YouSaid · the spoken record

Judge Gatti Santana

lines on the record: 31
first: 2022-12-12
most recent: 2023-12-12
sittings or episodes: 3
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

“At the outset, Mr. President, I wish to congratulate your country on assuming the presidency of the Security Council and to convey my appreciation for the support provided to the International Residual Mechanism for Criminal Tribunals.”
2023-12-12 · UN Security Council · Security Council, S/PV.9502 (2023) · source
“In that respect, I look forward to constructive collaboration with the Office of Internal Oversight Services, which is in the process of conducting another evaluation exercise. While we do not presume to do everything to perfection, I can assure the Council that we do our very best. I conclude by expressing deep appreciation to all those whose support has been fundamental to our progress so far. The efforts we have invested in getting there are rivalled only by the satisfaction of being here to report on such results.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“Based on the road map we developed last year, senior managers from all three organs are working on a scenario-based workforce plan. Furthermore, a panel on judicial functions will produce recommendations with regard to the Mechanism’s continuous judicial activities. Those efforts are bolstered by ongoing exchanges with officials of other judicial institutions, which have shed light on how our residual functions might look in the years to come. In exactly one year, the Security Council will be conducting its fifth review of the Mechanism’s progress of work. I am determined to continue pursuing innovative, more efficient ways of operating and to take all the necessary steps to keep achieving positive results.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“This represents a watershed moment in the life of the Mechanism and for international criminal justice more generally. As a result, the Mechanism is poised to enter the next phase of its operations — one in which the reality of its daily responsibilities will be more closely aligned with its name and intended nature. Nevertheless, the fact that the Mechanism is drawing down does not mean that it is ready to close down. We are not finished; rather, we are preparing to start a new phase. While decisions on bigger institutional changes and the transfer of our mandated activities will ultimately lie with the Council, the Mechanism will continue to streamline its activities wherever it can. As detailed in the progress report, the Mechanism made great strides over the past six months towards the planning of its future.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“It bears repeating that such non-cooperation prevents the Mechanism from fulfilling its mandated functions. Moreover, there is a disturbing trend of genocide denial, the glorification of war criminals, the purported rewriting of history and even provocative statements by convicted persons shamelessly admitting that they would do it all over again. In the face of those challenges, one of my priorities is to consolidate, safeguard and make more accessible the invaluable legacy of the ad hoc Tribunals and the Mechanism. It is for the first time that a Mechanism President stands before the Council and can announce that in-court proceedings are all but concluded. The Mechanism only has the Kabuga case on its docket in that respect, with its future currently unclear.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“Any decision on the relocation of those persons should be consistent with resolution 2637 (2022) and is without prejudice to their own personal efforts to find a solution. In the meantime, I urge the Council to appreciate how the status quo is untenable in every respect. The third issue I wish to bring to members’ attention today — and, arguably, the biggest threat we face — has to do with the relentless attempts to undermine our current work and the judgments issued by the ICTR, the International Tribunal for the Former Yugoslavia and the Mechanism. That includes the flagrant disregard by Serbia of its international legal obligations set forth by the Security Council itself and its persistent failure to arrest and surrender Petar Jojić and Vjerica Radeta for their alleged interference with the administration of justice.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“That not only has financial repercussions for the Mechanism but also burdens the host State significantly. Secondly, there is the situation of the acquitted or released persons who were relocated to the Niger in December 2021. Let me begin with news I received over the weekend concerning the passing of one of those individuals, Mr. Tharcisse Muvunyi, on Friday evening. As a matter of priority, the Mechanism is obtaining more information on the particular circumstances of his death. I wish to underscore that the situation in the Niger contravenes the relocation agreement concluded with the United Nations and that the Mechanism is simply not in a position to resolve that predicament alone. Indeed, the Security Council has called on all States to provide the necessary assistance.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“In Europe, 10 enforcement States are enforcing the sentences of 18 convicted persons. In addition, there are four convicted persons at the United Nations Detention Unit in The Hague awaiting transfer to an enforcement State. The domestic legislation of some enforcement States limits their ability to enforce lengthy sentences. As a result, the Mechanism has recently been faced with situations where convicted persons had to be returned to our Detention Unit while awaiting the designation of a new enforcement State. Unfortunately, those situations are expected to continue to occur in the future. That development also has a detrimental impact on the Mechanism’s detention function. While the Detention Unit is meant to serve as a remand facility, 80 per cent of its occupants are now convicted persons.