YouSaid · the spoken record

Judge Mose

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60
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2004-11-23
most recent
2006-12-15
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5
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un-security-council

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  1. We look forward to the fact that our information centre in Kigali will soon be expanded, in the sense that there may soon be similar centres in all regions of Rwanda. Legacy issues were mentioned by several delegations. There, too, I think there is a need for further reflection - not only between the Tribunals, but also between the Tribunals and Member States, on how to carry those important issues further forward. Documents have been circulated, and we need, on the basis of those documents, to go into the matter in greater depth in order to make further progress. In short, the Prosecutor and I will simply take with us the kind remarks by members of the Council, and they will certainly serve as an inspiration in our work over the next six months.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  2. Judge Mose: Very briefly, I would like to thank the members of the Security Council for their favourable and positive comments on the work of the Tribunal. We very much appreciate the observations made. We also take note with appreciation of the statements made by virtually all members of the Council regarding the need for all States to cooperate with the Tribunal, in particular in relation to indictees at large. The uniform attitude of the Council in that area will no doubt send a strong signal to the right circles. Capacity-building was mentioned by some speakers. Let me stress that that is a priority area for the Tribunal and that we will certainly continue and accelerate our work in that area.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  3. I have now described the high level of productivity in the four courtrooms of the ICTR during the last six months, with the Tribunal conducting nine trials involving 25 accused and rendering four judgments. In parallel with these core activities, all three branches of the ICTR continue to improve their working methods. Some of these processes are described in our report and its annexes. I am pleased to confirm that Rwanda has continued to cooperate with the Tribunal by facilitating the flow of witnesses from Kigali and by providing documents to the Prosecution and to the Defence. On behalf of the Tribunal, let me conclude by thanking the members of the Security Council, the secretariat and the Member States for their support to the successful completion of the work of the ICTR.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  4. As of today, only one of the five persons acquitted by the Tribunal has found a country of residence. The other four are under the protection of the Tribunal in Arusha. Let me reiterate that the situation is particularly serious for Andre Ntagerura and Emmanuel Bagambiki, who were acquitted by the Trial Chamber in February 2004, and whose acquittals were confirmed in February 2006. The Registry has without success made many attempts to find a country for them. On behalf of the Tribunal, I must again appeal to Member States to receive acquitted persons in their territories. There is a need to find solutions to these problems. Let me add that it may also be problematic to relocate persons who are released after having served their sentences following convictions.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  5. The Prosecutor will provide further information about this. Let me simply reiterate, in view of the completion strategy, the importance of Kabuga being arrested and transferred to the ICTR as soon as possible in order to determine his guilt or innocence. The Prosecutor will address the Security Council on his plan to transfer some ICTR indictees to national jurisdictions for trial. This is an important part of our completion strategy. Member States are encouraged to be receptive to discussions concerning transfer. The Prosecutor will also provide updated information about Rwandan initiatives to abolish the death penalty. In connection with State cooperation, I have to come back to the situation of acquitted persons. This was raised before the Council in June, as well as in the General Assembly in October, but there is still no progress.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  6. On 13 October 2006, resolution 1717 (2006) extended the terms of office of all ICTR ad litem judges until the same date. I would like to express our appreciation to the Security Council for having granted our two requests. This provides the Tribunal with the continuity, stability and certainty necessary for the efficient planning of trials. Eighteen indictees are at large. The ICTR will not be able to prosecute all these accused by December 2008, should they be found, but some of them should be tried by the ICTR. It is essential that Member States cooperate in the arrest and transfer of these persons. In June 2006, the Prosecutor and I referred specifically to Felicien Kabuga, who is in East Africa. Since then, many efforts have been made to obtain his transfer to Arusha, but so far without success.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  7. Secondly, yesterday, Joseph Nzabirinda, a businessman and youth organizer, pleaded guilty to a count of murder, as crime against humanity, thereby increasing the number of persons having pleaded guilty to 7. Thirdly, the Prosecutor this week filed a new request to transfer the case of Mr. Bagaragaza to a national jurisdiction. In his intervention, he will provide further information. I am therefore pleased to confirm that the ICTR is on schedule to complete cases involving between 65 and 70 accused by the end of 2008, as envisaged in our completion strategy. In order to achieve this aim, continuity is of the essence. On 13 June 2006, the Security Council adopted resolution 1684 (2006), which extended the term of office of all ICTR permanent judges until 31 December 2008.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  8. Judgment is expected in early 2007. In the Zigiranyirazo case, the Defence is currently presenting its evidence. During the Security Council meeting in June 2006, I mentioned that three new trials were expected to commence in the second half of 2006. The Tribunal met this target. The Bikindi and the Nchamihigo cases began on 18 September and 25 September 2006, respectively. The third new single accused case, Rukundo, commenced on 15 November this year. All three trials are expected to conclude in 2007. Let me now address the situation of the detainees who are awaiting trial. Our completion strategy report mentions that there are 11 accused in this group. I am pleased to inform the members of the Security Council that this number is now, in fact, lower. The first of these cases, Renzaho, is scheduled to commence on 8 January 2007.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  9. The hearing of the evidence is expected to conclude in 2007. In the Government trial, which involves four Government ministers, the second of the fourth accused is presenting his evidence. It is expected that the evidence will have been heard by the end of 2007. In the Military II trial, involving four accused, the Prosecution closed its case on 7 December 2006, having presented 72 witnesses. The Defence case will commence in the first months of 2007, with conclusion in 2008. In the Karemera et al. case, involving three accused, the Prosecution is presenting its case. The Trial Chamber has taken steps to ensure that the Prosecution case should be completed before the middle of 2007 in order to conclude the trial in late 2008. Turning now to the single accused cases, closing arguments were heard in the Karera trial in November this year.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  10. The five multi-accused trials continue to represent our main challenge because of their volume and complexity, and hence the time needed to complete them. It is therefore important to note the progress made. I am very pleased to report that the Military I case was virtually concluded on 12 December 2006. In that trial, which involves four alleged senior military leaders in 1994, a total of 82 prosecution and 157 defence witnesses were heard in the course of 400 trial days. Three additional witnesses will be heard by video link in January 2007. Following written and oral submissions in coming months, judgment will be rendered in 2007. Another welcome development since the submission of the completion strategy report is the fact that in the Butare trial, the fourth of the six accused has now commenced presenting his case.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  11. On the same day, Tharcisse Muvunyi, commander of the Ecole sous-officiers, was convicted of genocide, direct and public incitement to commit genocide, and crimes against humanity. He was sentenced to 25 years of imprisonment. On 20 September 2006, Andre Rwamakuba, who was the Rwandan Minister of Primary and Secondary Education, was acquitted of all charges against him. On 13 December 2006, Athanase Seromba, a priest, was convicted to 15 years' imprisonment for genocide and extermination as a crime against humanity. The judgments in the Mpambara and Rwamakuba trials bring the number of acquitted persons at the ICTR to five. Let me now turn to the nine trials that are in progress, involving 25 accused.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  12. Judge Mose: 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 completion strategy report, which was submitted on 30 November 2006. When the ICTR Prosecutor and I appeared before the Council in June 2006, 55 persons had their cases completed or ongoing. That number has now increased to 59. Three further judgments were rendered in September 2006. Since the report was submitted on 30 November 2006, another judgment has been rendered. Thirty-two accused have now received judgments. Let me briefly mention the four Trial Chamber judgments just referred to. Jean Mpambara, a bourgmestre, was acquitted of all charges against him on 12 September 2006.

