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

“In that respect, I have received indications from the Government of Rwanda that this year it intends to take the necessary measures for eligibility to receive cases from the ICTR. The eligibility of Rwanda could significantly advance the Tribunal's transfer strategy. Meanwhile, my Office has been making its own contribution to capacity-building in the Rwandan legal system in anticipation of this development. There are currently seven Rwandan lawyers working in the Office of the Prosecutor, as well as Rwandan investigators and language assistants. We expect that their experience will be useful to the Government of Rwanda generally, and particularly in the handling of referred cases.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“While we recognize the cost to States, it is absolutely necessary for more States which have the jurisdiction and the capacity to try these cases to come forward and to share this task with the ICTR in order to promote the cause of an international criminal justice system. I have, since my last report to the Security Council, met Government officials of some four African countries and discussed with them the possibility of referral of cases to those States for trial. Their responses are awaited. While some countries are willing in principle to accept these cases, inadequate judicial capacity continues to be the main obstacle to their effective collaboration. Rwanda continues to be our major focus for referral of cases of indictees for trial.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“That ruling significantly limits the range of countries available for referral and in that respect could impact negatively on the referral strategy. However, a final decision is now pending in the joint Appeals Chamber of the Tribunals. The Security Council has, in its resolution 1503 (2003), called on Member States to assist in developing the capacity of those States willing to accept such cases. However, there is a need for more concrete assurances and indications of possible support for such countries, including Rwanda, in order to encourage a more positive response to ICTR requests for acceptance of cases. Support should be provided to national jurisdictions that are willing, but unable due to resource constraints, to receive and prosecute indictees on referral.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“We hope that this partnership among the ICTR, civil society groups, the United Nations and the Government of Kenya, as well as other Governments, will yield dividends. The tracking and apprehension of the other 17 fugitives continues to rank as a high priority. We therefore continue to emphasize the need for the cooperation of Member States to ensure their arrest and their eventual trial either at the ICTR or in countries willing to accept cases on referral from the Tribunal. Unfortunately, in the past six months we have not registered any arrest or transfer of a fugitive to the ICTR. Referral of indictees under rule 11 bis of the rules of procedure and evidence continues to be a slow and challenging process. The first motion for transfer of a case of an indictee to a national jurisdiction was rejected by a Trial Chamber on 18 May 2006.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“I believe that the Government of Kenya needs to be encouraged to fully cooperate with the ICTR in this respect and to make more intensive efforts to track and arrest Felicien Kabuga and transfer him to the ICTR for trial. The evasion of justice by Kabuga is a matter of concern to all of us, as well as to many civil society organizations both within and outside of Africa. In my meetings with African non-governmental organizations (NGOs) in May 2006, some 60 NGOs signed a petition calling upon the Government of the Republic of Kenya to cooperate with the ICTR in this respect. Local Kenyan NGOs have also indicated their willingness to cooperate with the ICTR. These civil society organizations are playing a valuable role as partners with the ICTR in the pursuit of international justice. They are to be commended and supported.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“The Office of the Prosecutor has, as well, successfully negotiated and concluded one guilty plea, in the case of Joseph Serugendo, as the Tribunal President has indicated. The ICTR continues to face challenges in tracking and arresting the 18 indicted fugitives. In my last report to the Council, I disclosed that the intelligence available to my Office confirmed that indicted fugitive Felicien Kabuga has continued to reside in and carry on business in Kenya. He continues to be at large. His arrest and trial remain a top priority for the ICTR, and indeed for all of us. We have maintained contact with the authorities in Kenya on this issue, and they have promised to collaborate. Nonetheless, he remains at large.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Mr. Jallow: Since my last report to the Security Council, on 15 December 2005 (see S/PV.5328), the implementation of the completion strategy has continued to progress satisfactorily at the International Criminal Tribunal for Rwanda (ICTR). The recent developments are set out in the revised ICTR completion strategy document which the President of the Tribunal has submitted to the Security Council following consultations with my Office and with the Registry. In the preceding six months, the Office of the Prosecutor has started the Karera case, of which it has since concluded the prosecution phase. The defence phase is currently proceeding. During this period we have concluded three other cases and are ready to commence three new trials before the end of 2006.”
