YouSaid · the spoken record

Judge Mase

lines on the record
31
first
2003-10-09
most recent
2006-06-07
sittings or episodes
2
sources
un-security-council

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  1. “Flexibility by the authorities will contribute to that end. Let me conclude by thanking the members of the Security Council, the Secretariat and the Member States for their support for the successful completion of the work of the ICTR.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  2. “Direct observation of our trials and discussions with Tribunal officials provided a better understanding of our contribution to justice and reconciliation in Rwanda. The ICTR also conducts regular workshops in various provinces in Rwanda. The purpose of the workshops is to inform the Rwandan people of the work of the Tribunal. The Tribunal has received funds from the European Commission, which will be used to set up information centres in the various provinces within Rwanda. Negotiations with the Rwandan Government for that purpose are currently in progress. Rwanda has continued to cooperate with the ICTR by facilitating a steady flow of witnesses from Kigali to Arusha and by providing relevant documents for the court proceedings. This is appreciated by the Tribunal. It is important to avoid delays in the processing of documents.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  3. “Owing to that new system and to the fact that our court reporters are highly qualified, the discussions that used to take place between the parties as to the exact words spoken by the witnesses no longer occur. This innovation has saved valuable court time. I would also like to draw the attention of the Council to the new annex 5, which gives an overview of the Tribunal's outreach and capacity-building programme in Rwanda. A flagship of the outreach programme is the information centre in Kigali, which receives a large number of visitors from all walks of life. Our capacity-building programme includes the training of jurists, advocates and human rights practitioners. A special fellowship programme for Rwandan students has been operational for the past six years. The Tribunal continues to receive delegations from Rwanda.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  4. “Thanks to that advanced level of interpretation, significant time has been saved and the pace of our proceedings has accelerated. The second example deals with transcription. All of our proceedings are transcribed by court reporters. Originally, a hard copy of the transcripts was delivered after the daily session. However, as a result of the introduction of CaseView software, the transcripts now appear on the laptops of the judges and the parties seconds after the words have been spoken. This makes it possible to follow the testimony even more meticulously, correct mistakes, scroll back, confront witnesses with contradictory testimony, et cetera.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  5. “Almost all our witnesses testify in the Kinyarwanda language. Until 2000, we had a system of consecutive interpretation. The interpreter sat next to the witness, took notes and, after having heard a portion of the testimony in Kinyarwanda, started translating it into French. Interpretation then followed from the booth into English. Subsequently, due to extensive training, it was possible to achieve simultaneous interpretation from Kinyarwanda into French and then from French into English. That led to the saving of about 25 per cent of effective court time. More recently, the language section has achieved simultaneous interpretation, not only both ways between Kinyarwanda and French, but also between Kinyarwanda and English.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  6. “As these measures have contributed significantly to our efficiency, this seventh version of the completion strategy contains new annexes. Annex 6 describes some of the initiatives taken by the Office of the Prosecutor to facilitate the trial of cases. The Prosecutor will address those initiatives in his intervention. For my part, I would like to refer to annex 7, which in table form lists measures adopted by the Registry to support the judicial process. I can assure the Council that this list of commendable initiatives could have been made longer. However, in the interest of brevity and simplicity, it was not possible to mention in that annex all of the measures that have been implemented. Let me briefly draw attention to only two examples from the list. The first illustration concerns interpretation.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  7. “It would be highly beneficial to the work of the ICTR if the Council could accede to our request as soon as possible. It has been a deliberate policy to use the same approach in the various versions of our completion strategy. That makes it easy to compare the information provided every six months and to assess the progress made. Moreover, the document has intentionally focused on the judicial activities of the Tribunal and on the measures adopted by the judges to increase the pace of trials. That being said, it is important to emphasize, in parallel with these core activities, there have been constant endeavours by all three branches of the ICTR also to improve the working methods in other ways, which may be less visible to observers of the Tribunal.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  8. “Moreover, even if our judges are replaced with the most experienced judges from national jurisdictions, new judges joining the Tribunal will need time to acquire the necessary institutional knowledge. That time is not available at this important stage of the Tribunal's life. Elections would mean that judges were elected for a four-year term, from May 2007 to May 2011. However, the completion strategy is built on the premise that the trial judges will complete their work by the end of 2008. Under those circumstances, it is clearly preferable to extend the mandate of the judges for about 19 months, instead of electing them for four years. I noted with pleasure that the Secretary-General, in his letter of 3 May 2006 to the Presidents of the Security Council and the General Assembly, has requested that the mandate of the judges be extended.