YouSaid · the spoken record

Judge Jallow

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18
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2014-06-05
most recent
2014-06-05
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1
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un-security-council

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  1. Finally, allow me to acknowledge, with appreciation, the Council's resolution 2150 (2014) calling for the urgent and active support of Member States, especially in the Great Lakes region, to realistically show their commitment to the fight against impunity by supporting the Mechanism in tracking and arresting the few remaining fugitives slated for trial in Arusha and in Rwanda. That remains the biggest challenge, not only for the Tribunal, but also for the cause of international justice and accountability.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  2. We therefore consider 2014 a fitting year to organize, as we plan to do, subject to voluntary contributions from Member States, two critical components of the ICTR legacy programme. The seventh Colloquium of International Prosecutors, which will seek to identify the challenges and prospects for the national prosecution of international crimes and the lessons that the work of the Tribunals can offer in that regard. The Colloquium will also be complemented by an international symposium on the contribution of the ICTR to international justice, peace and reconciliation. We look forward very much to the support of Member States to make those events possible.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  3. The Hague branch has been working closely with the liaison prosecutors from Bosnia and Herzegovina, Croatia and Serbia, who are situated at the ICTY-OTP, and we are in the process now of negotiating - and hopefully we will conclude before the next meeting of the Council on this topic - memorandums of understanding with the respective State prosecutors in the region to entrench cooperation and mutual legal assistance and ensure smooth continuity as the Mechanism takes over mutual assistance and cooperation responsibilities. Further, we also had the pleasure of participating in the annual conference of prosecutors in Brijuni this year. I remain confident that the ICTR is on track for the timely completion and closure of its remaining workload, with the conclusion of all cases save the Butare appeal.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  4. Cooperation with the national juridical authorities with respect to that branch is going well. There has, however, been an unforeseen increase in the number of requests for assistance received by the Hague branch. We have had to create a temporary position in order to assist with managing that backlog. Since my last report (see S/PV.7073), the Hague branch has responded to 121 requests for assistance, primarily from prosecutors from the former Yugoslavia.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  5. We have established there an advance ad hoc appeals team to deal with the appeals that we expect to manage, and the branch works closely with the ICTY Office of the Prosecutor, making use of double-batting arrangements to prepare for future appeals and to make efficient use of resources. Regarding judicial activities, I am pleased to report that the briefing of a request for a review of the ICTY judgement against Milan Lukie has been completed. The Hague branch has responded to nine applications for variations of protective measures from national judicial authorities in relation to more than 30 ICTY witnesses. It has also provided information to the Registrar regarding the enforcement of sentences in relation to five persons convicted by the ICTY.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  6. Monitors appointed by my Office continue to monitor the two cases, Uwinkindi and Munyagishari, that were referred to Rwanda in 2012 and 2013, respectively, and Bucyibaruta and Munyeshyaka, which were referred to France in 2007. The trial of Uwinkindi has actually commenced as scheduled on 14 May 2014. Meanwhile, pre-trial proceedings in the Munyagishari case in Rwanda are ongoing, although no firm trial date has yet been scheduled. My recent consultations with French judicial authorities also disclose significant progress in the management of the two cases in France. The oral arguments in the Ngirabatware case, the only appeal pending from the Arusha branch, are tentatively scheduled for 30 June. The Hague branch has, in addition to establishing itselfto its full capacity, been active during the reporting period.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  7. I am pleased to report that the Mechanism has been assured that it will receive effective cooperation in pursuance of our requests. Further visits to more countries in the region are planned before the end of the year. It is my hope that, with increased cooperation between Member States and staff on the ground, the tracking activities and the arrest of the fugitives will be accelerated and yield some results. Tracking will continue to be a top priority for the Mechanism, and so should also be for all Member States. Our Office continues to receive a steady stream of requests for assistance, and in the current reporting period, 51 requests from 10 countries were responded to.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  8. With regard to the activities of the Mechanism, I am pleased to inform the Council that, with the completion of the recruitment of the core staff of the Office in both branches, in Arusha and The Hague, the work of the two branches and the task of inter-branch coordination is progressing well. At the Arusha branch, the creation of a roster of potential staff for recruitment in the event of the arrest of a fugitive is in progress. To enhance further cooperation in the tracking and arrest of the three fugitives, that is, Fe'licien Kabuga, Protais Mpiranya and Augustin Bizimana, I have visited, during the reporting period, several countries in the Southern African Development Community and Great Lakes region of southern Africa and held high-level and productive consultations with Government ministers and senior security officials.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  9. A series of regional training events are being planned on this subject for later this year as a follow-up to the Kampala meeting. I am happy to report that UN-Women has played and continues to play an important role in those activities in relation to a very difficult and critical subject. Like our colleagues at the International Tribunal for the Former Yugoslavia (ICTY), we are also collaborating with the organizers of the global conference in London relating to the investigation and prosecution of sexual violence and look forward to participating in that event.