YouSaid · the spoken record

Judge Joensen

lines on the record: 119
first: 2012-06-07
most recent: 2015-12-09
sittings or episodes: 7
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

“The great experiment has faced some adversity over the years, but it has also proven to be an integral part of the evolution of post-conflict justice. We plan to recall all of the Tribunal's achievements and challenges through a series of international events surrounding the 8 November anniversary. We sincerely hope that the international community will fully engage in and support those efforts. It has been my distinct honour to address the Council once more, and on behalf of the Tribunal, I wish to express our gratitude for the support that the States Members of the United Nations have shown us throughout the past two decades. Continued assistance from Member States is crucial to the efforts that we are making to ensure that the Tribunal can close its doors with its mandate completed and its legacy secured.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“As Rwanda and other countries continue to work to hold those responsible for international crimes accountable, it is clear that the jurisprudential legacy of the ICTR will live on until, as Secretary-General Ban Ki-moon appropriately put it, "genocide is consigned, once and for all, to history". The Secretary-General's message was delivered by Bongani Majola, ICTR Registrar, in Arusha at the 10 April commemoration (SG/SM/15763). As we look ahead, it is also important to note that 8 November 2014 will mark 20 years since the Council saw fit, initially at the request of Rwanda, to create an international tribunal. We hope that the international community will use the occasion as an opportunity to mark Rwanda's achievements, as well as to further study the lessons learned from what was only an experiment in international justice in 1994.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“The development of Rwanda's judicial system, including holding accountable those who participated in the atrocities in 1994, remains a crucial part of the peace and reconciliation process in Rwanda, and there can be no question that the ICTR has played an important role as an accountability mechanism. It is a testament to Rwanda's dedication to accountability that, as the Tribunal's mandate draws near to a close, Rwanda is currently in the process of trying two cases referred to it by the ICTR and has taken over responsibility for six of the remaining fugitives.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“In April, representatives from the ICTR, including myself, the Prosecutor and the Registrar, participated in commemorative events in Kigali, Arusha and Dar es Salaam. Those events very fittingly reminded the world of those 100 dark days that took the lives of more than 800,000 people and ofthe resiliency ofa country whose determination to rebuild a society after unspeakable devastation represents a monumental achievement that will not soon be forgotten. Rwanda's achievements over the past 20 years are quite impressive, including the creation of a stable and functioning Government, whose commitment to national reconciliation and the strengthening of the rule of law can be seen in, as one example, its vigorous efforts to rebuild its justice system.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“I will conclude by recalling that, since April, Rwanda has been marking the twentieth anniversary commemoration and honouring the victims of the 1994 genocide. Overwhelmingly, the Victims of the atrocities in 1994 were Tutsi, against whom the ICTR has stated, as a fact of common knowledge beyond dispute, that a genocide was committed. But they were also Twa, moderate Hutu and others who stood in opposition to the genocidal campaign, all of whom suffered the same tragic fate as their Tutsi brothers and sisters. Very fitting efforts to honour the victims of the genocide have already taken place, and further efforts are being planned to continue the commemoration for all victims of the genocide.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“I am happy to report that, as of 5 May, the Tribunal has transferred to the Mechanism a total of approximately 630 linear metres of records with long- term to permanent retention value, out of an estimated total of 2,621 linear metres of records that are being appraised for transfer by the end of the ICTR mandate. After a great deal of work done on assessing records in the past six months, additional records will be ready for transfer to the Mechanism during the coming months. However, records still in active use, including records related to the Butare case, will remain the responsibility of the ICTR and will be transferred only once they are no longer in use. The Tribunal remains hopeful that the preparation and transfer ofits records will be completed prior to its closure.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“However, ICTR staff members continue to assist the Mechanism as interim monitors, pending the finalization of the Mechanism's arrangements with an international organization or body to monitor all referred cases. In accordance with article 27 of the Rome Statute, the Mechanism is responsible for the management of the archives for both Tribunals. The ICTR continues to work in close cooperation with the Mechanism to ensure that the records are prepared in a manner that will facilitate effective management by the Mechanism after the transfer.