YouSaid · the spoken record

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33
first
2005-12-15
most recent
2013-12-05
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4
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un-security-council

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  1. “The support of the management and staff of both the ICTR and the ICTY, the Secretariat of the United Nations and of Member States, as well as the very effective and dynamic leadership of Honourable Judge Theodor Meron - the first President of the Mechanism - have all combined to achieve the historic launch and functioning of a new international tribunal within a relatively short period. We are confident that with that continuing support, the Mechanism will, despite challenges in tracking of fugitives, among others, also come to realize and fulfil the mandate that has been set for it by the United Nations.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  2. “In that respect and as a result of the meeting, I have last week promulgated a code of conduct for the staff of the Mechanism OTP, which regulates the professional conduct of such staff, as well as regulations for the management of foreign requests for assistance from the Mechanism. The ICTR remains committed to and confident of a timely and efficient completion of its mandate, with the conclusion of the bulk of appeals anticipated in 2014 and the conclusion of legacy-related works by that time. The Mechanism, too, is now fully operationa, with both branches largely staffed and attending very actively to both its continuing and ad hoc activities.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  3. “I believe this can be attained through regular periodic consultations and working Visits between staff, the redeployment and use of human and other resources between the two branches in response to work demand and the harmonization, where possible, of working methods and prosecutorial regulations between the two branches. The first of such high-level consultations, involving the senior legal officers in charge of the two branches and some senior staff with the Prosecutor, has just concluded in Arusha. The meeting provided us with the opportunity to consider and agree upon measures that, in our view, will enhance the efficiency ofa single OTP of the Mechanism.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  4. “Briefing on the Augustin Ngirabatware appeal - the only appeal currently before the Arusha branch of the Mechanism - was completed during this reporting period, and we anticipate that oral argument will take place in the first half of 2014. In addition, the Mechanism ad hoc appeals team responded to several motions filed in that case and in the Niyitegeka cases. The Hague branch has also been active in the reporting period, responding to the appeal of Radovan Stankovie against a decision of the ICTY Referral Bench and a motion for contempt filed against Radovan Karadzie. Although established in two branches, at The Hague and in Arusha, we are committed to ensuring that the OTP operates as a single office.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  5. “Responding to those requests has involved locating and reviewing relevant evidence, certification of documents, contacting witnesses, requesting variation of protective measures and seeking the consent of providers for disclosure of restricted material. We continue to monitor the cases of Munyeshyaka and Bucyibaruta, which were transferred to France in 2007, together with those of Uwinkindi and Munyagishari, transferred to Rwanda in 2012 and 2013, respectively. Munyagishari Bernard was physically transferred to Rwanda on 24 July 2013, and his case is now at a pre-trial stage before the Rwandan courts. The commencement of the trial of Jean Uwinkindi has now been set for 22 January 2014 before the High Court in Rwanda. Both cases also continue to be observed by monitors appointed by the Prosecutor ofthe Mechanism.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  6. “Last month, in November 2013, Ijoined the Presidents and Registrars of the ICTR and of the Mechanism on the first joint ICTR-Mechanism principals' mission to Rwanda to meet and consult with senior Government officials and to brief them on the Mechanism, the ICTR's remaining workload, the ongoing transition of responsibilities from the ICTR to the Mechanism and the areas for potential cooperation between Rwanda and the Mechanism, particularly in the area of training and other capacity-building efforts. In relation to the continuing activities of the Mechanism OTP, the Office has during this reporting period responded to a total of 80 requests for assistance from 17 countries and international organizations, out of a total of 112 requests for assistance for both the Arusha and The Hague branches.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  7. “The Mechanism OTP, in conjunction with INTERPOL and the Office of Global Criminal Justice ofthe United States State Department, continues to lend support to Rwanda's tracking efforts with regard to the six fugitives cases that have been referred to Rwanda. These are the cases of Charles Sikubwabo, Fulgence Kayishema, Ladislas Ntaganzwa, Aloys Ndimbati, Charles Ryandikayo and Pheneas Munyarugurama.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  8. “I plan early in the year to visit a number of countries in East, Central and Southern Africa in order to secure enhanced cooperation from them in the tracking effort of the Mechanism. 