2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source
“Relations between the ICTR and Rwanda remain very good. As the President has reported, the Government continues to cooperate with the Tribunal in respect of seeing to the availability of witnesses as well as in regard to documentary evidence. Finally, Mr. President, I should like to conclude by thanking you and the members of the Security Council, the Secretariat and all the organs as well as Member States of the United Nations for their cooperation and support of the Tribunal in ways that continue to facilitate the implementation of the completion strategy.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“The challenges we face remain twofold: the arrest of the remaining 19 fugitives, and the referral to national jurisdictions of the cases that have been so earmarked, including the cases of some of the 19 fugitives. All Member States should be urged to fulfil their legal obligations by arresting and transferring fugitives who are in their territory to the Tribunal. It is important for the struggle against impunity that all the indictees be prosecuted, whether at the ICTR or elsewhere. Member States should share the burden of prosecution with the ICTR by accepting cases on referral or by helping to build capacity in those States that are willing, in order to enable them to accept cases. These challenges can be effectively handled only with the fullest State support and cooperation. We continue to make appeals to that end.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Such assistance has been crucial in enabling us to access crucial but hitherto unavailable evidence on the role played by those in power at that time in Rwanda in planning and implementing the genocide. I should like to record our appreciation to those countries for their support in this respect. At the ICTR, we remain confident of our ability to complete the trials as well as the appeals of all those persons who are currently in our custody within the completion strategy deadlines. Our commitment to the strategy deadlines remains constant, but meeting those deadlines depends on the continued provision of the necessary resources and on the continued support of Member States.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“I have had assurances from the Kenyan authorities of their full cooperation and commitment with respect to the arrest and transfer of Felicien Kabuga. Nonetheless, according to our intelligence, he remains in Kenya. The Government of Kenya should therefore be encouraged to make more intensive efforts to track, arrest and hand over F elicien Kabuga to the ICTR, as well as to track and seize all his known assets in Kenya. With regard to the other fugitives, the tracking team will continue to intensify its efforts, and, with the requisite cooperation from States, we anticipate more arrests in 2006. My office has had significant assistance from certain Member States in the past six months in the matter of relocation and protection of witnesses as well as of family members of high-level insider witnesses.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“The intelligence available to my Office since then has confirmed that, at least since January 2005, Felicien Kabuga has been residing in Kenya and carrying on business there as well. His presence at various locations in the country has been confirmed by our tracking team and by other sources. As a matter of fact, efforts to arrest him on the outskirts of Nairobi in June 2005 failed because the operation appeared to have been compromised by leaks. Our investigators have shared their information and intelligence with the law enforcement authorities of Kenya. I have travelled to Nairobi twice - in February and September 2005 - and held meetings with senior Government officials, during which I briefed them fully on the situation.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“He has been indicted for his role in the creation, funding and management of the RTLM "hate" radio, and in the funding, arming and provision of logistical support to the interahamwe for the declared purpose of extermination of the Tutsis and moderate Hutus. It should be recalled that, by operative paragraph 3 of its resolution 1503 (2003) of 28 August 2003, the Security Council called on all States, especially Kenya, among others, "to intensify cooperation with and render all necessary assistance to the ICTR, including efforts to bring Felicien Kabuga and all other such indictees to the ICTR". That call by the Council was undoubtedly based on the close connections that Kabuga had had with Kenya since 2002, when he was reported to be residing in that country. It will be recalled that efforts to arrest him in that country in 2002 failed.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Michel Bagaragaza, a former director of the National Tea Industry and a member of the shadowy Akazu power group behind the former Government, and Callixte Kalimanzira, the former Acting Minister of the Interior during the genocide, also surrendered to, and were taken into custody by, the Tribunal following their location by my Office's tracking team. The tracking and apprehension of fugitives nonetheless continues to be a major challenge for the ICTR. There are now 19 indictees at large, many of whom, according to our sources, continue to hide in inaccessible areas of the Democratic Republic of the Congo. Among those still at large is Felicien Kabuga, a businessman who devoted his considerable resources to funding the genocide.