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

“First, it is the place where the offences were committed, and secondly, it is not proving easy to find other candidate countries that are willing to accept these cases or that are able to accept them without additional resources being provided. Resources may have to be provided even in the case of Rwanda, particularly with regard to the establishment of a court that will handle the cases when they are transferred. I have already initiated discussions with Rwandan authorities and indicated to them what measures need to be taken on the ground in Rwanda in order to enable the Prosecutor to submit an application to the Trial Chambers for an order for transfer. Among the measures, of course, is the fact that we need to have a court in place in Rwanda that is effective and operational and that can handle the cases.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“On the issue of the transfers, the assumption by the Ambassador of the United Kingdom is quite accurate, that out of the 41 persons or dossiers that are earmarked for possible transfer to national jurisdiction, the bulk would be directed to Rwanda, subject to the conditions being satisfied for a transfer to be effected by the Trial Chamber. Under the rules, the Trial Chamber will make an order for transfer only if it is satisfied that the person will have the benefit of a fair trial in the country concerned and would not be subject to greater penalty than he would have been subjected to if he had been tried at the Tribunal. This means, for instance, that the death penalty would be a bar to any possible transfer. The bulk of the transfers are identified for Rwanda, largely for two reasons.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“At this stage, as I mentioned to counsellors at the last meeting, we are not conducting any more investigations, but we have started a process of assessing what material has been gathered over the years in order for me to be able to determine what cases exist - and against whom - with regard to those particular allegations of Rwandese Patriotic Front (RPF) involvement. I have indicated to the Rwanda authorities themselves that I am assessing the material at the moment and will get back to them to advise them of the outcome of my assessment in due course. This will hopefully take place early in the year. That is the situation as far as the RPF is concerned.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Mr. Jallow: I would also like to thank the President and the members of the Council for their support for the Tribunals. I too have been heartened by the responses we have heard concerning some of the specific issues and difficulties we have raised. I would like to respond to two issues that have been raised. I would first like to address the issue of the investigations into the Rwandese Patriotic Front (RPF), which was raised by the representatives of Romania, France and the United States. We are deeply aware of the fact that the investigation of those allegations falls within our mandate and our duty at the Tribunal. We are also conscious that the Security Council is currently concerned about this particular issue. Investigations have been conducted over a period of many years.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“With a considerably low capacity the Office of the Prosecutor will be hard put to prepare new cases, continue ongoing trials and deal with the new and increased appeals workload at the same time that it undertakes the programme of transferring cases. I would like to take this opportunity to thank the Security Council and the Secretary-General and his Office for their continued support for the ICTR in general, and for the Office of the Prosecutor in particular.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“There are currently 21 vacant posts in the Investigations Division in Kigali, as well as four vacant posts in the Legal Advisory Section. The Section, which is responsible for the drafting of indictments, is now almost non-existent at a time when, by the conclusion of investigations at the end of 2004, the Office of the Prosecutor is to turn its attention to evaluating the results of investigations and preparing new indictments through the Unit. The filling of all those positions is crucial and absolutely necessary for us to meet the challenge of proper completion. Those positions are directly concerned with the critical and core function of prosecution. A way must be found to lift the recruitment freeze if we are to avoid putting the completion strategy at risk.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Likewise, the new Appeals Unit, which was established pursuant to the same Council resolution that created that Office, is below full capacity - in fact, it is at about half its budgeted strength due to the freeze - at a time when its workload is increasing, and will continue to increase as more trials are completed and more appeals are lodged. In the Prosecutions Section, the interruption of recruitment has left 17 vacancies, comprising the posts of senior trial attorney, trial attorney, senior legal adviser, legal adviser, legal researcher and case manager. Recent developments have added the post of chief of prosecutions to the list of vacancies, which is therefore subject to the freeze on replacement.