YouSaid · the spoken record
Judge Khan
- lines on the record
- 29
- first
- 2011-06-06
- most recent
- 2011-12-07
- sittings or episodes
- 2
- sources
- un-security-council
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“As a part of our mandate to contribute to lasting peace and reconciliation in the region, the Tribunal has given a voice to thousands of victims. The Tribunal has heard over 26,000 hours of testimony from more than 3,200 witnesses. Their testimony describing the horrific events of a genocide will remain forever engrained in the memories of all who have been a part of that important process. In is in their honour that during our final months we work with renewed vigour, rededicating ourselves to preserving the memory of the victims of the Rwandan genocide and leaving for posterity the lessons we learned and the experience we gained at the ICTR.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“The Tribunal has taken great steps forward in the past six months, and our work is almost complete. Looking back upon the many years of hard work by the entire Tribunal, there is much to be proud of. The creation of ad hoc tribunals was a ground- breaking move by the international community, premised on the noble goals of accountability, justice and ending impunity. Building upon the framework of their predecessors, the Tribunals have served as a bridge to more recent internationally supported tribunals and courts. Together, we have developed international criminal law from its embryonic stage. The tribunals are thus compelling proof of our shared evolution towards a more effective system of international justice, one in which perpetrators of genocide, war crimes and crimes against humanity are held accountable.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“The Arusha Branch of the Residual Mechanism will also be the home of the ICTR archives. Those archives will hold the nearly 900,000 pages of transcripts and audio and Video recordings of more than 6,000 trial days, as well as more than 10,000 interlocutory decisions and the judgements of all persons accused at the trials. As one of our longest-lasting, most permanent legacy projects, the archives will help to ensure that the international community remains conscious of the battle against impunity that the ICTR has fought for so many years. In the coming months we also intend to focus on continuing the Tribunal's legacy work in the region. It is with that in mind that we are planning a regional international criminal law workshop for lawyers, scholars andjudges in East Africa in early 2012.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“I hope that the Governments represented here will consider contributing to the trust fund upon which the Clinic depends. I will now provide an update on the preparations for the Arusha Branch of the Residual Mechanism for the International Tribunals. The Arusha Branch is slated to begin its work in July 2012. In addition to the already heavy workloads, staff from both the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY) are working tirelessly, under the coordination of the Office of Legal Affairs, to prepare for the transition. Among the work already completed is the provision of substantive inputs to the Mechanism's first budget proposal. Both Tribunals have also provided, and will continue to provide, comments on the draft Mechanism Rules of Procedure and Evidence.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“The Clinic has not only provided vital medical treatment for patients suffering from HIV/AIDS and diseases such as tuberculosis, sexually transmitted diseases and malaria, but it also provides one of the few available sources of comfort for its patients. For these victims, the genocide may not have taken their lives, but it took away their dignity, their trust, and their security. With the help of the Clinic's highly trained staff and with counselling sessions, the patients are able to slowly gain this back. The Clinic's success can be seen in its statistics. In its first year, the Clinic provided treatment to about 200 patients. By 2011, that number has increased to about 1,000. The Clinic, which runs on voluntary donations, is facing closure due to the depletion of funds.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“With two recent acquittals, the number of acquitted persons remaining under the protection of the Tribunal has increased to five, one of whom has been in Arusha for more than five years since his acquittal was confirmed by the Appeals Chamber. The Registrar has been working with the United Nations High Commissioner for Refugees to find solutions to this problem. We hope that Member States will support their forthcoming joint proposal in this regard. Next, I would like to discuss an important programme that needs the support of Governments represented here. In 2004, the Tribunal, committed to helping Rwanda on its road to recovery, set up the UNICTR Clinic for Victims and Witnesses of the Rwandan Genocide.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“I strongly support his proposal to allow the most qualified interns to be hired as Tribunal staff without a six-month break, as that will greatly assist with maintaining adequate staffing levels for the Tribunals in our final months. Another increasingly difficult problem that I would like to revisit is the relocation of acquitted persons. In national jurisdictions, a person acquitted of criminal allegations is set free and allowed to fully reintegrate into society. Because no formal mechanism exists for securing assistance from Member States to relocate them, persons acquitted by the Tribunal are forced to remain in safe houses in Arusha.