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Efforts should be deployed urgently to ensure that all the legislative and other obstacles to the referral of cases to Rwanda are removed in order to enable that policy be implemented early in the coming year. A reinvigorated tracking programme has yielded dividends in the last six months. Of the eight new indictees, three have been arrested and are now in the custody of the Tribunal. Joseph Serugendo, former technical director and founding member of the notorious Radio Television Libre des Mille Collines (RTLM), was arrested in Gabon with the assistance of the Gabonese law enforcement authorities. I would like to place on record our appreciation to the Government of the Republic of Gabon for its strong collaboration with the Tribunal in the apprehension and transfer of this fugitive.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“I have also been reassured that Rwanda remains ready to receive cases of indictees on transfer from the ICTR under rule 11 bis and that it will be taking the necessary measures relating to guarantees of fair trial procedures and the abolition of the death penalty in order to clear the way for this process to begin. In addition to taking these measures, of course, Rwanda would require substantial resources to help develop the capacity of its legal system effectively to prosecute such cases. My consultations with European Union representatives in Kigali, Rwanda, as well as with representatives of other countries, indicate a commitment from them to assist Rwanda in that respect. That is very welcome.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“The referral of indictees under rule 11 bis of the rules is based on the order of a Trial Chamber to a State that is able and willing to take on the cases with guarantees of a fair trial and of the non-application of the death penalty. The success of that strategy therefore depends essentially on State cooperation. My Office has not been able so far to submit any applications under rule 11 bis for transfer of indictees, as we had hoped this year, as no State is as yet both able and willing to take these cases. We continue to await responses from two European countries to which I have sent requests for consent to prosecute a number of cases falling within that category.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“The 30 files form part of the total of at least 45 files that I will seek to refer to national jurisdictions either under rule 11 bis relating to indictees or by handing over dossiers to national prosecution authorities in relation to non-indictees. I have also referred two cases to a European jurisdiction which has agreed to consider the targets for prosecution. This is in addition to one case which has already been referred to a European jurisdiction and whose prosecution has commenced. Three other case files are under review for referral to other national jurisdictions. The cases which now remain for transfer relate to persons who have been indicted, five of whom are in custody and eight of whom are at large. Those figures may change in due course.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“On Wednesday 7 December, he appeared before the Trial Chamber, which accepted the guilty plea agreement. That brings to two the number of guilty pleas concluded in the course of this year. Negotiations are in progress with several other accused persons, and I remain optimistic that some other guilty plea accords will be concluded shortly. Soon after the most recent report to the Council in June this year, I handed over 10 case files to the Rwandan Prosecutor General to consider prosecuting before the Rwandan courts. At the end of November - just last month - I handed over an additional five files to the Prosecutor General. This brings the number of cases that I have now handed over to Rwanda to 30 case files. They are files of targets who had been under investigation but who have not been indicted or arrested.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Following the conclusion of new investigations at the end of 2004, the strength of the investigation division in Kigali will be reduced considerably in the context of the 2006-2007 budgets and again in 2008. As I reported to the Council in June, it is necessary to retain some capacity in the division, although in declining numbers up to closure in 2010, to meet the needs of trial support, appeal support and the tracking of fugitives, as well as witness and confidential sources management. The negotiation of guilty pleas with accused persons remains an important element of the completion strategy. Since the last report to the Council, my Office has successfully negotiated a guilty plea with Paul Bisengimana, former bourgmestre of Gikoro.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Such case preparation will continue to be a major activity of my Office. At present, our focus is to ensure in this respect that the cases of six more accused are ready to commence trial in 2006, subject to readiness of the defence and the availability of courtroom space. The ongoing trials are proceeding satisfactorily, and, barring unforeseen delays which may arise, we expect hearings of the major multi-accused cases of at least the Military 1, Government 11 and Butare cases - which involve the prosecution of, respectively, four, four and six accused - to be concluded by the end of 2006. Their conclusion should leave considerable room for the remaining cases to be dealt with and concluded by 2008.