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“While 2004 has registered some progress in the preparation and trial of cases, it will be a great challenge to sustain this progress and deal with the anticipated increased workload while continuing to suffer the consequences of the recruitment freeze and resource constraints. The freeze on recruitment has hit the Office of the Prosecutor particularly hard. Although the Security Council created a separate Office of the Prosecutor for the ICTR last year, the recruitment of the staff for the Office has been interrupted by the freeze. Only half of the complement of six support staff are in place.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The year 2005 will pose a real challenge. During that year we expect to have the highest number ever on trial simultaneously at the Tribunal. I do not expect the peak to decline before 2006. The number of appeals cases, currently standing at 14 persons, is expected to rise considerably with the conclusion of each new trial, as every decision in respect of each accused will - based on experience - lead to one or perhaps two appeals. It is anticipated that in 2005 the Office of the Prosecutor may have to deal with as many as 30 appeals. Intense work will continue on the preparation of cases for trial and for transfer.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Meanwhile, we believe that it is necessary for the Council to exhort Member States to live up to their legal obligations in this respect and to comply with Security Council resolution 1503 (2003) in arresting indicted fugitives in their territory and transferring them to the Tribunal for prosecution. We remain committed to the implementation of the completion strategy and see no need for any further revision of it. In many respects, as I indicated at the beginning, we are on schedule. But in my previous briefing, I did alert the Council to the potentially adverse impact of the recruitment freeze on the success of the completion strategy. I said then that the trials cannot proceed optimally unless adequate resources are provided for the core activity of the Tribunal - that is, prosecution - to be carried out effectively.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“The apprehension and transfer of indicted fugitives also continues to be fraught with difficulties. Ephrem Setako, who was arrested earlier this year in the Netherlands, was finally transferred to the Tribunal a week ago. Fourteen other indicted persons remain at large. The level of international support by States in which such persons reside has fallen below what is required for a successful arrest programme. The bulk of our fugitives continue to be based in the Democratic Republic of the Congo. Several attempts by the Tribunal to have a dialogue with the Government of the Democratic Republic of the Congo on this matter have elicited no response, save for the isolated case of Yusuf Munyakazi, who was surrendered earlier this year. We shall nonetheless continue our efforts and report back to the Council on the situation.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“In addition, the trial of four other accused should be ready to commence de novo by January 2005 in the Government 1 case, in accordance with the recent decision of the Joint Appeals Chamber of the two Tribunals. I have initiated discussions with Rwanda and other States on prospects for the transfer of cases to those States. Those discussions are ongoing. At the same time, the Office of the Prosecutor is preparing the case files that have been identified for transfer. We propose to make the necessary applications to the Trial Chambers in early 2005 for orders for transfer of those cases. Nevertheless, I must caution that, apart from Rwanda, it is not proving easy to find States which are ready, able and willing to take on cases for prosecution from the Tribunal. Our options in the choice of States are considerably limited.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“We expect, however, to close our case in the Seromba trial by the end of February 2005. As the President of the Tribunal has indicated, my Office remains committed to the deadline for concluding investigations into any new indictments by the end of 2004 and the filing of any new indictments which may arise by the last quarter of 2005, as we advised the Security Council at our previous meeting. The Office of the Prosecutor is also preparing for trial the cases of the remaining detainees, who now number 18. In that connection, we propose to be ready to commence new trials in respect of at least eight of those detainees during 2005, in accordance with the new indictment policy of single-accused cases.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“We expect to close the prosecution phase in the Government II trial of four accused persons by June 2005. The multiple-accused trials present a considerable challenge to the completion strategy because of their complexity and the logistics involved in keeping them going. With the conclusion of the prosecution case in the Government 1] trial in June 2005, the challenge posed by this category of cases will have been considerably reduced. As projected, the prosecution opened its case in respect of six more accused during the second half of 2004 with the Military H case and the single-accused Simba and single-accused Seromba cases. I am pleased to report that we have already closed the prosecution phase in the Simba case and would have done so in the Seromba case but for the defence request for adjournment.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Mr. Jallow: Some five months ago, in my last report to the Security Council, I projected that the prosecution expected to close its case in the trial of 10 accused persons before the end of the year and of four others early in 2005. I reported that we were ready to commence the trial of six other accused before the end of 2005, to conclude our investigations into new targets by the end of 2004 and to determine new indictments, if any, by October of 2005, and that consultations with Rwanda and other countries on the transfer of cases to national jurisdictions for trial would be initiated. I am happy to report progress in those matters. Since that report, the prosecution has closed its case in the Military 1 trial and in the Butare trial, totalling 10 accused persons. The defence case is expected to commence in January 2005.”