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“In February, the IOM. and my Office held very promising initial meetings with key stakeholders in Rwanda, including the Rwandan Government, victims and survivors associations and civil society. Further consultations and preparations for the next stage of the project are expected to begin shortly, following the conclusion last week of a formal memorandum of understanding between the IOM. and the Rwandan Government. I will now provide the Council with an overview of the progress that has been made with respect to the transition to the International Residual Mechanism for Criminal Tribunals pursuant to resolution 1966 (2010). During the reporting period, the administration of the monitoring of all ICTR cases referred to national jurisdictions became fully the responsibility of the Mechanism.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“Unfortunately, as more time passes without positive results, it becomes less likely that those individuals will be relocated before the ICTR closes, and, as such, the Tribunal must once again call for urgent assistance from the Security Council to find a sustainable solution to the issue. I will now update the members of the Council on the progress regarding the issue of reparations for victims of the genocide. I am pleased to announce that, following a request from victims' associations and initial discussions between my Office and the International Organization for Migration (IOM), which I explained in my last report to the Council (S/2013/460), IOM. has secured funding through a generous donation by the Government of Finland to undertake an assessment study on how the issue of victims' reparations could be taken forward.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“Despite numerous Security Council resolutions calling upon Member States to assist the ICTR in its relocation efforts, all attempts made by the ICTR to relocate the remaining individuals have proven unsuccessful. Since the last report to the Council (S/2013/460), and consistent with the framework of the strategic plan submitted to the Informal Working Group on International Tribunals in the past year, the Registrar and I met with representatives from European countries. The Registrar also visited countries in Africa and held discussions with the African Group and the Chair of the African Union Commission in Addis Ababa to present the idea of the relocation of one or more acquitted or released persons.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“I note that during the reporting period, the number of acquitted persons increased from seven to nine, following the acquittal of two individuals in the Ndindiliyimana et al. case in February, and the number of convicted released persons rose from two to three, following the release of Innocent Sagahutu after we filed our written report (see S/2014/343) on 5 May. Mr. Sagahutu was released following a reduction in his sentence by the Appeals Chamber in February and was eligible for consideration for early release, which was granted on 9 May. The issue of relocating the now 12 individuals currently residing in Arusha has been brought to the Council's attention on numerous occasions and is an issue that I continue to believe represents a serious challenge to the credibility of the enforcement of international criminal justice.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“As the Council is well aware, however, the Tribunal is more than just its judicial component, and I would therefore be remiss ifI did not also thank all the current and former ICTR staff outside the judicial teams. Their contributions to international justice have helped us reach the stage we are at today and will not soon be forgotten. As we look back on almost 20 years of work, it is Clear that the staff of the Tribunal, some of whom have committed large parts of their working lives to it, represent a significant part of the ICTR's legacy and what it will leave for posterity. I now turn to the issue of relocating the acquitted and convicted released persons still residing in Arusha.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“I remain in contact with the Presiding Judge on the Butare appeal, and I am happy to report that the allocation of additional resources to this case has helped to prevent the additional delays that could potentially have occurred due to the continued volume of pre-appeal litigation. The Registrar and I continue to work closely with the Presiding Judge on Butare to try to ensure that the judgement in our final case will be delivered without any further delays. I feel it is incumbent on me at this time to bring to the Council's attention, as I have in the past, the tireless work and dedication of the appeals judges and support staff of the Appeals Chamber, who have once again worked during this reporting period to very tight deadlines to ensure that the Tribunal's work remains on schedule.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“("Military II") case in June, while three other appeal judgements concerning four persons are projected to be delivered in September. This leaves only the Nyiramasuhuko et al. ("Butare") case, concerning six persons, in which the appeal is still scheduled to be heard before the end of 2014, with the judgement still not projected for completion before the end of July 2015. As I have previously reported, the projected delivery of the appeal judgement in the Butare case reflects the delays in the briefing schedule, the fact that the scope ofthe appeals in this case has expanded since the initial notices of appeal, and the voluminous and complex pre-appeal litigation.