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“It is therefore confident that the Rwandan judiciary will be similarly steadfast during the proceedings on Fulgence Kayishema, which we will be following closely in line with our monitoring functions as set out in article 6, paragraph 5, of the statute. I now turn to three main areas that require the Council’s urgent attention and vigorous backing. The first relates to the enforcement of sentences. The Mechanism is extremely grateful for the willingness of those 13 States that are currently enforcing sentences imposed by the ad hoc tribunals or the Mechanism. That represents a major contribution to the fulfilment of our mandate. However, the burden is not shared equally. More than half of the 45 convicted persons who are serving their sentences in enforcement States are imprisoned in two African countries.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“Ladislas Ntaganzwa, were also completed. Based on the reports of that last case submitted by our monitors, I would like to commend the efforts of the Rwandan judicial authorities towards guaranteeing due process, and I also acknowledge the cooperation and responsiveness of the Rwandan Ministry of Justice and the Rwandan Correctional Service. I further note the professionalism of the national prosecutorial authorities and the active role undertaken by the Rwandan Bar Association in that regard. The Mechanism observes the encouraging advancements in Rwanda’s ability to discharge cases relating to international crimes efficiently and effectively.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“Turning to the Mechanism’s other important functions, I wish first to praise the outstanding quality of the Prosecutor’s fugitive-tracking team. Their work is another example of the Mechanism’s strong commitment to realizing its mandate. The recent arrest in South Africa of Fulgence Kayishema, one of the four remaining ICTR fugitives, serves as a stark reminder that even after all these years, justice remains achievable, especially when supported by the power of State cooperation. Another significant development concerns the monitoring of three cases referred to the Republic of Rwanda by the ICTR. The proceedings against Jean Uwinkindi and Bernard Munyagishari were completed in 2022, prior to my appointment as President. I am pleased to note that in March of this year, the appeal proceedings in the third case, Prosecutor v.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“I am, however, pleased that Uganda has nominated another experienced female jurist, Judge Lydia Mugambe Ssali, who joined our judicial roster in late May. Turning back to the case, on 6 June, the Trial Chamber rendered its decision on the fitness and future of the trial of Félicien Kabuga. After months of carefully examining the issues at stake, the judges on the bench have decided, by majority, that he is not fit to stand trial and is very unlikely to regain fitness but that, nevertheless, the Chamber will continue the proceedings through an alternative findings procedure to provide Mr. Kabuga with an opportunity to establish his innocence of the charged offences and in view of the strong public interest to make findings in relation to allegations of conduct attributed to Mr. Kabuga. It is expected that that decision will be appealed.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“With that judgment, the ambitious journey of the International Tribunal for the Former Yugoslavia has come to an end, insofar as the cases against all 161 persons indicted by that Tribunal have concluded. That leaves only one case related to core crimes committed in Rwanda — the trial against Félicien Kabuga. Before I update the Council on those proceedings, I wish to pay tribute to Judge Elizabeth Ibanda-Nahamya, who was a member of the Kabuga Trial Chamber. Her sad passing in January of this year was devastating not only to the Mechanism, but also to the wider international legal community. Judge Ibanda-Nahamya was a great judge and an even greater human being, who garnered tremendous respect. Her dedication, professionalism and kindness as a colleague are terribly missed.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“And in 2010, a successor body of the ad hoc tribunals — the International Residual Mechanism for Criminal Tribunals, which I have the honour to lead — was conceived as an expression of the ongoing collective commitment to an indispensable system of international justice. Within the framework of the Mechanism’s wide-ranging mandate, particular attention has been paid to delivering justice, establishing the truth, upholding international standards of due process and fair trial rights and, ultimately, convicting those who have been proven guilty beyond reasonable doubt of the most horrific crimes. Two weeks ago, the Appeals Chamber handed down its last judgment concerning crimes committed during the conflicts in the former Yugoslavia, in the case Prosecutor v. Jovica Stanišić and Franko Simatović.”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“Judge Gatti Santana: Nothing encourages crime more than impunity. In May 1993, the Security Council agreed unanimously to take exceptional action regarding the former Yugoslavia and establish an international criminal tribunal. That bold act asserted the rule of law and served as a warning to others elsewhere that violations of international humanitarian law would not be tolerated and, more importantly, that they should not go unpunished. What the Security Council realized back then, and what continues to be true today, is that criminal conduct affecting and offending humankind requires global accountability. That same sentiment also prevailed in 1994, with the establishment of the International Criminal Tribunal for Rwanda (ICTR).”
