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

“Altogether, 23 accused - including some cases for which judgement is pending - are now standing trial. We expect the cases of three other accused persons, two of whom were recently arrested in Europe, to be transferred to the ICTR shortly. As President Byron indicated, the third person is Michel Bagaragaza, who will have to return to Arusha following the revocation of the transfer of his case to Holland. It had been determined in Holland, following the referral of his case by the ICTR, that the Dutch courts could not exercise jurisdiction over his case. His trial will therefore proceed in Arusha. During the reporting period, with the intensification of tracking activities and the cooperation of some Member States, the number of fugitives dropped from 18 to 14, following arrests in France and in the Federal Republic of Germany.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Mr. Jallow: The revised completion strategy document submitted by President Byron on 16 November 2007 (S/2007/676), following consultations with the Prosecutor and the Registrar, sets out in great detail the progress made so far at the International Criminal Tribunal for Rwanda (ICTR) in the implementation of its completion strategy. It was supplemented this morning by President Byron's presentation, so I shall not be going into great detail about the matters already covered. Suffice it to say that recent judgements have now brought to 35 the number of accused persons whose cases have been completed by the ICTR. Taking into account the four applications for the transfer of detainees, there are now six accused persons in the United Nations Detention Facility at Arusha awaiting trial.”
2007-12-10 · UN Security Council · Security Council, S/PV.5796 (2007) · source
“Finally, I wish to join my colleagues in placing on record the appreciation of all the international tribunals, the entire international community and, indeed, all those who are interested in the cause of international criminal justice for the tremendous contribution of Ms. Carla Del Ponte in promoting the cause of international criminal justice. I speak particularly as her successor at the Rwanda tribunal - one who is keenly aware and appreciative of the very strong foundation she laid there, which has enabled us to make progress and to maintain the momentum in this area. We wish her very well in the future. We will surely miss her presence at these gatherings.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Regarding the transfer to France, we all agree, of course, that the international prosecution of these crimes is a responsibility shared between the Tribunal and Member States. What we can prosecute and handle in Arusha, we do. Where we find Member States willing and able to take some of the responsibility from us and handle it effectively, we share the burden with them. That is why we are trying to refer cases to Rwanda and to other countries. France has indicated to us its commitment to accept these cases and effectively prosecute them, and it is on that basis that we have proceeded to request the referrals to Paris for trial.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“We are just flagging it as an issue which may arise next year; we all agree that these six people, because of their status and the level of their participation in the genocide, need to be tried before the ICTR. If they are arrested next year and brought to the ICTR at a time when their trials cannot be finished by the end of 2008, then the Council will have to decide how we proceed with their cases: should we continue with their cases beyond 2008, or should we seek to transfer their cases to a national jurisdiction or to another international mechanism? This is a question that could possibly arise next year; it does not have to be decided upon now. We merely flagged it for the Council's attention.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The law also provides that, in the event of conviction, prisoners will be held in accordance with United Nations minimum standards for the detention of persons. All these guarantees are provided, and, as I said at the beginning, I believe that it does really provide us with the necessary fair trial guarantees to enable the process of referral to take place. The text of the law, as I indicated, will also be circulated. The second issue relates to the question raised by the representative of Qatar. My understanding was that it relates to whether the Council is being asked to take a decision on the issue of the top six fugitives who are still at large but whom we wish to have prosecuted at the Tribunal. We are not asking for any decision now by the Council on that issue.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“It provides for the traditional guarantees of a fair trial, the right to be tried within a reasonable time, the right not to be tried in absentia, the right to call witnesses, the presumption of innocence and so on - in fact, basically all the rights that are in the ICTR's Statute - the right to counsel and so on. Given the specific features of the process itself, certain guarantees are provided for defence counsel and defence witnesses, so that defence counsel and defence witnesses who have to travel to Rwanda to participate in this process are provided with legal guarantees against search, seizure, arrest and so on, so that they can operate freely and carry out their functions effectively in the country.