YouSaid · the spoken record

Judge Carmel Agius

lines on the record: 31
first: 2020-06-08
most recent: 2020-12-14
sittings or episodes: 2
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

“With the continued backing of Member States and with our dedicated judges and staff ready to meet the challenges of the times, the Mechanism has every reason to be hopeful that it will make important headway during the coming reporting period and ultimately succeed in fulfilling its mandate.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“Following that breakthrough, the Mechanism was also most gratified to note the terms of resolution 2529 (2020), in which the Council urged all States to intensify their cooperation with, and render all the necessary assistance to, the Mechanism regarding the remaining ICTR fugitives, as well as the protracted situation of the nine individuals in Arusha. The Mechanism is deeply thankful to the Security Council, not only for that most recent expression of support but for all the support provided since the Mechanism was brought into being 10 years ago. The Mechanism is mindful that it owes its very existence to the members of the Council.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“An additional issue that I have highlighted on previous occasions is the relocation of the nine acquitted and released persons, who are still waiting in a safe house in Arusha. While the Mechanism will do everything within its power, it is only with the continued help of Member States that such matters will be resolved in a way that furthers the Mechanism’s — and thereby the Security Council’s — aims. In that respect, the arrest of Félicien Kabuga by French authorities was an invigorating example of what the Mechanism can achieve with the collaboration and committed efforts of States and other stakeholders.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“In particular, I would like to praise Belgium, which became our fifteenth enforcement State in September. The Mechanism looks forward to being able to share further news in the near future regarding other enforcement-related developments. The enforcement of sentences is only one area in which the Mechanism has benefited immensely from the active cooperation of States since it commenced operating. It has been said before, but bears repeating — the support of Member States is crucial to the Mechanism’s ability to effectively discharge its functions, and we will continue to rely on their valuable assistance in the months and years to come, not only in relation to enforcement-related activities but in other areas as wide-ranging as the tracking of remaining fugitives or securing a viable budget that will allow us to conclude our work.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“Separately, in order to ensure that the Mechanism’s responsibilities vis-à-vis convicted persons continue to be optimally fulfilled, I issued three further orders for COVID-19 updates from enforcement States during the reporting period, the most recent of which extended the reporting period from every 14 days to every month, unless urgent circumstances require otherwise, in recognition of the potential burden of having to provide fortnightly updates during a time when resources are already stretched. I take this opportunity to express the Mechanism’s wholehearted gratitude to each of the enforcement States for their conscientious responses to the pandemic- related orders, as well as their generous cooperation with, and support for, its core mandated activity more generally.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“Such measures are of course a supplement to the medical care already available, and our facilities are subject to inspections by independent monitoring bodies such as the International Committee of the Red Cross. In addition, detainees are free to avail themselves of the Mechanism’s comprehensive detention-related complaints procedure and raise concerns before the Chamber seized of the relevant proceedings.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“In connection with the previous point, I wish to emphasize that the Mechanism continues to do its utmost to ensure the safety and well-being of all persons under its supervision, including those in the United Nations detention facilities here in The Hague and in Arusha, as well as the 50 convicted persons serving sentences in 15 Member States. As can be seen in the report before the Council, the Mechanism takes those responsibilities extremely seriously and maintained a system of heightened vigilance during the reporting period, owing to the COVID-19 pandemic. Under the excellent stewardship of our new Registrar, Mr. Abubacarr Tambadou, the strict measures in place at our detention facilities have been effective to date in protecting our detained persons from exposure to the virus.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“It is almost with a sense of déjà vu that I say that because, were it not for COVID-19, the Mechanism would have been able to conclude the existing proceedings in 2020, as anticipated in December 2019. Nevertheless, rather than to wish for something different, we must continue to mitigate the challenges as best we can and proactively address the reality of our current circumstances. I can confirm that the Mechanism is prepared for what lies ahead. Our judges and staff are aware that the coming months are critical and have been spurred on by the achievements of the reporting period. We are ready to exert all efforts to ensure the completion of the relevant cases by the projected dates, with full regard for the rights of our accused persons.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“His initial appearance took place on 11 November, during which a plea of not guilty was entered on his behalf. Furthermore, the case against fugitive Augustin Bizimana was formally closed during the reporting period, following the filing in October of a Prosecution motion to terminate the proceedings based on proof of the accused’s death. Now only six ICTR fugitives remain, and one of them is expected to be tried by the Mechanism. As the Council will later hear from Prosecutor Serge Brammertz, the search for those individuals continues to be a top priority. Following those developments, the Mechanism is poised to conclude a significant proportion of its pending judicial caseload by the end of May next year.