made after a status conference behind closed doors, on Wednesday, between the judges of ICTR's Trial Chamber Three, the prosecution and defence teams in the so-called Military Trial.
The Military trial groups genocide suspects, former advisor at the Rwandan defence ministry (chef de cabinet) Théoneste Bagosora and three former senior commanders in the former Rwandan army: Anatole Nsengiyumva, Aloys Ntabakuze and Gratien Kabiligi. They have all denied genocide charges for crimes committed during the 1994 massacres in Rwanda.
On Tuesday, the four accused refused to appear at the opening of their case, arguing that the prosecution had violated their rights. They are protesting delayed disclosure of witness statements.
In a press conference by the defence teams on Tuesday, the lawyers argued that they had not received the list of witnesses the prosecution intended to call as well as fundamental documents. "There is no basis for making an opening statement," said the defence.
The defence said they were unable to prepare for cross-examination of prosecution witnesses under the "prevailing conditions". The defence maintains that their clients are "not boycotting" the proceedings but "they cannot be party to an unfair trial."
The first prosecution witness scheduled to testify is American historian and human rights activist, Alison Des Forges. The defence is yet to receive the French version of her expert report.
All defence teams had vigorously opposed the start of the trial on Tuesday saying the prosecution was not ready to proceed with witnesses. However, the court allowed prosecution to make its opening statement. This was followed by the status conference, to address the issues raised by the defence.
The hearing is before ICTRs Trial Chamber Three composed of judges Lloyd George Williams of St. Kitts and Nevis, Pavel Dolenc of Slovenia and Andresia Vaz of Senegal.
SW/JA/FH (ML-0404e)
* April 03rd, 2002
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ICTR/BUTARE
TEN GENOCIDE WITNESSES REFUSE TO TESTIFY FOR UN TRIBUNAL
Arusha, April 03rd, 2002 (FH) - Ten would be witnesses for the prosecution at the United Nations International Criminal Tribunal for Rwanda (ICTR) have indicated that they are no longer "willing to co-operate with the Tribunal" and will not be testifying".
The decision comes in the wake of a highly publicised controversial court hearing late last year, in which ICTR judges appeared to be laughing as a rape victim testified. Genocide survivors' organisations in Rwanda called for their members to cut co-operation with the Tribunal. All ten witnesses were due to testify in trial Chamber Two of the ICTR in the "Butare trial" which groups six people accused of genocide crimes in Butare southern Rwanda. The controversial incident took place in the same trial Chamber.
"It is probably related to that (decision by genocide survivors' organisations to severe co-operation with the tribunal)", said ICTR spokesperson, Kingsley Moghalu, of the decision by witnesses not to co-operate with the Tribunal. Moghalu could not confirm whether or not there are similar cases of witnesses for other trials at the Tribunal refusing to co-operate with the ICTR.
Genocide survivor's umbrella organisation IBUKA and AVEGA (organisation for women genocide survivors) suspended co-operation with the ICTR in January. They later "relaxed" the suspension following an agreement between the ICTR and the Rwandan government to set up a joint commission to investigate the allegations of mistreatment of witnesses at the ICTR and, according to the Rwandan authorities, allegations that genocide suspects are working at the Tribunal. The commission was due to start its investigation on April 1st, 2002, but has not started, as both parties are in disagreement over its mandate.
According to a court decision deleting the witnesses from the prosecutor's witness list, some of the witnesses simply refused to co-operate or even to meet ICTR officials, whereas others were sick or were recovering from sickness, but were nevertheless unwilling to co-operate with the ICTR or to testify in Tanzania.
Trial Chamber Two of the ICTR, composed of judges William Sekule of Tanzania (presiding), Winston Maqutu of Lesotho and Arlette Ramaroson of Madagascar, denied the prosecutor's motion requesting additional time to contact the witnesses and "attempt to persuade them to testify before the Tribunal". The chamber noted that it was in the interest of justice that the defence be given full witness statements in due time.
Witness statements for protected witnesses, such as the ten in question, can only be disclosed to the defence after the witnesses have confirmed their participation in the trial.
"The message behind the decision of the judges is that the tribunal will not be blackmailed by anyone", said Moghalu.
GG/JA/FH (BT-0403e)
* APRIL 2nd, 2002
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ICTR / MILITARY
MILITARY TRIAL PROCEEDS DESPITE ABSENCE OF ACCUSED
Arusha, April 2nd, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Tuesday afternoon started the case of four former senior Rwandan military officers charged with genocide crimes in Rwanda in 1994, without the presence of the accused in court.
