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Information, Documentation and Training Agency, Arusha (Tanzania): International Criminal Tribunal for Rwanda (ICTR)

ICTR - Eliézer Niyitegeka, former minister for information


APRIL 22ND 2004
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ICTR/ NIYITEGEKA

PROSECUTION WITNESSES TOLD BLATANT LIES, NIYITEGEKA CLAIMS

Arusha, April 22nd, 2004 (FH)- Former Rwandan Minister for Information and genocide convict Eliezer Niyitegeka on Thursday claimed before the Appeals Chamber of the International Criminal Tribunal for Rwanda that the evidence presented against him by prosecution witnesses during his trial were blatant lies.

"All statements made by factual witnesses are unfounded and merit to be deemed as blatant lies," Niyitegeka stated. Niyitegeka told the five judges hearing his appeal that the evidence of the factual witnesses were the results of coaching. The prosecution called 13 witnesses while the defence called 11.

He also found the conclusions of the trial chamber which convicted him last year "restrictive", when it stated that he was a person of good character before the 1994 Rwandan genocide.

"My character was good before the event, during the event and even now", he declared.

According to Niyitegeka, had the prosecutor carried out objective investigations, he would have realised that the allegations by the witnesses were inconsistent with his actions during the genocide. The trial chamber had rejected the alibi he gave as defence.

Regarding the participation of a prosecution attorney who had been suspended by the New York bar from practicing law, he said that her presence had caused enormous damage to his case.

Niyitegeka was allowed to make a personal statement for 15 minutes after his lawyer had completed his submission. The hearing of the appeal ended after his statement.

Niyitegeka, 52, was convicted by ICTR trial chamber on six counts of genocide and crimes against humanity on May 15th 2003 and sentenced to life imprisonment.

During the hearing of the appeal, Niyitegeka was represented by Irish lawyers Sylvie Geraghty and Feargal Kavanag while Ken Flemming from Australia led the prosecution.

The case is before Judges Theodor Meron of USA presiding, Mohamed Shahabudddeen, (Guyana) Florence Mumba, (Zambia) Wolfgang Schomburg, (Germany) Ines Monica Weinberg de Roca (Argentina). The Appeals Chamber has so far confirmed seven convictions and one acquittal.

PJ/JA/GF/FH (NI''0422F)




APRIL 22nd 2004
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ICTR/ NIYITEGEKA

PROSECUTOR DEFENDS NIYITEGEKA'S CONVICTION

Arusha, April 22nd, 2004 (FH)- A senior trial attorney before the Appeals chamber of the International Criminal Tribunal for Rwanda hearing the appeal of the former Rwandan minister for Information Eliezer Niyitegeka on Thursday defended the judgment and conviction of the accused.

"The judgment is a very carefully rendered one taking into account all matters required," said Ken Flemming (Australia) in reference to the judgment by the trial chamber. Niyitegeka, 52, was convicted by the ICTR trial chamber on six counts of genocide and crimes against humanity on May 15th 2003 and sentenced to life imprisonment.

Flemming argued that the prosecution case against Niyitegeka was "very strong and unassailable", contrary to the argument claims by the defence team that Niyitegeka was convicted on witness statements that were contradictory and "uncorroborated".

He added that the trial chamber tested the evidence of the prosecution and defence witnesses and was entitled to rely on them. The prosecution called 13 witnesses while the defence called 11.

Concerning the accusations by the defence that the involvement of a prosecutor Melinda Pollard (USA) who had been suspended twice by the New York bar, Flemming said despite her participation, Niyitegeka got a fair trial.

"Pollard had issues discrediting her but that does not make her an incompetent lawyer", Flemming argued.

Flemming maintained that Pollard was working under his supervision and was not a senior attorney in charge of prosecuting the trial.

"Without Pollard, there is still a substantive case against the accused," Flemming declared.

The case is before Judges Theodor Meron of USA presiding, Mohamed Shahabudddeen, (Guyana) Florence Mumba, (Zambia) Wolfgang Schomburg, (Germany) Inés Monica Weinberg de Roca (Argentina).

The Appeals Chamber has so far confirmed seven convictions and one acquittal.

PJ/JA/GF/FH (NI''0422e)



APRIL 21st 2004
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ICTR/ NIYITEGEKA

NIYITEGEKA CONVICTED ON MERE ALLEGATIONS

Arusha, April 21st , 2004 (FH)- A defence attorney on Wednesday told the Appeals chamber of the International Criminal Tribunal for Rwanda hearing the appeal of the former Rwandan minister for Information Eliezier Niyitegeka that the accused was convicted on "mere allegations".

Niyitegeka's co-counsel Feargal Kavanag stated before the chamber that "it is too dangerous to convict a person on mere allegations." Kavanag said Niyitegeka had been convicted for the murders of three Tutsis during the genocide yet only one witness said the victims existed .There was no corroboration of this evidence, he argued.

Niyitegeka, 52, was convicted by ICTR trial chamber on six counts of genocide and crimes against humanity on May 15th last year and sentenced to life imprisonment.

Kavanag further submitted that the alleged murders were not in the indictment but were only brought up during the trial by the witness. The trial chamber in its judgment found Niyitegeka was personally responsible for murder, including that of a Tutsi called Kabana who was killed, "decapitated and then castrated", and that of a Tutsi woman.

He added that the trial chamber made an error by dismissing the alibi of Niyitegeka instead of giving him the benefit of the doubt.

The defence attorney also discredited the evidence of three witnesses handled by a former prosecutor in the case Melinda Pollard (USA) as unreliable. One of the witnesses GK was an accomplice in the genocide crimes allegedly committed by Niyitegeka and should have also been prosecuted, he claimed.

The case is before Judges Theodor Meron of USA presiding, Mohamed Shahabudddeen, (Guyana) Florence Mumba, (Zambia) Wolfgang Schomburg, (Germany) Inés Monica Weinberg de Roca (Argentina).

The Appeals Chamber has so far confirmed seven convictions and one acquittal.

The prosecutor Ken Flemming of Australia will present arguments on Thursday.

PJ/JA/GF/FH (NI''0421F)



MAY 21st, 2003
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RWANDA/NIYITEGEKA

KIBUYE WELCOMES EX-MINISTER’S LIFE SENTENCE

Kibuye, May 21st, 2003 (FH) - Residents of the West Rwanda provincial town of Kibuye have welcomed the life imprisonment sentence imposed on former
Rwandan information minister and native of Kibuye, Eliézer Niyitegeka as “corresponding to the crimes he committed”.

Niyitegeka, 51, was on May 15th, 2003 convicted on six counts of genocide and crimes against humanity. He was sentenced to life imprisonment. He
committed most of the crimes in the Bisesero region of Kibuye - his birthplace.

Some residents of the lake-side town retreated to bars to celebrate the judgement. Others left work early to discuss the judgement with neighbours.

“Considering the number of people he killed here and the continuing suffering of the survivors, I think he deserves the punishment”, said Joseph Ndahimana, a demobilised soldier and native of Kibuye.

A group of students from the Kibuye campus of Kigali Health Institute standing on a veranda on the main street also hailed the sentence. “He has been given the right punishment. I wish the same was done to others who killed innocent people”, shouted one of the students.

Some residents however indicated that Niyitegeka’s sentence was less than he deserved. “For Arusha, it is okay”, said Ndikumana referring to the ICTR. “But for Rwandans, the only punishment he deserves is death”, he added.

In passing their sentence, Judges at the ICTR noted that the crimes Niyitegeka committed were full of “hatred”. They gave as an example Niyitegeka’s murder of a Tutsi called Kabanda. After his killing, he was beheaded and castrated. Judges also cited Niyitegeka’s killing of a Tutsi woman, who after killing her, the accused ordered Interahamwe militia to sharpen a piece of wood and insert it into the victim’s genitalia and leave her by the roadside.

GG/CE/FH(NI’0519e)


MAY 15TH,2003
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ICTR/NIYITEGEKA

EX-MINISTER NIYITEGEKA SENTENCED TO LIFE

Arusha,May 15TH, 2003 (FH) - The former minister of information in the interim rwandan government, Eliézer Niyitegeka, was on Thursday sentenced to life imprisonment by the International Criminal Tribunal for Rwanda (ICTR) after he was found him guilty of genocide and crimes against humanity.

Trial Chamber One of the ICTR found Niyitegeka, 50, guilty on six of the ten counts initially brought against him. He was convicted of genocide, complicity in genocide, direct and public incitement to commit genocide and crimes against humanity (assassination, extermination and other inhuman acts).

The chamber on the other hand exonerated the accused on complicity to commit genocide, crimes against humanity (rape) and war crimes.

Niyitegeka was judged responsible for the massacres of Tutsis during the genocide and violating international humanitarian law committed in Bisesero in the western province of Kibuye.

In rendering the judgement, the chamber said that in its view, the crimes committed were “of a heinous nature”. The judges unanimously considered it an aggravating circumstance the fact that the accused was a minister. “Instead of promoting peace, he turned to violence, incited and participated in massacres of civilians”.