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“It therefore opens up the possibility of greater cooperation between Rwanda and other countries in that particular area, particularly countries where Rwandan genocidaires whom we cannot prosecute at the Tribunal, for various reasons, reside. This law now provides a framework for cooperation between such countries and Rwanda. Essentially, the law provides that all such cases will be tried by the High Court in Rwanda, not by a traditional court. They will be tried by the High Court, which comprises legally qualified and experienced judges, with appeals going to the Supreme Court, which will also be similarly composed.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Mr. Jallow: I, too, should like to express my appreciation to the members of the Council for their support and their words of encouragement. I should like to address three issues that were raised. First, there was an expression of interest by the representative of the United Kingdom on further details regarding the Rwandan law which has been enacted on the transfer of cases. It will be circulated to members of the Council so they can see the details of it. But I should just like to emphasize the fact that it applies to the transfer of cases both from the International Criminal Tribunal for Rwanda (ICTR) and from other States to Rwanda.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Such support and cooperation are absolutely essential for the success of the Tribunal's mandate and for furthering the cause of international criminal justice.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Its support in facilitating access to witnesses, to sites and to evidence has contributed significantly to the steady pace of the trials in Arusha. Staff retention continues, as we reported at the December 2006 meeting, to be a matter of serious concern as we progress to completion. The challenge of proper completion can best be met with the aid of competent, dedicated, well-motivated staff. We thus wish to emphasize the need for early approval of measures and incentives which would enable the Tribunal to retain the staff it requires for completion of its mandate. Let me conclude by conveying our appreciation for the immense support we continue to receive from the Security Council and other organs of the United Nations, as well as from the Secretariat and Member States.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I also wish to inform the Council that my Office also filed, a week ago, a request for the referral of the cases of two other indictees to France for trial. These are indictees who are resident in France, which has jurisdiction over the cases and which has also agreed to receive the cases from the ICTR. We await the decisions of the Trial Chamber on the requests. I would like to place on record our appreciation for the invaluable support that France has provided to the Tribunal over all these years. Investigation of the allegations against members of the Rwanda Patriotic Front, which we had hoped to conclude by now, need to be continued until we are in a position to finish that aspect of our mandate. Rwanda continues to cooperate effectively with the ICTR.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Donor assistance, notably from the European Union, Canada and the United States of America, and technical assistance from the ICTR continue to provide for capacity-building for the Rwanda legal system. These significant developments have, in my view, made Rwanda eligible for referral of cases under rule 11 bis of the ICTR Rules, relating to the referral of cases of indictees. The final decision, of course, rests with the judges; the role of the Prosecutor is to make a request. Accordingly, my Office, a week ago, filed the first rule 11 bis request for the referral of the case of an indictee to Rwanda. Should the outcome prove favourable to the Prosecution, a number of other similar requests will follow. In the event that these rule 11 bis requests to Rwanda are not approved, I shall revert to the Security Council.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I believe also that a broader view of the mandate of the United Nations Organization Mission in the Democratic Republic of the Congo which would facilitate collaboration among that mission, the Democratic Republic of the Congo and the ICTR would help us achieve good results. Rwanda has recently enacted legislation, which has now come into force, providing for the trial of cases referred from the ICTR and from States for offences related to the 1994 genocide. That law excludes the application of the death penalty in such cases and provides extensive guarantees for fair trial similar to the provisions of the ICTR Statute. The Office of the Prosecutor has secured the agreement of the African Commission on Human and Peoples' Rights to monitor the trial of any case referred by the Tribunal to Rwanda.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“It is necessary now that the Security Council and the Members of the United Nations bring their influence to bear on the Government of Kenya for it to live up to its international legal obligations by arresting Felicien Kabuga and handing him over to face justice at the ICTR. As I indicated earlier, if we wish to try him at the ICTR we need to have him arrested and transferred by the end of this year. Most of the remaining fugitives are reported to be in the Democratic Republic of the Congo. Their arrest, particularly the arrest of those earmarked for trial in Arusha, must remain a priority. The cooperation of the Government of the Democratic Republic of the Congo and of other States in the Great Lakes region continues to be sought by the ICTR to that end.