YouSaid · the spoken record

Jallow

lines on the record: 382
first: 1996-01-24
most recent: 2015-12-09
sittings or episodes: 24
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“A sympathetic consideration of our difficulties in the current winding- down stage by the United Nations Secretariat and its organs would greatly facilitate our efforts for a timely and effective completion, to which we remain firmly committed. The cooperation of Member States and the support of the Security Council, the other United Nations organs and the Secretariat have been, in the past, and will continue to be indispensable for the success of our strategy. I would like to record our appreciation of all such previous and ongoing support and look forward to further support at the current particularly crucial stage of our task.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“All those activities - preparing new cases, supporting ongoing trials and commencing fresh proceedings under rule 71 bis, as well as tracking - continue to be challenged by staffing constraints. As reported at the last meeting (see S/PV.6342), the Office of the Prosecutor continues, at this critical juncture, to lose staff with experience and institutional memory in trial and, particularly, in tracking. Attracting competent and experienced staff to replace them for just a short period of time has been a slow process. Extended multitasking on the part of staff and staff concerns about contract extensions and future employment security all add to the continuous loss of the critical human resources required for the timely and effective completion of our mandate.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“Work on the international prosecutors' manual of best practice for the investigation and prosecution of international crimes, a concrete legacy product of the Colloquium of Prosecutors of International Criminal Tribunals, has received much needed support from the Government of Canada. The manual is under preparation and is expected to be ready by the middle of 2011. Indeed, we are greatly indebted to Canada for sponsoring that particular project. In the months ahead, we expect to commence the trial of Idelphonse Nizeyimana, to file additional requests for the referral of the cases of the remaining five fugitives to national jurisdictions, to prepare for the commencement of evidence preservation proceedings in respect of the cases of Kabuga, Mpiranya and Bizimana, and, also, to continue our tracking efforts.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“Cooperation between the ICTR and national prosecuting and judicial authorities continues to strengthen, as more and more national jurisdictions opt to investigate, prosecute or, otherwise, deny safe haven to genocide suspects residing within their respective jurisdictions. During the current reporting period, my Office has already processed and attended to 58 such requests from 11 Member States for assistance with evidence. That represents a very significant increase over the levels in 2009. We expect that those requests will continue. The support that is expected from the Office of the Prosecutor involves an extensive search of our evidentiary database for relevant materials for use by the law-enforcement authorities.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“On a number of occasions, I visited that country and held discussions with high-level Government officials. We re-sent the indictments and arrest warrants regarding the fugitives to the Government and have been promised effective support and cooperation for their arrest. Nonetheless, I regret to report that, despite those regular efforts on the part of my Office, there has been very little progress in securing the arrest of the majority of the detainees who are in the Democratic Republic of the Congo. It is urgent that the Governments of the Democratic Republic of the Congo, Kenya, Zimbabwe and the neighbouring States intensify their cooperation and search for the 10 fugitives, all of whom, according to our sources, are within East, Central and Southern Africa.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“For over a year now, my Office has also been in contact with the Government of Zimbabwe in relation to the fugitive Protais Mpiranya, the former Commander of the Rwandan Presidential Guard and a top-level indictee of the Tribunal. There are indications that Mpiranya has connections with that country and had for several periods resided therein. During my visit to Harare in 2009, I was assured by officials of the Government of Zimbabwe of their cooperation in that particular matter. Investigators from my office continue to work with their Zimbabwean counterparts. All the same, I would urge the Zimbabwe Government to devote top priority to the case of this high-level fugitive in order to secure his location, arrest and transfer to Arusha. The majority of the ICTR fugitives have been located within the Democratic Republic of the Congo.