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“Last week, on 8 December, the single judge seized of the contempt case against Petar Jojić and Vjerica Radeta issued a public decision reiterating the previous request to Serbia to comply with its obligation to transfer the accused to the seat of the Mechanism in The Hague without delay. The single judge decided to remain seized of the matter with a view to ascertaining Serbia’s compliance with his decision within 90 days. In addition to that activity in existing cases, important events took place in relation to fugitives indicted by the ICTR. New pretrial proceedings commenced in the case against Félicien Kabuga, who was transferred to the United Nations Detention Unit in The Hague in October following his arrest earlier in the year.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“The evidentiary hearings concluded in October, and judgement is likewise expected by the end of May 2021, once final trial briefs have been filed and closing arguments made. At the Arusha Branch, the trial in the case against Maximilien Turinabo and others was finally able to commence on 22 October, following similar preparations, and the presentation of witnesses for the prosecution has now concluded. The defence phase will commence in the first part of 2021, with the trial judgement also expected in May. I wish to alert the Council also to a very recent update in another case.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“The report before the Council provides ample evidence of the progress made in relation to the Mechanism’s judicial caseload, despite the ongoing global health crisis. Notably, the appeal hearing in the case against Ratko Mladić was held at the Mechanism’s Hague premises in late August, with four of the five judges of the Appeals Chamber participating by video-teleconference from their own countries. Judicial deliberations and judgement preparation have since continued apace and the case is expected to conclude in May 2021. Soon afterwards, in September, in-court proceedings resumed in the case against Jovica Stanišić and Franko Simatović, with the Trial Chamber hearing the final five witnesses for the Simatović defence.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“It responded by identifying creative solutions that utilize and expand upon the distinctive features built into its legal framework, such as our familiarity with remote working methods and provisions that allow for hearings by remote participation of judges, parties and witnesses. That flexible approach enabled the Mechanism to remain operational and smoothly resume in-court proceedings once certain restrictions were eased, leading to a number of significant results during the reporting period. That the Mechanism was able to effectively overcome the many challenges of 2020 is a testament to its maturation as an institution, as well as the outstanding commitment of its judges and staff, whom I thank sincerely.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“Let me assure the Council that our quest for improvement will not cease. There is also some satisfaction in marking the Mechanism’s tenth birthday at the end of 2020, a year that has tested us more than any other and has allowed us to demonstrate our dedication and resilience and that intrinsic aspect of our nature I mentioned earlier — innovation. Indeed, the Mechanism recognized at the outset of the coronavirus disease (COVID-19) pandemic that, as a court of law with fundamental responsibilities to accused, detained and convicted persons, as well as victims and witnesses, it was essential to keep functioning. While in-court proceedings were initially affected, work on cases continued around the clock and the Mechanism prepared for the various pandemic-related scenarios that could unfold.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“On this occasion, the Mechanism also examines its own record of performance, especially in view of the Council’s favourable review of its progress this year, which culminated during the reporting period in the adoption of resolution 2529 (2020). From the early days of transitional arrangements and double-hatting to navigating the closure of the ad hoc Tribunals and finding its feet as a stand-alone institution, the Mechanism has certainly covered much territory over the years. In addition, we have managed a considerable workload and consolidated the best practices of two disparate institutions. Throughout, we have remained mindful of the imperative to continually strive for better, more harmonized and more efficient ways of operating within the parameters of our specific mandate.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“However, back in 2010 that was a novel approach within the United Nations system, and more generally. It is particularly special for the Mechanism to reach this anniversary during a year marking the United Nations own seventy-fifth birthday. Milestone events such as these remind us of our raison d’être and allow us to take stock of the progress we have made, as well as how much more remains to be done. By doing so they encourage us to reaffirm the values that unite us and underlie our daily work, thereby providing fresh impetus for renewed efforts and further refinements. The Mechanism is, as always, proud to form a small part of the bigger story of the United Nations and to be able to contribute to its broader aims.