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“That effort disclosed that Kabuga was present at various times in Kenya up to October-November 2006 and that he has several business interests in that country as well. An independent source has confirmed to the ICTR that Kabuga was indeed seen in Nairobi as late as April 2007. We remain convinced, on the basis of these intelligence reports, that Kabuga continues to be present in Nairobi and carry on business in the country. The joint investigations between the ICTR and Kenya continue to point in that direction. Welcome as they are, however, these joint efforts have not led us to our goal, which is his arrest and transfer to the Tribunal. These inquiries are not an end in themselves; they are useful only if they lead us to that ultimate goal.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“This will allow the necessary preliminary procedures and arrangements to be made by the Chambers and the parties to the case - that is, the prosecution and the defence - before the commencement of trials. There is therefore a need for vigorous efforts by all concerned, including Member States, to ensure their timely arrest and rendition to the ICTR. In my last report to the Security Council, I briefed members on my discussions with officials and ministers of the Government of Kenya, which Government continues to assure me of its full cooperation with regard to the arrest and transfer to the ICTR of Felicien Kabuga. Since then, a joint effort has been under way between ICTR officials and the Kenya police.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“In the event that these persons are arrested too late for their trials to conclude by the end of 2008 at the ICTR, or in the event that they remain at large and unarrested by that date, the Tribunal will need guidance from the Council as to how their cases should be dealt with. The solutions may include authority for the ICTR to proceed with such cases beyond the end of 2008 or the referral of these cases to a national or other jurisdiction for trial. It is important to stress, however, that if the ICTR is to succeed in concluding the trials of these six top- level fugitives in time, by the end of 2008, they - and here I include Fe'licien Kabuga - need to be arrested and placed in the custody of the Tribunal by the end of 2007.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Six of the 18 fugitives - including Felicien Kabuga, businessman and supporter of the Mouvement re'publicain national pour le developpement et la democratic (MRND), the then-ruling political party; Protais Mpiranya, former Commander of the Presidential Guard; Augustin Bizimana, former Minister of Defence; Callixte Nzabonimana, former Minister of Youth; Augustin Ngirabatware, former Minister of Planning; and Idelphonse Nizeyimana, a former senior military official - have been earmarked for trial in the ICTR because of their respective leadership roles in the genocide of 1994. It is important for continued success of the campaign to combat impunity worldwide that such persons of high standing who bear responsibility for serious crimes not escape the arm of the law.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“After the initial setback in the application for the transfer of the case of Michel Bagaragaza to Norway, the judges of the ICTR finally acceded to the request of the Prosecutor to refer this case to the Kingdom of the Netherlands, which had agreed to accept the case. The accused and the case file of the Prosecutor have now been handed over to the Dutch authorities. We are immensely indebted to the Kingdom of the Netherlands for its cooperation in this and several other matters. Rwanda remains the main possible destination for the referral of cases under rule 11 bis for prosecution. The number of cases of indictees which remain for referral is in the region of 15, comprising 12 of the 18 fugitives and three of the detainees awaiting trial.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“I also reported to the Council earlier that the Office of the Prosecutor has already handed over some 30 files of suspects to Rwanda and to other jurisdictions for further investigation and possible prosecution by the national authorities of the States concerned. These cases relate to persons who were under investigation but who had not yet been indicted and whose cases we believe require further attention and action where possible. I am pleased to report that, since my last report to the Council, in December (see S/PV.5594), the referral of cases of indictees under rule 11 bis of the ICTR Rules to national jurisdictions for trial has now started.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“The negotiation and conclusion of guilty pleas with accused persons continues to be an important element of the prosecution strategy, and we anticipate a positive outcome in that respect shortly. The Office of the Prosecutor is also actively engaged in ensuring the trial readiness of these cases in order to be able to proceed with the trials as soon as the programme of the Trial Chambers so permits. The Council will recall that on previous occasions I have indicated plans to request the referral of the cases of five detainees to a national jurisdiction for trial. That figure has now been reduced to a maximum of three detainees whose cases may be so referred. The adjustment is due to the reduction in the number of detainees who are now awaiting trial.