1 would like to seize this opportunity to thank INTERPOL and the United States Department of State through its War Crimes Rewards Program for their continuing support in those tracking efforts. The Security Council should continue to call on all States to cooperate fully with the Mechanism in order to ensure that those indicted are brought to account. That will ensure that justice is done for the victims and survivors of this great tragedy and that there is a proper closure of this process of accountability, in which the United Nations and the rest of the international community have rightly devoted considerable effort and resources.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  9. “I am pleased to report to the Council, that the recruitment of core staff for The Hague branch, which was launched on 1 July 2013, is almost complete. I am hopeful that the remaining core staff will be in place by the end ofthis year. In addition, OTP staff in both the ICTR and the ICTY have been designated to double-hat to support the Mechanism OTP during their tenures at the respective Tribunals, as envisaged by the Security Council. The creation of a roster of potential staff for recruitment in the event of an arrest and subsequent trial or appeal is also in progress. Tracking of the three fugitives, namely Felicien Kabuga, Protais Mpiranya and Augustin Bizimana, remains a top priority for the Mechanism. We continue to actively engage with all States with which the fugitives may have any connections.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  10. “This reporting period has involved much activity on the establishment of The Hague branch, the recruitment of staff for core and ad hoc functions, the preparation of the budget for the 2014-2015 biennium, the setting up of systems and procedures to streamline operations and to ensure greater coordination between the Arusha OTP and The Hague branch, as well as the management of the ad hoc and core activities of the Mechanism OTP in general. In May 2013, in preparation of the start of operations of The Hague branch, I participated in the annual regional conference of chief prosecutors in the former Yugoslavia in Brijuni, Croatia, together with the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY).”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  11. “That impetus has encouraged the ICTR OTP and the offices of the prosecutor of other tribunals to share their experiences with national and international stakeholders on best practices in the fight against impunity. Meanwhile, work on the OTP's best-practice manuals continues. The Manual on the Investigation and Prosecution of Sexual Violence will be finalized and launched, after review, in Kampala in January 2014. That will follow the earlier launch of the Manual on the Tracking and Arrest of Fugitives, which was effected in September 2013. I would now like turn to the activities of the Office of the Prosecutor of the Residual Mechanism.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  12. “The handing over of the OTP records to the Mechanism Registrar continues. It is expected that an additional 231 boxes in respect to three completed cases will be handed over at the end of this year. In the meantime, the Mechanism OTP will continue full access to the active records of the ICTR, which will also in due course be transferred to the Mechanism. That process will continue on an ongoing basis as and when related litigation is concluded. As expected, the imminent closure of the ad hoc tribunals has generated broad interest within the international community on the potential for their practices and other aspects of their legacy to contribute to the capacity-building of national and other international tribunals in the investigation and prosecution of international crimes.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  13. “It has also assisted the Mechanism-OTP in responding to the appeal in the Ngirabatware case. The cases are now pending hearing by the Appeals Chamber. Furthermore, the OTP has been actively preparing for the hearings in the Karemera et al case involving two convicted persons that the Appeals Chamber has scheduled for the week of 10 February 2014. In the meantime, we are awaiting judgement by the Appeals Chamber in the Ndahimana case for 16 December 2013 and in the Military H case involving four accused in February 2014. A key milestone in the archiving project was achieved with the commissioning of the OTP archives store and its transfer to the Mechanism. The facility, I am advised, conforms to the required international standards of archiving and provides enhanced security of the records.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  14. “Since my last report to the Council (see S/PV.6880), my Office has continued to work on the prosecution and completion of the appeals cases, the preparation ofthe records ofthe Office ofthe Prosecutor (OTP) of the ICTR for archiving and handover to the Mechanism, the completion of residual and closure issues, as well as providing support to the OTP of the Mechanism. We have also devoted considerable time and effort over this period to ensuring the establishment of the OTP Hague Branch of the Mechanism, which was launched on 1 July 2013. The heavy appellate workload of the ICTR continues to require significant time and human resources. Since June 2013, the ICTR-OTP has responded to 8 appeals filed by 8 different convicted persons in the Butare, Nzabonimana and Nizeyimana cases.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  15. “Mr. J allow: I thank the Council for the opportunity to once again brief the Council on the progress of the work of the Office of the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) and of the Mechanism for International Criminal Tribunals. At the ICTR the Office is currently fully engaged in the completion of its remaining activities in order to ensure a smooth, efficient and effective closure of the Tribunal and the handover of all residual matters to the Mechanism.”

