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

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  1. “In the coming months, the major challenges will be the continued transition of the remaining functions to the Mechanism and the preparation of archives for handover amid the continued departure of key staff prior to the planned abolition of posts. The Tribunal has continued to focus on reducing the judicial workload, having referred three additional cases to Rwanda during the current reporting period of 12 May to 5 November 2012. Those referrals reduced the Tribunal's workload to one trial judgement and have helped us to remain on track with the current Completion Strategy goals for a timely closure. Only one referral request, the Munyagishari case, awaits final conclusion. The Trial Chamber's decision to refer that case to Rwanda is currently under appeal, with a decision in the matter expected to be rendered in early 2013.”

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  2. “I am happy to report that the transition from the International Criminal Tribunal for Rwanda (ICTR) to the Arusha Branch of the International Residual Mechanism for Criminal Tribunals is now well under way and progressing according to plan since the Mechanism's opening on 1 July. With the transfer of nearly all judicial functions to the Mechanism and the imminent completion of the Tribunal's final genocide trial, the administrative energies of the Tribunal are increasingly spent on downsizing and providing the necessary support to the Mechanism in order for it to continue to progress toward full assumption of the residual functions of the Tribunal upon our closure.”

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  3. “Judge Joensen: I would like to begin by congratulating the Permanent Representative of Morocco, who is presiding over the Security Council in December, as well as the representatives of Argentina, Australia, Luxembourg, the Republic of Korea and Rwanda for their nations" election to the Security Council beginning in January 2013. I wish them all the best for successful tours of duty. 1 would also like to thank the representatives of Colombia, Germany, India, Portugal and South Africa for their nations' service to the Security Council as they near the completion of their terms and to express the appreciation of the entire Tribunal to all the Governments of the Security Council for their continued support as we draw ever closer to the completion of our work.”