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“I am pleased to report that the Government of Kenya and the ICTR delegation agreed to re-establish the joint ICTR/Kenya police task force, with the mandate to receive and review all material in the possession of the Government in respect of the fugitive; to investigate and report on his whereabouts and fully investigate his assets and other interests in Kenya so as to assist the ICTR tracking team; and to address all other pending issues in relation to the case. We have also agreed that the task force should report back within three months. I hope that this renewed promise of cooperation from the Government of Kenya will assist in our investigations and bring this matter to a favourable conclusion.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“Tracking efforts to secure the arrest and transfer to ICTR of Felicien Kabuga, Protais Mpiranya and Augustin Bizimana continue to be a top priority of our tracking team. We continue to count on the call of the Security Council on all States to cooperate fully with us. We are committed, in the meantime, to continuing and intensifying our tracking efforts for as long as these fugitives remain earmarked for trial at ICTR. In relation to the case of Kabuga, and following the invitation extended to me by the Government of Kenya in November 2010, I was able to meet last month with the Minister for Internal Security and other senior Government officials in Nairobi.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“A determination of the referral of the cases for which requests have been filed will have a clear impact on the completion strategy of the Tribunal and on the design, the timing, the size and the cost of the international residual mechanism expected to inherit the residual functions of the Tribunal. In the absence of a transfer of these cases and with the probable arrest of fugitives in the near future, the work of the Tribunal could increase significantly, thus extending the projected dates for the completion of trials. The transfer of such a workload to the proposed residual mechanism would expand the size and perhaps alter the nature of such an institution. However, the referral of these cases now to national jurisdictions could possibly see the end of trials at the Tribunal by the end of 2011.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“The referral of all but three of the 10 fugitives to national jurisdictions for trial remains a key element of the completion strategy of ICTR. In the absence of acceptance of these cases by other Member States, Rwanda continues to be the focus of this strategy. Two other cases - Bucyibaruta and Munyeshyaka - referred to France on 20 November 2007, remain with the French judiciary. It is our hope that Member States with the requisite capacity will share this responsibility of the ICTR completion strategy by accepting transfers from the Tribunals of some of the remaining cases.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“Indeed, the interval between the arrest and the transfer of - this particular accused was a record-breaking event in the way it was diligently pursued. Over the same period, the Office of the Prosecutor also prepared and filed three prosecution appeals and responded to one defence appeal. Currently, work is under way in anticipation of appeals in respect of several judgements, which we expect to have delivered from December onwards. On 4 November, following extensive law reform and measure to build the capacity of the Rwandan legal system to address the concerns of ICTR judges in the first round of referral requests, my Office filed applications for referral of three ICTR indictees to Rwanda for trial. They are Jean-Bosco Uwinkindi, a recent arrestee, and two other fugitives, Fulgence Kayishema and Charles Sikubwabo.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“On our side, the Office of the Prosecutor has completed the evidence phase in the Gatete case and we have closed the prosecution phase in respect of three other cases - Nzabonimana, Ngirabatware and Ndahimana - that are now in the defence phase. These three cases now join the ongoing trial of Karemera and two others. We are now ready to commence proceedings in respect of the Nizeyimana case, now scheduled for trial on 17 January 2011. Finally, since the last reporting period, the Office was able to secure the arrest of Jean- Bosco Uwinkindi, an indicted fugitive in Uganda, on 30 June, and to have him transferred to the Tribunal on 2 July. I would like to record our appreciation to the Government of Uganda for its cooperation in securing the arrest of this and other accused persons in the past and their transfer to the Tribunal.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“Mr. Jallow: Since our last report to the Council on 18 June 2010 (see S/PV.6342), the Office of the Prosecutor at the International Criminal Tribunal for Rwanda (ICTR) has continued to focus its efforts on the core activities for ensuring the trial readiness of new cases; the completion of ongoing trials; preparations for the renewal of our requests for referral of cases to Rwanda for trial; preparations for the commencement of rule 71 bis evidence preservation proceedings; the conduct of appeals; the intensification of our tracking efforts; and the provision of legal assistance to national authorities in respect of cases being investigated by them. Today, with the delivery this morning in Arusha of judgement in the Hategekimana case, we have now received five judgements arising out of the cases in progress.”