    2013-12-05 · UN Security Council · Security Council, S/PV.7073 (2013) · source

  16. “We remain indebted to the staff members, who have worked hard and over many years to make the commitment of the United Nations and the mandate of the ICTR to bring justice and peace to Rwanda a reality, not only for the people of Rwanda but for the rest of the world. Finally, I would like to thank the Security Council and its members, as well as His Excellency Secretary-General Ban Ki-moon, for my appointment as Prosecutor of the International Residual Mechanism for a term of four years. I shall do my utmost to effectively implement the letter and the spirit of resolution 1966 (2010) and the statute of the International Residual Mechanism for Criminal Tribunals.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  17. “From that date, the Mechanism will, we are confident, commence operations, focusing on the tracking of fugitives, the provision of witness management and support, the servicing of foreign requests for assistance, preparations for possible trials and the establishment of the Mechanism archives. Recruitment of the core staff of the Branch is actively under way. I expect to have a number of staff of the Office of the Prosecutor of the Mechanism on board to commence the operations by 1 July. Meanwhile, with the declining workload of the ICTR, we have intensified the separation of staff whose services are no longer required. Within my Office, that has resulted in a significant scaling down of staffing in both Kigali and Arusha. It is no doubt a challenging process, but one that is necessary given the impending closure of the ICTR.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  18. “That assistance function will be taken over by the Office of the Prosecutor of the Residual Mechanism, Arusha Branch, from 1 July 2012. With the appointment of all three principals of the Mechanism earlier this year, efforts to establish the Arusha Branch have moved quickly, thanks to the hard work of its Registrar and the cooperation of both the ICTY and the ICTR. Staff members at the respective offices, the Tribunals and their principals have devoted considerable time and energy to ensuring that the Mechanism takes off as planned and functions effectively from 1 July 2012.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  19. “In order to ensure a smooth and effective migration of our records and archives to the Mechanism, my Office is also currently working on the preparation and archiving of its holdings, both in Kigali and Arusha, and is consolidating the related archiving regimes and security frameworks. The servicing of foreign requests for assistance in investigations and trials has continued as an important function over the reporting period. In order to strengthen the efforts of Member States to bring to trial the Rwandan suspects appearing on the INTERPOL list, my Office has, during the reporting period, provided assistance to 10 Member States in respect of 44 such requests relating to the investigation or prosecution of genocide cases within the national jurisdictions.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  20. “While those three cases are earmarked for trial by the Mechanism, it may become necessary, should the three continue to evade justice for a long time, to consider at some stage the option of referring their cases to the appropriate national jurisdiction for trial. Also, given that the fugitives are suspected to be in the East, Central and Southern African regions, my Office is actively encouraging regional inter-State institutions in the area to make the arrest of those fugitives a priority within their regional efforts to strengthen the maintenance of peace, security and justice.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  21. “It should be recalled that all States have an obligation, pursuant to article 28 of the ICTR statute and the orders of the ICTR Referral and Appeals Chambers, to arrest such fugitives within their territories and transfer them to Rwanda or other jurisdictions as may be designated by the Chambers. Tracking of the top three continues to be a challenge, with information at our disposal continuing to link Kabuga with Kenya, Mpiranya with Zimbabwe and Bizimana with various locations in the same sub-Saharan region. It is imperative, in the interests of peace and justice, that all States collaborate and support the ICTR in the arrest of those fugitives and that the international community, acting through the Security Council, bring its influence to bear on the States that are harbouring them.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  22. “and Ndahimana, respectively, my Office has been litigating 33 appeals from final judgements and the sentences returned in 12 cases. It has also been actively making advance preparations for six potential additional appeals. We anticipate that my Office will conclude its appellate workload, including any possible appeals from the two pending trial chamber judgements, well within the time frame of the completion strategy. If the pending referral applications are also successful, the focus of my Office in respect of tracking will shift to the three top-level fugitives earmarked for trial by the Mechanism. However, we shall continue to provide support to Rwanda for the tracking and arrest of those fugitives whose cases have been referred to that jurisdiction.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  23. “Equally important is the fact that the referral decisions of the ICTR have facilitated the deportation or extradition to Rwanda of suspected ge'nocidaires from national jurisdictions where prosecution or extradition has hitherto been beset with technical difficulties. In that way, the gaps in the struggle against impunity have been closed. The cases of Bucyibaruta and Munyeshyaka, referred by the ICTR to France for prosecution, continue to progress before the investigating judges in that jurisdiction. The prosecution and management of appeals have also been of paramount importance, as the workload of the Office of the Prosecutor for the biennium increased substantially. Following the delivery of judgement in one multi-accused trial and in one single-accused trial, namely, Karemera et a].”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  24. “The success of the referral strategy to date has been largely due to the commitment on the part of the Government of Rwanda, with the support of the ICTR and the development partners, to undertake extensive law reform and capacity-building measures designed to ensure a fair and effective trial within the Rwandan legal system. I would like to commend the Government of Rwanda for its cooperation in that respect and the Governments of Canada, the United States and the European Union for their support in the implementation of those measures, whose purpose is to strengthen the Rwandan legal system. The referral strategy has not only brought dividends to the Rwandan legal system; it has also made timely and proper completion of the ICTR mandate a probability.