2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source
“Inquiries are now under way to determine fully all the circumstances that led to that situation. With those remarks, Mr. President, I would like again to thank you and the other members of the Council for your support and your encouragement.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“Nonetheless, one must say that communications with the Government of the Democratic Republic of the Congo have been a little bit difficult. We have had to resort to intermediaries. Even in the case I mentioned, of Yusuf Munyakazi, transfer was made possible largely by the intervention of an intermediary. So perhaps a more prompt and direct response from the Government of the Democratic Republic of the Congo would facilitate matters for us in this regard. Finally, I have noted the issue of the prison incident in Mali, which was raised by the representative of Rwanda. The situation he described there is, of course, a deviation from the normal regime for persons who have been convicted and are now serving their sentences. But what happened there did not occur with the knowledge, the authority or the approval of the ICTR.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“We could provide help in terms of capacity-building and training: taking in officers from national jurisdictions on attachment to us, training them and giving them the necessary experience. Individual countries wishing to take on cases would have to draw up lists of their requirements and approach the United Nations or approach other countries on a bilateral basis, with the support of the Tribunal, and try to obtain such assistance. The issue of the Democratic Republic of the Congo was raised. Many of our indictees, as I said, are within that jurisdiction. A combination of factors has made it difficult to reach them so far, the primary one, I believe, being the problem of accessibility to the particular area of the country in which they are located.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“Already, the completion strategy has resulted in a situation where we are letting off quite a number of people who would otherwise have faced prosecution. The difficulty of completing all those cases has made us focus on a specific category. If we find that we cannot even transfer those to national jurisdictions for prosecution, then the Security Council and the broader United Nations, together with the Tribunals, will have to look at another option that will ensure that impunity does not prevail. Some of the countries in question would require material support. That would not be the responsibility of the Tribunals, because we would not be in a position to provide it.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“That is a very encouraging sign that they are living up to their international responsibility to assist with the prosecution of these cases. In terms of the timeline, at the Office of the Prosecutor we are starting work on these transfers as from now. Our expectation is that perhaps by the middle of next year we will have finished work on all the files that we want to transfer to national jurisdictions. The representative of Pakistan has asked what happens if we cannot transfer these cases? I have said that I would come back to the Security Council and advise the Council of the situation. I cannot tell at present what options we would need to look when we come to that stage. I think, essentially, that we need to be guided by the principle that we should not let impunity prevail.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“It is important to note that element. In the case of the International Criminal Tribunal for Rwanda (ICT R), of course, the primary destination for the transfers would be Rwanda, because that is where the offences occurred. This would be subject to their fulfilling all the conditions to ensure a fair trial, the issue of penalty having been resolved. There are also other countries where some fugitives are resident. If such countries are willing and able to take up the prosecutions, we would encourage them to do so. There is a third category of States, in Africa particularly, where there are no fugitives resident and where offences were not committed, but which nonetheless have indicated, in principle, their desire to take on some transfer cases.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“We are working on the conditions: as I indicated, we are now drafting an agreement which spells out all the conditions which, in our View, make for a fair trial, based on the Statute's provisions and on other international instruments in force. In that respect, I would like to confirm that the Rwandan Government has indicated to us that they would be ready to take the necessary measures to waive the death penalty with regard to all transferees. An important element of transfers is the fact that the Tribunal always retains primacy over these cases, so when we transfer the cases we have to put in place a monitoring mechanism to ensure that the standards of a fair trial are being observed. We retain the right to take the cases back to the Tribunal if we are not satisfied that the standards are being observed.