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

“Mr. Jallow: Mr. President, may I thank you and members of the Council for the honour you have bestowed on me and on my colleagues in inviting us to brief you on the state of our work. When I last addressed the Security Council, in October 2003 (S/PV.4838), I undertook to carry out a review of the case load of the Tribunal with a View to identifying what should be concentrated on and what, in my View, could be accomplished within the time frames set by the completion strategy. I also undertook to consider what measures were to be applied to the rest of the workload. The Council now has before it a revised version of the International Criminal Tribunal for Rwanda (ICTR) completion strategy with the assessment required under Security Council resolution 1534 (2004) (S/2004/341).”
2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source
“With regard to the issue raised by the representative of China as to whether the combination of the completion strategy and early transfer would lead to a completion of the cases by the target dates, as the President has said, the judicial process is not easily predictable. We have to resort to a combination of strategies. What is clear is that, if we do not have additional ad litem judges, we cannot even start prosecution of the cases which are already ready for trial. If we do combine the strategy of transfer to national jurisdictions with a strategy of increasing the number of ad litem judges and also resorting to other measures, I am optimistic that we could meet the targets which have been set by the Security Council. Other than that, I should like to thank the Council for its interest in and its support for our work.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“That is a primary concern of the Court I am coming from - the Special Court for Sierra Leone - where we are very much concerned with developing the capacity of the Sierra Leonean national judicial system to respond to these cases and to deal with them expeditiously. That will be the process we will go through for handling the cases. The Ambassador of Mexico raised questions concerning the Rwandan Patriotic Front (RPF). Among the 26 targets for investigation, there are some members of the RPF. That is as much as I can explain to the Ambassador of Mexico. Secondly, I assure the Council that our mandate is to prosecute those persons who bear the greatest responsibility for whatever may have occurred. The decisions of the Prosecutor are taken on the basis of the evidence and of the law. I wish to assure my colleague on that point.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“We have to be satisfied that the countries or the jurisdictions to which the cases might go are capable of providing fair trials, in accordance with the standards that have been set by the United Nations, which have to be satisfied. If there is a lack of capacity, that issue could be addressed by the Security Council or by the United Nations itself in coming to the assistance of the State and providing support for its judiciary in order for it to be able to undertake the prosecution of these cases. I think, as has been rightly noted, that one of the important legacies of this sort of practice is that capacity has to be built in the countries or regions where these events occurred. Some capacity has to be built up in the judiciaries and other institutions for them to be able to deal with such incidents when they occur.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Mr. Jallow: I will respond briefly to three comments. First, I turn to the concern of the Ambassador of Germany in relation to the 40 cases. The President of the International Criminal Tribunal for Rwanda has already made some clarification in that respect, but I should like to say that these are only earmarked for transfer; none of them has yet been transferred, and not all of them are earmarked for transfer to Rwanda. Some are earmarked for transfer to other jurisdictions. We have yet to finalize the list. We have to review the cases and determine whether there is, in fact, a possibility of success if these cases are transferred and prosecuted. We also have to work out, of course, the terms and conditions for the transfer.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“A policy of transferring appropriate cases to national jurisdictions in order to enable the Tribunal to deal with the major cases can only succeed with the cooperation of States that are willing and able to dispense justice under conditions of due process and fair trial. Those who are willing but are inhibited by shortcomings should receive assistance to enable them to discharge their obligations. In all these matters the Tribunal looks to the cooperation of all States and ultimately to the support of the Security Council.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Several high-ranking military and political indictees remain at large. We shall continue to search for them and to negotiate with the States in which they reside for their surrender to the Tribunal or their prosecution by the host State. Further surrenders of such high-level suspects to the Tribunal may also require the Office of the Prosecutor (OTP) and the Tribunal as a whole to re-evaluate their priorities in terms of targets for prosecution. Our planning is based on the assumption that we shall receive the fullest cooperation from all States, particularly those within whose jurisdiction the fugitives are found.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Because investigations are not complete in many of these cases, I am convinced that States that agree to receive such files, including Rwanda, will need assistance from the international community and from the United Nations to complete the inquiries and to mount the prosecutions under the supervision of the ICTR, which will continue to retain its primary responsibility for these cases. It is evident from what I have said that, whilst the ICTR has formulated a well considered completion strategy, in line with the request of the Council, the picture of the full extent of our workload will become clearer in the few months ahead, and probably before the end of the year. International cooperation from States remains a crucial factor in the successful conclusion of the strategy.