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Bagosora and three others - what we refer to as the Military I case - a major case of the ICTR is now reaching finality and awaiting only judgement. The number of accused persons standing trial has thus been reduced to 22, with all but five of them charged in multi-accused trials. All those cases are anticipated to conclude between 2007 and 2008. There is a possibility of a case or two which might be in progress in 2008 extending over to early 2009 for completion. Since our last report to the Security Council, the number of detainees awaiting trial has been reduced from 11 to 8. We believe that, after making allowances for possible guilty pleas and for possible referrals of some of those cases to national jurisdictions for trial, what remains of this category of cases can be disposed of by the end of 2008.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“Mr. Jallow: The updated Completion Strategy document of the International Criminal Tribunal for Rwanda (ICTR) reflecting the information available to us as at 15 May 2007 and which has been submitted to the Security Council reflects the continued progress of the Tribunal in the implementation of the completion of our mandate, as set out in resolutions 1503 (2003) and 1534 (2004). Our commitment to and our confidence in attaining the goals of the Completion Strategy remain firm and unwavering. We continue to believe these goals to be reachable, and we shall continue to work towards that end. The President of the ICTR, Judge Byron, has given the Council a synopsis of where we stand at the moment. I just wish to add that, with the conclusion of evidentiary proceedings in the case of the Prosecutor vs.”
2007-06-18 · UN Security Council · Security Council, S/PV.5697 (2007) · source
“His commitment to this cause has been a source of great strength to the Tribunals. The Action Plan to Prevent Genocide, launched by the Secretary-General on the occasion of the tenth anniversary of the Rwanda genocide, provides the international community today with an opportunity and a mechanism to carry the struggle against impunity further, in a holistic way combining preventive and remedial strategies. We look forward to the continued support of the international community in the implementation of the Action Plan. On behalf of my staff and on my own personal account, I wish to sincerely thank His Excellency the Secretary-General for his leadership, and to wish him well in his retirement. I also wish to seize this opportunity to congratulate and welcome the incoming Secretary-General, His Excellency Mr.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“This will come at a critical period of our mandate. It is necessary and urgent that a system of incentives be put in place to enable the Tribunal to retain the staff that it requires from 2007 to completion. We look forward to the understanding and support of Member States in respect of proposals for staff retention which are currently under consideration within the United Nations. Let me conclude by extending my appreciation to the Security Council, other organs of the United Nations and the Secretariat for the support they have provided to the Tribunal over the years. In that respect, I must single out His Excellency Mr. Kofi Annan, the Secretary-General, who has been a pillar of encouragement, understanding and support not just for the ICTR and the other Tribunals, but for the wider cause of international criminal justice.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“My Office has been collaborating with such offices by providing them with material evidence and other support to ensure that impunity does not prevail in these instances. I wish to assure them all of our continued cooperation. As we draw nearer to the end of our mandate, the ICTR will also be paying particular attention to legacy issues, staff retention and residual matters which will remain after closure. The Security Council will receive proposals in due course on some of those matters. Staff retention is, however, a matter of immediate concern. Whilst we do not envisage any need for additional resources beyond current budgetary levels, and may indeed anticipate a decline in some areas eventually, it is probable that the Tribunal will lose some of its most experienced staff, who may naturally be looking for greater security elsewhere.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I have indicated to the Security Council in my previous reports that my Office has felt it necessary to carry out further enquiries after our evaluation of the material relating to alleged violations of humanitarian law by the Rwanda Patriotic Front. I expect that, in the course of 2007, those enquiries should conclude, enabling us to decide which way to proceed. The Tribunal has continued to receive substantial cooperation and support from Rwanda and other States Members of the United Nations in many matters. Increasingly, and happily, many States are now willing to share the burden of prosecuting alleged ge'nocidaires. The United States, Canada and several States in Europe have now established special offices to prosecute suspected genocidaires who may have taken up residence within those countries.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Council members are aware that capacity- building is crucial to a successful strategy of partnership with national jurisdictions. Indeed, the Council has, in its resolutions and statements, called for capacity-building assistance to those countries which are willing to share the burden of the struggle against impunity. As members will observe from annex 5 to the completion strategy document (S/2006/951, enclosure), the ICTR in its own limited way has been assisting Rwanda in that respect through its outreach programme. The efforts of the Governments of the United States of America and of the European Union member States to improve the legal system of Rwanda are also to be commended.