The four accused in the so-called 'Military Trial', Théoneste Bagosora, Anatole Nsengiyumva, Aloys Ntabakuze and Gratien Kabiligi refused to appear in court, alleging violation of their rights by the prosecution. They are protesting against delayed disclosure of prosecution witnesses' statements.
The case did not commence as scheduled in the morning, because of the accused' absence, but the court instructed the Registry to write to each of the accused and remind them that it was their right to attend the court proceedings and that it was in their interest and in the interest of justice that they should be present during the hearings.
The court had indicated that even if they did not appear, the Chamber would proceed with the trial. In the afternoon, the Chamber announced its decision to proceed with the prosecution's opening statement.
Four powerful men
ICTR Chief Prosecutor, Carla Del Ponte, from Switzerland, told the court in her opening statement that this was the trial of four men "for the wrongs they have done to the people of Rwanda, constituting the worst crimes known to mankind." All four were highly respected senior officers in the Rwandan Armed Forces, during the genocide and before, she added.
"The crimes committed in Rwanda in 1994 shock the human conscience by their gravity and their widespread and massive character," she said.
The Prosecutor told the court the issue to be resolved is: "Who is responsible for close to a million deaths in a few months? Who is responsible for all the other victims, mutilated, tortured, raped, left for dead and many more left without sufficient assistance?"
She stated that although the Tribunal cannot, unfortunately, write the whole history of the Rwanda genocide and its genesis, "trying the principal perpetrators will be our contribution, albeit modest but fundamentally important."
The bulk of the prosecution's opening statement was delivered by prosecutor Chile Eboe Osuji of Canada and Nigeria. Osuji said that the wind of political change had been blowing in Rwanda, but the authors of the genocide did not want to share power and opted to plunge the country into bloodshed.
The four accused were involved in a deliberate and systematic plan to eliminate what they termed as the "enemy", according to the prosecution; namely, all Tutsis and moderate Hutus who were seen as the "accomplices" to the "enemy".
"They deployed the full weight of their authority to this notion", said Osuji. They allegedly cajoled those who were willing to join them and imposed their plan upon those who were unwilling. He told the court that between April 6th and 7th 1994, the accused began by assassinating officials designated to take part in the interim government. These included the Prime Minister Agathe Uwilingiyimana.
The main goal, the court heard, was to defeat the "enemy in the battlefield, in the media and in the political arena," according to Osuji. He said the planning constituted such an intense and complex web that would baffle the common man at first glance.
In his opening statement, Osuji compared the accused Théoneste Bagosora, former advisor at the Rwandan defence ministry (chef de cabinet), to (Germany's Adolf) Hitler. The prosecution maintains that Bagosora assumed "de facto" control of military and political affairs in Rwanda following the April 6th plane crash that killed former President Juvénal Habyarimana, and sparked the genocide. Bagosora, 61, is facing twelve counts, including conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity and violations to the Geneva conventions.
Osuji told the court that Bagosora's political stance was clear; he was even opposed to the peace talks on Rwanda which took place in Arusha in 1993 - "he left the peace talks in a huff and said he was going home to prepare the second apocalypse," said Osuji.
Another defendant, Nsengiyumva, 52, a former Lieutenant Colonel in the Rwanda Armed Forces, faces eleven counts including genocide, direct and public incitement to commit genocide and crimes against humanity. He was allegedly involved in training and distribution of weapons to militia as well as preparation of lists of people to be eliminated.
The two other accused are Ntabakuze, 48, a former Major and Commander of the Para-Commando Battalion in the Rwandan Armed Forces, who is jointly charged with Kabiligi, 51, a former general in the General Staff of the Rwandan Armed Forces. They are charged with ten counts of conspiracy to commit genocide, genocide, crimes against humanity and violations to the Geneva conventions.
According to Osuji, the accused are among a clique that was determined to have his or her own Hutu extremist mode of an interim government. They incited Rwandan civilians to kill Tutsis, threatened to punish and even punished those who did not, the prosecutor told the court.
He said that even as the peace talks were going on, there was a marked increase of numbers in the armed forces, acquisition of weapons, training activities and teaching of militia (Interahamwe) by military personnel on how to kill.
He said that the four also held meetings with other senior military officials to enhance their course and they also supported the 'hate media' - Radio-Television de Milles Collines (RTLM). As a result, a campaign of intense hate and fear was generated and disseminated, frightening the population into thinking that the mainly Tutsi Rwandan Patriotic Front (RPF) was coming to town not only to kill (President Juvénal) Habyarimana but also to kill Hutus.