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“I wish to express the gratitude of the entire Tribunal to all Governments represented on the Council for their continued support as we approach the conclusion of two decades ofjudicial work. I am happy to report that the Tribunal's judicial workload, which or some time has been only in the Appeals Chamber, remains on schedule since my last report (S/2013/663) in December 2013. The Appeals Chamber has delivered two judgements concerning four persons and heard appeals in three cases concerning four persons during the six months since the last report. Appellate proceedings have now been concluded with respect to 50 persons, and the Appeals Chamber is expected to render a judgement on the sole remaining accused in the Ndindiliyimana et al.”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“Judge Joensen: I would like to begin by extending my sincere congratulations to the representative of the Russian Federation presiding over the Security Council in June. I would also like to thank and congratulate the representative of Chile on assuming the role of Chair of the Informal Working Group on International Tribunals. I wish both of them successful tours of duty. I would also like to take this opportunity to renew my thanks to the Office of the Legal Counsel for its continued work over the past six months as a very able and neutral interlocutor between the Tribunals and the Security Council. It is as always a great honour to address the members of the Council and present it with a current update on the progress being made towards completion of the work of the International Criminal tribunal for Rwanda (ICTR).”
2014-06-05 · UN Security Council · Security Council, S/PV.7192 (2014) · source
“Such empowerment of national institutions has substantiated the Tribunal's commitment to implementing the rule of law and may, ultimately, allow for impunity to be successfully challenged in a lasting way at all levels. However, we are in desperate need of increased cooperation with respect to relocation and trust that Member States will do what is necessary to help us accomplish that important task before closure. It has been and continues to be an honour and a privilege to take part in this important task, and it has been a great honour for me to address the members of the Council today.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Before facing the renewed challenges that the next chapter will bring, we would, however, be remiss if we did not underline how far we have come with Member States' cooperation and the crucial role it has played, as well as the difficulties we will face without reinvigorated efforts in certain areas. The tremendous support of the international community for the ICTR has enabled it to not only prosecute those most responsible for the Rwandan genocide, but also, in turn, to assist national jurisdictions that are able to complement its work, thereby further strengthening accountability for the most serious crimes under international law.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The Tribunal has helped to ensure that those events are never forgotten through its outreach and capacity-building initiatives, and we recognize the need to ensure that the Tribunal's records are readily accessible to the people of Rwanda in posterity. The transition to the Mechanism, which is notably tasked with maintaining and furthering the Tribunal's legacy, marks the etching of a new chapter into the history of international law. The writing of that next chapter has already begun, with the work of the International Criminal Court and the Special Tribunal for Lebanon. With the impending closure of the ad hoc Tribunals, the Mechanism will ensure that their legacy is preserved and that the lessons learned are shared with their successors.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“However, we must bear in mind that some records which are still in active use in support of the functions of the ICTR, including active files related to the Butare case, will remain our responsibility and can only be transferred once they are no longer in use. Those records are expected to be handed over as part of the liquidation process after the ICTR's formal closure. 1 will conclude with some thoughts on our place in history. Since its inception, the ICTR has sought to contribute to the process of reconciliation in Rwanda by helping to restore a sense of justice and playing a role in the development of a lasting peace in the Great Lakes region. Rebuilding that sense of justice has paved the way for moving past the events of 1994.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“With respect to the preparation of the ICTR's archives, much progress was made during the reporting period, as the Tribunal is now in a position to transfer 40 per cent of its hard-copy records to the custody of the Mechanism, including 60 per cent of the judicial records. The actual handover process for those records is scheduled to begin later this month, since renovations ofthe temporary record repositories - which will house the records until they are moved to the Mechanism's new building - are almost finalized. The target date for the completion of the records handover process remains December 2014, and we anticipate that all closed judicial records will have been handed over by then.