The chamber also recognised some mitigating circumstances but which “were outweighed by aggravating circumstances”.

Among the mitigating circumstances were the fact that Niyitegeka had saved Hutus and Tutsis during the genocide, and that he was of good character before 1994. The chamber also recognised the fact that before 1994, the accused preached democratic principles and fought against ethnic discrimination.

The chamber nevertheless concluded that the accused accepted to be a minister in the interim government on his own free will, and that he supported the actions of the prime minister, Jean Kambanda who pleaded
guilty before the ICTR in 1998. It also found that he had incited Interahamwe militia to kill Tutsi civilians.

It was found that the accused was also personally responsible for murder, including that of a Tutsi called Kabanda who was killed, "decapitated and then castrated", and that of a Tutsi woman. After killing her, the accused ordered Interahamwe militia to sharpen a piece of wood and insert it into the victim’s genitalia and leave her by the roadside.

Niyitegeka’s trial was one of the fastest that the ICTR has ever conducted. The trial began on June 17, 2002 and has been in deliberation since February 28, 2003. The case was heard by Trial Chamber One composed of Navanethem Pillay of South Africa (presiding), Erik Møse of Norway and Andrésie Vaz from Senegal.

Eliézer Niyitegeka is defended by two Irish judges, Sylvie Geraghty and Me Feargal Kavanag, while the prosecution is represented by Melinda Pollard form the USA.

The prosecution called 13 witnesses while the defence called 11. Niyitegeka had pleaded not guilty to all charges levelled against him.
KN/AT/CE/FH (NI'0515e)


MAY 14TH,2003
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ICTR/NIYITEGEKA

FORMER INFORMATION MINISTER’S VERDICT OUT MAY 15

Arusha, May 14th, 2003 (FH) - The International Criminal Tribunal for Rwanda
(ICTR), will on Thursday, May 15, pass the verdict in the case against the
former minister of Information, Eliézer Niyitegeka.

Niyitegeka, 50, is charged with eight counts of genocide and crimes against
humanity against Tutsis during the 1994 genocide. The crimes were allegedly
committed in Bisesero hills in Kibuye, western Rwanda.

The accused comes from Gisovu commune where Bisesero hills are situated.

Niyitegeka’s trial, one of the fastest the ICTR has ever conducted, began on
June 17, 2002. Trial Chamber One began deliberations on February 28, 2003.
It is composed of Judge Navanethem Pillay of South Africa, Erik Møse from
Norway and Andrésie Vaz from Senegal.


Eliézer Niyitegeka’s counsel is composed of Sylvie Geraghty and Feargal
Kavanag from Ireland, while the prosecution is represented by Melinda
Pollard from the United States. 13 witnesses appeared for the prosecution,
while the defence called 11.

The prosecution called for a maximum sentence of life imprisonment but the
defence argued for an acquittal.

Specific allegations

The prosecution maintains that the accused ordered, directed and personally
took part in massacres of civilians with the aim of partially or totally
exterminate Tutsis.

It continues that when the interim government took over, many members of the
government rallied to the call of exterminating Tutsis and took the
necessary measures to execute the plan.

“They incited and distributed arms to the population to eliminate the enemy
and his accomplices, replaced local authorities opposed to the massacres
with those ready to put into action plans to eliminate the civilian Tutsi
population”, said the prosecution.

It is also alleged that members of the interim government motivated,
encouraged, facilitated and assented to rape and sexual violence against
Tutsis, and on certain occasions, participated in those crimes as an
example to militia, soldiers and gendarmes over whom they had authority.

“On or around May 20, 1994, political militants and militia under the
supervision of Eliézer Niyitegeka, forced a girl into the latter’s car and
he raped her. When the victim left the car, Niyitegeka shot her dead”, the
indictment reads in part.

“Similarly, on or about 28 June, 1994, Eliézer Niyitegeka used his car to
run another vehicle off the road. The occupants of the vehicle, a man and a
woman, were shot to death. Niyitegeka approached the vehicle and instructed
the militia that had gathered nearby to undress the woman, cut a piece of
wood, and insert it in the woman’s genitalia”.

The prosecution considers that there is a number of aggravating
circumstances against Niyitegeka. “The accused was a minister, right at the
top of the government hierarchy. He was a journalist - a person of reference
in society. As a minister, he swore to respect the constitution, but instead
he violated it in participating in the attacks”, stated a member of the
prosecution team.

Niyitegeka pleads not guilty

The defence questioned the credibility of most of the prosecution witnesses,
saying that the prosecution had not proven beyond reasonable doubt the guilt
of their client.

In the defence’s view, Niyitegeka should not be declared guilty “simply
because the RPF (Rwandese Patriotic Front, now in power in Kigali) made
noise about the genocide, and that some witnesses allegedly saw the accused
running all over the hills of Bisesero".

According to Kavanag's argument before the tribunal, “undue influence was
exerted on some witnesses, others, for reasons only known to them, wanted to
settle scores with political leaders, while others were used. The truth is
that the witnesses failed to prove beyond reasonable doubt my client’s
guilt.”

Kayanag also pointed out contradictions of prosecution witnesses and charged
that some of them changed their testimonies to suit certain situations. He
asked the chamber to reject the evidence on the grounds that some were made
by “accomplices to the massacres” while other had been thrown out in other
trials”.
Geraghty painted her client as “a man who did his best to save people”,
adding that he had pleaded with the international community to come to the
rescue of Tutsis and Hutus who were in danger, but that his pleas went
unheard.
The Irish defence lawyer stated it was a pity the way the prosecutor handled
the case, saying that it would never figure in law book manuals as "it was
not a noble cause”.
After his studies in Romania, Eliézer first became a journalist with Radio
Rwanda, before becoming a member of parliament. He then worked for a textile
company, became a businessman before being appointed minister. He was a
member of an opposition party during the Habyarimana regime, the Mouvement
Démocratique Républicain (MDR). The prosecution maintains that he was a
member of he extremist “Hutu power” faction within the party that was
opposed to sharing power with the RPF.
Niyitegeka was arrested in Kenya on February 9, 1999 and transferred to
Arusha two days later. "It is our view that during the last four year the
prosecution hay been fabricating evidence”, the defence alleged.
The accused is married with five children.

KN/AT/CE/FH (NI'0512e)


APRIL 22nd, 2003
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ICTR/CALENDAR

ICTR TO DELIVER TWO JUDGEMENTS MAY15

Arusha, April 22nd 2003 (FH) - The International Criminal Tribunal for Rwanda (ICTR) will deliver two judgements May 15.

According to the ICTR’s judicial calendar published on its website, the two judgements will be those of the former minister of information in the interim government, Eliézer Niyitegeka, and of the former mayor of Bicumbi, Laurent Semanza.

It will be the first time that two judgments are delivered on the same day in the history of the ICTR. The first verdict was delivered in 1998.

Semanza’s trial began on October 16, 2000 and has been in deliberation since June 19, 2002 in Trial Chamber Three presided over by George Lloyd Williams of Saint-Kitts and Nevis, and assisted by Yakov Ostrovsky from Russia and Pavel Dolenc of Slovenia.

Niyitegeka’s trial also goes in history as the fastest trial in the history of the tribunal. His trial began on June 17, 2002 and has only been in deliberation since February 28, 2003. It is being heard by Chamber One composed of the South African Judge Navanethem Pillay (presiding), Erik Møse from Norway and Andrésie Vaz from Senegal.

The last judgement delivered by the ICTR was on February 19, 2003. It was the joint trial of Pastor Elizaphan Ntakirutimana and his son, Dr. Gerald Ntakirutimana. Both were sentenced to 10 and 25 years in prison respectively.


Some trials come to an end, others still a long way to go

The same team in Chamber One is also conducting the joint trial of three Rwandans accused of using the media to call for and propagate the genocide. According to information from the Registry, the trial which was suspended on April 11, 2003, will resume in “the week starting May 5th,” when the last witnesses are expected to be called.

The closing statements in the “media trial” are expected to be delivered by counsels for both sides between August 18th and 22nd. It groups together the alleged promoter of Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana, a former political advisor in the ministry of foreign affairs and at the same time member of the steering committee of RTLM, Jean Bosco Barayagwiza, and Hassan Ngeze, former owner and editor-in-chief of “Kangura” newspaper. The trial started on October 23, 2000.

Ever since the trial began, Jean-Bosco Barayagwiza has been boycotting the proceedings on the grounds that the tribunal is manipulated by the Rwandan government.

Chamber Two on the other hand is conducting the trial of Juvenal Kajelijeli, the former mayor of Mukingo in Ruhengeri (north-western Rwanda). He is currently testifying on his own behalf and is the last witness in this trial which started on July 4, 2001.

Chamber Two is alternating the Kajelijeli trial with that of the former minister of higher education and scientific research and culture in the interim government, Jean de Dieu Kamuhanda, and that of six people accused of genocide the southern province of Butare.

Kamuhanda’s trial will resume April 28 and is slated to go up to May 22. The Butare trial, the third that Chamber Two is hearing, has been programmed to run from June 9 to July 10.