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  9. “Some of them will be completing the remaining multi-accused trials, whereas others will be conducting the new single-accused trials which will commence in the second half of 2006. If some of them are not re-elected, the result could be a serious disruption in the work of the Tribunal. In the worst-case scenario, trials may have to start de novo, with new judges. It is true that a prolongation of the mandate of individual judges who are not re-elected is possible. However, that is not a practical solution. Such a solution has only been used for partially-heard cases and not with respect to other judicial activities, leading to under-utilization of available resources. It would also not be cost-efficient.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  10. “They are still in a safe house in Arusha, in spite of numerous attempts by the ICTR to relocate them to possible host countries. That is a serious problem. The ICTR depends on the assistance of Member States. In order to ensure successful implementation of the ICTR completion strategy, continuity and maximum efficiency are of the essence. In my letter of 21 March 2006 to the President of the Security Council, I therefore asked for an extension of the mandate of the 11 permanent judges, instead of proceeding to elections. In May 2007, which, according to the Statute, is the commencement of the next four-year term for the judges, virtually all of them will be occupied in trials.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  11. “I wish to stress that cooperation from Member States is vital for the arrest and transfer of these accused, as well as of other persons suspected of having participated in the events of 1994. It cannot be overemphasized that the accused must be brought to justice, either at the international or the national level, in order to determine their guilt or innocence. Impunity for alleged perpetrators is not a viable option. At the December 2005 meeting, I mentioned the need for cooperation from Member States to accommodate persons who have been acquitted by the Tribunal. Two accused in the Cyangaga trial were acquitted in February 2004. Four months ago, in February 2006, their acquittals were confirmed by the Appeals Chamber.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  12. “I have now described the high level of productivity at the ICTR over the past six months, with the Tribunal conducting 11 trials involving 27 accused, and rendering two judgements. All our four courtrooms are in full use. The ICTR remains on course to complete the trials of 65 to 70 persons by the end of 2008, as indicated in our completion strategy. The Prosecutor will provide the Council with an update of his plans to transfer cases to national jurisdictions. Let me simply note that the prosecution has made one request for transfer in accordance with rule 11 bis of the rules of procedure and evidence, which was denied by the Chamber. That case is now on appeal. There are 18 indictees at large. The Prosecutor will provide further information.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  13. “Let me now turn to the five multi-accused trials, which have continued to progress at a steady pace over the past few months. The Butare trial, with six accused, is expected to be completed in 2007. The second of the accused has presented his evidence and is now being cross-examined. The Military I trial, with four accused, is on course to reach completion of all evidence in 2006. Most witnesses on behalf of three accused have been heard. In the Government trial, with four accused, the defence teams are presenting their respective cases. This trial is expected to be completed in 2007. The two remaining joint trials, Military 11, with four accused, and Karemera et al., with three accused, are now at the stage where prosecution witnesses are testifying.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  14. “The defence is now midway through the presentation of its case. Let me also recall that the Mpambara trial was completed in 28 trial days, during which 26 witnesses and closing arguments were heard. These two cases are new examples of the ability of the ICTR to conduct single-accused trials within a very limited time. In Zigiranyirazo, the prosecution case is near completion and the defence will present its evidence after the judicial recess. The progress in these six single-accused trials will make it possible to commence new trials. Following the recent Serugendo judgement, l4 detainees are now awaiting trial. It is expected that three new single-accused trials may commence during the second half of 2006, taking into account Trial Chamber and courtroom availability.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  15. “The other judgment which has been rendered during the last six months involved Paul Bisengimana, a former boargmestre, who on 14 April 2006 was convicted of crimes against humanity: murder and extermination. He was sentenced to 15 years' imprisonment following a guilty plea. Twenty-eight accused have now received judgments, of whom seven have pleaded guilty. There has been considerable progress in the six single-accused trials. In a few weeks' time, judgment will be rendered in the Rwamakaba and Mpambara cases. Therefore, the ICTR will soon have completed cases involving 30 accused. Another two trials, Mavunyi and Seromba, are virtually completed. Judgments are expected later this year, after the closing arguments. One new trial, Karera, started as scheduled in early January 2006. The prosecution completed its case within 16 trial days.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  16. “Judge Mase: It is an honour to address the members of the Security Council and to present the updated version of the International Criminal Tribunal for Rwanda (ICTR) completion strategy submitted to the Council on 29 May 2006. When the ICTR Prosecutor and I appeared before the Council in December 2005, 52 persons had their cases completed or ongoing. That number has now increased to 55 - one more than indicated in the document the Council received about a week ago. On 2 June 2006, Joseph Serugendo, a technical adviser of the Radio Television Libre des Mille Collines (RTLM) radio station in Rwanda in 1994, was sentenced to six years' imprisonment. He had pleaded guilty to direct and public incitement to commit genocide and a crime against humanity: persecution.”