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Moreover, staff who remain at the Tribunal are faced with a severely increased workload, which only serves to further lower morale and increase departures. We appreciate that this Council continues to highlight in its resolutions the importance of maintaining adequate staff levels in the Tribunals. Continued efforts to improve flexibility in contractual terms are essential to ensure that we have adequate staff to meet our completion strategy goals. In this same context, I echo the concerns raised by President Meron regarding a problem faced by both Tribunals: the alarming rate of attrition of junior legal staff in Chambers.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“In Kabuga, the defence duty counsel's request to investigate was granted, and investigations are currently underway. In the other two cases, we have not received such a request. I urge all Member States, especially those in the Great Lakes region, to redouble their cooperation efforts with the Prosecutor so that none of the fugitives escape justice. As I stressed to the General Assembly in November (see A/66/PV.58), our greatest challenge for the coming months remains the retention of experienced staff. Nearly one third of Chambers legal staff have left for more stable employment just in the past few months. The departure of such experienced staff causes a loss of institutional memory, which greatly hinders our ability to work within projected timeframes.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“In that case, the Uwinkindi trial will take place at the Tribunal and is expected to finish by the end of 2012. The same may be true with respect to Bernard Munyagishari, who was arrested in May of this year. There are still nine fugitives wanted for trial by the Tribunal. In order to help ensure that evidence is still available with respect to three of the most high- ranking fugitives - Fe'licien Kabuga, Protais Mpiranya and Augustin Bizimana - preservation of evidence proceedings under rule 71 bis have been taking place. The Prosecutor has concluded his preservation of evidence in all three cases. Under the Rules of Procedure and Evidence, the defence duty counsel for a fugitive accused is entitled to apply to preserve evidence as well.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“I also wish to add my support to Judge Meron's streamlining of the assignment of the ad litem judges to contempt cases. That will have a positive impact on the ability of the Tribunals to meet the completion strategy targets. In June, for the first time the Tribunal referred a case to the courts of Rwanda for trial. The accused, Jean Bosco Uwinkindi, appealed the decision to refer his case. We expect this appeal to be decided shortly. If the Trial Chamber's referral is upheld on appeal, the case will be transferred to Rwanda, and the Prosecutor will bring a further four referral applications. They will all be dealt with in the first half of 2012. However, should Uwinkindi's appeal be granted, his trial will not be referred to Rwanda.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Currently, only one case remains in the evidence phase, and it is expected to finish by early 2012. After December, judgement will remain to be rendered in only three single-accused cases, all of which are projected to be delivered in the first half of 2012. If arrests are made in the three pending contempt cases in the near future, we anticipate that trials will begin in early 2012. Next, I turn an important request that I recently sent to the Security Council and the General Assembly, seeking extension of the terms of office for a number of judges, to correspond to the work remaining. All the judges' terms are scheduled to end by June 2012, or earlier if they complete their assignments before then. The extensions are required to finish all judicial activities in accordance with the completion strategy.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“All of the judgements projected for completion during the past six months were delivered, and the final multi-accused trial judgement will be delivered in two weeks. Moreover, trial work is expected to be finished by June 2012, and appeals work is on track to be completed by the end of 2014. In June, the Tribunal rendered a historic judgement in the Butare case involving six accused - the largest in our history - and on 30 September the Tribunal delivered the judgement in the case of Bizimangu et al. with respect to four accused. Judgement was also rendered last month in the single- accused Ndahimana case, and on 21 December judgement will be delivered in accordance with projections made to this Council since December 2010 in the final multi-accused, Karemera et al.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“I would also like to thank the representatives of Bosnia and Herzegovina, Brazil, Gabon, Lebanon and Nigeria for their nations' service to the Security Council as they near the completion of their term, and to express the appreciation of the entire Tribunal to all of the Governments of the countries that are members of the Security Council for their continued support as we draw ever closer to the completion of our work. In particular, the Tribunal very much appreciates the swift action taken by the Council in resolution 1995 (2011), making ad litem judges eligible for election as, and able to vote in the election of, the President and Vice-President. In this, my second address to the members of the Security Council, I am happy to report to the Council on the very positive progress we have made since my previous address (see S/PV.6545).”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“Judge Khan: I would like to begin by congratulating Judge Meron on his election as President of the International Tribunal for the Former Yugoslavia (ICTY) for the second time. I also congratulate the representative of the Russian Federation, who is presiding over the Security Council during the month of December, as well as the representatives of Azerbaijan, Guatemala, Morocco, Pakistan and Togo for their nations' election to the Security Council beginning in January 2012. I wish them all the best for a successful tour of duty.”