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“There is another category of cases comprising 40 case files which were partly investigated but, because it was clear at the very early stages of investigations that the targets in question bore low levels of responsibility, they were already earmarked for transfer to national jurisdictions. We do intend to carry out a review of these files, with a View to determining the viability of each case before final plans can be drawn up for transfer. Those cases that clearly have no prospect of success will be expunged from the system, as it would serve no purpose to send them to national jurisdictions. Regarding the remainder of the cases, I intend to negotiate with States, including the Government of Rwanda, for their transfer to the respective national jurisdictions.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“An important mechanism, therefore, for the successful implementation of the completion strategy is the referral to national jurisdictions of those cases in which the accused does not fall within the category of those bearing the greatest responsibility for the atrocities, whether the accused are already in detention pending trial or they are merely targets for investigation. The numbers of persons that we may have to deal with in this manner will become known only after the completion of the review that is in progress. My immediate plan in this regard after the review would be to establish contact with States in which those in detention were arrested to negotiate the transfer of the accused concerned to their jurisdictions where appropriate.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Where the evidence indicates that the target is not one of the most senior leaders suspected of being most responsible for crimes within the ICTR jurisdiction, I propose to take such measures as are necessary to divert the target away from prosecution before the ICTR, and to explore possibilities of transfer to national jurisdictions. These measures would include transferring targets to national jurisdictions. I believe making allowance for the fact that some of the targeted suspects may not be reached for reasons of death or other cause and that some who are apprehended may be jointly charged and tried, it is reasonable to assume that the final number of indictments within this category will be lower than the 26 projected so far.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“In the ICTR, of course, we have had past experiences which have inhibited guilty pleas or plea agreements. But we are committed to removal of the factors that have so far inhibited detainees from entering into such agreements. If there is any success in this direction, we are certain it will again reduce the number of detainees that will eventually have to be processed in full and lengthy proceedings before the chambers of the ICTR. In addition, there are twenty-six new targets for investigation. Again, with regard to those targets we are carrying out a process of assessing the evidence collected so far in respect of each suspect. Where the evidence is weak and there are poor prospects for producing fresh, strengthening evidence, the file will probably have to be closed and no more resources and time spent on it.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“It is quite possible that that process will reduce the number of those awaiting trial from the current 21. I plan, following that review, to make the cases of the rest of those detained ready for trial before the end of 2005 . With regard to guilty pleas f the case for which has been very well put by the President of the Tribunal for Yugoslavia - we at the ICTR are now adopting much more of an open-door policy towards plea bargains and, as a result, towards acceptance of guilty pleas. This is an acceptable part of the criminal justice process, provided that the rules relating to protection of the accused and to fair trial are scrupulously observed. Once that is done, I think it is fair enough that plea- bargain processes be engaged in and that guilty pleas resulting from such bargains be respected and recognized.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“In line with the strategy of concentrating on the prosecution and trial of the most senior leaders suspected of being most responsible for crimes falling within the ICTR's jurisdiction, I have also begun the process of reviewing the case of each accused who is awaiting trial, with a View to assessing the level of responsibility. With respect to those who do not meet the standard, the Office of the Prosecutor will immediately take steps to file motions in Chambers, under Rule 11 bis, requesting that indictments against them be suspended and that their cases be referred to other jurisdictions for trial. The review will also assess the relative strength of each case. Should there be any case with significantly questionable chances of success, a decision will have to be taken whether to withdraw the indictment or indictments.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“However, owing to limits in the availability of Chambers to handle these trials, I do not expect that all the cases that will be trial-ready in the first and the second quarters of 2004 will go to trial during those periods, unless there is an increase - from the current four to nine - in the number of ad litem Judges made available to the ICTR at the same time, and unless an amendment is also made to the Statute to increase the competence of those Judges, as proposed by the President of the Tribunal. Those measures would enable the ICTR to commence the trials during the periods mentioned, and I would urge that a decision be taken in that direction.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Internal measures are also being implemented in the Office to enhance the monitoring and supervision of prosecutions as well as to foster a greater sense of urgency on the part of the staff with regard to the work at hand. Regarding the other accused currently in detention at the facility in Arusha, the Office of the Prosecutor is ready to proceed in the first quarter of 2004 with trials in six cases involving nine accused. Another seven cases, each with a single accused, could be ready for trial in the second quarter of 2004.