Uncertainty lingers over the date of resumption of the two current trials in Chamber Three; the Cyangugu trial, which involves three senior personalities in the south-west Rwanda province, and the Military case, the joint trial of four military officers.

The Cyangugu Trial was adjourned pending an eventual motion for rebuttal by the prosecution that might call more witnesses to counter defence testimonies.

The military trial is linked to the arrival of new judges who are expected as of May 24. The mandate of one of the sitting judges, Pavel Dolenc of Slovenia, will expire next month. He has to be replaced by a new judge.

AT/CE/KN/FH (CL'0422e)

FEBRUARY 28TH, 2003
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ICTR/ NIYITEGEKA

PROSECUTION WITNESSES ARE UNRELIABLE, SAYS NIYITEGEKA DEFENCE

Arusha, February 28th, 2003 (FH) - Prosecution witnesses testifying against genocide suspect and former Rwandan minister of Information, Eliezer Niyitegeka, were highly unreliable and incredible, the former minister’s defence told the International Criminal Tribunal for Rwanda (ICTR) during its closing arguments on Friday.

Defence counsel Sylvia Hannah Geraghty of Ireland discredited each of the twelve witnesses presented during the prosecution case. She described some of them as ‘accomplices’ in the crimes Niyitegeka is charged of, and others likely to have vested interests in convicting Niyitegeka. The defence has asked the court to dismiss the prosecution case.

The prosecution presented its closing arguments on Thursday. They said that there was “irrefutable” evidence that Niyitegeka is guilty of seven counts of genocide and crimes against humanity. They asked for a maximum sentence of life imprisonment.

The chamber will now retire to deliberate on the judgement. Presiding Judge Navanethem Pillay of South Africa announced that the chamber would, at the end of March or beginning of April, announce the date of the judgement to the parties. It is the first time in the history of the tribunal that an indication of the time of delivery of a judgement has been given at such a stage.

Niyitegeka, 50, is mainly accused of being one of the leaders of attacks on ethnic Tutsi refugees in the Bisesero hills (Kibuye province, west Rwanda) at the time of the 1994 genocide. Besides allegedly leading gangs of armed militias to kill the refugees in the hills, Niyitegeka is personally accused of murdering at least five people and raping a young girl. According to prosecution evidence, he ordered the killing of the girl after raping her.
This trial opened in June 2002 and closed in November of the same year. It was held alternately with other trials taking place in the same chamber. It is one of the fastest trials in the history of the tribunal.

Niyitegeka’s defence also denied prosecution allegations that their client had been “a man of means and an influential person”. “He had only just been appointed minister. How and when could he have attained such influence?”, quizzed Geraghty. She also highlighted the testimony of some defence witnesses that Niyitegeka and his family had been a subject of attacks from militias during the genocide. She said that he was a victim of his
“democratic principles”.

Furthermore, the defence reiterated its position that there was “a force” behind prosecution witnesses that had come to testify. The defence has previously talked of a “network” of genocide survivors run by former prefect of Kibuye, Asiel Kabera inducing and forcing witnesses to denounce Niyitegeka. The defence has also accused the current Tutsi-led government in Kigali of interfering with trials at the ICTR.
The trial is before Trial Chamber One of the ICTR comprising Judges Pillay
(presiding), Erik Møse of Norway and Andresia Vaz of Senegal. Møse wasn’t
present on the bench on Friday.

GG/CE/FH(NI’0228e)


FEBRUARY 27TH, 2003
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ICTR/ NIYITEGEKA

PROSECUTORS ASK UN TRIBUNAL TO CONVICT FORMER RWANDAN MINISTER

Arusha, February 27th, 2003 (FH) - Former Rwandan minister of Information, Eliezer Niyitegeka, is “irrefutably” guilty of genocide and crimes against humanity, prosecutors at the International Criminal Tribunal for Rwanda (ICTR) argued in their closing arguments on Thursday.

“Niyitegeka wasn’t an average Rwandan citizen (…) He was a minister with a sworn duty to protect the citizens”, said prosecutor Melinda Pollard of the US. Instead”, she added, “(Niyitegeka) led attacks on innocent, unarmed, men, women and children”. From its presentation, the prosecution appears to have asked for the maximum sentence of life imprisonment in the event that Niyitegeka is convicted.

Assistant Defence counsel for Niyitegeka, Feagal Kavanag of Ireland challenged the prosecution case as falling below accepted “minimum prosecutorial standards”. He argued that the processes of investigation and evidence presentation at the tribunal rendered the whole trial process unfair. He begged the judges to dismiss the case or they would “damage the integrity of this court”.

Niyitegeka is mainly accused of being one of the leaders of attacks on ethnic Tutsi refugees in the Bisesero hills (West Rwanda) at the time of the 1994 genocide. Besides allegedly leading gangs of armed militias to kill the refugees in the hills, Niyitegeka is personally accused of murdering five people and raping a young girl. According to prosecution evidence, he ordered the killing of the girl after raping her.

This trial opened in June 2002 and closed in November of the same year. It was held alternately with other trials taking place in the same chamber. It is one of the fastest trials in the history of the tribunal. Niyitegeka’s defence on Thursday dwelt on legal arguments on the case and promised to present its defence on the testimonies of prosecution witnesses on Friday. Kavanag criticised a tribunal rule that exempts parties from disclosing “internal documents” prepared in connection with the investigation or preparation of a case.

He explained that with such a rule, there was no way the defence would learn of inconsistencies in the original testimony given by witnesses in their statements. “The defence has been effectively disarmed in relation to challenging the evidence of prosecution witness”, said Kavanag. “Such evidence shouldn’t be relied upon by the chamber”, he added.

In their defence, Niyitegeka’s team also contend that he wasn’t in Kibuye province (location of Bisesero hills) at the time of some crimes. Prosecutor Pollard said that “the alibi witnesses are highly unreliable and their testimony improbable".

The trial is before Trial Chamber One of the ICTR comprising Judges Navanethem Pillay of South Africa (presiding), Erik Møse of Norway and Andresia Vaz of Senegal. Møse wasn’t present on the bench on Thursday.
GG/CE/FH(NI’0227e)

FEBRUARY 26TH, 2003
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ICTR/ NIYITEGEKA

FORMER MINISTER'S TRIAL GOES INTO CLOSING ARGUMENTS

Arusha, February 26th, 2003 (FH) - Trial Chamber One at the International Criminal Tribunal for Rwanda will be hearing the closing arguments in the trial of Eliézer Niyitegeka, a former minister of information, February 27 and 28, 2003. Niyitegeka is accused of genocide and crimes against humanity.

Eliézer Niyitegeka, 50, has pleaded not guilty for the massacres of Tutsis in Bisesero, Kibuye province, in the western part of Rwanda. The trial began on June 17, 2002 and is being heard by Trial Chamber One presided over by the South African Navanethem Pillay, assisted by Erik Møse of Norway and Andrésie Vaz of Senegal.

The prosecution called twelve witnesses while the defence had eleven. The defence team of the former minister is made up of Sylvie Geraghty and Feargal Kavanag - both from Ireland. The Australian Kenneth Fleming and Melinda Pollard from the USA represented the prosecution in one of the fastest trials ever conducted by the tribunal.

Eliézer Niyitegeka was arrested in Kenya on February 9, 1999. His trial is the fourth involving Kibuye province. It comes closely after that of pastor Elizaphan Ntakirutimana and his son Gérard Ntakirutimana. The others were the joint trial of the former prefect of Kibuye, Clément Kayishema and businessman Obed Ruzindana, that of the former director of Gisovu tea factory, Alfred Musema, and that of Ignace Bagilishema, the former mayor of Mabanza.

Apart from Bagilishema who was acquitted, the others received sentences ranging from 10 years to life in prison. Others from Kibuye awaiting trial are former minister of Finance, Emmanuel Ndindabahizi, former counsellers Vincent Rutaganira and Mika Muhimana. Three other suspects from Kibuye, former mayors Aloys Ndimbati and Charles Sikubwabo, and a restaurant operator, known only as Ryandikayo are still at large, and sought by the ICTR.
KN/CE/FH(NI'0226e)

NOVEMBER 15th, 2002
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ICTR/NIYITEGEKA

EX-INFORMATION MINISTER'S GENOCIDE TRIAL CLOSES

Arusha, November 15th, 2002 (FH) - The genocide trial of former Rwandan minister of Information, Eliézer Niyitegeka, before the International Criminal Tribunal for Rwanda (ICTR) closed on Friday after hearings of 12 prosecution witnesses and 11 witnesses for the defence.

The trial, which opened in June and has been running alternately with other trials in the same chamber, has been one of the fastest in the history of the court. Both parties are scheduled to present closing arguments on February 27th and 28th, 2003. The chamber will then begin deliberations on the judgement.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes mainly in connection with killings in his home area of the Bisesero hills in the West Rwanda region of Kibuye. He was minister of information in the "government of rescuers" that reigned over the period of the genocide. About One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

Niyitegeka's defence team has mainly presented a case of alibi. Most defence witnesses have testified that Niyitegeka wasn't in Kibuye during the period in which he allegedly committed the crimes in his indictment.