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“In addition to those areas, the allegations made against the Rwandan Patriotic Front (RPF) have also been under consideration. Following the evaluation of the results of earlier investigations, it has become necessary to carry out additional inquiries into the allegations. Those inquiries are already in progress. I have also been holding discussions with representatives of the Rwandan Government concerning the options that are available for the prosecution of any such cases which may arise as a result of such further inquiries. In the past six months, substantial efforts have been deployed by the staff of the Office of the Prosecutor to ensure the trial readiness of the remaining cases. This has resulted in increased missions by staff to locate and reconfirm witness availability.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“During that period, we were able to commence new trials, conclude the prosecution of some cases after full trial or on a negotiated guilty plea, apprehend some indictees and register steady progress in the ongoing trials of what is now the largest number of accused ever to be put on trial simultaneously at the ICTR. Six months ago, I informed the Security Council that the focus of the Office of the Prosecutor in the coming months would be to ensure that the ongoing cases proceeded efficiently, to prepare the cases of the remaining detainees to ensure their trial readiness, to undertake the effective tracking and arrest of the indicted fugitives and to commence referral proceedings under rule 11 bis of the ICTR rules of procedure and evidence in respect of indictees to national jurisdictions for prosecution. That focus remains the same.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Mr. Jallow: I am deeply honoured to have been given this opportunity to report once again to the Security Council on the progress of the implementation of the completion strategy of the International Criminal Tribunal for Rwanda (ICTR). Since our last report to the Council, in June 2005, a number of significant developments have occurred in the implementation of the completion strategy. Those have been set out in the revised completion strategy document which His Honour Judge Erik Mose, President of the ICTR, submitted to the Security Council on 5 December 2005 following consultations with the Office of the Prosecutor and the Registry. Those developments were also highlighted in his address today to the Council.”
2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source
“Here, again, I would like to appeal to the Council and, through the Council, to Member States to consider such requests with the understanding that they are important to the integrity of the process. If witnesses and their families are not protected, some of them may not come forward to testify, and that would affect the outcome of the process itself. Those are the few issues on which I wanted to comment. I would like to thank all the members of the Council for their support.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Beyond prosecution, of course, it is important that there be an effective witness protection system in the Tribunal. Judge Mose explained to the Council the measures that the Trial Chambers can order. But that also be an effective system of protecting them in the countries where they reside. In this case, most of them reside in Rwanda. There needs to be a system there to protect them before and after they have given evidence. We also need to look at the possibility of relocating witnesses to third countries. It may difficult to protect some of them in their countries of residence, so there is always the need to consider the possibility of relocation. My Office has made a number of requests to certain countries to accept the relocation of witnesses and/or their families for security reasons.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The efficiency of the Tribunal and the integrity of its proceedings depend on the free flow of witnesses who come forward to give their evidence without interference or intimidation. Therefore, it is very important that there be an effective system of witness protection. We have been receiving complaints in the Tribunal concerning alleged interference with witnesses and alleged intimidation of witnesses not just of the prosecution, but also of the defence. Some of those complaints are currently being investigated by my Office. I can assure the Council that if the case is established, the rules allow the prosecution of such people, and we will make sure that we take the necessary steps to protect the integrity of the process.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“That could give rise to a situation in which our transferees would have the benefit of not being subjected to the death penalty, whereas perhaps locals who have been prosecuted in the national system might be subjected to the death penalty. But that is the situation as it exists. If we want to effect any transfers, we must get the States concerned to make an exception for our prisoners. That would not be an unusual arrangement, since States make that sort of exception in extradition arrangements between themselves. A State that does not recognize the death penalty often extradites a prisoner to another State that recognizes the death penalty, subject to its not being imposed on the prisoner. So it would not be a very unusual arrangement. With regard to witness protection, it is a very important issue.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I very much welcome the statement made by our friend the Deputy Prosecutor-General of Rwanda that legislative measures will soon be taken in that respect. Once they are in place, I should be able to consider making applications to the Trial Chambers with regard to transfers of people who have already been indicted. Then it will be up to the Trial Chamber to make a final decision as to whether or not such transfers will be effected. Regarding the issue of double standards in relation to the death penalty, the United Nations does not, of course, accept the death penalty, as a matter of respect for fundamental human rights, so the Tribunal cannot effect any transfer to a jurisdiction where there is a risk that the person in question will be exposed to the death penalty.