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“For our part, we in the Office of the Prosecutor will make greater efforts to use the Rules of Procedure and Evidence which are aimed at shortening trials. For instance, the time required to adduce the testimony of genocide experts has been considerably shortened by resort to Rule 94 bis of the Rules of Procedure and Evidence, which permits the presentation of written, instead of oral, testimony to Chambers under specified circumstances. We shall also constantly review witnesses in order to avoid duplication and wasting the time of the Trial Chambers. A major effort will also be launched to ensure that all trial teams meticulously keep to the Rules of Procedure and Evidence in order to reduce the incidence of motions, which consume a large part of the Tribunals' time.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“It is therefore not easy to predict how long each will take or how long the two aforementioned trials will last. We have only our experience from the previous multi-accused and multi- witness trials on which to base estimates. The experience of cases such as the Media trial, which lasted three years, and the Cyangugu trial, which also lasted three years, enable us to estimate roughly that the Butare trial may last four to five years and the Military II trial may last about two and a half years. The Gacumbitsi and Ndindabahizi trials are relatively small. Both the Chambers and the Office of the Prosecutor plan to complete the hearing of all the evidence and the closing arguments in those two cases before the end of 2003. If that happens, it will have taken less than four months per trial to complete the hearing of the evidence.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Moreover, the Tribunal plans to commence two additional trials, involving four accused each, on 3 November 2003, following the filing of first charges by the Office of the Prosecutor. These are the so-called Government cases, which will bring to the dock a large number of political leaders of Cabinet rank who were responsible for, inter alia, the planning of the genocide and instigating others to carry out the terrible events of that tragedy. The Military 1 trial, the Butare trial and the Government cases are big and voluminous cases which involve multiple accused persons and high numbers of witnesses per case. They are at a relatively early stage of development. All these cases are, by their nature, quite complicated and difficult.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“I have already put in place mechanisms for a review of the cases of those in detention without trial - those have not been brought before the courts; of the 16 indicted fugitives who are at large; of the 26 targets of investigation; and of the 40 cases earmarked for possible transfer to national jurisdictions. The aim of the review is to determine within the next few months more realistic figures, which I do not expect to exceed and which may indeed fall below the completion strategy ceilings indicated for the workload of the Tribunal. With regard to work in progress, there are currently four trials involving 12 accused before the Trial Chambers. We have the so-called Military 1 case, with four accused; the Butare case, with six accused; and the Gacumbitsi and Ndindabahizi cases, with one accused each.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“In the ensuing months, while the investigation and prosecution processes continue - particularly with the cases involving top Government and military leaders - my staff and I will devote considerable effort to reviewing the case load with a view to determining which charges should be proceeded with or transferred to national jurisdictions, as well as the measures which need to be taken to meet the target date set by the Council for the conclusion of all investigations, the completion of all trial activities at first instance, and the conclusion of the work of the Tribunal, as stated in the resolution.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“In that respect, I shall be guided by the Statute of the Tribunal, particularly with regard to the selection for prosecution of those persons who bear the greatest responsibility for the tragedy which occurred in Rwanda. Similarly, the concerns of the Council, expressed in inter alia its resolution 1503 (2003), of 27 August, will guide the policy of the Office of the Prosecutor.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“The process of international criminal justice is for many reasons, many of which have been well documented, very difficult. But it is a process which can and must be undertaken if we are to succeed in reducing, if not eliminating, impunity and preventing egregious Violations of human rights which are a blot on our conscience and a threat to peace, justice and security. I believe that there has been a substantial learning experience, which should now provide an adequate foundation for this next, crucial phase in the Tribunal's mandate. Our focus in this phase will be set firmly on the proper and effective implementation of the completion strategy.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Representatives of the Government of Rwanda whom I have met here in New York and in Arusha all have assured me of the cooperation of their respective Governments with the Tribunal for the effective discharge of its mandate. I am greatly encouraged by such assurances and look forward to fruitful cooperation with them. I myself propose to go to Rwanda shortly for consultations with that Government. 1 am also pleased to report to the Council that I am now based in Arusha, the headquarters of the Tribunal, where I have been holding discussions with the President, as well as with the Registrar, the Deputy Prosecutor, Mr. Bongani Majola, and the rest of the staff. As I enter the early stages of my mandate, I am acutely conscious of the challenges that lie ahead.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“Mr. Jallow: I feel particularly honoured, first, by the Council's decision to appoint me as the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), and, secondly, by its having invited me to address the Council specifically on our plans for implementation of the Tribunal's completion strategy and generally to report on the work of the Tribunal. I shall endeavour, to the best of my ability, to discharge my duties as Prosecutor, and I look forward to the cooperation of all States and to the support of the United Nations in this regard. Since my appointment, 1 have had a briefing session with my immediate predecessor, Ms. Carla Del Ponte, whose immense and invaluable contribution to improving the efficiency of the ICTR, and, more generally, to the cause of international criminal justice, I wish to acknowledge.”