Prosecution witnesses place him at the centre of a machinery mobilising and transporting the notorious Interahamwe militias to kill Tutsis in the Bisesero hills. He also allegedly raped a Tutsi girl. According to the indictment, when the victim got out, the accused shot her.

Defence witnesses have testified of Niyitegeka as "a gentleman that would never have involved himself in such acts". A veteran Rwandan politician testifying recently for Niyitegeka characterised allegations against the later, and more so the rape charges, as "ridiculous". "Unless you didn't know Eliezér", he said.

Niyitegeka was arrested on February 9th, 1999, in the Kenyan capital Nairobi, and was transferred three days later to the UN detention facility in Arusha,
Tanzania. He pleaded not guilty to his first indictment on April 15th, 1999.

He also pleaded not guilty to an amended indictment on July 4th, 2000. Niyitigeka is defended by Irish lawyers Sylvia Hannah Geraghty and Feagal Kavanag. The prosecution team is headed by Ken Fleming of Australia. It also includes Melinda Pollard of the US.

GG/FH(1115e)


NOVEMBER 14th, 2002
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ICTR/NIYITEGEKA

VETERAN RWANDAN POLITICIANS DEFEND MDR PARTY RECORD DURING THE GENOCIDE

Arusha, November 14th, 2002 (FH) - Two Rwandan politicians and members of the opposition political party, Mouvement démocratique républicain (MDR) on Thursday defended the party's record during the 1994 genocide as they testified in defence of former MDR minister and genocide suspect Eliezer Niyitegeka.

Former minister of Justice and holder of various senior political positions between the mid 60s and mid 80s, André Sebatware and ex-member of the MDR political bureau, Jean Marie Vianney Nkenzabera said that contrary to prosecution allegations, the party had advocated for peace and unity among Rwandans.

The prosecution alleges that towards the start of the genocide, former information minister Niyitegeka belonged to an alleged extremist Hutu faction of MDR called MDR-Power.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. He was minister of information in the "Guverinoma y'abatabazi "(government of rescuers) that reigned over the period of the genocide. About One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

Sebatware denied that the MDR faction to which him, Niyitegeka and Nkezabera belonged was called MRD-Power. Both Sebatware and Nkezabera, the later testifying after the former, said that the 'Power' suffix was a creation of the head of Faustin Twagiramungu, leader of the other MDR faction aimed at slandering the opposing faction.

"Our party condemned the ideology of extremism. We proposed a new ideology to change the system", Nkezabera told court.

Both witnesses also told court that their party wouldn't have sanctioned the genocide since it had supported the 1993 Arusha peace accords aimed at ending the war.

The trial continues before Trial Chamber One of the ICTR comprising Judges Navanethem Pillay of South Africa (presiding), Erik Møse of Norway and Andresia Vaz of Senegal.

GG/FH (NI-1114e)


NOVEMBER 12th, 2002
_______________________________________________________
ICTR/NIYITEGEKA

NIYITEGEKA WAS AN ADVOCATE FOR PEACE, SAYS VETERAN POLITICIAN

Arusha, November 12th, 2002 (FH) - Genocide suspect and former minister for information Eliézer Niyitegeka was a democrat and an advocate for peace, a veteran Rwandan politician turned businessman told the International Criminal Tribunal for Rwanda(ICTR) on Tuesday.

Sebatware André, 63, told court that from his knowledge of Niyitegeka, he had been shocked by allegations levelled against the later by the ICTR prosecutor. "I was even told that he was accused of rape. That is impossible", Sebatware said with a smile.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. He was minister of information in the "government of salvation" that reigned over the period of the genocide. About One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

"In his life, killing and theft are things that he couldn't support", said Sebatware. "Unless you didn't know Eliezér", he added. He said that Niyitegeka was a religious son of a pastor that wouldn't have betrayed both his religious and political principles by participating in the massacres.

Sebatware also told court that Niyitegeka had made several "pacification messages" over the national radio at the height of the killings in Rwanda. "He wanted to put an end to the war and bring peace to Rwanda", Sebatware said of Niyitegeka.

Sebatware held various senior political positions in Rwanda between 1965 and 1985. He then started his own business. He currently lives outside Rwanda. He is wanted by the Rwandan government on charges linked to the genocide. He told court that the charges against him were false and politically motivated.

The trial will continue on Wednesday before Trial Chamber One of the ICTR comprising Judges Navanethem Pillay of South Africa (presiding), Erik Møse of Norway and Andresia Vaz of Senegal.

GG/FH (NI-1112e)


NOVEMBER 11th, 2002
_______________________________________________________
ICTR/NIYITEGEKA

EX-INFORMATION MINISTER TO TESTIFY IN HIS CASE

Arusha, November, 11th, 2002 (FH) - Genocide suspect and former Rwandan minister of Information, Eliezér Niyitegeka, will testify in his trial, his defence counsel told the International Criminal Tribunal for Rwanda (ICTR) on Monday.

Feargal Kavanag of Ireland told court that the defence would be presenting two or three more witnesses before putting the accused on the stand. Eight out of some ten defence witnesses have so far been called.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. He was minister of information in the "government of salvation" that reigned over the period of the genocide. About One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

The court on Monday also heard the eighth prosecution witness only identified as "TEN 10" to protect his identity from the public. TEN 10, said he had been an employee in a key ministry in 1994.

TEN 10 told court that during the entire period for which Niyitegeka is accused of killings in Kibuye province, save for two official missions, the accused had been at government headquarters in Murambi(Gitarama povince) and later in Muramba(Gisenyi).

The witness said that his office in Murambi was close to Niyitegeka's and had as such seen him on every working day.

The witness told court that the government had no control over the population in 1994. "There was nothing like a real government authority. Everyone did as they pleased and nobody could put an end to this situation", he said. He said that the government lacked both material and human resources to exercise its duties.

During cross-examination, prosecutor Ken Fleming of Australia contested the witness' knowledge of what was happening in the government. Fleming argued to the effect that TEN 10 held a low position that couldn't have given him access to knowledge of the internal working of the government.

The trial will continue on Tuesday before Trial Chamber One of the ICTR comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.

GG/FH (NI-1111e)

OCTOBER 31st, 2002
____________________________________________________________________
ICTR/NIYITEGEKA

NIYITEGEKA TRIAL ADJOURNED TO NOVEMBER 11th

Arusha, October 31st, 2002 (FH) - The genocide trial of former Rwandan minister of information, Elièzer Niyitegeka, was on Wednesday adjourned until November 11th after the defence failed to raise witnesses.

The trial was initially scheduled to run up to Friday. The defence withdrew a witness that was due to testify saying that "after speaking to him", the defence had concluded that his testimony was of minimal importance.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. He was minister of information in the "government of salvation" that reigned over the period of the genocide. An estimated One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

Prior to adjourning, co-counsel for Niyitegeka Feargal Kavanagh of Ireland told the court that a witness that was due to testify had refused to after "learning that the prosecution made dangerous allegations against witnesses. "He is afraid that allegations will be made that will tarnish his name at home and endanger his security", said Kavanagh.

The defence last week objected to prosecution suggestions that a defence witness had, unlike his version of events, been detained in Rwanda on charges of genocide. Defence said that the prosecution had failed to prove the "serious" allegation and had consequently threatened the witness and future defence witnesses who would hear of the incident.

The chief of the witnesses and victims support section in charge of defence witnesses, Roland Amoussouga, told the court that after investigating the case of the witness that had declined to testify, his section discovered that the witness had acquired information about the "prosecution threats" "not from any other source but from members of the defence team themselves." The court didn't comment on the matter.

Seven out of some twenty witnesses have testified for the defence. 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. Judge Pillay is currently away presenting the ICTR annual report at the UN.
GG/FH (NI-1031e)


OCTOBER 29th, 2002
____________________________________________________________________
ICTR/NIYITEGEKA

ETHNIC TUTSIS IN BISESERO WERE KILLED BY BANDITS, SAYS WITNESS

Arusha, October 29th, 2002 (FH) - A defence witness testifying in the trial of genocide suspect Elièzer Niyitegeka on Tuesday, told the International Criminal Tribunal for Rwanda (ICTR) that contrary to prosecution allegations, Tutsis in the east Rwanda hills of Bisesero were killed by bandits during the 1994 genocide.

Prosecution witnesses have stated that Tutsis in the region were killed by the army and militias royal to the then ruling party, MRND. Niyitegeka, then minister of information is accused of having been one of the leaders of the massacres in Bisesero.

The witness, only identified as 'TEN 8' to protect his identity from the public, testified that the killings of Tutsis were not motivated by ethnic bigotry but "security" and financial reasons.

"Tustis were killed because the RPF (a predominantly Tutsis rebel movement) resumed hostilities after Habyarimana's death (then president killed in a plane crash on April 6th, 1994)", said the witness. "They were targeted because people knew that some parents had sent their children to join the RPF", he added. He also said that others had been targeted for their property.

"These horrendous crimes were committed by robbers and brigands (…) young people, they were undisciplined young people. Some were tramps. I think this kind of people exists everywhere", said TEN 8. He denied that there had been any sort of organisation in the attacks on Tutsis.