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“But we rely essentially on State cooperation, and I believe it would be good if the Council could reiterate that States must live up to their responsibilities to help the two Tribunals effect the arrests of these fugitives when they are located. For our part, if we discover any shortcomings in the discharge of those obligations, we will not hesitate to bring it to the attention of the Council for its support. Regarding transfers, in addition to what Judge Mose explained, all I would like to say is that we have indicated that certain legislative and administrative measures need to be taken, particularly in the case of Rwanda, in order to comply with certain standards for fair trial and in relation to the death penalty.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“However, I am optimistic that, with our new strategy of enhancing the Unit's capacity and securing the commitment of the political and law enforcement authorities in the countries concerned, there is a good chance that we can make some good progress in this area this year. Sometimes it is not just a matter of cooperation by States. For example, sometimes fugitives are very difficult to locate. We are aware that a number of them are in the Democratic Republic of the Congo in areas that remain inaccessible even to the authorities themselves, so it is not just a matter of securing State cooperation. In the case of the Democratic Republic of the Congo, our intelligence occasionally tells us that a number of them are located in the eastern part of the country, which is apparently beyond the control of the authorities themselves.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Kabuga, of course, continues to be a number- one priority on the list of fugitives for the ICT R; he is our top priority and the most senior person among all the fugitives. We continue to make every possible effort to look for him and for the others. Of course, there are many challenges in tracking these fugitives. We have a Tracking Unit, which tries to gather information and intelligence on their whereabouts and their movements. The Unit itself is not responsible for arrests; it works with national police authorities, providing them with information so that arrests can be effected. There are challenges in gathering the information and in locating the people, and there is a need for the fullest support from national law enforcement authorities and national political authorities if we are to make progress on these arrests.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Mr. Jallow: I, too, should like to state that we are greatly encouraged by the support and appreciation of all Council members for our work in the International Criminal Tribunal for Rwanda (ICTR) and in the International Criminal Tribunal for the Former Yugoslavia (ICTY). Members' comments will serve as a further source of encouragement for us in Arusha. There are three issues, raised by many representatives, that I would just like to comment on briefly. First, there is the question of the prospects for the arrest of fugitives; then there is the issue of transfers of cases to national jurisdictions for prosecution; and finally, there are concerns relating to witness protection. Mr.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The international community should now fulfil those expectations of eligible and willing States so that the strategy of transfer of cases can become a reality. Relations between Rwanda and the Office of the Prosecutor and the Tribunal as a whole continue to be very good, with support in the facilitation of access to witnesses and evidence. I would like to seize this opportunity to thank the Security Council, through you, Sir, the Member States and the members of the Secretariat, who all continue to actively support the Tribunal towards the successful implementation and completion of its mandate.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Rwanda, as the State with the primary jurisdiction over those genocide cases and the one, as I said, demonstrating so far the greatest interest in referrals, has indicated that it will require resources to enhance the capacity of its legal and penitentiary system to handle such cases. In resolution 1503 (2003), the Security Council, noting in the tenth preambular paragraph that the "strengthening of national judicial systems is crucially important to the rule of law in general and to the implementation of the ICTY and ICTR Completion Strategies in particular", called in paragraph 1 on "the international community to assist national jurisdictions, as part of the completion strategy, in improving their capacity to prosecute cases transferred from the ICTY and the ICTR".”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“All the three organs of the Tribunal, under the leadership of the Coordination Council and its President, Judge Erik Mose, are determined to reach that goal. In that respect, we look forward to a very sympathetic consideration of our budget proposals for the biennium 2006-2007, which bear on the provision of the necessary resources for completion. However, we continue to emphasize the need for the fullest international support and cooperation, particularly in respect of the tracking and apprehension of the 14 fugitives who are at large, as well as cooperation in the referral of cases and the relocation and protection of witnesses whose testimony has been crucial to the success of the Tribunal but who often face continuing threats to themselves and their families because of their courage in coming forward to testify.