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  10. The staff also continue to assist the staff of the Mechanism's Office of the Prosecutor in a double-hatting capacity whenever required, particularly in connection with the monitoring of referred cases and the preparations for oral arguments in the Augustin Ngirabatware case. Our residual work, especially around good practices and experiences and the preparation of manuals, continues to attract interest from broad quarters and practitioners, particularly in the efforts to meet the challenges of transitional justice. Our cooperation with other United Nations agencies in that respect has been most useful. Our manual on the investigation and prosecution of sexual Violence was completed and launched at an international workshop that I hosted in Kampala in January 2014 and is now available to all Member States and other interested parties.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  11. Alongside the appellate work, which is the only core work that remains, staff of the Office of the Prosecutor (OTP) remain actively engaged with the completion of the remaining critical activities, including the updating of all records of past disclosures for a smooth transition to the Mechanism. The archiving of the OTP's records continues apace, and with the commissioning of the OTP's archives store, which was mentioned in my most recent report, more records are positioned for transfer to the Mechanism's archives. In the past six months, a further 225 boxes of documents in respect of 5 cases were handed over to the archives. The processing, appraisal and security classification of all Office records continues in order to ensure proper archiving.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  12. Earlier in the reporting period, the Appeals Chamber also completed the hearing of oral arguments in the Karemera et al and Ngirumpatse appeals, at which session it also delivered judgements against three accused in the Ndindiliyimana et al (Military H) appeal. Prior to that, judgement on the Ndahimana case was delivered on 16 December 2013. We are now awaiting a judgement is now awaited in the case of Augustin Bizimungu, whose appeal was severed from the other Military 11 accused, as well as in the Nizeyimana and Nzabonimana cases. Oral argument in our last appeal - the Butare case, in which there are six accused - has not yet taken place, but my staff are actively engaged in preparing for it, litigating a large number of post-trial motions and preparing for final submissions in that case.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  13. Witnesses who require protection need to be secured against those continuously seek to subvert the process of justice. Those who have been acquitted or have finished serving sentences need to be assisted with resettlement. These are all matters in which only Member States can assist to provide solutions, and we look forward to their full cooperation in all these respects. Turning to the work of the ICTR during this past period, I am pleased to report that, with the completion of the oral arguments on appeal in the Nizeyimana and Nzabonimana cases, the Tribunal's remaining workload continues to be reduced and is on track for timely completion.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  14. As we commemorate the twentieth anniversary of that tragic event and prepare for the imminent closure of the ICTR and the complete takeover of its functions by the Mechanism, we need to recognize that, despite many achievements, much remains to be done to bring the process of legal accountability to a proper end. Member States need to cooperate with and support the Mechanism and Rwanda to ensure that the nine remaining fugitives are arrested and transferred to the appropriate jurisdiction for trial. The many other persons suspected of involvement in the genocide who could not be indicted by the Tribunal need to be extradited to Rwanda for trial or to another appropriate jurisdiction or prosecuted by the States in which they reside.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  15. Several other countries, in Europe and the Americas particularly, have also contributed to the process by undertaking the local prosecution of genocide suspects, extraditions or deportations of suspects or acceptance of cases for trial on referral from the ICTR. The process of accountability has thus been a truly global effort. Underpinning it all is the sacrifice of thousands of victims and survivors who have come forward and testified before the courts, reliving their bitter experiences in order to assist the courts in establishing the truth and rendering justice. To all those States and to the witnesses, we owe a debt of gratitude.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  16. Two indictments were withdrawn prior to trial, three accused passed away prior to trial, and we have now referred ten cases to national jurisdictions for trial. We still have nine fugitives at large, six of whom have had their cases referred to Rwanda, and three fugitives have had their cases reserved for the International Residual Mechanism for Criminal Tribunals. The process of justice and accountability has not, it must be acknowledged, been exclusively the preserve of the International Court. Rwanda, through both its conventional courts and its traditional gacaca courts, has undertaken the prosecution of the bulk of perpetrators of the genocide and contributed significantly to the restoration of peace and the reconciliation of the community.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  17. Rwanda's tragedy of 1994 acutely highlights the need for effective measures to prevent mass atrocities and for timely and effective steps by the international community to protect communities that face the threat ofor are already subject to such atrocities. We hope that the role of the ICTR in the process of post-genocide justice and reconciliation in Rwanda has provided a basis for effective accountability for such crimes and further strengthening of the international community's resolve to ensure that such atrocities are indeed never again allowed to occur. The ICTR, in the course ofits mandate, has indicted 93 leading figures, of whom 61 thus far have been convicted of genocide, crimes against humanity or war crimes and 14 have been acquitted at trial or on appeal.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source

  18. Judge Jallow: Today's meeting takes place against the backdrop of the recent commemoration by the Security Council, Rwanda, the International Criminal Tribunal for Rwanda (ICTR), the International Residual Mechanism for Criminal Tribunals and, indeed, the world at large of the twentieth anniversary of the 1994 Rwandan genocide against the Tutsis. It is also in anticipation of the twentieth anniversary of the establishment of the ICTR by the Council. In that context, we at the ICTR and at the Mechanism share the expression of remorse by Council members over the occurrence of that great tragedy. We commend the Council's unflinching support for justice and accountability, as well as its commitment to make never again a reality.

    2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source