2010-12-06 · UN Security Council · Security Council, S/PV.6434 (2010) · source
“We now need to move forward to make sure that the agreement that we entered into last year for the provision of the information I have described is implemented. I look forward to the Kenyan authorities really implementing their decision to sit with us to discuss it further.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“I look forward to having such a meeting, but clearly, with the evidence before the Council, it is evident that Kabuga was in Kenya for a considerable period of time. The fact that it is now being said that he has left the country is an acknowledgement of that fact in itself. His presence there is also supported, as can be seen from the dossier before the Council, by documentary evidence concerning his visas, permits, business registrations et cetera, and by the fact that last year, at our request, the Attorney-General of Kenya had to go to court to try and seize a property registered in Kabuga's name in Nairobi. All this supports our statements that he has lived in Kenya and has had business activities in that country.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Nonetheless, I welcome the statement of the representative of Kenya that his authorities are open to further discussion on this subject and that we are welcome to go and discuss it with them in Nairobi. I would like that invitation to become a reality and for us to have a positive response from the Kenyan authorities welcoming us to Nairobi, on a date to be agreed, to discuss this particular issue with a view to our being provided with the information on Felicien Kabuga that they have promised to provide since last year. We have accepted the invitation that has been extended to go to Nairobi, but we would like it to be made definite, together with definite dates, so that it can be arranged.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“That is what we agreed at the meeting. Since then, I have sent many requests for the information. There has been no response. It has not been provided. I have requested that I be told when our investigators can go to Nairobi to work with the Kenyan police and examine the records relating to Kabuga, but there has been no response. As a matter of fact, we sent our latest request in March for a meeting with the Kenyan authorities - the Attorney-General, the Minister of the Interior and the Minister for Foreign Affairs. It was sent by way of a note verbale channelled through the Ministry of Foreign Affairs of Kenya. It was followed up with reminders, and none of them have been responded to. I am therefore a little surprised at the allegations that are now levelled at us.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Briefly, last year I had a meeting with the Minister of the Interior and National Security of Kenya, whom the representative here represents. He comes from his Office. That meeting was attended by a representative of the Secretary-General. At that meeting in Nairobi, we agreed on the information that we requested. First, as the Kenyans were saying that he had left the country, which is an acknowledgement by them that he had been in there, they should have provided us with information concerning the circumstances of his departure. Secondly, they should have granted access by our investigators and the Kenyan police who are members of the joint task force to specific Government files containing information on Kabuga. They should have affirmed that they would take further steps concerning his property and bank accounts.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Mr. Jallow: I would like to thank you, Mr. President, and the representatives before the Council for their remarks and their support for the work of the Tribunals. I only have a brief response to the remarks of the representative of Kenya concerning the case of Felicien Kabuga. On numerous occasions, we have commended the Government of Kenya for having assisted us in the arrest and transfer of 14 fugitives. That is a fact, and it is stated in the document distributed before the Council (S/2010/259) that Kenya has collaborated with us in the past in arresting and transferring that number. We continue to be grateful for that. But it is also worth noting that at the time those people were arrested, Felicien Kabuga was also in Nairobi and was one of those that should have been arrested and transferred at the same time, but he escaped the net.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“In the months ahead, we propose to commence the trials of the two remaining cases of detainees, file new requests for the referral of the cases of eight of the remaining 11 fugitives to Rwanda for trial by the end of August or early September, intensify our efforts in tracking and arresting fugitives, and prepare for the commencement, early in 2011, of evidence- preservation hearings in respect of three top-level fugitives. The cooperation of Member States and the support of the Security Council, the other organs and the Secretariat have been, and will continue to be, indispensable to the success of the completion strategy. I would like to convey our appreciation for all such support. We look forward to it at this crucial stage of the ICTR mandate.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“During the current reporting period, my Office has secured consents for disclosure from 89 prosecution witnesses and filed five motions for the variation of witness-protection measures. Submissions are being prepared for additional measures as well. Those applications also contribute to the overall objective of reducing the number of protected witnesses and documents, thus scaling down the eventual workload of any residual mechanism that may be established.