    2012-12-05 · UN Security Council · Security Council, S/PV.6880 (2012) · source

  4. “As the remaining days of the ICTR become fewer and the Residual Mechanism begins to take shape, we will continue to ensure that knowledge gained and lessons learned are put to good use, both for creating the institution charged with continuing the residual functions of the Tribunal and for sharing best practices for the closure of international legal institutions. Moreover, our efforts at capacity-building and education for the region will remain strong, so that the Tribunal's impact will not only be one of challenging impunity, but also of helping to improve the means for dispensing justice for an entire region.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  5. “Efforts to prepare the Tribunal's archives and records for transfer to the Mechanism are well under way, and coordinated efforts will increasingly continue in the coming months. Wherever possible, we have harmonized our draft retention schedules with those of the ICTY and we have finalized guidelines on the appraisal and disposal of records and the preparation of records for transfer to the archives. The Tribunals have finalized their coordinated efforts and have submitted a draft Secretary-General's bulletin on information sensitivity, classification, handling and access of the records of the Tribunals and the Mechanism. We look forward to the finalization and release of that important document.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  6. “I would also like to express my deep gratitude to the ICTR Registrar for all that he and his staff have done to assist with making practical arrangements for the coordinated provision of administrative and other services to the Mechanism, in line with resolution 1966 (2010). Since January, the ICTR has been working on the provision of a fully functional office space for the Mechanism within the Tribunal's current premises. The Tribunal has also supported the Mechanism in staff recruitment and financial and budgetary matters and assisted the Mechanism in establishing its relations with the host country. The ICTR Registry continues to share information and know-how in the areas of witness support and protection and the enforcement of sentences, in order to facilitate the smooth transfer of those functions to the Mechanism.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  7. “From 1 July, many judicial and prosecutorial functions will begin to be officially handed over to the Mechanism, along with responsibilities for the Tribunal's archives, the protection of witnesses and numerous other functions currently handled by the Tribunal. I am very pleased with the status of efforts to ensure a seamless transition. I would like to thank the President, the Registrar and the Prosecutor of the Residual Mechanism for their tireless work in that regard. It has been, and will continue to be, my honour and privilege to do everything in my power to assist them in that endeavour.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  8. “With the near completion of all trial activities, I see it as a cornerstone of my presidency to enhance my role in those efforts. In that regard, I will be increasingly applying my energies to persuading Member States to assist with relocation. I have already begun my work in that regard by lobbying for our acquitted persons. I continue to do so today by calling upon all members of the Council to do their part in helping to ensure that we uphold the fundamental right of freedom to live one's life after being acquitted by an international tribunal. I will now provide the Council with an update on the role that the ICTR is playing in the preparations for the Arusha branch of the International Residual Mechanism for Criminal Tribunals. The Arusha branch of the Mechanism will open its doors in less than one month.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  9. “We must express our gratitude to the Department of Management, especially the Office of the Controller and the Office of Human Resources Management, which continue to provide the Tribunal with support to explore and adopt additional measures and a common strategy to address the challenges of downsizing and separation of staff. That includes the implementation of the previously planned establishment of the outplacement office to assist Tribunal staff who have applied for various positions within the United Nations system. I now turn to the issue of relocating persons who have been acquitted by the Tribunal. Both of my predecessors in Office have brought to the Council's attention the persistent problem of finding countries to receive acquitted persons.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  10. “Although we continue to work within the resources available and to make significant progress, staff retention always has the potential to adversely impact the successful and timely completion of our work. The downsizing process that began in 2008- 2009 continues with the proposed abolition of 212 posts during the 2012-2013 biennium. That will mean an overall reduction of more than one third of the authorized 2010-2011 levels. A fair and transparent decision-making process concerning staff retention during the downsizing process puts additional strain on programme managers, who are thus required to perform retention exercises in addition to their regular workload. Moreover, their workload has already increased due to restructuring plans, which require all retained staff to perform an increasing range of functions.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  11. “In continuation of a recurring theme in recent reports, staff recruitment, retention and separation persist as ongoing challenges as we progress in the completion process. Where recruitment is required, the Tribunal has 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, who lack financial incentives to stay with the Tribunal to complete their work, have few possibilities for upward mobility and have reduced contractual security. They have therefore been leaving the Tribunal to accept offers of employment elsewhere, either within or outside the United Nations system.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  12. “For the third case, Ngirabatware, it is now clear that the trial judgement will not be delivered before 30 June, so the appeal will certainly go to the Residual Mechanism. Next, I turn to an important recent request that I have sent to the Security Council and the General Assembly seeking the extension of the terms of office for the trial judges on the Ngirabatware case and the President, to correspond with our remaining work. The terms of the judges on the Ngirabatware bench are required to be extended until December 2012, or until judgement is rendered, if earlier. My term is required to be extended until December 2014, in line with the projected completion of all judicial work. Those extensions are critical to ensuring that we meet our remaining goals for the completion of our mandate. Next, I turn to staffing.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  13. “In the Nizeyimana case the judgements will be delivered later this month; in the Nzabonimana case, oral judgement was rendered last week and the written judgement will be filed later this month. Whether the ICTR or the Residual Mechanism hears the appeal in those two cases will depend upon the dates that the notice of appeal in each case is filed. The parties have 30 days from the filing of the written judgement to file their notice of appeal, if any. In both cases notices of appeal could be filed prior to 30 June, causing them to be heard by the ICTR. However, in both cases the time limits for filing allow the parties to file after 1 July, the date from which cases go to the Residual Mechanism.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  14. “It must be noted, however, that pursuant to the transitional arrangements the responsibility for two pending contempt of court/false testimony cases where indictments have already been confirmed remains with the ICTR. In the event of arrests in those cases, or if the Munyagishari referral is not upheld on appeal, the anticipated completion of trial work may need to be pushed back. I would also like to take this opportunity to provide the members of the Council with an update on the status of the three cases on which there remains some question as to whether the appeals, if any, would be filed with the ICTR or the Residual Mechanism. For the first two cases, there is a possibility for the appeals to remain with the ICTR. The third will certainly go to the Residual Mechanism.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  15. “Additionally, just yesterday the Trial Chambers granted the application for referral to Rwanda of the case against Bernard Munyagishari, the final accused in pre-trial custody at the Tribunal. I must note that the accused may appeal that decision. If that happens, we hope to have a decision from the Appeals Chamber in the next several months. Therefore, based upon the current status of cases, in stark contrast to the report delivered only six months ago, I am happy to bring news that the Tribunal now has a vastly reduced judicial workload. Due in no small part to the continued hard work of our staff, nearly all trial work is complete. Only one trial judgement in an ongoing case will remain to be delivered in the second half of 2012. All appeal judgements remain on track to be completed by the end of 2014.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  16. “The final three fugitives, for whom evidence preservation will be concluded this month, are slated for trial by the Residual Mechanism upon arrest. The Prosecutor will provide further details on fugitive referral applications and tracking during his presentation. Five trial judgements were projected for delivery during this six-month reporting period. Of the five, all but one will have been delivered by the end of this month. Owing to unforeseeable fair-trial requirements, including the necessary continuation of the evidence phase of the trial, judgement in the trial of Augustin Ngirabatware - the final remaining ongoing ICTR trial - is now expected by the end of 2012, and closing arguments are scheduled for next month.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  17. “In December 2011, in line with projections since 2010, the final multi-accused trial judgement was delivered in the Karemera et al. case, marking the most expeditious judgement delivery in a multi-accused case and showing that efforts to improve efficiency in recent years have been effective in many cases. During that same month, the Appeals Chamber upheld the decision to refer the first ICTR case to Rwanda for trial. After finalizing the arrangements for monitoring, Jean Uwinkindi was transferred to Rwanda in April 2012. A further three cases of fugitive accused have already been referred to Rwanda. The Prosecutor has also requested, or will request, three more referrals of fugitive cases, all of which will be disposed of by next month.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  18. “I would also like to congratulate the Permanent Representative of Council member Guatemala, who has taken over as Chair of the Informal Working Group on International Tribunals. I am happy to report to the Council that since the last report (see S/20ll/731) the Tribunal has undergone a significant shift with respect to both judicial and administrative activities. As we near the completion of all trial work, judicial and legal activities have become more focused on requests for referral of cases to Rwanda, and administrative energies are increasingly spent on downsizing and providing the support necessary for the opening of the Arusha branch of the Residual Mechanism next month. However, none of that has taken away from the core of our work, which is to complete all trial and appellate proceedings in a fair and expeditious manner.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source

  19. “Judge Joensen: I would like to begin by congratulating the Permanent Representative of China, the Council member which holds the presidency of the Security Council for the month of June. I wish you, Sir, all the best for a successful tour of duty. It is a great honour for me to address the members of the Security Council as the new President of the International Criminal Tribunal for Rwanda (ICTR) and to present the Council with the current update on our completion strategy. I would like to express the appreciation of the entire Tribunal to all of the Governments of the Security Council for their continued support as we draw ever closer to the completion of our work.”

    2012-06-07 · UN Security Council · Security Council, S/PV.6782 (2012) · source