Under cross-examination by prosecutor Ken Fleming of Australia, TEN 8, who also testified about several events in favour of the defence case admitted that he hadn't personally seen most of those events and was relying on stories told by friends and other people.

Like preceding defence witnesses, TEN 8 said that Niyitegeka had not been in the Bisesero region thoughout the entire period of the genocide. He further told the court that Niyitegeka had not been involved in any killings, rape, incitement to commit genocide or distribution of arms.

The trial continues with the testimony of another protected witness, TEN 22. This case is before Trial Chamber One of the ICTR, comprising Judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.

Judge Pillay does not attend court this week due to commitments at the UN security council. ICTR rules provide for continuation of a trial before two judges in the absence of a judge from that chamber.
GG/CE/FH(NI-1029e)


OCTOBER 25th, 2002
____________________________________________________________________
ICTR/NIYITEGEKA

EX-MINISTER DIDN'T RAPE OR KILL ANYBODY, SAYS DEFENCE WITNESS

Arusha, October 25th, 2002 (FH) - Genocide suspect and former Rwandan minister of information, Eliézer Niyitegeka never raped or killed anybody during the 1994 genocide in Rwanda, a defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Thursday.

"Never. I never heard of anything like that", protected witness named 'TEN 16' to protect her identity told the court. Niyitegeka is accused of rape and murder among several other charges related to the 1994 genocide in Rwanda. Most of the crimes allegedly took place in the Bisesero hills in the West Rwanda province of Kibuye. An estimated one million ethnic Tutsis and moderate Hutus were killed in the genocide according to an official census by the government of Rwanda.

In a testimony that lasted for about one hour, the witness refuted almost all allegations contained in the prosecutor's indictment. She said she had never heard that Niyitegeka had been involved in any fighting, gun distribution, robbery or public incitement to kill ethnic Tutsis. TEN 16 testified that given Niyitegeka's status as a minister, she would have known of any such crimes.

Under cross-examination, TEN 16 conceded that she had not been at any of the alleged crime scenes at the time the crimes were allegedly committed. "I was not there and didn't see him", she said. She insisted that despite her absence, she would have known of anything that happened.

Assistant defence counsel for Niyitegeka, Feargal Kavanag of Ireland protested at the prosecutor’s suggestion to the witness that his client had been involved in rape. “The indictment doesn’t mention any rape charges against my client”, he said. He filed a motion effectively asking judges of the chamber to step down from the trial after listening to the “outrageous” comments of the prosecutor. “What you have heard is likely to influence your deliberations at the end of the trial”, he told the judges. Prosecutor Melinda Polard of the US argued that she had asked the question as a follow up to questions asked to the witness by the defence. She also said that a prosecution witness heard before the court had implicated Niyitegeka in a rape. Presiding judge Navanethem Pillay of South Africa said that the chamber would deliver a ruling on the matter on Monday.

Niyitegeka's 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. Judge Pillay will not attend court next week due to commitments at the UN security council. ICTR rules provide for continuation of a trial before two judges in the absence of a judge from that chamber.
GG/CE/FH(NI-1025e)

OCTOBER 23nd, 2002
____________________________________________________________________
ICTR/NIYITEGEKA

EX-INFORMATION MINISTER SAVED REFUGEES DURING THE GENOCIDE, SAYS DEFENCE WITNESS

Arusha, October 23rd, 2002 (FH) - Genocide suspect and former Rwandan minister of information, Eliézer Niyitegeka pleaded with militias not to kill a group of refugees at the peak of the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.

"He [Niyitegeka] pleaded with the Interahamwe (notorious Hutu militia linked to the then ruling party, MRND) not to attack the people", protected witness TEN 23 told the court. TEN 23 said that the militias gave in to Niyitegeka's plea and didn't kill the refugees. He said that the refugees had fled their homes due to militia attacks and were composed of both ethnic Hutus and Tutsis.

The event is said to have taken place in the central Rwanda province of Gitarama. Niyitegeka, 50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. An estimated One million Tutsis and moderate Hutus were killed in the 1994 genocide in Rwanda according to an official census by the government .

TEN 23 is the second defence witness. Parts of his testimony and that of the preceding protected witness took place in camera. The first defence witness started testifying on Monday.

Niyitegeka's 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.

GG/FH(NI-1023e)

OCTOBER 17th, 2002
____________________________________________________________________

ICTR/NIYITEGEKA

GENOCIDE SUSPECT AND FORMER RWANDAN MINISTER IS INNOCENT, SAYS DEFENCE

Arusha, October 17th, 2002 (FH) - The defence of genocide suspect and former Rwandan minister of information, Eliézer Niyitegeka, on Thursday told the
International Criminal Tribunal for Rwanda (ICTR) that their client was, contrary to prosecution allegations, an advocate for peace.

Sylvia Geraghty, Niyitekega’s counsel, was speaking after the closure of the prosecution case. The prosecution has presented 12 witnesses since the start of the trial on June 17th, 2002.

Niyitegeka faces six charges of genocide and crimes against humanity for massacres committed in Bisesero (Kibuye province, west of Rwanda) and elsewhere in the country between April and July 1994. He allegedly ordered massacres of civilians and personally took part in attacks against Tutsis. An estimated one million ethnic Tutsis and moderate Hutus were killed in the 1994 genocide in Rwanda according to an official census by the government of Rwanda.

"Niyitegeka spoke sincerely for peace for all Rwandans and was in favour of Arusha peace accords", said Geraghty. "This ideology cost him dearly. He has had three assassination attempts", she added. She argued that Niyitegeka couldn't have conspired with MRND (the then ruling party) and Interahamwe (a notorious militia linked to MRND) since the two had tried to assassinate him.

Geraghty reminded judges that the defence would also include alibi. Besides the defence of alibi, regarding allegations that at the peak of the genocide, "Niyitegeka, always carrying a gun with him, ran around the Bisesero hills" co-ordinating and participating in killings of ethnic Tutsis, Geraghty said that it would have been impossible given his physical condition at the time. "The 42-year-old man was grossly overweight. Weighing, in the old metric system, I would say, 19 to 20 stone weight", she said.

Geraghty moreover said that eight and a half years after the alleged crimes were committed, memories of witnesses had faded and recollections had been corrupted. "An innocent man in such circumstances could become victim", she said.

This trial is before ICTR's Trial Chamber Onecomposed of judges Navanethem Pillay of South Africa (presiding), Erik Moseof Norway and Andresia Vaz of Senegal.

GG/FH(NI-1017e)

OCTOBER 15th, 2002
_________________________________________________________________

ICTR/NIYITEGEKA

RWANDAN EX-MINISTER ORDERED MILITIAS TO INSERT WOOD INTO GENITALS OF A WOMAN, SAYS WITNESS

Arusha, October 15th, 2002 (FH) - Genocide suspect and former Rwandan minister of Information, Eliézer Niyitegeka, instructed militias to insert a branch of wood into the genitals of a dead ethnic Tutsi woman during the 1994 genocide, the last prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.

The witness, only identified as 'KJ' to protect his identity from the public was testifying at the resumption of the trial that has been in recess since late August. He is the last of twelve witnesses called by the prosecution.

KJ testified that before being "dehumanised", the woman, together with another man, had been shot at in their car. "The car rolled over.(…) Eliezer ordered him (the militiaman) to get a branch of wood and thrust it into the genitals of this woman”. The event, said the witness, took place in the grounds of a technical college in the West Rwanda province of Kibuye.

Niyitegeka faces six charges of genocide and crimes against humanity for massacres committed in Bisesero (Kibuye province, west of Rwanda) and elsewhere in the country between April and July 1994. He allegedly ordered massacres of civilians and personally took part in attacks against Tutsi. Niyitegeka has pleaded not guilty to the charges.

This trial, which started on June 17th, is before ICTR's Trial Chamber One composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal. The trial is taking place concurrently with the media trial. The system that is expected to last three weeks is a trial run for the performance of ad litem judges due early next year.

GG/FH(NI-1015e)


AUGUST 26th, 2002
_________________________________________________
ICTR/NIYITEGEKA

CHAMBER SUPPORTS DEFENCE ARGUMENT ON CONTRADICTIONS

Arusha, August 26th, 2002 (FH)- A prosecution witness in the case of former Minister for Information in the interim government, Eliezer Niyitegeka on Monday told the Tribunal that some children were taken to a group of men including the accused and assaulted.

The Tribunal's Trial Chamber One supported the remarks made by the accused's defence that the witness's testimony had contradictions.

The witness known only as "GGM" to protect his identity told the International Criminal Tribunal for Rwanda (ICTR) that on June 12th, 1994, the children including one child belonging to a certain Gasarasi was beaten by attackers in the presence of the accused.

In his chief testimony the witness said that the children were killed and that Niyitegeka participated in their attack. However, during cross-questioning he said that Niyitekega took a club and hit the back of Gasarasi's child. The attackers then started chopping up the rest of the children with machetes "like pieces of meat," the witness said.