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I propose in the next few months to submit referral applications to the Trial Chambers in respect of some of the remaining 13 indictees. In the event that for any reason - whether due to the reluctance of States to accept the cases or because of an inability to secure referral orders from the Trial Chambers - the transfer of cases becomes impossible, those 13 cases will have to be prosecuted at the Tribunal. That would be an additional workload that will also have to be accomplished by the deadline of the end of 2008. We remain firmly committed to the completion strategy and optimistic that, with the continued provision of the necessary resources, the deadlines for the conclusion of trials at first instance by end of 2008 and the conclusion of appeals by the end of 2010 can be met. We shall continue to strive relentlessly to that end.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“In my discussions with the Rwandan authorities, I have pointed out to them the measures that need to be taken by them in respect of guaranteeing fair trials and the exclusion of the death penalty as a precondition for any applications to be made by the Prosecutor to the Trial Chambers. I await such measures. Three European countries have also in principle expressed an interest in taking on some of our cases. Six such cases are respectively under consideration by those jurisdictions, and I expect a decision shortly from the authorities as to whether they will accept those cases. One case file that was transferred by my Office in 2004 has already resulted in the indictment and arrest of an accused person in one of the European jurisdictions. His trial is expected to commence shortly.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“A substantial number of the remaining cases for referral relate to indicted persons who are either at large or in custody in the United Nations detention facility in Arusha. The referral of such cases to a national jurisdiction will, upon application by the Prosecutor, be decided by the Trial Chambers. All referrals of indicted persons will be based on whether the accused will have the benefit of a fair trial and whether the accused will not be subject to the death penalty in the country of referral. As I reported to the Council in November 2004, not many countries have demonstrated willingness to take on cases from the Tribunal or an interest in doing so. Rwanda continues to be the country that is primarily interested.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The implementation of the strategy of referring cases to national jurisdictions, endorsed by the Security Council in resolution 1503 (2003), began in February of this year, when I handed over 15 files to the Prosecutor General of Rwanda. Those files relate to accused persons who had been under investigation but in respect of whom no indictments will be filed at the Tribunal. I propose to hand over an additional 10 files to the Rwandan authorities shortly. All of these form part of the 41 cases that, under the completion strategy, had been earmarked for transfer by referral or by the handing over of files to national jurisdictions. With the eight new indictments, that total will now rise to 45 cases.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“I received assurances of cooperation with the ICTR in all the countries concerned. Each of those five countries has agreed to establish a joint mechanism with the Prosecutor's Tracking Team through which they can collaborate in tracking and apprehending fugitives. The creation of those joint mechanisms is in progress. I have also had the opportunity to hold useful discussions with the United Nations Organization Mission in the Democratic Republic of the Congo as well as with the African Union on modalities for collaboration in that respect, particularly relating to fugitives in the Democratic Republic of the Congo.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The tracking and apprehension of the 14 fugitives continues to rank as a very high priority. The organization and strategies of the Tracking Unit have been the subject of review, as a result of which three measures have been taken. The capacity of the Unit has been increased with additional staff. The Unit has also now adopted a strategy of ensuring greater physical presence of its members in the field rather than at headquarters in Arusha and Kigali. Contact with political and law enforcement authorities has been initiated and maintained with the countries in which the fugitives are suspected to be taking refuge. I myself undertook missions earlier this year to five such African countries, where I was able to engage in high- level consultations with the political leadership.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“All the steps necessary to ensure trial readiness will be taken so that some of the cases can commence when judicial time and space in the Trial Chambers is available. For the remainder of 2005, the Office of the Prosecutor is ready to commence trials in respect of cases against five accused persons, three of whom - Zigiranyirazo, Mpambara and Bikindi - have already been scheduled for trial this year. As I said, the ensuing year is therefore anticipated to be the busiest in the life of the Tribunal, with the largest number of accused ever on trial. But I believe we have adequate capacity at the Office of the Prosecutor to handle that workload with the lifting of the freeze on recruitment and with appropriate redeployment of staff from the Kigali office.