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“As soon as that is accomplished, I shall be requesting the transfer of the cases of those 17 indictees - the 12 who are at large and five who are in custody - to Rwanda for trial. I hope that can be done in the first half of 2007. The number of cases - 17 - for referral to Rwanda may rise to include any of the six top-level fugitives currently earmarked for trial in Arusha, if they are not arrested by the end of 2007. If, for any reason the referral of cases to Rwanda becomes impossible, then the cases so earmarked will fall back within the workload of the Tribunal, either to be prosecuted in Arusha or to be transferred to another jurisdiction. We hope that the former will not arise and that referral to another national jurisdiction in that event will still be feasible.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Karemera et al., delivered earlier this year, ruled that Trial Chambers should now take judicial notice of the occurrence of the genocide in Rwanda as a notorious historical fact that requires no proof. It has recently reaffirmed that decision. By eliminating the need for such proof, that judicial decision has the potential to shorten the proceedings in the remaining cases. Twelve fugitives have been earmarked for transfer to Rwanda, together with five of the detainees currently in custody. The indications, following consultations in Rwanda, are that the death penalty, a major obstacle to the transfer of any case to Rwanda, will be abolished not just in relation to the cases of the ICTR, but across the board.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Of the 18 fugitives who remain at large, a maximum of six, including, of course, Felicien Kabuga, will be prepared for trial in Arusha in the event of arrest. The cases of those 12 accused people- that is to say as of today, six who are currently in custody and six who are currently at large- can, we believe, conveniently be concluded over the two-year period 2007-2008. The policy of single-accused trials, together with the space and resources which are progressively becoming available over the same period with the conclusion of the multi- accused trials, would provide an additional advantage in dealing with the remaining caseload. The Appeals Chamber of the ICTR, in its decision in the case of The Prosecutor v.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Looking ahead to next year, our focus will continue to be on the timely and efficient conclusion of the cases of those currently on trial, the preparation and commencement of new trials, the intensification of the tracking programme for the arrest and transfer of fugitives for trial and the referral of cases of indictees to national jurisdictions for trial. Of the 11 indictees currently in detention awaiting trial, five have been identified for transfer to national jurisdictions. In the meantime, guilty-plea negotiations are ongoing with some of them. The remaining cases from that category will be made trial- ready by my Office, with up to three cases being ready to commence in the first half of 2007, should courtroom space be available.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“I am awaiting the report of the Kenyan Government in that respect. The Council's encouragement of Kenya to intensify its collaboration with the ICTR in the matter of Felicien Kabuga continues to be necessary. I wish to take this opportunity to place on record our appreciation to the group of ambassadors in Kenya known as the friends of the ICTR, which is largely comprised of ambassadors from the United States of America, the European Union and Canada, for their active support in our discussions with the Government of Kenya. I look forward to their continued involvement in this matter.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Members will recall that in resolution 1503 (2003) the Security Council requested Kenya to cooperate with the ICTR in the matter of his arrest and transfer to the Tribunal for trial. The information available to us continues to confirm Kabuga's connection with the territory of Kenya. In September 2006, I undertook a mission to Kenya to discuss that matter with Government officials. I was assured by officials and ministers of the Government's commitment to collaborate with the Tribunal in searching for the fugitive in Kenya, to have him arrested if found and to investigate his assets in Kenya. A number of measures were agreed upon as a result of our discussions. I was to be advised of the status of the implementation of those measures by the Government of Kenya by 15 November 2006.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Unfortunately, despite the increased activity of the Tribunal's tracking team, in the past six months we have not been able to apprehend and transfer to the ICTR any of the 18 fugitive indictees who continue to evade the ICTR. The evasive strategies of the fugitives - including their constant mobility across a large belt of East, Central and Southern Africa, their refuge in inaccessible areas of the Democratic Republic of the Congo and changes in personal identity - have posed severe challenges to the efforts to track them down. So also has the matter of State cooperation and the level of such cooperation. In the past six months I have continued consultations with officials of the Kenyan Government regarding the case of Felicien Kabuga, who remains at the top of the list of fugitives.