Niyitegeka faces six charges of genocide and crimes against humanity for massacres committed in Bisesero (Kibuye province, west of Rwanda) and elsewhere in the country between April and July 1994. He allegedly ordered massacres of civilians and personally took part in attacks against Tutsi. Niyitegeka has pleaded not guilty to the charges.

The defence counsel has underlined that your statements are taken over by imagination because you have contradictions on three occasions, the presiding judge South African Navanethem Pillay said to the witnesses. The Chamber asked that he explain the contradictions.

The witness said he did not remember the dates because those were difficult times but that he recalled it was during the month of June.

Since the beginning of the trial, the defence strategy has been to divulge the contradictions, especially those contained in witness statements as compared to their oral testimony in court. The defence maintained that the witness's statements were "pure inventions."

Irish counsel Sylvia Geraghty and Feargal Kavanag represent Niyitegeka. Last week, Kavanag accused the Chamber of siding with the prosecution theory, in reaction to questions posed by the judges.

This trial, which started on June 17th, is before ICTR's Trial Chamber One composed of judges Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and Andresia Vaz of Senegal.

The hearing continues with the evidence of another protected witness, known only as "DAF".

GA/SW/FH (NI-0826e)

AUGUST 20th, 2002
____________________________________________________________________
ICTR/NIYITEGEKA

NIYITEGEKA'S DEFENCE ACCUSES ICTR JUDGES OF 'SIDING' WITH PROSECUTION

Arusha, August 20th, 2002 (FH) - Defence counsel for former Rwandan information minister, Eliézer Niyitegeka, on Tuesday accused a bench of judges at the International Criminal Tribunal of creating an "impression" that they were on the side of the prosecutor.

"The defence is concerned that […] questions your honours have been asking the witness have […] been positing the side of the prosecution", said Feargal Kavanagh, of Ireland. He made the comments after judges of Trial Chamber One of the ICTR asked a prosecution witness supplementary questions following his testimony. "We know that the judges are impartial", said Kavanagh before adding that the complaint was simply an "impression of our (his) client".

Presiding judge Navanethem Pillay of South Africa said that judges had the right to ask questions. She added that Kavanagh should have complained at the time the questions were asked.

Judge Erik Mose of Norway asked Kavanagh to explain the rules of the tribunal to his client to avoid "wrong impressions" being created.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye.

The court also heard a prosecution witness named 'GGR' to protect his identity. Like most witnesses before him, GGR said he had spotted Niyitegeka leading a group of Hutu attackers on Tutsi refugees in the Bisesero hills, West Rwanda. He said the attack took place at a point called Kucyapa in May 1994. The attackers, said the witness, were chanting in Kinyarwanda, "tubatsembe tsembe tubatsembe tsembe" (Let us exterminate them, let us exterminate them).

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.


GG/FH(NI-0820e)


AUGUST 14th, 2002
____________________________________________________________________
ICTR/NIYITEGEKA

EX-RWANDAN MINISTER SHOT AT ETHNIC TUTSI REFUGEES, SAYS WITNESS

Arusha, August 14th, 2002 (FH) - Ex-Rwandan minister of information and genocide suspect, Eliézer Niyitegeka, shot at a crowd of ethnic Tutsi refugees in the West Rwanda region of Kibuye region during the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda(ICTR) on Wednesday.

Witness 'GGY', named as such to protect his identity said that Niyitegeka had shot at the refugees on Muyira hill in Kibuye. "He was accompanied by militias wielding machetes, nail studded clubs and guns", witness GGY told court. The witness said that most of the refugees were killed by the militias. He said the refugees had taken refugee in the hills after being attacked in their homes by militias. The witness said he had been a survivor of the attack.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. An estimated One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

Co-counsel for Niyitegeka, Feargal Kavanagh, of Ireland challenged the witness' credibility saying that he had only mentioned his client earlier this year despite testifying on events in Bisesero in a different trial before the ICTR last year. Witness GGY testified in the genocide trial of pastor, Elizaphan Ntakirutimana, and his son medical doctor, Gerard Ntakirutimana, in October 2002.

"You made several statements for that trial in which you never mentioned Niyitegeka" said Kavanagh "Why is it that it is only after ICTR investigators contacted you about Niyitegeka that you placed him in the Bisesero events?", asked Kavanagh. "I know a lot about different people but I only answer to what I'm asked", responded the witness.

Witness GGY is the fourth prosecution witness. Eleven more are scheduled to testify for the prosecution.

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.
GG/DO/FH (NI-0814e)



AUGUST 13th, 2002
______________________________________________
ICTR/NIYITEGEKA

EX-RWANDAN MINISTER ORDERED RETREATING MILITIAS TO CONTINUE KILLING ETHNIC TUTSIS, SAYS WITNESS

Arusha, August 13t, 2002 (FH) - Former Rwandan minister of information, Eliézer Niyitegeka ordered a band of ethnic Hutu militias retreating from a massacre site to continue and "finish off the Tutsis as quick as possible" during the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda(ICTR) on Tuesday.
 
"These people had been killing all morning and were now leaving to go and rest when they met Eliézer", protected witness 'GHA' told the court. "Niyitegeka used his megaphone to call on these people to go back and finish off the Tutsis as soon as possible", he added.

"They (the militias) came back", said the witness before adding that, " they killed many people and went back much later that particular day. There were bodies strewn all over the place. We became accustomed to the odour of bodies." Witness GHA, named as such to protect his identity said the event had taken place some time in May, 1994.

Niyitegeka,50, is on trial for genocide, crimes against humanity and war crimes in connection with killings in the Bisesero hills in the West Rwanda region of Kibuye. An estimated One million ethnic Tutsis and politically moderate Hutus were killed in the 1994 genocide according to an official census by the government of Rwanda.

Co-counsel for Niyitegeka, Feargal Kavanagh, of Ireland contested witness GHA's testimony saying that the witness had, in seven interviews with ICTR investigators about events in Bisesero, mentioned Niyitegeka only once. "I know many things about what happened in my area but I can't remember them all the time", responded the witness.

GHA told the court that the militias had been armed with guns, nail studded clubs, sharpened bamboo poles and machetes. The witness, who told court he was Tutsi, said that he had seen the events from a nearby bush where he was hiding.

GHA is the third of fifteen witnesses scheduled to testify for the prosecution. He previously testified for the prosecution in the joint trial of Clement Kayishema and Obed Ruzindana in 1997. The prosecution had initially listed 16 witnesses but withdrew one on Tuesday. Prosecutor Ken Fleming of Australia said witness 'GGX' had been dropped to save time since most of his testimony was "based on hearsay."

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.

GG/FH (NI-0813e)


AUGUST 13th, 2002
____________________________________________________________________

ICTR/NIYITEGEKA

EX-INFORMATION MINISTER'S GENOCIDE TRIAL RESUMES

Arusha, August 13th, 2002 (FH) - The genocide trial of former Rwandan
information minister, Eliézer Niyitegeka, resumes at International Criminal
Tribunal for Rwanda(ICTR) on Tuesday after over a month's adjournment due to
both lack of witnesses and judicial recess.

Niyitegeka, 50, is charged with 10 counts of genocide, conspiracy to commit
genocide, complicity in genocide, direct and public incitement to commit
genocide, crimes against humanity and violations of the Geneva conventions
and additional protocol II. He allegedly led killings and torture of ethnic
Tutsis in his home region of Kibuye in West Rwanda and elsewhere in the
country during the 1994 genocide. An estimated One million Tutsis and
moderate Hutus were killed in the genocide according to an official census
by the government of Rwanda.

Among other accusations, Niyitegeka is charged with having "exercised
command responsibility over civilian militia that committed acts of sexual
violence and sexual torture by ordering them to assist him when he committed
such acts upon Tutsi women, and by encouraging such acts by his own example,
and in failing to forbid or discourage such acts, or to sanction or to
punish perpetrators." He is personally accused of forcing a Tutsi girl into
his car before raping her. According to the indictment, when the victim got
out, the accused shot her. The ICTR considers rape as a crime of genocide.

Niyitegeka was appointed minister on April 8th, 1994, two days after the
assassination of president Juvenal Habyarimana. The 'government of
salvation' set up then is accused of spreading and implementing the
genocide. Ten of its members are awaiting trial at the ICTR. The then prime
minister, Jean Kambanda is serving a life sentence in Mali after pleading
guilty to genocide.

As Minister of Information, the accused allegedly had command responsibility
over ORINFOR (Rwandan state media body), including the programmes of Radio
Rwanda and 'hate-radio' Radio Télévision Libre des Mille Collines (RTLM).
Both these radio stations were used to incite Hutus to kill Tutsis.

"Incitement to massacre the civilian population over the radio air-waves of
RTLM and Radio Rwanda can be directly imputed to Eliézer Niyitigeka for his
failure to control the programming of the radio broadcasts, or to curtail
the anti-Tutsi gendarmes," says the indictment.

Niyitegeka was arrested on February 9th, 1999, in the Kenyan capital
Nairobi, and transferred three days later to the UN prison in Arusha,
Tanzania. He pleaded not guilty to his first indictment on April 15th, 1999.
He also pleaded not guilty to an amended indictment on July 4th, 2000.
Niyitigeka is defended by Irish lawyer Sylvia Hannah Geraghty.