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“On that day almost exactly 10 years ago, the members of the Security Council therefore came together to take the bold step of creating a new kind of judicial institution, which was unique in its purpose, scope and structure and would help close the impunity gap after the ad hoc Tribunals had gone. While it was not the first- ever residual court, the brand new Mechanism was the first entrusted to complete the substantive judicial caseload of its predecessors and ensure that a number of remaining fugitives would be brought to justice. Remarkably, it was mandated to do so from two branches on different continents, with a roster of 25 independent judges working predominantly from their own countries. Other institutions have been established that mirror the Mechanism in certain respects.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“Although the Mechanism did not commence operations until 1 July 2012, with respect to the remaining functions of the International Criminal Tribunal for Rwanda (ICTR), and until 1 July 2013 regarding those of the International Tribunal for the Former Yugoslavia (ICTY), its inception in 2010 was a truly significant moment. Resolution 1966 (2010) acknowledged the vital contributions made by the two ad hoc Tribunals to international criminal justice, accountability and the rule of law, and sought to build upon them. It symbolized the determination of the international community to continue fighting impunity for serious violations of international humanitarian law and to see the work of the ICTR and the ICTY through until the very end, thereby ensuring that their precious legacies would be strengthened and safeguarded.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“It is my sincere pleasure to address the Security Council once again to present the seventeenth progress report of the International Residual Mechanism for Criminal Tribunals (IRMCT). While I regret that we are once again unable to gather in person, I am very honoured to meet with members today, on the eve of an auspicious occasion for the Mechanism and also for the Council. Next Tuesday, 22 December 2020, will mark 10 years since the Security Council adopted resolution 1966 (2010), by which the Council established the Mechanism.”
2020-12-14 · UN Security Council · Security Council, S/2020/1236 (2020) · source
“None of the progress reflected in the reports before you would have been possible without our devoted Judges, staff and all who contribute to the Mechanism’s work on a daily basis. I thank and commend them for their commitment and outstanding efforts throughout, and particularly in recent months. It is during difficult times like these that one is reminded of the singular importance of the people in our lives — our family, our loved ones and our colleagues. Finally, I wish to extend my gratitude to all Member States for their attention today and for their unfailing support and assistance to the Mechanism. I look forward to the next time we can safely meet in person.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Last year marked 25 years since the genocide against the Tutsi in Rwanda, and this year marks 25 years since the genocide in Srebrenica. Though we know that not every pathogen causes a pandemic, we see every day that these destructive forces are becoming more virulent and that the purveyors of hate feel emboldened. We must combat their version of events and offer our solidarity and support to all those who have suffered and continue to suffer. It is in that spirit that the Mechanism will join in next month’s events commemorating 25 years since the genocide in Srebrenica. I very much hope that all Member States will mark this significant and most sombre occasion. Although the Mechanism has been required to chart a different course than previously announced, I am proud to say that we have risen to the challenge.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Likewise, I have requested information regarding the situation in the Mechanism’s own detention facilities in Arusha and The Hague. As the safety and well-being of our accused, detained and convicted persons is paramount, I will be following these matters extremely closely in the coming months. In the meantime, I take this opportunity to thank all enforcement States for their sterling cooperation in this and other respects. COVID-19 is, unfortunately, not the only virus we face. As we collectively tackle the challenges posed by this unprecedented global crisis, we must not ignore the perils of endemic hatred, division and denial. We must stand strong in the face of those who favour impunity over justice. The period under review recalls two ignominious pages in our collective history.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“I trust that those revisions will help to clarify the procedures involved and ensure a streamlined process, which also envisages the collection of more comprehensive information upon which to base a decision. Among the procedural refinements are two substantive changes reflecting the Mechanism’s existing eligibility threshold for early release and the President’s inherent discretion to grant early release subject to conditions. Speaking more broadly on the enforcement of sentences in the light of the COVID-19 pandemic, I took proactive steps to request regular information from enforcement States regarding the measures taken in all prisons where our convicted persons are serving their sentences. In line with my order of 24 April 2020, I have been receiving updated information every two weeks.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Each reporting period that passes very quickly for us, no doubt drags on interminably for these nine men, one of whom has been languishing in uncertainty since 2004. Our joint failure to find a solution can only erode confidence in our system and undermine other successes. I would therefore once again urge the Council’s support to help end this untenable situation. I would now like to touch upon early release, an area of particular interest to the Security Council, as reflected in resolution 2422 (2018), and one which I believe to be very important. Last month, with a view to ensuring greater transparency, consultation and coherence, I issued a revised Practice Direction on the procedure for applications of pardon, commutation of sentence or early release.