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The monitoring of all referred cases also falls under the Mechanism's responsibility, although the ICTR Registrar and I will continue to help oversee the administration of the interim monitoring of the Uwinkindi trial and that of Bernard Munyagishari, once he is transferred to Rwanda by ICTR staff, until the Mechanism concludes a final agreement with an organization in each case. I would like to take this opportunity to thank President Meron and Registrar Hocking for the excellent cooperation between the ICTR and the Mechanism throughout the transition, which I am confident will continue until the handover is complete.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Despite the persistent staffing challenges, the Tribunal has successfully met its projected deadlines and remains with only appellate work and the continuation of the transition to the Mechanism, going forward. The transition is well under way, as the handover of judicial functions to the Mechanism is now complete and, as the Prosecutor will describe in more detail, a smooth transfer of prosecutorial tasks remains on track. In addition to the Ngirabatware appellate proceedings, the Mechanism's jurisdiction now encompasses requests for review of ICTR judgements, trials for contempt of court or false testimony from ICTR trials and trials of the remaining three top- priority ICTR fugitives, once arrested.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The Tribunal also is still experiencing difficulties in retaining experienced staff due to the lack of financial incentives to stay and complete their work and the lack of possibilities for upward mobility. I once again wish to express the gratitude of the Tribunal to the Department of Management, especially the Office of the Controller and Human Resources Management, which have steadily assisted the ICTR in meeting the challenges to preventing any further delay in the completion of its mandate. Their collaboration on implementing mitigating strategies in line with the applicable staff rules and regulations has also afforded staff members much-needed support in transitioning from the ICTR to other careers.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“That is why I have worked closely with the Registrar to develop a strategic relocation plan which was recently submitted to the Informal Working Group on International Tribunals. We call upon all Member States, in particular those members of the Council in a position to do so, to assist with that persistent problem, and thank those that have already enhanced their cooperation with the Tribunal in that respect. I next turn to downsizing and the transition to the Mechanism. The Tribunal continues to face staff recruitment and retention challenges arising from the downsizing process. Where recruitment is required, the ICTR continues to have difficulty attracting suitably qualified candidates given the limited contractual security that it can provide as a closing institution.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“I continue to see as a cornerstone of my presidency the deployment of all possible efforts in that regard; during the reporting period, I increasingly applied my energies to persuade Member States to assist with relocation. There are now seven acquitted persons, one of whom was acquitted in 2004, and three persons released after the completion of their sentences who remain in safe houses in Arusha, under the Tribunal's protection. Those 10 individuals remain on Tanzanian territory without proper immigration status and are unable to move freely. The ICTR is deeply concerned about the consequences of failing to uphold the fundamental right of freedom to live one's life after being acquitted. The importance of finding host countries for those persons before the Tribunal closes cannot be stressed enough.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“In order to try to mitigate any detrimental effect on the completion of appeals work that would come with the loss of such an esteemed judge, I will be sending a letter to the Secretary-General requesting the swift appointment of a replacement for Judge Vaz, and expressing how important it is that the replacement judge have a deep knowledge and understanding of the Tribunal's jurisprudence and practice, so that no time will be lost in dealing with the heavy workload remaining for appeals. I turn now to an important issue that the ICTR has been raising with the Council for several years. The enhanced cooperation of Member States to assist with our persistent and increasingly dire problem of relocating persons who have been acquitted or released after completion of sentence by the Tribunal is crucial to the completion of our mandate.