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Accordingly, I propose, early in 2007, to request the transfer of three other indictees to that country. The option of transferring cases to African countries other than Rwanda is not likely to be viable. All the African countries that I have approached in that respect -while in principle supporting the sharing of the Tribunal's workload - have pleaded capacity and resource constraints and overloaded national judicial systems as obstacles to their participation in that exercise. Rwanda therefore remains the only African country willing, although not yet ready in the sense of fulfilling the conditions for transfer, to receive from the ICTR cases ofindictees for trial.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“The commencement of the rule 11 bis transfer of indictees to national jurisdictions for trial received a temporary setback when both the Trial Chamber and the Appeals Chamber of the Tribunal rejected the request of the Prosecutor for the transfer of Michel Bagaragaza to Norway for trial. That decision was based on the Chamber's view that Norway lacks jurisdiction to prosecute Bagaragaza for the offences on which he had been indicted. However, I have now filed a second request for the transfer of his case to another European country, which has agreed to take the case and which, in our View, is able to exercise jurisdiction over the offences in the indictment. A decision is pending on the application. Meanwhile, another European country has agreed to take on cases on transfer from the ICTR.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Of those five cases three accused were convicted, one of whom pleaded guilty, and two were acquitted. As planned, in the past six months the Prosecution was able to commence trials in three new cases. Those cases are proceeding steadily and satisfactorily. The trials of 25 accused persons are in progress before the Trial Chambers, with 22 accused being tried jointly in five multiple-accused cases. While those cases present a major challenge, they are nevertheless all expected to conclude at various times during 2007 and 2008. None of them is projected to go beyond the end of 2008. The conclusion of any of those multi-accused cases will provide an opportunity to enhance the capacity of the Tribunal to proceed with the trials of additional single-accused cases.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“Mr. Jallow: Members of the Council now have before them the revised completion strategy document of the International Criminal Tribunal for Rwanda (ICTR), which is based on developments as of 30 November 2006 and which was submitted by Judge Erik Mose, President of the Tribunal, in consultation with the Office of the Prosecutor and the Registry. The ICTR continues to make steady progress towards the completion of its mandate, in accordance with the deadlines set by Security Council resolutions 1503 (2003) and 1534 (2004). We remain committed to the deadlines and confident of the Tribunal's ability to comply with the completion dates that have been set by the Security Council. Since our last report to the Council, five cases have been completed - as mentioned by the President of the Tribunal.”
2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source
“If there are no such guarantees, I do not envisage that the Tribunals would make any referrals to that country. In that respect, it was also encouraging to hear from the representative of Rwanda that his country would shortly be taking the steps necessary for it to be eligible. That would help us immensely, as I mentioned in my introduction of the matter. I should like once again very much to thank you, Madam, and the rest of the Council.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“At this stage, we need to move from a general encouragement of support for those countries that are willing to examining and establishing concrete measures for the building of judicial capacity in those countries. In that respect, I was pleased to hear the representative of the United Republic of Tanzania propose that the United Nations Secretariat, in consultation with the Tribunals, look at what measures can be put in place. I think that that would be very, very welcome and that it would help the referral system. Of course, let me assure representatives, in response to the concerns that they have raised, that referrals are made only on the condition that the application of the death penalty is excluded, and that there are guarantees of fair trial - both in law and in practice - in the country concerned.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Mr. Jallow: I thank all members of the Council for their contributions, which have demonstrated their support for the International Criminal Tribunal for Rwanda (ICTR) and for the Tribunals generally. We are also greatly encouraged by the understanding expressed during the course of the debate of the central role of the referral of cases within the completion strategy and, in turn, of the need for capacity-building to ensure the success of the referral system. In my experience, the countries that are willing to take on our cases are likely unable to assume the costs associated with the referral of cases. Therefore, it is very important that some way of assisting them be found.