Niyitegeka's trial was adjourned on June 26, ten days after its start, due
to difficulties in transferring witnesses from Rwanda to the ICTR in Arusha,
Tanzania. Only two witnesses testified then. ICTR spokesperson, Kingsley
Moghalu, told Hirondelle on Monday that five witnesses were now in Arusha
ready to testify.

The trial is before Trial Chamber One of the ICTR, comprising Judges
Navanethem Pillay of South Africa (presiding), Erik Mose of Norway and
Andresia Vaz of Senegal.

GG/DO/FH (NI-0813e )

JUNE 24th , 2002
______________________________________________
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 19th, 2002
______________________________________________
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 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 )

JULY 11th 2000


ICTR/POLITICIANS

RWANDA TRIBUNAL DELIVERS BLOW TO PROSECUTION JOINDER STRATEGY

Arusha, July 11th, 2000 (FH) - The International Criminal Tribunal for Rwanda (ICTR) has rejected prosecution requests for a joint trial of eight former Rwandan ministers. It has also also ordered that former mayor Juvénal Kajelijeli be tried on his own, rather than in a joint trial sought by the prosecution.

In a decision dated July 6th, the ICTR's Trial Chamber Two denied a prosecution motion for joinder of eight ex-members of the Rwandan interim government that presided over the 1994 genocide. The ministers concerned are: Edouard Karemera (Interior), André Rwamakuba (Education), Jean de Dieu Kamuhanda (Culture and Higher Education), Eliézer Niyitegeka (Information), Casimir Bizimungu (Health), Justin Mugenzi (Commerce), Jérôme Bicamumpaka (Foreign Affairs) and Prosper Mugiraneza (Civil Service).

The last four are already indicted together. The first two are indicted with former mayor Kajelijeli, former politicians Mathieu Ngirumpatse and Joseph Nzirorera, and three other genocide suspects who are still on the run.

The prosecution had sought to separate Ngirumpatse, Nzirorera and Kajelijeli, who were not ministers, from the others, and to try all the ex-ministers together. However, the court already denied on June 29th a prosecution request to sever Kajelijeli, Ngirumpatse and Nzirorera, saying prosecutors had failed to show it was in the interests of justice.

On July 6th, the court used similar arguments to deny severance for Karemera and Rwamakuba. It pointed out that they would first have to be severed from their current indictment if they were to be joined to the new one. "The proposed joinder cannot be effected if severance is denied," it said. "Therefore the Trial Chamber finds it unnecessary to review arguments pertaining to joinder in respect of Rwamakuba and Karemera."

The court said it could not consider the case of Niyitigeka at present, for procedural reasons. It rejected the joinder of Kamuhanda, saying that "the Trial Chamber is not satisfied that the Prosecutor has shown that all of the alleged acts of Kamuhanda form part of the same transaction as all of those of the Accused Bizimungu, Mugenzi, Mugirineza and Bicamumpaka".

Kamuhanda's defence counsel had argued that Kamuhanada only became a minister in the interim government on May 25th, 1994, more than a month after the genocide started on April 6th. "Many of the paragraphs in the indictment against Kamuhanda appear to be general statements that do not refer to any time period," says the judges' decision. "Some of the paragraphs refer to specific acts of Interim Government Ministers prior to 25 May 1994, and therefore refer to a time period when Kamuhanda was not a minister."

The court further found that defence claims of "excessive globalization" by the Prosecutor were "of substance", and that "the Prosecutor's strategy may impinge on the rights of individual accused to a fair trial". It therefore concluded that "the proposed joinder is not in the interests of justice" and that "the requirements for joinder are not satisfied in respect of any of the accused that the Prosecutor seeks to join".

As part of the same decision, the court ordered that Bicamumpaka's Canadian defence counsel Francine Veilleux should be denied payment for certain motions and requests which it considered "repetitive and frivolous".

Separate trial for Kajelijeli

Also on July 6th, the same court granted a defence motion to sever Kajelijeli from the other accused with whom he is indicted, and give him a separate trial. Kajelijeli's American lawyer Lennox Hinds had argued notably that the Prosecutor was trying to accuse his client of conspiracy with the others solely because he was arrested in Nzirorera's house.

Trial Chamber Two said the fact that all the other co-accused were ministers and top executives of the MRND former single party "does not mean that the alleged culpability of the Accused (who only had local authority in a commune) would be lesser". But it said there were considerably fewer allegations against Kajelijeli and that "the concurrent presentation of evidence of all the co-accused in the same trial may be prejudicial to the Accused, and that such conflicts of interests constitute extraordinary circumstances that warrant a separate trial for the Accused".

The court also found that a joint trial could prejudice the rights of the accused to a trial without undue delay. "For the instant case, the issue of delay is particularly pertinent," it said, "in view of the allegations by the Defence, that the Prosecutor has an inappropriate strategy of bootstrapping the Accused to other Ministers using the conspiracy law, against whom there may be more evidence, and that such strategy is unfair and unjust to the Accused."

The court further says that "because there are considerably fewer allegations against the Accused in the indictment, the amount of evidence the Prosecutor has may differ markedly in regard to this Accused. In light of this, the Trial Chamber therefore notes that concurrent presentation of evidence that is unrelated to the Accused may also deprive him of his right to be tried without undue delay."

In their decision, the judges concluded that a joint trial could deny Kajelijeli his right to a fair trial because evidence brought against the co-accused "could have a negative spillover effect and unfairly magnify the responsibilities and activities of the Accused". They said he would probably not enjoy the same rights to a fair trial as he would if he were tried separately.

Trial Chamber Two is composed of Judge Laity Kama of Senegal presiding, Judge William Sekule of Tanzania and Judge Mehmet Güney of Turkey.

JC/FH (PL%0711e)

JULY 4th 2000

ICTR /NIYITEGEKA

FORMER MINISTER PLEADS NOT GUILTY TO AMENDED INDICTMENT

Arusha, July 4th, 2000 (FH) - Former Rwandan Information Minister Eliézer Niyitegeka on Monday pleaded not-guilty to an amended indictment before the International Criminal Tribunal for Rwanda (ICTR). The new charges include direct and public incitement to commit genocide, and rape as a crime against humanity.

The prosecution last week asked the court for permission to try Niyitigeka with seven other former members of the Rwandan interim government that presided over the 1994 genocide. The other ex-ministers are: Edouard Karemera (Interior), André Rwamakuba (Education), Jean de Dieu Kamuhanda (Culture and Higher Education), Casimir Bizimungu (Health), Justin Mugenzi (Commerce), Jérôme Bicamumpaka (Foreign Affairs), and Prosper Mugiraneza (Civil Service).

Niyitigeka was initially charged with six counts, including genocide, crimes against humanity and violations of the Geneva Conventions on war crimes. Four new charges have now been added. He is accused of acting in concert with the other members of the interim government to plan and implement the genocide against ethnic Tutsis.

The new indictment charges him with personally raping and killing a Tutsi woman and encouraging others to do likewise. With regard to the charge of incitement, the indictment says that, as Minister of Information, the accused had command responsibility over ORINFOR (Rwandan state media body), including the programmes of Radio Rwanda and Radio Télévision Libre des Mille Collines (RTLM). Both these radio stations were used to incite Hutus to kill Tutsis.

"Incitement to massacre the civilian population over the radio air-waves of RTLM and Radio Rwanda can be directly imputed to Eliézer Niyitigeka for his failure to control the programming of the radio broadcasts, or to curtail the anti-Tutsi gendarmes," says the indictment.

The prosecution says Niyitigeka was one of the ministers mandated by the interim government to travel the country, ensuring implementation of its "civil defence" programme. It says the youth militia of Niyitigeka's MDR party, subsequently integrated with that of the former single party MRND, was directly under his control.

Niyitegeka, 47, was arrested on February 9th, 1999, in the Kenyan capital Nairobi, and transferred three days later to the UN prison in Arusha, Tanzania. He pleaded not guilty to his first indictment on April 15th, 1999. Niyitigeka is defended by Irish lawyer Sylvia Hannah Geraghty.

BN/JC /FH (NA%0704E)

JUNE 28th 2000

ICTR/POLITICIANS

PROSECUTION REQUESTS JOINT TRIAL FOR EIGHT FORMER POLITICIANS

Arusha, June 28th, 2000 (FH) - Prosecutors at the International Criminal Tribunal for Rwanda (ICTR) on Wednesday asked the court to approve a joint trial for eight ex- ministers accused of genocide and crimes against humanity.

The former ministers concerned are: Edouard Karemera (Interior), André Rwamakuba (Education), Jean de Dieu Kamuhanda (Culture and Higher Education), Casimir Bizimungu (Health), Justin Mugenzi (Commerce), Jérôme Bicamumpaka (Foreign Affairs), Prosper Mugiraneza (Civil Service) and Eliézer Niyitegeka (Information). All served in the interim government which presided over the 1994 genocide in Rwanda.