2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source
“This is a noble sacrifice that is not lost on us, and to which we pay due tribute. We also express our thanks and our heartfelt sympathy to all United Nations agencies and non-governmental organizations that have suffered various setbacks, some of them tragic, in the execution of their onerous duties in Liberia. We sympathize with the families of those civilians who have been killed. Lastly, my delegation wishes to express solidarity with the people of Liberia and to assure them of the Gambia's continued support and assistance.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source
“The Gambia supports the Secretary-General's recommendations, contained in paragraph 45 of his report (S/1996/47), to extend the mandate of UNOMIL for a period of four months, until 31 May 1996, and to complete the full deployment of the Mission. My delegation would also like to echo the Secretary-General' s appeal to the international community to reconsider and increase its current level of support to the Economic Community of West African States (ECOWAS) Monitoring Group (ECOMOG), and to ensure that the necessary logistical assistance is provided to enable it to carry out its demanding responsibilities in Liberia. It is fitting at this stage to pay tribute to ECOMOG for its heroic work in Liberia and to extend our deepest condolences to the families of all its members who have been killed in the line of duty.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source
“Socio-economic activities are going on, and it is noted that many United Nations agencies and non-govemmental organizations are continuing their professional and humanitarian activities in Liberia. My delegation also notes the ongoing efforts to stem the spreading tide of military clashes and other violations of the Abuja Agreement, and violations of the human rights of civilians. In this connection, my delegation calls on the recalcitrant local warlords to pledge once more their commitment to the peace process and strict adherence to its various provisions ensuring progress towards general elections in August this year. Attainment of the goals of the Abuja Agreement requires that we support the recommendations made by the Secretary-General.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source
“In particular, there is a great need to strengthen and continue the peace process in Liberia by maintaining the presence of the United Nations Observer Mission in Liberia (UNOMIL) and by providing greater financial and material resources to ensure a sustained programme of national recovery and reconstruction. Turning to the report of the Secretary-General, which my delegation fully supports, we note that the Secretary-General addresses a number of serious issues relating to the peace process and to the need to keep it constantly on track. The general picture that emerges from this report shows that all is not lost. The various organs necessary for implementing the Abuja Agreement are in place and functioning.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source
“In the same vein, I would like to convey my delegation's sincere appreciation to the Secretary-General for the excellent report now before the Security Council. It is gratifying to note that the situation in Liberia is beginning to improve once more, following the recent regrettable setbacks in the peace process. The incident at Tubmanburg dealt a serious blow to the peace process. These incidents or setbacks notwithstanding, the Abuja Agreement is generally holding, with every effort being made for its continued implementation. This is an encouraging sign for the international community, and therefore calls for renewed and redoubled support and assistance.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source
“The Council's support is a great source of encouragement to Liberians in particular, and all Africans in general, in their resolute effort to resolve the problem in Liberia and its attendant human sufferings and material damage. I would also like to extend my delegation's sincere thanks and appreciation to the Secretary-General for his now-familiar request to the international community for humanitarian assistance to Liberia. This gesture and other commitments of the United Nations to Liberia and its rehabilitation process strike a deep chord of gratitude in our hearts, and we wholeheartedly wish to express our thanks to all those who have been contributing financially and materially to this noble and humane objective.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source
“I would first of all like to join my colleagues who have already spoken in congratulating you, Sir, on assuming the presidency of the Security Council for this month. I also wish to thank you and all the members of this body for kindly facilitating my delegation's participation in the consideration of this important agenda item, on the situation in Liberia, at this open meeting. Under your wise guidance and competent leadership, I have no doubt that our deliberations will yield fruitful results. I would also like to express my delegation's appreciation for the Council's previous expression of support for the people of Liberia and its recognition of the useful role the Economic Community of West African States (ECOWAS) has been playing in finding a just, peaceful and lasting solution to the Liberian conflict.”
1996-01-24 · UN Security Council · Security Council, S/PV.3621 (1996) · source