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“The number of requests for mutual legal assistance from national prosecuting authorities continues to grow. In the current reporting period, my Office has already attended to 40 requests from 10 Member States for assistance with evidence - a significant increase over the 2009 level. The nature of this work continues to centre on extensive research into the Prosecutor's evidentiary database for relevant materials for use by national prosecuting authorities and investigators in respect of their work on the Rwandan genocide. An important element of our international cooperation practice has also involved extensive work to declassify key exhibits and to vary witness- protection measures.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Despite the copious evidence of Kabuga's entry, residence, activities and occasional reported sightings in that country, Kenya has neither arrested him nor provided the information requested by the Prosecutor to assist in the tracking and arrest of that fugitive. In view of Kenya's continued non-compliance with the requests of the ICTR, I have taken the step of requesting the President of the Tribunal, under article 28 of the ICTR statute and the Tribunal's rules, to notify the Security Council of the failure of Kenya to cooperate with the Tribunal in relation to that fugitive. That request sets out in greater detail the basis for the notification to the Council. We request the Council to consider the necessary measures to enable the ICTR to secure the cooperation of that country in this important case.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“I regret to report, however, that there has been no further progress in the matter of cooperation by Kenya in relation to the case of Felicien Kabuga. Despite numerous requests, the Government of Kenya has so far not provided my Office with details of Kabuga's alleged departure from that country. More particularly, the outstanding ICTR requests to Kenya for cooperation relate to a follow-up on the investigation of Kabuga's assets and properties in that country, the provision to the joint ICTR/Kenya police task force of access to all Kenyan Government files on Kabuga and full particulars, as I have just indicated, of the circumstances of his reported departure from Kenya - reports that have come from the Government of Kenya.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“While my Office prepares for the renewal of the requests for the referral of cases of indictees to Rwanda later this year, we have also continued the process of handing over files from my Office to Rwanda and other countries that relate to suspects who were investigated but not indicted by the ICTR. Indeed, on 8 June 2010, I handed over 25 such files to the Prosecutor General of Rwanda, thus bringing the number of such cases handed over to Rwanda by my Office to 55. The tracking, arrest and transfer of Felicien Kabuga and the other fugitives will continue to be a top priority. Our tracking team will continue to deploy all its efforts to that end. We count on the continued call by the Security Council on all States to cooperate fully with the Tribunal in those efforts.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Replacing them has been quite slow, due largely to the difficulty in attracting staff with the requisite competence and experience who are willing to work for just the short period that remains of our mandate. We have tried, as much as possible, to continue some of our activities within existing resources, - for instance by multitasking staff members. We continue to remain firmly committed to the effective implementation of the completion strategy, but I believe that sympathetic consideration of the supplementary budgetary proposals that have been submitted, together with measures that would iron out the challenges in recruitment, would greatly enhance our efforts in that respect.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“We hope to renew the requests for the referral of cases to Rwanda by September 2010. The slight delays in respect of those matters - with the exception of the requests for the referral of cases to Rwanda, which are tied to the ongoing capacity-building programme in and by that country - have been occasioned largely by the staffing challenges we face at the Tribunal. The current budgetary provisions have not provided adequately for the additional workload in 2010. At this critical juncture, we also continue to lose staff with experience and institutional memory, especially in the trial and fugitive-tracking sections, due to retirement or a desire by staff members to move on in view of the imminent completion of the ICTR's mandate.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“We have, during that period, indeed focused on those areas, with varying degrees of progress. During this period, the evidence phase of the proceedings in five cases was completed. The prosecution phase was also concluded in two other cases. The defence stage of three cases is ongoing. The commencement of the two new trials, the evidence- preservation proceedings and the tracking of fugitives have been hampered by staffing constraints. However, we are finally set to commence the trial of Ndahimana in September 2010. The Nizeyimana trial is now likely to commence only in the last quarter of 2010, as my Office is grappling with the challenge of constituting an adequate trial team to prepare and prosecute that case. The rule 71 bis proceedings are now likely to commence closer to the end of 2010.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Mr. Jallow: I am honoured to have been given the opportunity to report once again to the Security Council on the state of the completion strategy at the International Criminal Tribunal for Rwanda (ICTR). When I reported here six months ago, I indicated that the Office of the Prosecutor at the ICTR would focus its efforts in the ensuing six months on several fronts: preparations for the trials of the two new arrestees, Ndahimana and Nizeyimana; the conclusion of the part-heard trials; the renewal of our requests for the referral of cases to Rwanda in early 2010 for trial; the commencement of rule 71 bis evidence preservation proceedings in respect of three top-level fugitives; and the intensification of our tracking efforts to apprehend and transfer to the ICTR the remaining 11 fugitives.”