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“The swift action taken on that request has helped ensure that the Tribunal will continue to meet its completion strategy targets. As projected in our last report, two of the three judges on the Ngirabatware case demitted office after completion of their final case, and the third, Judge William H. Sekule of Tanzania, was redeployed to the Appeals Chamber in March 2013, bringing the number of permanent judges sitting in the Appeals Chamber to 11 at that time. On 31 May, Judge Andresia Vaz of Senegal resigned from her position as appeals judge, returning the total to 10 judges on the appeals bench. The preeminent knowledge and experience that Judge Vaz brought to the bench will be sorely missed. and reassigning the 10 cases she was working on has increased the strain on the other judges.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Additionally, after reviewing the written judgement in a language they could understand, several appellants requested leave to expand the scope of their appeals beyond that in their original Notices of Appeal, which the projected Butare completion date of December 2014 was based on. All those circumstances have led to the current projected completion date of July 2015. In all other cases, however, I am happy to report that the appeals work remains on schedule and all appeals except Butare are on track to be completed in 2014. I would next like to take this opportunity to express my gratitude to the Council for its adoption of resolution 2080 (2012), which extended the terms of the ICTR Appeals Chamber Judges until the end of 2014 or until completion of the cases to which they are assigned, if sooner.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“This slip in the final case's projected completion was caused by inability of our language services to meet the accelerated plans for translation of the Butare trial judgement and other documents pertaining to the appellate proceedings, which the defence is legally entitled to receive in a language that the accused can understand before filing their appeal briefs. Although the Tribunal made every effort to meet the accelerated schedule by providing the translated Butare trial judgement by August 2012, with the remaining staffing levels in our language section, the final French version could be completed and delivered to the parties only in February. That meant that the briefing schedule for the appeal had to be pushed back as well.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“I would also like to call the Council's attention to the fact that the Appeals Chamber has met its accelerated projections to date, delivering one appealjudgement concerning two persons in the case of Mugenzi and Mugiraneza in February. It also rendered a final decision upholding the Trial Chamber's referral of the Munyagishari case to Rwanda on 3 May. Bernard Munyagishari is expected to be transferred to Rwanda imminently, and appeals projections in the remaining cases have stayed roughly the same, save for the Butare appeal slipping into 2015. Five of the six remaining appeals cases concerning nine of the remaining 16 persons are still expected to be disposed of before the end of 2014, and the final multi-accused appeal judgement concerning six persons in the Butare case is now anticipated by July 2015.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“I am happy to report that all substantive trials have now been completed with the delivery of the trial judgement in the Ngirabatware case in December 2012. Thanks to the continued hard work and dedication of our staff, the ICTR successfully met its timelines for trials and appeals as projected when I last addressed the Council six months ago (see S/PV.6880). As expected, the notice of appeal in the Ngirabatware case has been filed with the Mechanism, marking the first time that it will handle an appeal from judgement in a case before the ICTR or the International Criminal Tribunal for the Former Yugoslavia. That is an important milestone in our transition.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Five of the six remaining ICTR appeals cases remain on track for completion before the end of 2014, and the transfer to the Mechanism ofjudicial records not in active use is expected to be completed by the end of 2014. The Mechanism is now handling its first appeal from an ICTR trial judgement, and I have been actively involved in judicial matters handed over to the Mechanism in my role as Duty Judge of its Arusha branch. Relocating acquitted persons and those released after completing their sentences in Tanzania remains a pressing concern and will require the enhanced cooperation of Member States. Finally, owing to difficulties that I will explain shortly, the ICTR is now projecting completion of its final appeals judgement in the Butare case by July 2015. I will begin by explaining the status of the trials and appeals.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“Judge Joensen: I would like to begin by congratulating the delegation of the United Kingdom on its presidency of the Security Council for June. I wish you all the best for a successful tour of duty, Mr. President. It is a great honour for me to address the members of the Security Council and present to them the current update on the completion strategy of the International Criminal Tribunal for Rwanda (ICTR). I wish to express the appreciation of the entire Tribunal to all of the Governments represented on the Council for their continuing support as we draw ever closer to the conclusion of our work. The ICTR has now completed all trial work, has successfully met all timelines projected in December for appeals, and has finalized its decision to transfer the second case of an accused in custody to Rwanda.”