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“Mr. Jallow: I thank you, Mr. President, and the other members of the Council for your support. A few issues have been raised which fall within my area; these focus mainly on the question of the transfer of cases. I base my response essentially on the explanations made by Judge Mose and by the President of the International Criminal Tribunal for the Former Yugoslavia, who explained the process of and conditions for transfer. Essentially, we will not transfer any person for trial by a national jurisdiction unless both the Prosecutor and the Trial Chamber authorizing the transfer are satisfied that the person will stand fair trial in the jurisdiction to which he is being taken, and also that he will not suffer a greater penalty than he would otherwise have been exposed to at the Tribunal itself.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source
“Beyond that, however, we will continue to require assistance in respect of the tracking and apprehension of suspects and accused persons, in the acceptance by States of cases for prosecution within their national jurisdictions and in the relocation and protection of witnesses who face grave security risks as a result of their collaboration with the Tribunal. Above all, we require support in the provision by States of the tools - that is, the resources, both human and material - that are so necessary for the Tribunal to finish its task properly and on time.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“The state and level of cooperation with Rwanda generally, and with particular reference to the availability of witnesses and other evidence, continues to be satisfactory. I have been going frequently to Rwanda for consultations with Government officials and with non-governmental organizations, such as victims and survivors associations, and to oversee the Investigations Division in Kigali. The Deputy Prosecutor and some other senior prosecuting staff have similarly been Visiting the office in Kigali. Also, a mechanism has been put in place for liaison between the Office of the Prosecutor and the Government of Rwanda in relation to all requests for cooperation and assistance. It seems to be working fairly well.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“It is necessary for the progress of the trials that there be no interruption in the recruitment of such staff in the Office of the Prosecutor. Budgetary constraints are now also impeding the deployment of missions of trial attorneys and investigators to support the ongoing trials and to prepare new cases. All our plans and benchmarks are premised on having in place a full complement of prosecuting staff in the Office of the Prosecutor with adequate budgetary support to cover activities such as the fielding of missions, the hiring of consultants and experts, et cetera. In the absence of such capacity and support, the attainment of the benchmarks of the completion strategy will be in great jeopardy. The discharge of the Tribunal's mandate depends to a large extent on the level of international cooperation it receives.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“The issue of resources - particularly manpower and equipment - is crucial to a successful and proper completion of our mandate. Although the General Assembly has urged that the Tribunals should be provided with the resources necessary to conclude their mandates effectively within the completion strategy time frame, there has been a freeze on new recruitment, with approval being sought on a case-by-case basis, as a result of delays in the payment of contributions by Member States. It goes without saying that trials cannot proceed optimally unless there is adequate manpower to carry out the core activity of the Tribunal: the prosecution of cases. That includes prosecuting attorneys, appeals attorneys and staff in the immediate Office of the Prosecutor.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“The preparation of new cases for trial from 2005 onwards will require investigative support in the selection and proofing of witnesses, to be undertaken in conjunction with the trial teams; trials that are in progress require investigative support in response to unforeseeable courtroom demands and the need to investigate specific defences, such as alibis, which are raised by the defence or to ascertain the antecedents of defence witnesses, the particulars of whom are disclosed only at the close of the case for the prosecution; circumstances may require the production of or a response to fresh evidence introduced at the appeal stage; et cetera: all those factors confirm that some level of investigative support of varying degrees will need to be retained at the Tribunal until its closure in 2010.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“Although investigations into new indictments are to be completed by the end of 2004 - and we are committed to that deadline - it is necessary for me to state that the Tribunal will require investigators in ever-declining numbers until the conclusion of appeals in 2010. The Investigation Section is not expected to close down at the end of 2004; it was in any case already under-resourced, with many vacancies in its establishment. Already, the Section has been hit by a number of departures of some experienced staff: in anticipation of the completion deadlines, they have departed to other opportunities which are perceived to offer greater security. From 2005, the Section will be concentrating on non-conventional investigations.