2010-06-18 · UN Security Council · Security Council, S/PV.6342 (2010) · source
“Within my Office, the archiving of the records of the Investigations Division and of the trials that have been concluded is already proceeding in earnest. All those activities will continue to require significant resources, as well as the cooperation of Member States, if the ICTR is to meet the goals of the completion strategy. In that respect, we look forward to the sympathetic consideration by Member States of the ICTR budget proposals for the 2010-2011 biennium. The cooperation of Member States and the support of the Security Council, the other organs of the United Nations and the Organization's Secretariat have been indispensable in the Tribunal's achievements. I would like to convey our appreciation for all such support. We look forward to that same cooperation at this crucial stage in the implementation of our completion strategy.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“The objective of the proceedings will be to enable the statements of prosecution witnesses, and even of defence witnesses, to be recorded before a judge, with a view to their use in a subsequent trial in the event that the witnesses are no longer available for good cause. In that way, we hope that the interests of justice will not be defeated by the loss of evidence in the wake of prolonged evasion of justice by fugitives. While we focus on servicing pending trials, the preparation of new cases for trial, filing new requests for referral to Rwanda and instituting proceedings for the preservation of evidence in respect of the three top- level fugitives, we are also attending to, and will intensify preparations for, the closure of the Tribunal, with particular attention to archival and residual issues.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“In our last report to the Council, I indicated that serious concerns for potential loss of evidence over time, in particular in the cases of top-level fugitives, had prompted my Office to propose amendments of the ICTR Rules of Procedure and Evidence to provide for a procedure for the preservation of evidence in cases where fugitives continue to be at large. As the President has indicated, the Judges of the ICTR, meeting in plenary session on 1 October 2009, adopted the necessary amendment to the Rules. Accordingly, my Office proposes to request such proceedings, by the second quarter of 2010, in the cases of the three top- level fugitives, namely, Felicien Kabuga, Augustin Bizimana, former Minister of Defence, and Protais Mpiranya, former Commander of the Presidential Guard of Rwanda.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“Combating international crimes requires an effective partnership between the Tribunals and national authorities. Access by such authorities to the vast databases of the Tribunals is indispensable for such a partnership. We shall continue to attend to requests for cooperation from States with all due diligence. In that respect, we welcome and commend Canadian authorities for the recently concluded successful prosecution in Canada of the first case of genocide in relation to the events in Rwanda. We also continue to support authorities in Belgium and other countries in respect of ongoing prosecutions.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“The authorities of several such States are now actively engaged in the investigation and prosecution of international crimes, in particular those connected with the Rwandan genocide of 1994. Those authorities require, and have benefited from, significant assistance, in particular evidence from the ICTR, in that process. In the past 12 months, my Office has received requests for assistance from 13 countries with regard to 44 targets under investigation by national authorities. We have serviced those requests by, among other things, providing information from, and access to, our evidentiary database and the records of other organs of the Tribunal. The sharing of information and evidence with national authorities will continue to be a major element of our work, not only now but beyond completion and even under a residual mechanism.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“Some donors have agreed to provide the necessary resources to make the service and the video link system operational before the end of 2009. Those measures should take care of the concerns related to witness protection and provide an alternative for the taking of evidence from those witnesses who are reluctant to travel to Rwanda to testify. Once those capacity-building measures are implemented, I propose to file new applications, early in 2010, for the referral of the cases of eight of the 11 fugitives to Rwanda for trial. Cooperation between the ICTR and national prosecuting and national judicial authorities has intensified significantly since the holding of a joint forum with such authorities in November 2008 at the ICTR.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“At this stage, it would be helpful, and indeed necessary, for the Security Council to continue to remind Member States of their legal obligations of cooperation in respect of fugitives. In the absence of other States willing to accept cases from the ICTR for trial, our efforts with regard to the referral of cases to national jurisdictions continue to focus on Rwanda. As I reported the last time we met with the Security Council, Rwanda has undertaken considerable law reform in the justice sector that, if combined with appropriate capacity building measures, should be sufficient to enable my Office to renew its requests for referral of cases to that country. Since our last report to the Council, the Tribunal has provided training to the staff of the new Rwanda witness protection service.