2013-06-12 · UN Security Council · Security Council, S/PV.6977 (2013) · source
“As the ICTR becomes the first ad hoc tribunal to complete its trials, we have faith that the Council's creation of the Mechanism for International Criminal Tribunals will continue the important work that was started by the ICTR and ICTY and further the evolution of global criminal justice. It has been and continues to be an honour and privilege to be a part ofthis important stage in history, and it has been a great honour for me to address the Council today.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The world of international criminal justice has undergone an immense evolution in the 18 years since the ICTR began its work. In that short time, we have seen the creation of hybrid tribunals where nations may take a more active role in the prosecution of war crimes and crimes against humanity committed on their territories, a permanent International Criminal Court promising to prosecute all perpetrators of the most heinous crimes of concern to the international community, and vast advancement in national legislation enabling States to prosecute crimes they were previously unable to handle alone.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The 93 men and women indicted by the Tribunal stood accused of planning and executing one of the most brutal and efficient campaigns of targeted killing of civilians that the world has ever seen. Although the Tribunal did not manage to arrest all of those indicted, through the referral to Rwanda of six fugitive cases and handing over of responsibility for the tracking of the remaining three top-level fugitives to the Mechanism, the fight against impunity will continue unabated. The international community and Rwanda have made it clear through their continued intensive tracking efforts that although the Tribunal will soon close, the remaining suspects who stand accused of some of the most heinous crimes known to man will not escape justice.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The Tribunal's activities geared towards seeking justice, national reconciliation and capacity-building remain strong, so that the ICTR can serve as an example for both creating and closing an international legal institution. Member States and Tribunal staff members have been indispensable in providing the support and hard work necessary for the ICTR to become a court that has not only challenged impunity but has also added a new dimension to international law. After nearly two decades of work, the ICTR will shortly deliver judgement in its final genocide trial, marking the end of our work with respect to the trials of 93 persons indicted by the Tribunal.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“By the end of 2012, the ICTR will be in a position to transfer 25 per cent of its hard-copy records to the custody of the Mechanism. The actual handover process for those records will begin as soon as renovations of the record repository are completed. The target date for the completion of the archive handover process is December 2014, bearing in mind that the records that are still in active use in support of ICTR functions cannot be transferred to the custody of the Mechanism until the ICTR officially hands over responsibility for the related functions. As the work of the ICTR concludes, the Tribunal is striving with renewed vigour to preserve the efforts of the international community to help bring justice to Rwanda and build sustainable peace in the region.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“However, the ICTR Registrar and I continue to oversee the administration of the monitoring of the already pending Uwinkindi case in Rwanda, in close consultation with the Mechanism. The ICTR and ICTY currently provide the administrative support for the Mechanism, and plans are in place to reduce the reliance of the Arusha branch of the Mechanism on the Tribunals by the beginning of 2014, or earlier where possible. In terms of preparing the ICTR archives for the custody of the Mechanism, much progress was made during the reporting period. In July 2012, the Secretary-General's bulletin on information sensitivity, access and handling of the records of the Tribunals (ST/SGB/2012/3) was promulgated, and the ICTR retention schedule was approved in August.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“1 therefore continue to call on all members of the Council to do their part in helping to ensure that we uphold this fundamental right of freedom to live one's life after being acquitted by an international tribunal. I will now provide further detail on the transition to the Arusha branch of the Residual Mechanism. As previously stated, the Arusha branch was launched on 1 July 2012 with the immediate transfer ofmostjudicial and prosecutorial functions from the Tribunal to the Mechanism. Any appeals filed after 30 June are now the responsibility of the Mechanism. That includes any appeals that may be filed after the Ngirabatware trial judgement is rendered later this month. The judicial function of monitoring cases referred to national courts is now also the responsibility of the Mechanism.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“With the imminent completion of current trial activities, I continue to see as a cornerstone of my presidency that I should enhance my role in those efforts. I will continue to increasingly apply my energies to persuade Member States to assist with relocation. There are five acquitted persons who remain in the safe houses in Arusha under the Tribunal's protection, one of whom has been in Arusha for more than six years since the confirmation of his acquittal by the Appeals Chamber. The resettlement of acquitted persons is considered a fundamental expression of the rule of law, and the ICTR is deeply concerned about the consequences of failing to fulfil that obligation and leaving relocation for the Residual Mechanism.