2023-06-12 · UN Security Council · Security Council, S/PV.9344 (2023) · source
“Through the establishment of the Residual Mechanism, more than a decade ago, the Security Council sent a strong message about impunity — that high-ranking fugitives indicted by the ICTY and the ICTR cannot escape justice and that the legacy of those two courts must be protected. Justice and peace are the most pressing needs of today’s world. I can say without any doubt that we have done our part. The Mechanism is proud of its contribution and should be considered one of the best investments of the United Nations.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“I would also underscore the need to redouble our efforts to counter genocide denial, revisionism and the glorification of war criminals. By defending and disseminating the truth, we can help prevent genocide and other heinous crimes from occurring again. The information centres envisaged by the Security Council in resolution 1966 (2010) are geared to that, and as demonstrated by the existing centre in Sarajevo, will play a vital role in making our work more comprehensible and accessible to the communities affected. For that reason, the international community is encouraged to work with Rwanda and the countries of the former Yugoslavia and to support the establishment of those valuable platforms.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Indeed, that is why the institution was created in the first place. Even after the completion of our pending caseload, we will be left with a number of valuable, long-term responsibilities aimed at consolidating our achievements and results. I refer to the enforcement of sentences, the preservation of archives, the protection of witnesses, assistance to national jurisdictions and other judicial activities. I therefore urge the international community to remain steadfast in its commitment to fighting impunity, to embrace the reality that justice does not end with final judgments and to acknowledge that our residual functions require continued efforts to ensure that the legacy of the ICTY, the ICTR and the Mechanism is not derailed.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Unless additional States come forward, the Mechanism will struggle to continue to fulfil its duties in that important area. Finally, I want to discuss the Council’s continued emphasis on ensuring that our residual tribunal remains guided by the premise of operating as a small, temporary and efficient structure. The ability to appreciate what “residual” truly means has become clearer now that we are dealing with our final trial and appeal proceedings. The reality, however, is that the scope of our responsibilities and the volume of our activities extend far beyond what was envisaged back in 1993 and 1994 when the ad hoc tribunals were established. In that sense, the term “residual” should not give the impression that we no longer matter. On the contrary, our mandated residual functions, including judicial functions, remain essential.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“One clear example is the enforcement of sentences. Compared to other international courts and tribunals, we have the largest number of convicted persons — 51 in total — serving the lengthiest sentences, including 17 life sentences. To date, 13 States have gone above and beyond to demonstrate their strong commitment to international justice by willingly assuming their additional and weighty responsibilities for enforcing sentences. Their ongoing support and cooperation are critical to the Mechanism’s ability to carry out that aspect of its mandate, and I commend and sincerely thank them. I urgently appeal to other States to follow their lead in sharing the burden of enforcing the sentences of people convicted by the International Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda or the Mechanism.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Finally, in the third and final phase, it is anticipated that our continuing residual functions will have a greatly reduced workload, for which specific projections are not available at present. The Mechanism will continue to work collaboratively on crafting options for any transfer of functions, as well as timelines for expected durations. With the road map as a first point of reference, the Mechanism will provide updates on the development of a comprehensive strategy to guide the Mechanism’s continued transition to a truly residual court. As the Council has previously noted, there can be no exit without a strategy. While that is true, I would underscore that our planning for the future is dependent on addressing the challenges of the present. Any delay on that front will have an impact on our transition plans.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“We have taken that request seriously and that is why developing a strategy for the future has become one of the priorities of my presidency. Last Friday, I presented the Security Council’s Informal Working Group on International Tribunals with a road map for developing a Mechanism- wide scenario-based workforce plan. The road map lays out the remaining residual functions with preliminary projections involving three drawdown phases. The first phase would correspond to the period in which ad hoc judicial activity and the tracking of fugitives are expected to be completed. The second phase would correspond to the period during which the Mechanism will focus exclusively on discharging its continued residual functions, which require more complex and long-term consideration.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“A year ago, in this Chamber, my predecessor announced a breakthrough, in the belief that the matter had reached a conclusion (see S/PV.8927). At the time he praised the representative of the Niger, who was serving as President of the Security Council in December 2021, for his country’s acceptance of its duty to relocate those persons on its territory. A year later, our collective inability to find a durable solution reflects negatively not only on the Organization but on the credibility of international justice as a whole. State assistance in identifying and implementing an acceptable solution to this crisis will go a long way to helping the Mechanism to move ahead with its transition plans. Secondly, the Council has requested that the Mechanism provide options regarding the transfer of its remaining activities in due course.