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“We anticipate that, by the end of 2010, the trials of all current detainees, save the two new arrestees, will have been concluded. We are also optimistic that the intensification of tracking efforts and greater State cooperation may yield positive results with regard to the apprehension and transfer to the ICTR of the remaining 11 fugitives. Three of those fugitives have been earmarked for trial at the ICTR or by the residual mechanism, and the remaining eight for referral to national jurisdictions. The prospects for referral to a national jurisdiction following any further arrests will largely determine the conclusion of the Tribunal's trial phase under the completion strategy.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“In the declaration, inter alia, the Prosecutors called upon all States to take the necessary measures to vest their national and regional judicial systems with the capacity and jurisdiction to prosecute or extradite those suspected of international crimes and to provide full cooperation to all international criminal tribunals, in particular with regard to the enforcement of orders and requests for assistance. In the months that lie ahead, my Office will focus its efforts on several fronts. Trial readiness preparations are already in progress in respect of the two recent arrestees, namely, Gregoire Ndahimana and Idelphonse Nizeyimana, whose cases are set for trial in 2010. My Office will also be attending to the conclusion of eight partly heard cases, some of which commenced in the past six months.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“The fifth Colloquium of Prosecutors of International Criminal Tribunals, which I referred to in my last briefing to the Council (see S/PV.6134), was successfully hosted by the Office of the Prosecutor of the Tribunal in November in Kigali, Rwanda. It gave the prosecutors of all the international tribunals who participated in it an opportunity to share experiences as well as lessons learned and to consult further on ways in which the process of fighting impunity through the enforcement of international criminal law can be further enhanced. The Colloquium adopted the Kigali Declaration on international criminal justice, which will be circulated to all Member States.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“Repeated requests to the Government of Kenya for details of Kabuga's reported departure from that country have gone unanswered for the past 12 months. This situation should not be allowed to continue. This Council has, by its resolution 1503 (2003), called on Kenya to cooperate with the ICTR to ensure the arrest and transfer of Kabuga to the Tribunal for trial. Kenya should be required to comply with its legal obligations under the United Nations Charter, and international law generally, to give full cooperation to the ICTR and to comply with these requests. In the event that this situation continues in the weeks ahead, my Office will seriously consider the option of initiating the process for the formal referral of Kenya to the Security Council under article 28 of the statute of the Tribunal for non-cooperation with the ICTR.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“I would like to record our appreciation to the Governments of the Democratic Republic of the Congo and Uganda, as well as to MONUC, for their cooperation, which made these arrests possible. With such continued tripartite cooperation among MONUC, the Democratic Republic of the Congo and the ICTR, we are optimistic that several fugitives still sheltering in the Democratic Republic of the Congo can be apprehended and brought to justice and that their arrests will contribute significantly to the restoration of peace and stability in the Great Lakes region. However, I regret to report that there has been no progress in the matter of cooperation by Kenya in relation to the case of Fe'licien Kabuga.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“This is in addition to the preparation of two motions for additional evidence and responses to nine such motions in the Appeals Chamber. Three final appeals were also argued, with judgement delivered in one of them and pending in the other two. As the President has indicated, two new arrests of indictees were made. Gre'goire Ndahimana was arrested in the Democratic Republic of the Congo in a joint operation of the ICTR, the Democratic Republic of the Congo and the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) in August. Idelphonse Nizeyimana, a leading fugitive earmarked for trial at the ICTR, was arrested in Uganda in October 2009.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“Mr. Jallow: The past six months have been a period of sustained and intense work at the International Criminal Tribunal for Rwanda (ICTR) in furtherance of the completion of trial and other activities. During this period, the Office of the Prosecutor has been able to prepare and present the trials of six new cases and to complete the prosecution phase of the trials in all but one of these cases. A guilty plea was also successfully concluded in the Michel Bagaragaza case and received the endorsement of the Trial Chamber. Over the same period, the Office of the Prosecutor has had to prepare and file two final appeals and three interlocutory appeals. It has also had to respond to four final appeals and eight interlocutory appeals filed by the defence.”