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“I again express the gratitude of the Tribunal to the Department of Management, especially the Office of the Controller and Human Resources Management, which continue to provide the Tribunal with support for exploring and adopting additional measures and a common strategy to address the challenges of downsizing and separation of staff. I must also praise the Human Resources and Planning Section of the Tribunal, which continues to prepare staff for the transition to other jobs after the Tribunal amid an already increased workload in that Section due to retention and separation activities. I now turn to the persistent problem of relocating persons who have been acquitted by the Tribunal. I am the third ICTR President to call on the Council to assist with our perilous problem of finding countries to receive acquitted persons.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The downsizing process continues apace, with an overall reduction of more than one third of the authorized 2010-2011 levels expected by the end of 2013. However, ensuring the existence of a fair and transparent decision-making process for the downsizing of posts has put additional strain on programme managers. Thus they are required to perform retention exercises in addition to their regular workload. Moreover, their workload is already greater, due to restructuring plans that require all retained staff to perform an increasing range of functions.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Where recruitment is required, the Tribunal continues to have difficulty attracting suitably qualified candidates, given the limited contractual security that we, as a closing institution, can provide. The ICTR continues to experience difficulties in retaining experienced staff, due to the lack of financial incentives to stay with the Tribunal to complete their work and the few possibilities for upward mobility. Many staff members, therefore, have been leaving the Tribunal to accept offers of employment elsewhere, either within or outside the United Nations system. It is Vital that we work to retain the necessary staff until the expiry of contracts in line with the downsizing plans in the remaining time, so that we may complete all the necessary work within the current projections.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The President of the International Tribunal for the Former Yugoslavia (ICTY) has filed a similar request with respect to the ICTY appeals judges who also sit on ICTR appeals. The ICTR request is based on the projected completion of our appeals work, which has remained on track despite delays in translation and recruitment of the additional judicial support staff necessary to handle the increased workload in the Appeals Chamber. The extension of the terms of these judges, as well as those of the ICTY appeals judges, is imperative for the timely completion of our remaining work. Next, I turn to staffing. Staff recruitment, retention and separation continue to be a challenge as we progress through the completion process.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“As projected in my last report (see S/2012/349), all other trial judges demitted office by 30 June, with the exception of Judge Bakhtiyar Tuzmukhamedov, who was redeployed to the Appeals Chamber to further strengthen the complement of judges working towards timely completion of the remaining appeals. Two of the three judges on the Ngirabatware bench are expected to demit office once the written trial judgement is filed, and the third, Judge Sekule, is expected to be redeployed to the Appeals Chamber at that time. I recently submitted a request for extension of the terms of office of the ICTR appeals judges until the end of 2014 or until the completion of the cases to which they are or will be assigned, if sooner.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“The remaining appeals remain projected to be completed by the end of 2014, with three appeals concerning seven persons to be delivered by the end of 2013 and the final four appeals concerning ten persons expected by the end of 2014. I would like to take this opportunity to express my gratitude to the Council for adopting resolution 2054 (2012), which permitted me, as President, as well as the trial judges on the Ngirabatware case, to serve beyond the expiry of our terms of office in order to complete our remaining work. The swift action taken on that request helped ensure that the Tribunal will continue to meet its completion strategy targets.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“Despite the continued premature departures of staff in Chambers, combined with unanticipated litigation challenging the ability ofjudgement drafting and trial teams to complete their work on time, all projections for trial and appeals work during the reporting period were met and the final genocide trial judgement in the Ngirabatware case will be rendered this month in line with the projection in our last report. The delivery ofthe Ngirabatware judgement, scheduled for 20 December 2012, will mark the end of substantive trials at the ICTR, and unless the decision to refer the Munyagishari case to Rwanda is reversed on appeal or arrests are made in the two contempt of court or false testimony cases, which would not go to the Mechanism, the ICTR will have only the pending appeals to finish.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source
“During the reporting period, two trial judgements were delivered in the Nzabonimana and Nizeyimana cases. Nizeyimana was one of the fastest trials for its size, further showing that efforts to improve efficiency in recent years have had a positive impact, especially in single accused trials. One appeals judgement was delivered in the Gatete case in October 2012, marking the completion as projected of four appeals judgements concerning four persons in 2012.”
2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source