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Suffice it to say that at the moment there are 25 accused on trial, which is the highest number that we have ever had in the Tribunal, and that that level is expected to continue until 2006 before it declines. I also wish to bring to the Council's attention the fact that the Prosecutor's Office negotiated and concluded a guilty plea agreement with one of the accused, Rutaganira; that was the first such agreement in many years, and it led to his conviction. We remain open to such negotiations for guilty pleas. As a matter of fact, discussions are ongoing in respect of other cases. My Office also proposes to ensure that the cases of the remaining detainees and other indictees are ready for trial by early next year.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The focus of our prosecution work in the months that lie ahead will be the courtroom prosecution of the cases of the 25 accused who are currently on trial and the preparation of the cases of the 16 remaining detainees and the final group of persons indicted for genocide, in order to ensure their trial readiness; the implementation of a more effective tracking and apprehension strategy for fugitives; and the commencement of referral proceedings in respect of indictees to national jurisdictions for prosecution. The President of the Tribunal has just briefed the Security Council on the progress in the cases since our last report, in November 2004. I therefore do not wish to repeat the details of the progress in those cases.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“The conclusion of the investigations will lead to a progressive downsizing of the strength of the Prosecutor's Investigations Division in Kigali and to a redeployment of personnel from that Office to other organs of the Tribunal, in order to reinforce their capacity. However, some investigative capacity will need to be, and will continue to be, retained at the Kigali Office, albeit in declining numbers, until 2010, in order to provide for trial preparation, trial support, appeal support, the tracking and apprehension of fugitives and the management of informants and sensitive witnesses.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“We have furthermore concluded the evaluation of the evidence available on those cases. I have, based on the evidence and on the law, determined that indictments should be filed in respect of eight of the accused persons who had been under investigation. Accordingly, the indictments were filed by last week for confirmation, ahead of the original deadline, which had been the end of October 2005. The remaining eight files have been closed for lack of prima facie evidence to support any charges. However, I must point out that the conclusion of investigations and the filing of those indictments relate only to charges of genocide, and do not include the allegations against the Rwandan Patriotic Front. Work continues in respect of those allegations.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“Mr. Jallow: I am pleased to join Judge Erik Mose, President of the International Criminal Tribunal for Rwanda (ICTR), in reporting progress at the ICTR in the implementation of the completion strategy. The Council has before it a revised completion strategy document, as at 23 May 2005. The focus and the strategies of completion remain the same. As time unfolds, however, the statistics and details will continue to be adjusted accordingly. The end of 2004 marked a significant stage in the implementation of the completion strategy. In accordance with the terms of the strategy endorsed by the Security Council in its resolution 1503 (2003) of 27 August 2003, we were able to conclude all the remaining investigations into the genocide by 31 December 2004. Before then, 16 targets had been under investigation.”
2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source
“We have a number of Rwandan staff in the Office of the Prosecutor and in other branches of the Tribunal. This staff will be able to return to Rwanda and help there with the handling of the cases. We have also indicated that we are willing to take, on secondment, their own prosecutorial staff in my Office over a period of time and then release them to subsequently assist with the handling of these cases. That is the situation at the moment. Once the Rwandan side has attended to these measures, we should then be able to proceed to make the necessary applications in early 2005 for the Trial Chambers to decide on the question of transfer. I believe these were the two issues that were raised specifically for my attention. I would like to express my gratitude for your support and cooperation, Mr.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“We need to have an appropriate legal regime that will guarantee a fair trial and will also cover the offences that are within the jurisdiction of the Tribunal. We also need to have legislation in place that will exclude the application of the death penalty to any of those persons, if they were to be convicted after transfer. I believe those issues are receiving the close attention of the Government of Rwanda at the moment. As the President has indicated, we believe the issue of the death penalty should no longer pose a problem. There has been an indication that it would be excluded in relation to these cases. The Tribunal itself, of course, cannot provide resources to any country that wishes to take these cases through transfer. We do not have the resources. What we can provide, however, is training for their staff.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source