Australian prosecutor Ken Fleming told the court such a joinder would be in the interests of justice, as all the accused had been involved in a single criminal enterprise. He said a joinder would reduce the number of witnesses that would have to be brought to court, and that it would speed up trial proceedings.
However, defence lawyers argued that the joinder was not founded in law, that the prosecutor's motion was full of errors and inconsistencies, and that in any case there was no space in any of the ICTR's small courtrooms for such a big trial.

"This is an ill-considered dog's dinner of a motion," said Mugiraneza's British lawyer Michael Greaves, who was also representating Mugenzi for the hearing. He said the prosecution had been juggling around with trial arrangements for former politicians and now appeared to have "shuffled another eight cards". Greaves said the motion itself sometimes referred to four suspects, sometimes to eight and sometimes to ten.

Mugirineza's lawyer also said that if the aim was to try all members of the interim government together, then again, the prosecution was inconsistent, as two other ex-ministers had been put into other trials (former Women's Development Minister Pauline Nyiramasuhuko and former Transport Minister André Ntagerura).

Greaves said prosecution arguments that a joinder would save time and expense "may well turn out to be false economies" and that this joinder "will be a monster".

He said the motion should in any case fall on practical grounds. He pointed out the cramped conditions in which six defendants and their lawyers were sitting. "Where will the other two sit? On the floor?" he asked the judges. "You cannot try eight people in this courtroom or any other in this building!"

Rwamakuba was not in court, as his lawyer had not be able to come. Niyitegeka was also absent, as he has not yet pleaded to his amended indictment. The judges had said they would not hear "parts related to Niyitegeka" at today's court session.

Kamuhanda's Guinean lawyer Aisha Condé told the court her client was appointed minister only on May 25th, 1994, and therefore "he cannot be held responsible for things that happened before his appointment". She said that by the time Kamuhanda assumed his post, the situation in Rwanda had deteriorated to such an extent that he only attended two cabinet meetings before everyone fled.

Condé said Kamuhanda had been unable to enter his ministry or to contact his civil servants, "so it seems to me totally incorrect to say he had any authority over members of the cabinet and its civil servants," she told the court.

Didier Skornicki, French lawyer for Karemera, urged the judges "not to give a free hand to the prosecutor's imprecise and indeterminate lumping together of all the individual accused " He told the judges that the prosecution had failed to show all the accused were involved in a single criminal enterprise, which would be the only legal basis for a joint trial.

Bicamumpaka's Canadian counsel Francine Veilleux said a joinder would create conflicts of interest which would cause prejudice to her client. She also said there was no factual basis linking her client's case to that of the others.

Fleming responded, however, that "there have been many attacks [from the defence] on the practicalities of it, but not on the legality". He also said that "while we may plead guilty to faults in the execution [of this motion]", that did not mean there were faults in its conception.

JC/DO/FH (PL%0628e)


JUNE 27th 2000

ICTR/NIYITEGEKA

FORMER MINISTER'S NEW INITIAL APPEARANCE POSTPONED

Arusha, June 27th, 2000 (FH) - Judges of the International Criminal Tribunal for Rwanda (ICTR) on Tuesday granted former Rwandan Information Minister Eliezer Niyitegeka's request that his new initial appearance be postponed, because the prosecution had not met its deadline for submission of an amended indictment.

Niyitigeka pleaded not-guilty to genocide charges on April 15th, 1999. However, the prosecution was granted leave to amend the indictment, with a view to joining his trial to that of seven other former politicians.

The court said it would hear the prosecution motion for joinder of all eight accused on Wednesday and Thursday, but would not hear "the parts related to Niyitigeka". The other former ministers concerned are: Edouard Karemera (Interior), André Rwamakuba (Education), Jean de Dieu Kamuhanda (Culture and Higher Education), Casimir Bizimungu (Health), Justin Mugenzi (Commerce), Jérôme Bicamumpaka (Foreign Affairs) and Prosper Mugiraneza (Civil Sevice). All served in the interim government which presided over the 1994 genocide in Rwanda.

Niyitigeka was due to plead Tuesday to his new indictment. However, his Irish defence counsel Sylvia Geraghty told the court he had had not time to prepare, as the officially approved version in French was not delivered to him until Monday afternoon. While the court granted her request for a postponement, it said the initial appearance should nevertheless take place "within the shortest possible time".

Judges of Trial Chamber Two, presided by Judge Laity Kama of Senegal, rejected a second request from Niyitigeka, asking that proceedings be stayed pending an Appeals Court decision on an urgent preliminary motion. The Chamber found that allowing proceedings to continue "would in no way" prejudice the accused.

JC/FH (PL%0627e)


APRIL 15th 1999

ICTR/NIYITEGEKA

FORMER RWANDAN INFORMATION MINISTER PLEADS NOT GUILTY TO GENOCIDE CHARGES

Arusha, April 15th, '99 (FH) Former Rwandan Information Minister Eliezer Niyitegeka on Thursday pleaded not guilty to genocide charges before the International Criminal Tribunal for Rwanda (ICTR). He served in the interim government that presided over the genocide in Rwanda.

Niyitegeka is charged with six counts of genocide, conspiracy to commit genocide, crimes against humanity and violations of the Geneva Conventions relating to war crimes.

The indictment says that "At various locations and times throughout April, May and June 1994, and often in concert with others, Eliezer Niyitegeka brought to the area of Bisesero armed individuals and directed them to attack people seeking refuge there."

According to the prosecution, the defendent also "personally attacked and killed persons seeking refuge in Bisesero".

Bisesero is a mountainous area in Kibuye prefecture (western Rwanda) where thousands of ethnic Tutsis fled between April and June 1994 to escape persecution.

Under the count of genocide, the indictment says that Niyitegeka "is responsible for the killing or causing of serious bodily harm to members of the Tutsi population with the intent to destroy, in whole or in part, an ethnic or racial group as such".

He is also charged with responsibility for "the murder of civilians , as part of a widespread or systematic attack against a civilian population on political, ethnic or racial grounds", and of other inhumane acts, including "the infliction of serious bodily and/or mental harm on civilians".

Eliezer Niyitegeka, 47, was arrested in Nairobi, kenya, on February 9th this year, and was transferred to the United Nations detention facility in Arusha on February 11th. His indictment dates from July 11th, 1996.

The accused was a journalist with national Rwandan radio, who carried out his jounrlaism studies in Roumania. Befoer entering that profession, he was a member of parliament for Kibuye under the rule of the former single party, and a businessman.

He was born in Gisovu, in Kibuye prefectuer and is married with five children.

At the renaissance of mulitparty politics in Rwanda in 1991, Niyitegeka joined the MDR opposition party. When the party split after the 1993 Arusha peace accords, the accused joined the extremist wing, opposed to sharing power with Tutsi rebels of the Rwandan Patriotic front (RPF). His defence counsel is Irish lawyer Sylvia Hannah Geraghty.

Niyitegeka was appearing before the third trial chamber of the ICTR, presided by South African judge Nevanathem Pillay. The other judges were Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia.

This trial chamber was sitting for the first time since its inauguration on february 22nd. Judge Pillay, who normally sits in Trial Chamber One, was replacing Greek judge Dyonisios Kondylis, who resigned on March 22nd.

AT/JC/FH (NA§0415e.doc)

FEBRUARY 12, 1999


RWANDA / WAR CRIMES

FORMER RWANDAN MINISTER TRANSFERRED TO ARUSHA FOR GENOCIDE TRIAL

Arusha, February 12, 1999 (FH) - The former Minister for Information in Rwanda during the 1994 genocide, Eliezer Niyitegeka who was arrested in Nairobi, Kenya, was transferred to the United Nations detention facility in Arusha (UNDF), Tanzania, on Thursday night.

Niyitegeka who was arrested on Tuesday by the Kenyan law enforcement officials, is charged with six counts of genocide and crimes against humanity committed in Bisesero area, Kibuye prefecture in Rwanda.

A statement issued by the International Criminal Tribunal for Rwanda (ICTR) alleged that the accused had personally attacked and killed persons who were seeking refuge in Bisesero during genocide in 1994 .

Niyitegeka who had already been indicted by the UN court in July,1996 is the sixth cabinet minister in the interim government of premier Jean Kambanda to be arrested and charged for genocide and crimes against humanity.

Others include Kambanda himself who had already been sentenced to life imprisonment, minister for family and women affairs, Pauline Nyiramasuhuko and minister for transport, Andrew Ntagerura.

Also in the list are minister for home affairs and vice president of the then MRND ruling party, Edward Karemera and the minister for education, Andrew Rwamakuba.

The accused is the 11th indicted person to be arrested in Kenya in connection with the 1994 genocide in Rwanda, bringing the number of detainees in the UNDF in Arusha, to 33. The 34fth is being held in Texas in the United States.

Niyitegeka, trained as journalist in Romania held various positions in Rwanda including working as a journalist with the state owned Radio Rwanda, member of parliament for Kibuye constituency, chief personnel officer of a textile mill in Kigali and also a business man owning among others a petrol station.
NI/FH(NA&0212E.)

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