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“With the anticipated increase in the number of accused standing trial in the years ahead, it is imperative that the capacity of the Office of the Prosecutor - particularly with regard to recruiting prosecuting staff - be improved significantly. Our efforts have been concentrating on the recruitment of staff with demonstrated practical experience in criminal prosecution. The policy of recruitment is being aggressively implemented, with many of the posts in the immediate Office of the Prosecutor and in the Prosecution Section having been filled. Many others, however, remain to be recruited.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“Of the 12 positions provided for the Appeals Unit of the Office of the Prosecutor, six have been filled so far, with the recruitment of a Senior Appeals Counsel as head of the Unit. The recruitment of six others is at an advanced stage. However, the workload of the Unit - and necessarily of the Appeals Chamber itself - will be building up significantly as more cases come down the line for trial or are concluded at trial. Hence, the capacity of the Appeals Unit of the Office of the Prosecutor will need to be enhanced beyond the current level to deal effectively with that increased workload. We expect to do so through a process of staff redeployment, initially from the Investigation Section in 2005 and subsequently from the Prosecution Section as the number of cases on trial begins to decline, perhaps by 2006.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“Over and above that, the Tribunal requires the collaboration of the States in which the fugitives are located in order to effect their apprehension. Without such cooperation, the tracking programme will be at great risk. I propose to hold consultations later in the year with a number of Governments within whose territories some of the fugitives are residing, according to our indications. As a consequence of the creation of a separate Office of Prosecutor for the ICTR by the Security Council in 2003, we have had to develop our own Appeals Unit, since the one that had previously served the two Tribunals has been split. The two Tribunals, however, continue to share a common Appeals Chamber.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“We will continue to be relentless in our pursuit of the accused persons, wherever they may be, with the intention of their apprehension and their transfer to the Tribunal or to a national jurisdiction for prosecution. To let them escape would be to encourage impunity to prevail; neither the Tribunal nor the international community can afford to do so. To that end, it is crucial that the Tribunal be able to retain an effective and adequately resourced tracking unit, even beyond 2004. The unit is responsible for gathering intelligence on the whereabouts and activities of those fugitives and on their precise locations, and for providing support to national law-enforcement authorities to effect their arrests.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“In May 2004, Yusuf Munyakazi - also indicted on charges of genocide, as well as crimes against humanity - was arrested in the Democratic Republic of the Congo with the cooperation of the authorities, the Government of the United States of America, the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) and the ICTR's tracking team. He has already been transferred to the Tribunal, where he has made his initial appearance. Those two successes are an indication of the potential - and indeed the necessity - for international support and cooperation and of the positive results they can bring to the international criminal justice system. We owe the authorities concerned a debt of gratitude.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“Many of them, of course, will not conclude agreements to take cases unless they receive assurances as to the availability of such support. Fifteen of the indicted fugitives remain at large. Many of them are located in the eastern part of the Democratic Republic of Congo, and efforts to apprehend and transfer them to the seat of the Tribunal have had little success so far. The likes of Felicien Kabuga and others continue to elude our efforts, and since October 2003 only two fugitives have been arrested. With the cooperation of the Dutch authorities, Ephrem Setako - who is indicted on charges of genocide - was arrested in the Netherlands in February 2004, and he is now facing judicial proceedings there for his transfer to the Tribunal.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“While we remain optimistic about concluding a transfer agreement with Rwanda and with other countries, in the case of Rwanda there is a need to expeditiously address resource issues to enhance the national judicial capacity to deal with these cases. It is urgent that we complete and equip a courtroom for the purpose of holding trials in Kigali, Rwanda. At the Office of the Prosecutor, we have proposed - as a way of enhancing the capacity of the prosecuting authority in Rwanda - accepting a number of such Rwandan officials for attachment and training in our Office, in anticipation of transfers to that jurisdiction. There may well be other needs. In accordance with the relevant resolutions of the Council, the international community should provide the necessary resource support to countries that agree to take cases from the ICTR.