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Similarly, all those who assisted the Mechanism in confirming the death of another fugitive, Mr. Augustin Bizimana, must be thanked and congratulated. I cannot help but wonder how many more fugitives could be brought to justice if the cooperation and trust so evident from those achievements were to continue. Let us not stop here. Let us use this momentum to keep advancing the cause of international justice. By contrast, the situation of the nine acquitted and released persons in Arusha presents a dimmer picture. As I have said before, and indeed as recognized by the Council in several resolutions, the Mechanism cannot resolve this issue on its own. We rely on Council members’ goodwill and commitment.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“While those delays are, regrettably, beyond the Mechanism’s control, rest assured that all efforts are being made for these cases to be conducted and completed as expeditiously as possible. Our workload must also be re-evaluated in the light of a major breakthrough during the reporting period. I am referring to the arrest of fugitive Mr. Félicien Kabuga. With Mr. Kabuga and others having evaded capture for over 20 years, fugitive trials were — until now — more of a contingency plan than a primary part of our operations. Prosecutor Brammertz and his team have brought to fruition this long-awaited and core aspect of our mandate. They should be lauded for their efforts. France, together with other Member States and partners, have contributed to this great accomplishment and deserve our praise.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Mladić’s surgery — has recently been stayed until further notice due to the unavoidable impact of the pandemic. Meanwhile, work continues and the Appeals Chamber stands ready to hear the appeals in the Mladić case as soon as it is safe and feasible to do so. The appeal judgment is projected to be delivered nine months after the hearing of the appeals. At the Arusha branch, the single Judge postponed the commencement of trial in the multi-accused Prosecutor v. Maximilien Turinabo et al. contempt case to the end of August. That was also due to travel and other restrictions preventing the movement of key persons who are on three different continents — including the accused and their counsel, as well as witnesses. Despite that, pre-trial litigation and trial preparation are ongoing and the trial judgment is expected in March 2021.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Further, while the pandemic has affected in-court proceedings, cases have progressed with relatively few disruptions because much of our judicial activity is undertaken in writing. Nevertheless, cases that were on track to conclude by the end of this year are now expected to conclude in the first part of the next. In that respect, I can mention the Stanišić and Simatović trial in The Hague, in which restrictions related to the coronavirus disease (COVID-19) stalled courtroom activity halfway through the defence case for Mr. Simatovič. It is anticipated that hearings will be able to resume on 7 July and that all witnesses will be heard before the end of this year. The trial judgment is expected by April 2021. Likewise, in the Mladić case, the appeal hearing — which was originally scheduled for March but postponed to June due to Mr.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Disruptions have been reduced as much as possible, with Judges and staff working hard behind the scenes to ensure the utmost preparedness for when courtroom activity resumes. Above all, remarkable headway on fugitive-tracking efforts has been made. The Security Council has before it several comprehensive documents prepared by the Mechanism for the review of the progress of our work. We are grateful for the opportunities provided to reflect on our achievements and identify areas for further improvement and efficiency. In the past months, the Mechanism’s main focus has been to ensure that its judicial functions continue uninterrupted. To that end, we have made full use of the tools available in our legal framework and have adapted internal procedures where appropriate.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“Those include my responsibilities to the Mechanism’s accused, detained and convicted persons awaiting proceedings or serving sentences in Africa and Europe; my responsibilities to victims and witnesses, including those living in Rwanda and the countries of the former Yugoslavia; my responsibilities to the Mechanism’s dedicated staff, who are nationals of 75 different countries; and my responsibilities to the Security Council and, more broadly, the United Nations as a whole. The projections presented last December did not factor in a global pandemic that would effectively bring the world to a standstill. Yet even under these circumstances, the Mechanism has remained operational and delivered results. Reporting duties related to the review of the Mechanism’s mandate, as well as other periodic responsibilities, have been fulfilled.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source
“The last time I addressed the Council in December 2019 (see S/PV.8681), the world was a very different place. I sat across from the delegations and delivered my report from one end of the horseshoe table in the Security Council Chamber. The International Residual Mechanism for Criminal Tribunals was poised to conclude its ongoing judicial caseload by the end of this year, leaving only potential appellate work pending. Preparations were under way to shift our focus to longer-term residual functions, as originally envisaged by this organ. Sadly, no corner of the globe has been spared from this terrible pandemic, and today, as I speak to the Council from a computer screen in The Hague, I must admit that I acutely feel the weight of the responsibilities entrusted to me by the Security Council.”
2020-06-08 · UN Security Council · Security Council, S/2020/527 (2020) · source