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Out of that process we have developed a strategic plan, which we hope will be useful in guiding us for the remaining years of the mandate. Whilst all of those internal measures taken at the Office of the Prosecutor, together with others instituted in the Registry and the Chambers, will enhance greater efficiency, the two challenges of arrests and referrals of cases remain the most pressing issues for the Tribunal. I would like to seize this opportunity to thank you, Madam, and the Security Council, the Secretariat and Member States, which continue to actively support the Tribunal towards the successful implementation and completion of its mandate.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“We are at the moment also in the process of formulating best practices and standards in various aspects of the investigation and trial process, as well as developing manuals and procedures to ensure adherence to those practices and standards. All of those tools are designed to inject greater efficiency into the Office of the Prosecutor in the discharge of its prosecutorial mandate and to accelerate and expedite the prosecution of cases. We are continuously engaged in the process of reviewing our working methods and strategies to that end. In March 2006, we held our second major strategic review, which gave us the opportunity to identify the measures which we need to take to ensure the success of the completion strategy.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“One such improvement is the electronic disclosure system, a computer-based information management system containing all the non-confidential evidence and other information held by my Office. That store of information, which is available to the defense on application via the Internet, enables defense counsels to access our information database from anywhere in the world 24 hours a day and seven days a week. The most important benefit of the system is that it facilitates compliance by the Office of the Prosecutor with its disclosure obligations under the rules of procedure and evidence and speeds up the trial process. Others tools have also been adopted, such as the Intranet and the CaseMap systems, as set out in greater detail in the completion strategy document.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“But the need for arrest in order to enable the case to proceed in the referee country will remain. International cooperation in the arrest and transfer of fugitives to the ICTR or to the referee countries thus remains imperative. In the event that for any reason the cases earmarked for referral - currently numbering at least 17 and possibly rising to 20 - cannot be transferred to national jurisdictions, the burden of prosecuting those cases will fall back on the ICTR. That will constitute a substantial increase in our workload and present a real challenge to the completion strategy. Meanwhile, internally, we have continued to develop and implement internal strategies to facilitate the speedy trial of cases, including the improvement of management of the Office of the Prosecutor and the use of technological tools.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“We remain confident that the ICTR can conclude the cases of all those indictees currently in detention - either on trial or awaiting trial - by the 2008 deadline of the completion strategy. In my last report to the Council, however, I drew attention to two challenges that we face: the arrest of the fugitives and the referral of cases. Those challenges remain. We propose to prosecute at the ICTR at most six of these persons at large, including Mr. Kabuga. In accordance with Security Council resolution 1503 (2003), we propose to transfer the remaining cases to national jurisdictions for prosecution. Ideally, all these fugitives should first be arrested and transferred to the ICTR and then proceed to be dealt with, either by trial at the ICTR or by referral. Where they remain at large, their cases could still be referred to another country.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“This commitment by States will further contribute to ensuring that there are no safe havens even for persons who may not have been indicted by the ICTR. We strongly encourage other States to adopt such a policy. Our focus will continue to be the prosecution of the cases currently on trial, the preparation of the cases of the remaining 14 detainees and at most six of the 18 cases of those who are at large, the implementation of a more effective tracking and arrest strategy for fugitives and the continuation of referral proceedings to national jurisdictions in respect of indictees. I propose to request the referral of the cases of some detainees as well as the cases of most of the 18 who remain at large.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Furthermore, we have offered eight places for Rwandan prosecutors for attachment to the Office of the Prosecutor in Arusha as our contribution in training Rwandan lawyers. Our staff in Kigali and Arusha will also assist in training Rwandan investigators. Negotiations with other European States for referral of cases also continue. We await responses in respect of three cases of indictees which the Office of the Prosecutor has identified for referral to Europe. In a welcome new development, many countries are now increasingly showing a commitment to prosecuting genocidaires residing in their territory who have not been indicted by the ICTR. We have been collaborating with such countries by providing them with the evidence at our disposal to enable them successfully to prosecute such genocidaires.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source