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“The rule change means, in effect, that the Tribunal cannot make transfer orders with respect to fugitives that can be implemented, even when the fugitive is apprehended after the closure of the Tribunal. Additionally, the rule change increases the range of countries to which transfer can be effected to include any country that is willing and able to accept and prosecute the accused. That is so even if such a country is neither the arresting State nor the State in which the offence was committed. In some instances, the prospects for transfer are dependent on the capacity of the recipient State - particularly the capacity of its judiciary.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“In the case of Rwanda, a mission fielded this year by the Registrar recently concluded an inspection of prison facilities in that country as a prelude to considering the negotiation and conclusion of a prisoner transfer agreement. Accused persons who are transferred to Rwanda for trial will, upon conviction, have to serve their sentences in that country. At its last plenary meeting in Arusha, in April 2004, the Tribunal amended its rules of procedure in order to empower it to transfer to a national jurisdiction for trial an indictee who was not in its custody. Previously, it could transfer only indictees who were in its custody, thus leaving indictees at large both unapprehended and not subject to transfer.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“An ad hoc committee on transfer of cases, which had been set up internally at the Tribunal to advise us on the strategy and conditions for the transfer of cases, submitted its report and recommendations in April and May 2004. As a follow- up, a draft agreement on transfer of cases is now being prepared by the Office of the Prosecutor as a basis for negotiations with interested countries. A questionnaire prepared by the committee has also been circulated to a number of countries. It is our intention that the second half of this year should see discussions with Rwanda and with other countries for the conclusion of agreements on the transfer of cases. So far, we have identified Rwanda and seven other national jurisdictions as potential recipients of cases, subject to further negotiations with the authorities concerned.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“As required by the Council, we expect to close investigations on new indictments by the end of 2004. By the end of October 2005, it is proposed that we complete the review of the evidence and the filing and confirmation of any new indictments, in accordance with the new indictment policy. As I have already indicated, we plan to prepare for trial the remaining detainees - with the exception of those whose cases are to be transferred to national jurisdictions for prosecution - by mid-2005. The transfer of cases is an important component of the completion strategy, and we remain firmly committed to it. We plan to commence immediately the preparation of those files that are scheduled for transfer or transmission, and we hope to conclude that process by the middle of 2005.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“Fourthly, we will ensure that, upon confirmation of an indictment, the Office of the Prosecutor is ready to proceed with the case. As soon as we submit an indictment and have it confirmed, we will be ready to proceed with the case in order to avoid delay. We will also focus on improved coordination among trial teams and improved support to those teams with respect to witness management, et cetera. We will continue to be open to plea bargaining with accused persons. Finally, we will strive to improve the capacity of the Office of the Prosecutor for storage, retrieval, analysis, dissemination and use of evidence. We are convinced that all those measures will help us to meet the challenge of dealing successfully with the existing and anticipated workloads. A number of items in the action plan require specific reference.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“We did so with a View to devising a plan susceptible of action and to fostering teamwork and collaboration among management, investigators, the evidence and trial sections and other organs of the Tribunal. We have looked for ways to streamline processes, eliminate duplication, improve coordination and generally improve our focus and efficiency in the prosecution of cases. As a result, our prosecution policy will focus on a number of issues. First, single accused, rather than multiple accused trials, will be the norm unless it is absolutely necessary to do otherwise. Secondly, we will draft indictments with fewer charges, charges that can be proved. Thirdly, we will reduce the number of witnesses, selecting them on the basis of the minimum number required to prove the charges.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“In the Office of the Prosecutor and, generally, within the Tribunal, we took time off to collectively review our working methods and consider what new measures need to be applied to deal with this workload. Clarifying the target and determining our workload - in other words, determining our completion strategy - was the first of two critical issues to be addressed. The second issue - the measures required to successfully implement that strategy - also needed to be addressed. In that context, we have reviewed all the key areas of our work. We have reviewed investigations, indictments, the pre-trial process, the trial process and the appeals process.