2009-12-03 · UN Security Council · Security Council, S/PV.6228 (2009) · source
“At my request, the Rwandan military prosecutor has been able to provide me with details of up to two dozen senior military officers who, between 1994 and now, have been prosecuted before Rwandan military courts with respect to allegations against the Rwandese Patriotic Front (RPF). So, a lot of work has already been undertaken in this area; indeed, the work is ongoing. What I can say is that, at this stage, other than on those cases that I have mentioned, my Office does not have an indictment that is ready in respect of these allegations at this particular stage.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“As I have already reported to the Council, we gave the Rwandan prosecuting authorities the opportunity to proceed with that case against four senior military officers for the killings of those clergy and other civilians. At the trial level, two of them were convicted and two acquitted; that decision was confirmed by the Appeals Court in Kigali. The trial itself was monitored by staff from my Office. It was an open and public trial, and other parties monitored the proceedings, which, were, in fact, also video recorded. The report of my monitors indicates that the standards of fair trial were observed, and we have now received translated copies of the judgements. That is not the only case that has been prosecuted in Rwanda with respect to allegations against the RPF.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“As I indicated earlier, it is a simple matter; if the Kenyan Government is saying categorically that he has left the country, we would like to be advised of the circumstances of his departure so that the case can be followed up appropriately. Regarding the matter of allegations against the Rwandese Patriotic Front (RPF), we of course recognize that this is a matter that falls within our mandate, and we have been investigating those allegations with the result that, last year, we were able to reach an understanding with the Rwandans, who wanted to prosecute the case that we had developed. That was the Kabgayi case relating to the killings of several clergy in Kabgayi by RPF soldiers.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“Mr. Jallow: My thanks, Mr. President, go not only to you but to all the members of the Security Council for their support and their encouragement. Turning to the last issue that was raised in relation to Kabuga, of course I would like to acknowledge the support that the International Criminal Tribunal for Rwanda (ICTR) has received from Kenya over the years in the form of the arrests of several other fugitives in the late 1990s. But even at that time, of course, Mr. Kabuga was one of the indictees whose arrest we were seeking from that country, and he was the only person to have escaped arrest from Kenya in the late 1990s, when operations were mounted jointly by the police force and our staff to transfer indictees who were wanted in Arusha. Since then, this has continued to be an issue.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“The Tribunal is currently also focusing more attention on residual matters relating to archives and public access to documents, continuing support for national prosecutions and appropriate administrative closure and reporting. We remain firmly committed to concluding the trials of current detainees in a timely manner and to making the referral of cases of some detainees and fugitives a success. We do not underestimate the challenges of doing so, in particular in the light of the possible loss of experienced staff as the completion strategy progresses. We nonetheless remain committed to those goals. I would very much like to thank the Security Council and all the organs of the United Nations for their continued support for the work of the ICTR.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“These proceedings are expected to be very limited in duration, and they should not have an adverse impact on the completion strategy. Building upon the conference of international and national prosecutors held in November 2008, my Office will be hosting the annual prosecutors' colloquium later in the year to discuss the legacy of the International Criminal Tribunals in relation to measures against impunity for mass atrocities. The colloquium will focus on drawing lessons from the past in the administration of international criminal justice and on reflecting on the future of that process at a time when the ad hoc Tribunals are winding down.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source
“The public interest in the proper administration of justice requires that a fair and proper trial not be subverted by the success of the fugitives in evading justice long enough for the evidence against them to possibly disappear, especially where the bulk of the evidence is based on the oral testimony of witnesses, who may no longer be available. Accordingly, my Office has proposed amendments to the ICTR Rules which would enable the Tribunal to preserve the testimony of witnesses in the cases of the fugitives, and which would enable such evidence to be available in any subsequent trial if the witnesses are not available at that time. The rule change, when adopted, will result in proceedings to take special depositions next year from such witnesses in at least four cases of fugitives.”
2009-06-04 · UN Security Council · Security Council, S/PV.6134 (2009) · source