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  25. “Litigation over the referral of cases has been a significant aspect of the work of my Office during the same period. We were successful in obtaining the referral of five cases of indictees - two of them detainees and the rest fugitives - to Rwanda for trial under rule 11 bis. The decisions on two of those cases or applications are now pending, and I am planning to file one more application - which would be the last one - shortly. I also hope that by the end of 2012 all the cases of the indictees that were earmarked for referral to national jurisdictions will have been transferred to Rwanda, leaving only the cases of the top three fugitives, that is, Kabuga, Mpiranya and Bizimana, to be taken up; those have been reserved for trial by the Residual Mechanism.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  26. “Mr. J allow: The implementation of the International Criminal Tribunal for Rwanda (ICTR) completion strategy has gained significant momentum in the past six months. The evidentiary phase of the cases of all the current detainees have been concluded, pending two judgements to be delivered in the course of this year. My Office has also concluded the updating of the case files of all fugitives, in respect of both pleadings and evidence. We have also concluded the rule 71 bis evidence preservation proceedings in respect of two of the three cases concerned, that is, Kabaga and Mpiranya, and are now scheduled to conclude in respect of the third case - Bizimana - by the end of this month. That exercise will greatly facilitate any trial work that will be undertaken by the Residual Mechanism.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  27. “Therefore, it is now the responsibility of the Government of Kenya to move forward to implement those recommendations, which have been put together in a report jointly prepared by the ICTR and the Kenyan police, and not unilaterally by the ICTR alone. I would just wish to appeal to my colleague to reiterate the message to his colleagues back home that, having worked with the ICTR until we were able to unearth a lot of information concerning Kabuga's activities in Kenya and reached the point at which we have been able to make a number of recommendations, he should urge his colleagues in Nairobi to now move forward towards implementing those recommendations, which were jointly arrived at. Beyond that, I should like to thank you, Sir, and the members of the Council for your continued support to the work of the Tribunal.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  28. “Since those reports were submitted, as I said, the only step taken was in May, in relation to one property. There are bank accounts there, some of which, it is suspected, were operated by his colleagues. There is at least one account in his own name, in respect of which no steps have been taken so far by the Government of Kenya. No steps have been taken either in respect of the businesses which he is suspected of running with colleagues. It is not for the ICTR to implement the recommendations of that task force, because we do not have the mandate to do that in Kenya or in any other country. The Tribunals do not have the powers to make such an arrest in any country; that is for national law enforcement authorities to do. The Tribunal does not have powers to freeze assets and accounts in any country; that is for national authorities to do.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  29. “Some three years ago a joint task force was established by the ICTR and the Kenyan Government, comprising the investigators from the ICTR and members of the Kenya police force. They have submitted a series of reports. It is those reports that have documented Kabuga's entry into the country, from immigration records that are available in Kenya, his application for residence and the approval of his residence and of his visa, his establishment of various businesses in the country, his opening of bank accounts, et cetera. It is information collected jointly by the Kenya police and by the ICTR investigators. It is therefore surprising that it is being described as untrue by the representative of Kenya. It is information that is available to the Kenya Government.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  30. “While we have recognized the tremendous efforts and progress that Rwanda has made in trying to satisfy those conditions, we believe the best way out of the impasse is for further measures to be taken that would enable me - as I said earlier - to go back to the judges with fresh applications for reconsideration of the earlier decisions, measures that need to be taken by Rwanda in order to meet the concerns of the judges. I think that is the best way out of the impasse. I also wanted to reiterate, with regard to the case of Kabuga, that the information I bring to the Council concerning his entry and residence in Kenya and his business activities there is not based on a unilateral investigation by the Office of the Prosecutor.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  31. “Mr. J allow: Like President Byron, I would like to reassure our Rwandan colleagues that, as a matter of policy, the ICTR is indeed committed to the transfer of cases in accordance with the conditions that are laid down in our rules. It will be recalled that we have two systems of transfer: a Prosecutor to prosecute a transfer, and a transfer of cases of indictees. Under the initial system, I have already handed 30 files over to the Rwandan prosecutor-general for him to consider investigating and, if possible, prosecuting. The transfer of indictees, of course, is governed by the rules of procedure and evidence of the Tribunal.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  32. “I would like to join the Presidents of the Tribunals in thanking the President and the other members of the Council for their support. It is a source of great encouragement to us in our work.”

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  33. “Mr. J allow: I am taking the floor only to respond to the question raised by the Permanent Representative of France, who wished to know the number of files that have been earmarked for transfer to national jurisdictions. Currently, the number stands at 45, as I indicated. Of those 45, we have already handed over 30 to the Government of Rwanda; those relate to people who have not yet been indicted. The remaining 15 include five who are currently in custody in Arusha and eight who are at large; they have been indicted but have not yet been arrested. That is the situation. It is very probable that the number of those who have been indicted and are at large will increase; therefore, that category of cases for transfer may increase. That is the scenario at the moment.”

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source