2011-12-07 · UN Security Council · Security Council, S/PV.6678 (2011) · source
“The Tribunal has been engaged in work directly related to the Rwandan genocide for more than 17 years. That genocide has greatly affected everyone at the Tribunal, and seeking justice for the victims continues to drive our commitment to the goal of ensuring that never again will such atrocities occur. As the Tribunal's mandate draws to a close, we hope that our work will lead the way in the continued fight against impunity.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“I want to thank the Council for the commitment and the support it has shown the Tribunal over the last 17 years. I look forward to working closely with the Council to ensure the success of the Tribunal in the final stages of its mandate. In the same way that the jurisprudence of the Tribunals set a precedent for international criminal justice, we hope that our efforts to meet the goals of the completion strategy may also guide the closing of future tribunals. As the Tribunal has gained experience, delays have been reduced and effectiveness in approaching the strategy has increased. The lessons learned from the Tribunal's efforts to implement a completion strategy must be shared with other institutions embarking upon such endeavours, so that difficulties can be minimized and best practices maintained and implemented.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“Lastly, I would like to provide an update on the progress towards the Residual Mechanism, which was established by this Council in resolution 1966 (2010), six months ago. We are working hard, under tight deadlines, to ensure that the Residual Mechanism will be a small and efficient institution. In close cooperation with the International Tribunal for the Former Yugoslavia, we are providing input to the Office of Legal Affairs on the Mechanism's draft rules of procedure and evidence and developing a proposed budget, staffing requirements and joint policies for access to and security of the archives of the Tribunals and the Mechanism. We are doing all of this while relying on our existing staffing resources - which are already stretched thin - and engaging in full-time efforts to complete our core judicial work.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“This view was shared by the United Nations refugee agency in a meeting of experts of the Office of the United Nations High Commissioner for Refugees (UNHCR) and of the ICTR organized in Arusha in April. One of the conclusions of the joint expert meeting recognized that the Security Council is where the plight of the acquitted persons belongs and that the Tribunal has no other choice but to call upon the Council for its assistance in finding a sustainable solution to this issue. The Security Council will shortly receive a joint dossier on this matter prepared by the UNHCR and the ICTR. Moreover, the relocation of convicted persons who have served their sentences also needs urgent attention. These persons have even fewer avenues for resettlement open to them. This issue is destined to become growing problem in the years to come.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“Five out of eight of those acquitted have been able to join their families in their country of choice, in most cases following lengthy and difficult negotiations. Regrettably, this has not been the case for three acquitted persons who remain in safe houses in Arusha. For one of them, Andre Ntagerura, it has been almost five years since his acquittal was confirmed by the Appeals Chamber. The challenge of relocation is the unfortunate result of the absence of a formal mechanism for securing the support of Member States in accepting such people in their territories. The ICTR considers the resettlement of persons acquitted by an international criminal tribunal to be a fundamental expression of the rule of law and is seriously concerned about the consequences of failing to fulfil this obligation.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“The Prosecutor will provide the Council with a more comprehensive briefing on this matter. I would like to draw the Council's attention to the increasingly problematic issue of relocating the acquitted. Under any national jurisdiction, a person acquitted of criminal allegations is set free and allowed to fully reintegrate into society. This, unfortunately, is not the case for those acquitted by the Tribunal. They remain trapped in Arusha while they wait to be relocated to a safe country. As acquitted persons, they should be in a position to fully enjoy their rights, including the right to life, which encompasses the right to family, education and employment. Instead, they are separated from their families and unable to pursue further education or any form of employment.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“In the last few weeks, Judge Byron rendered decisions on the transfer of four convicts to Member States for enforcement of their sentences. I would like to thank all the States that have concluded agreements with the Tribunal on receiving convicts for their cooperation. We would also like to encourage Member States to consider accepting referral applications from the Tribunal. Nine fugitives still remain at large. We are pleased that the most recent arrest, of Bernard Munyagishari, was made about two weeks ago. The Tribunal relies on the cooperation of Member States in the tracking, arrest and transfer of fugitives. We look forward to the early and speedy conclusion of the work of the joint ICTR/Kenya task force in the tracking, apprehension and transfer of the fugitive Felicien Kabuga.