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“Even here, it is possible that in those cases in which the evidence establishes a prima facie case by the end of this year, we may simultaneously seek confirmation of an indictment, have the Chambers issue an arrest warrant and obtain an order for transfer of the file to a national jurisdiction. Thus, when the suspect is eventually apprehended, he can stand trial in the national jurisdiction named in the transfer order. Much work remains to be done. The number of accused who remain to be prosecuted at the Tribunal between now and the end of 2008 - which is the deadline for the conclusion of trials at first instance - is actually greater than the number of accused whose cases have been disposed of since the inception of the Tribunal. Meeting the challenge requires new strategies.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“I expect that the number of accused to be tried by the Tribunal, excluding those already in detention - in other words our additional workload from now onwards - will be a maximum of 29 persons. It may well be - and I expect it will be - below that figure, making allowances for difficulties in apprehension, the death of some accused, and so on. As well, the outcome will largely depend on the state of the evidence after the conclusion of investigations and our success in apprehending those at large. There is another category of suspects who are at large and not yet indicted or apprehended but whose cases are under investigation and whom we propose to transfer to national jurisdictions. That category has only marginally increased, from 40 to 41 cases.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“With regard to the allegations against members of the Rwandan Patriotic Front, my Office is now evaluating the evidence that has been gathered so far with a View to determining whether there is a sufficient basis for prosecution, against whom and for what offences. I have also been engaged in discussions with the Rwandan Government on this matter, specifically with respect to what options are available for dealing with any cases that may arise from any such evaluation. We do so in the context of the concurrent jurisdiction enjoyed by the Tribunal and Rwanda with respect to those cases, while having due regard, of course, for the primacy of the Tribunal, which is guaranteed by the Statute of our court. I shall be reporting to the Council on progress in that respect.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“We will then make trial-ready the cases of the remaining detainees by the middle of 2005. So, by the middle of 2005, the cases of all those who are currently in detention will have commenced. Some will have been transferred, the rest will be on trial. With regard to transfers, we propose to transfer to national jurisdictions the cases of at least four of the indicted fugitives who continue to elude us. On the basis of the criteria of our review, to which I referred earlier, we have also reduced the number of targets for investigation from the original 26 to 16. Investigations of those 16 targets will be concluded by the end of the year.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“With regard to the remaining 21 detainees currently on trial at the ICTR, the prosecution expects to close its case in the trial of 10 of them by the end of 2004: those accused in the Butare case and the Military I case. We have just finished the prosecution phase in the case of one accused and have completed trial in two other cases. Judgement has been delivered in one of them, and judgement is expected in respect of the second. Early next year, we hope to be able to close the prosecution's case in relation to at least four other accused persons. The prosecution is ready to commence the trials of six other accused this year. Of the 16 accused persons remaining in detention, we propose to transfer at least five of them to Rwanda for trial within national jurisdiction, subject to the provision of satisfactory arrangements and assurances.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“A monitoring mechanism has also been put in place to oversee the implementation of the action plan. The strategy is not a static one. It will continue to be reviewed and adjusted in the light of new and changing circumstances. It is necessary that the strategy retain some flexibility in that respect. In our review we were guided by the Security Council's call to concentrate on those persons holding leadership positions: "the most senior leaders suspected of being most responsible for crimes within the jurisdiction of the Tribunal" (resolution 1534 (2004), para. 5). In this context, we have been guided by a number of factors, which have been set out in the completion strategy report before the Council. President Mose has briefed the Council on the cases that have been completed at the Tribunal.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“That revised strategy and assessment is an outcome of the review undertaken by the Office of the Prosecutor and consultations among all organs of the Tribunal. I wish to report that the Office of the Prosecutor has reviewed the caseload and has identified which cases it considers can and should be proceeded with at the Tribunal and which should be transferred to national jurisdictions. We have reviewed and identified strategies within the Office whose implementation, we believe, will enhance our capacity to respond more effectively to the challenge of completion. We have also adopted a completion strategy action plan setting out the critical measures that need to be taken internally at the ICTR, in particular in the Office of the Prosecutor, in order to implement the completion strategy and the time frames for doing so.”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source