    2006-06-07 · UN Security Council · Security Council, S/PV.5453 (2006) · source

  17. “The ICTR will continue to develop its working methods in order to further increase efficiency. Let me end by thanking the Members of the Council and the Secretary-General for their continued support of our work.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  18. “Let me now turn to the relationship with Rwanda. As the Council knows, the ICTR experienced difficulties over the flow of witnesses from Rwanda in 2002. I am now pleased to report that the situation has improved. For many months, there has been a steady flow of witnesses from Kigali to Arusha. The ICTR wants to maintain and develop a harmonious relationship, which will make it easier for the Tribunal to contribute to reconciliation within Rwanda. We were recently very pleased to receive two groups of ten Rwandan judicial officers, each composed of judges and prosecutors, as well as officials from the Ministry of Justice. We hope that other representatives of Rwandan society will soon visit the Tribunal in Arusha. I hope that the Security Council appreciates the results achieved so far.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  19. “Another reform is the establishment of a procedure to facilitate plea agreements in cases where an accused has expressed the intention to plead guilty. 1 note the difference between the ICTR and the ICTY, in that only three persons have pleaded guilty at the ICTR, compared with sixteen, in the ICTY. The setting up of a Coordination Council, composed of the President, the Prosecutor and the Registrar, was another important reform. It has already served its purpose, and the Council will hold frequent meetings in order to avoid any problems of communication or coordination. Obviously, aspects relating to the completion strategy will be discussed frequently during such meetings. Let me finally also mention that proposals from a working group to accelerate pre-trial proceedings are presently under consideration by the judges.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  20. “Hassan Jallow, when he took up office in Arusha on 3 October 2003. I look forward to listening to him today. During the period under review, a number of reforms have been implemented with a View to accelerating the proceedings. Let me briefly mention some of them: the establishment of a so-called new trial committee, composed of representatives from all three branches of the Tribunal, which facilitated the commencement of four new trials; simultaneous interpretation during trial from Kinyarwanda into English and French in all three trial chambers; amendment of rule 15 bis, which makes it possible to continue a trial with a substitute judge where a judge falls ill, dies or is not re-elected. As mentioned, that provision has already been applied.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  21. “With nine ad litem judges, the ICTR will be able to hear trials of a higher number by 2008. Much depends on the number of indictments that will be drawn up. This falls within the discretion of the Prosecutor. But let me say that I consider it impossible within the target date to hear trials involving another 42 persons, 16 indictees and 26 suspects. It will be an important task to single out the leaders for further prosecutions by the ICTR and transfer cases involving intermediate- and lower-rank accused to national jurisdictions, as required by resolution 1503 (2003). The Security Council decided to establish a separate Prosecutor for the ICTR. I would like to thank the previous Prosecutor, Ms. Carla Del Ponte, for her great contribution to the ICTR. I was also very pleased to welcome the new Prosecutor, Mr.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  22. “In the completion strategy, it is estimated that with four ad litem judges, the ICTR will be in a position to finalize all ongoing trials, together with cases involving the remaining 22 detainees, by 2007. However, by 2008, only about eight other accused could be brought for trial out of the 16 indictees who are still at large and the maximum of 26 suspects who have not been apprehended. These projections may have to be revised. Unforeseen circumstances may cause delays. However, with an increase from four to nine ad litem judges, the Tribunal will be in a better position to finalize most trials by the target date, in spite of such unforeseen delays. At present, the total number of persons actually before the ICTR is 63; that is 41 cases completed or in progress and 22 detainees awaiting trial.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  23. “The reform is important, but it should be uncontroversial in View of the identical resolution 1481 (2003), adopted for the ICTY. I will therefore not develop this orally here, but will refer to the reasons given in our letter. Let me simply state that both statutory amendments are instrumental to the timely completion of the Tribunal's mandate. This leads me to the completion strategy. At the commencement of the third mandate, the ICTR has considered it a priority to elaborate a completion strategy. A revised version of that document was sent to the Security Council on 29 September 2003. It takes into account Council resolution 1503 (2003), in which the Security Council called on the two ad hoc tribunals to take all possible measures to complete all trial activities at first instance by the end of 2008.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  24. “Many of them have indicated that they can come to Arusha at short notice. Therefore, additional ad litem judges can be used as soon as a permanent judge is available. In that context, it should be noted that the ICTR has developed methods of disposing of single accused cases within a limited period of time. They are now heard in two slots - one for the Prosecution case - usually between 15 and 20 witnesses - and one for the Defence case, usually a similar number. Such slots can be heard when there are breaks in the big trials. The other request submitted by the ICTR to the Security Council relates to the increase of the competence of ad litem judges to do pre-trial work. Here I refer to our letter of 8 September 2003.