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“Next, I turn to the issue of management positions in the Tribunal Chambers. The permanent judges in Arusha have already begun to leave. Some will resign when their cases end, and others will be redeployed to the Appeals Chamber. Under the present rules, in a short while, once all the permanent judges have left, we will not be able to fill the critical positions of President and Vice-President of the Tribunal. We have therefore requested, through the Secretary-General, that the requirement that the President be a trial judge resident in Arusha be removed, and that provision be made for an ad litem judge to be elected Vice-President and to act as President in the President's absence. State cooperation continues to be an important factor in the Tribunal's success.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“In this regard, we support President Robinson's proposal for a limited payment to staff members with more than five years of continuous service who remain until the abolition of their posts. We also have a large number of staff on temporary contracts. Those contracts will have to be extended past the permitted 729-day period, and we will need the support of the Secretariat to do that. We appreciate that in its resolutions the Council continues to note the importance of adequate staffing for the Tribunals and calls on the Secretariat to work with the Tribunal Registrars to find practical solutions to the issue. I would also like to thank Council members and the General Assembly for recognizing with a one-time ex gratia payment the significant contribution that ad litem judges have made to the work of the Tribunal.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“Those initiatives, which were largely introduced after 2007, have shortened the time required for pre-trial and trial, while upholding the highest standards of fair-trial rights. We can maintain this progress only if we remain adequately staffed. Here I would like to thank our staff for their continuing determined efforts to advance the mandate of the Tribunal, often under difficult circumstances. Staff retention remains a critical issue. The staffing situation is delicate, and any increase in departures would endanger our ability to meet our completion strategy targets. As an institution in the final stages of its mandate, we have specific problems that cannot be solved by applying standard human resources policies.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“The Tribunal has also begun the hearings for preservation of evidence under rule 71 bis in the case of one fugitive, Felicien Kabuga, and two others will begin in the fall. As an additional judicial workload, we also anticipate at least three proceedings for contempt of court beginning early next year. In terms of appeals, a further five appeal judgments are expected to be delivered in the second half of 2011, and a total of 11 are expected by the end of 2014. Due to fair-trial considerations, our judicial calendar can only provide estimates of expected judgment delivery dates. However, our success at meeting the targets set in the completion strategy reports continues to improve, thanks to our trial management initiatives.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“Of course, there are a number of referral applications of cases to Rwanda under review. The trial decision in the case of J ean-Bosco Uwinkindi is due to be rendered at the end of this month, and the inevitable appeal is projected to be finished in October. The Prosecutor has made a new arrest. Bernard Munyagishari was arrested in the Democratic Republic of the Congo about two weeks ago. This new arrest may not lead to trial activity if the referral applications to Rwanda are accepted. However, if the Uwinkindi application is denied and no other country is willing and able to try Munyagishari, the trials of both will be held at the ICTR, and, because we conduct these applications and pretrial simultaneously, the trials would most likely be finished by late 2012.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“I would also like to congratulate Council member Portugal, which has taken over as Chair of the Informal Working Group on International Tribunals. In the second half of this year, the Tribunal will render judgments in five more cases with respect to 14 accused persons. For two cases where fair-trial considerations required the provision of more time, judgment will be delivered in the first quarter of 2012. The Military 11 judgment involving four accused persons was delivered on 17 May, and the Butare judgment, involving six accused, will be delivered on 24 June. The Bizimungu judgment will be delivered by August, and the Karemera, Ndahimana and Nzabonimana judgments will be delivered in the fourth quarter of this year. Therefore, almost all of our current caseload will have been completed by the end of 2011.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source
“Judge Khan: 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. I would like to begin by congratulating the representative of Gabon, who is presiding over the Security Council in June. I wish you, Sir, all the best for a successful tour of duty. I am pleased to present the members of the Security Council with the fifteenth completion strategy report of the International Criminal Tribunal for Rwanda (see S/2011/317, annex I). I would like to express the appreciation of the entire Tribunal to the Governments of the members of the Council and to the Secretariat for their continued trust and support at all levels over the last six months.”
2011-06-06 · UN Security Council · Security Council, S/PV.6545 (2011) · source