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Another serious matter on which the Security Council has called on all States to cooperate with the Mechanism and render it the necessary assistance concerns the eight relocated persons who have been acquitted or completed their sentences. The best way to resolve the situation would be for the existing agreement between the United Nations and the Niger to be observed. The fact that this has not happened has resulted in those persons living under de facto house arrest, despite the fact that they are now free men. The Mechanism, and the International Criminal Tribunal for Rwanda (ICTR) before it, have brought the urgent need to resolve the matter of acquitted or released persons to the attention of the Security Council time and again.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“It threatens the bedrock of the international justice system and the legacy of our court. In the Jojić and Radeta case, the Republic of Serbia has an unequivocal obligation to cooperate with the Mechanism. The national authorities recently informed me that they have no intention of complying with the order issued on 13 May 2019 by the Single Judge, which the Appeals Chamber confirmed on 24 February 2020. Let me say that, while I am disappointed, I am not discouraged. I will continue to raise the matter in the expectation that Serbia will ultimately fulfil its international duties under the Charter of the United Nations, as it has done on a number of occasions in the past relating to contempt of court.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Review processes and evaluations present unique opportunities for improvement and self-calibration. Having the resolution in place from the very start of my mandate has helped me to define the priorities of my presidency and other important areas of focus, and I would like to make a few remarks in that connection. First, the resolution contains a strong call on all States to cooperate fully with the Mechanism. It is a compelling call to action that applies to all crimes enumerated in article 1 of the Statute of the Mechanism. Contempt is among those crimes, as it is not a mere violation of procedural discipline, despite one delegation’s previous suggestion. Respect for the proper administration of justice constitutes an integral part of our system and a sine qua non for the existence of the rule of law. Interference cannot be tolerated.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“In addition, the mechanism made important strides with respect to its other continuous judicial activities arising from functions such as the protection of victims and witnesses, assistance to national jurisdictions and the monitoring of cases referred to national courts, as well as the enforcement of sentences. Those matters regularly call for decisions by Mechanism judges or the President and require sustained effort and resources to see the full cycle of justice through to the end. The recent in-person plenary session of judges held from 28 to 30 November provided a suitable forum for discussing those matters in greater depth. Earlier this year, the Security Council reviewed the progress of the work of the Mechanism, resulting in the adoption of resolution 2637 (2022) in June.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“I have appointed a reserve judge to ensure continuity should one of the judges on the bench become unavailable. The projection for the completion of the trial phase of this case remains by September 2024. Equally, the appeals procedure in the case Prosecutor v. Jovica Stanišić and Franko Simatović, over which I have presided since July, continues to be on track. The next status conference will be held on 19 January, and the in-person appeal hearing has now been scheduled for 24 and 25 January. With those key hearings in place, and with the full support of the judges on the bench, I am confident in confirming that the appeal judgment will be delivered by June. Notably in this case, all of the judges on the bench, except for me, carry out their work remotely.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Before the Mechanism’s end-of- year judicial recess, which starts on 26 December, the Trial Chamber expects to have heard 20 of the approximately 50 witnesses who will testify in Court for the prosecution. The innovative conduct of this case shows excellent inter-branch coordination and the determined will of the Trial Chamber to move trial proceedings along as expeditiously as possible, with full respect for due process and the fair-trial rights of the accused. In addition to The Hague court room, witnesses and counsel can securely participate from the Arusha Branch and the Kigali Field Office, and the accused is able to attend the trial in person or remotely from the United Nations Detention Unit. The judges are supported by a dedicated team of lawyers working from across all duty stations.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“I am happy to report that the Mechanism, one entity with two branches, remains strong and continues to deliver tangible results in the fulfilment of its mandate and is becoming a truly residual body. Institutions are only as effective as the individuals who constitute them. In my first five months, I have witnessed at first hand the tireless efforts of judges and staff alike, all working tirelessly to make further significant progress in relation to the Mechanism’s pending judicial caseload. In that regard, after disposing of the contempt case in Prosecutor v. Fatuma et al. on 29 June, in line with the original projection, we are left with only two main cases, both relating to core crimes. I refer first to the trial against Mr. Félicien Kabuga, which commenced at The Hague on 29 September and is proceeding apace.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source
“Judge Gatti Santana: It is a great honour and privilege to appear before the Security Council today and present the twenty-first progress report of the International Residual Mechanism for Criminal Tribunals. I do so in my new capacity as President of the Mechanism. Mindful of this unique opportunity, I wish to express my gratitude for the trust placed in me and to pledge to lead in exemplary and effective ways. I follow in the footsteps of my predecessor, Judge Carmel Agius, whom I want to publicly praise. His generosity of spirit, combined with his able stewardship and pragmatic approach to solving problems, should serve as an example for our discordant times.”
2022-12-12 · UN Security Council · Security Council, S/PV.9217 (2022) · source