The prosecution told the court that killings took place everywhere during the genocide, including hospitals, schools, government offices and places of worship such as churches and mosques. Osuji said that this was done with the help of a militia already trained on how to "kill the enemy more strategically and efficiently."
"There are stories of victims buying bullets," asking to be shot instead of being hacked to death with crude weapons; women and girls who were raped before being killed or kept as sex slaves; and human remains which were washed up rivers and lakes all over the country, said the prosecutor.
"This was deliberately contrived real life horror, and these men are some of the lead authors and actors of the horror in Rwanda in 1994. They unleashed a legion of ferocious demons throughout the country," he told the court.
Two of the accused, Bagosora and Nsengiyumva, were arrested in Cameroon on March 9th, 1996 and March 27th, 1996 respectively. Both Ntabakuze and Kabiligi were arrested Kenya on July 18th, 1997.
Raphael Constant of Martinique/France represents Bagosora, Kenyans Kennedy Ogetto and Otachi Bw'Omanwa represent Nsengiyumva, Canadians Clemente Monterosso and Andre Tremblay represent Ntabakuze and Kabiligi by Jean Degli of Togo and France and Silvia Olympio of France.
The hearing is before ICTR's Trial Chamber Three composed of judges Lloyd George Williams of St. Kitts and Nevis, Pavel Dolenc of Slovenia and Andresia Vaz of Senegal. There will be a status conference between lawyers and judges on Wednesday morning to discuss the absence of the accused and other issues.
SW/JA/ FH (ML-0402f)
APRIL 2nd, 2002
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ICTR / MILITARY
DELAYED START TO LONG-AWAITED MILITARY TRIAL
Arusha, April 2nd, 2002 (FH) - Absence of all the four accused delayed the start on Tuesday of the long-awaited trial of former advisor at the Rwandan defence ministry (chef de cabinet) Théoneste Bagosora and three former military leaders, at the International Criminal Tribunal for Rwanda (ICTR).
The so-called Military case groups genocide suspects Bagosora, Anatole Nsengiyumva, Aloys Ntabakuze and Gratien Kabiligi.
None of the accused was present in the courtroom when the ICTR judges and the prosecution, including the Chief Prosecutor Carla del Ponte arrived for the commencement of the case. "Registry, I notice that the accused are not in court - any information?", asked presiding judge Lloyd George Williams of St. Kitts and Nevis.
The court heard that all the accused had said they would not come to court and that they "will be represented by their counsel".
But prosecutor Chile Eboe Osuji of Canada and Nigeria said "they should be brought here any way possible. That is quite reasonable."
The defence says the accused are protesting delayed disclosure of documents and statements of prosecution witnesses. They say will not be party to "an unfair trial."
Raphael Constant of Martinique/France represents Bagosora, Nsengiyumva is presented by Kenyans Kennedy Ogetto and Otachi Bw'Omanwa, Ntabakuze by Canadians Clemente Monterosso and Andre Tremblay, and Kabiligi by Jean Degli of Togo and France and Silvia Olympio of France.
Defence counsels told the court that the accused "are not boycotting the trial" but that they do not want the commencement of the trial under the "prevailing conditions." "If the accused person can get all the statements, they will come to court," said Bw'Omanwa.
Bagosora is charged with genocide and crimes against humanity. Prosecution maintains that Bagosora, following the plane crash that killed former President Juvénal Habyarimana, assumed "de facto" control of military and political affairs in Rwanda. He was arrested in Cameroon on March 9 1996.
Nsengiyumva, a former Lieutenant Colonel in the Rwanda Armed Forces, is charged with direct and public incitement to commit genocide and crimes against humanity. He was arrested in Cameroon on March 27th 1996.
Ntabakuze, a former Major and Commander of the Para-Commando Battalion in the Rwandan Armed Forces, is jointly charged with Kabiligi, a former general in the General Staff of the Rwandan Armed Forces. They face charges on genocide, complicity in genocide, and crimes against humanity. Both were arrested in Kenya in 1997.
The hearing is before Trial Chamber Three of the ICTR, composed of judges Lloyd George Williams of St. Kitts and Nevis, Pavel Dolenc of Slovenia and Andresia Vaz of Senegal.
The court instructed the Registry to write to each of the accused and remind them that it was their right to attend the court proceedings and that it was in their interest and in the interest of justice that they should be present during the hearing: If they decide to boycott, the Chamber will proceed with the trial, said the presiding judge.
SW/JA/FH (ML-0402e)
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