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  25. “Three examples may illustrate this point. First, it will be possible to establish a trial chamber section composed of the ninth permanent judge and two ad litem judges. Secondly, when there is a break in one of the big trials, it will be possible to create a trial chamber section with one or more permanent judges from that case, sitting with ad litem judges, to hear a smaller case. Thirdly, by allowing one of the judges in the big case to supervise the out-of-court work in that case, while the two other judges sit in a small trial, the trial chamber may ensure increased progress of the big case at the trial stage. That may reduce the time needed for judgement writing. These methods can be used very soon. As members know, the General Assembly already elected a pool of 18 judges.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  26. “I cannot stress enough the importance of this reform. If granted, the number of permanent trial chamber sections will increase from four to six. The ICTR will thereby enjoy the same judicial capacity for conducting trials at first instance, as the ICTY has had for a long time. Our requests, which members have received, explain the need for the nine ad litem judges and how they will facilitate our task, both in relation to twin- tracking and to the so-called shift system. But let me elaborate a bit further. Several cases will be trial-ready in 2004, but the four big cases - Butare, Government 1, Government 11, Military - will require most of the time of the eight permanent judges involved in those trials until 2005. An additional number of ad litem judges will provide the necessary flexibility to hear new trials.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  27. “The first ad litem judge took up office on 1 November 2003, and we were immediately in a position to start a shift system - a morning shift and an afternoon shift in one Chamber. The other three ad litem judges will arrive in Arusha in a couple of weeks, subject to appointment by the Secretary- General. These four ad litem judges will be sitting in four trials. I would like to thank the Security Council for making further progress possible. However, much work remains, at present 22 detainees are awaiting trial. The ICTR is anxious to commence these cases as soon as possible. The statutory provision that the ICTR may only use four ad litem judges at any one time seriously limits our capacity to commence new trials. Therefore, on 29 September 2003, the ICTR requested the Security Council to increase that number from four to nine.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  28. “On 27 July, Trial Chamber III commenced the Gacumbitsi trial, involving one accused, and in the course of 15 trial days, 14 witnesses were heard. On 1 September 2003, Trial Chamber I started another single accused case, in which 15 witnesses were heard during 12 trial days. The Prosecution has closed its case in both trials. In addition to those two single accused cases, two voluminous trials, each involving four accused, are scheduled to commence on 3 November this year. Therefore, by the end of 2003, a total of 41 accused will have had their cases completed or in progress. The commencement of four new trials involving 10 accused during the second half of 2003 is a direct consequence of Security Council resolution 1431 (2003), which allowed for the establishment of a pool of 18 ad litem judges.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  29. “I am pleased to report that we were able to sort out the problems and that those trials are continuing and did not have to start de novo. In the Butare trial, the two remaining judges decided to continue with a substitute judge, in pursuance of the recently amended rule 15 bis. Appeals against this decision were dismissed. In the Military case trial, the problems were solved by transferring the trial to another Trial Chamber, with a totally new composition. The parties agreed that the case should continue. This brings the total number of accused whose trials have been completed or are in progress to 31. A priority at the beginning of the third mandate has been to start new trials as soon as possible.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  30. “The total number of judgements rendered in the second mandate is, therefore, nine, involving 14 accused. This reflects a 100 per cent increase in the number of accused who were tried during the Tribunal's second mandate, under the presidency of my distinguished predecessor, President Pillay, as compared to the first mandate, from 1995 to 1999. It means that the Tribunal will soon have rendered 15 judgements, involving 21 accused, since the first trials started in January 1997. The Butare and Military cases, involving six and four accused, respectively, will continue in the third mandate. Members of the Security Council will recall that in resolution 1482 (2003) they decided not to prolong the terms of office of two non-re-elected judges in respect of those two cases.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source

  31. “Judge Mase: It is a great honour to address the Security Council and to present the eighth annual report of the International Criminal Tribunal for Rwanda (ICTR). This provides an opportunity, first, to take stock of the results achieved so far; secondly, to present the ICTR Completion Strategy, as requested by the Council in resolution 1503 (2003); and thirdly, to introduce the two recent requests submitted to the Security Council concerning ad litem judges. First, I would like to say a few words about the results achieved so far. In 2003, three judgements, involving four accused, were handed down. The first judgement was delivered in February, two others followed in May, and another four judgements, involving eight accused, are expected by the end of the year, or very early next year.”

    2003-10-09 · UN Security Council · Security Council, S/PV.4838 (2003) · source