    2006-12-15 · UN Security Council · Security Council, S/PV.5594 (2006) · source

  13. All the other comments made by members have been noted, including the precise reference made by the representative of France to the need to be more specific concerning the level of cooperation, which was a useful remark. Her point was that not only the oral presentations, but also the written reports, should be more specific in that regard. That has been noted, together with other remarks. All of this will serve as an inspiration to the judges, the Prosecutor and the staff of the ICTR when we share the results of this meeting with them in Arusha in a few days' time.

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

  14. The Prosecutor and I discussed the matter, and we found that, although we were very sympathetic to the idea of assisting a brother - or sister - tribunal, we had to turn down that possibility, because it would have put our own completion strategy in jeopardy. We are using all our courtrooms at full throttle every day, and an extra case in our Tribunal - that of Charles Taylor - would have created problems in meeting the 2008 deadline. As for the question about the acquitted person, raised by the representative of the Congo, it too was very pertinent. Let me stress that all our indictees left Rwanda in 1994, sought refuge in other countries, brought their families to those countries and refused to return. The challenge has been to find places where they can be relocated. I wish to stress that Rwanda has never refused to receive them.

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

  15. The remarks of those representatives who addressed the question of extending the judges' mandates, and the fact that a draft text is being circulated, have been noted with pleasure. A specific question from the representative of Qatar related to the situation of Charles Taylor. There is no formalized cooperation between the Special Court for Sierra Leone and the International Criminal Tribunal for Rwanda (ICTR); they are different courts with separate mandates. But we received an initiative from the Sierra Leone Court asking us whether we would be able to share courtroom capacity in connection with the trial of Charles Taylor.

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

  16. Judge Mose: First of all, let me thank the members of the Security Council for their expressions of support and appreciation for the work of the International Criminal Tribunal for the Former Yugoslavia. We note with pleasure the remarks made both in relation to the progress made and concerning the measures we have taken to increase our efficiency. Furthermore, we strongly appreciate the emphasis placed by Council members on States' obligations to cooperate with the Tribunal in terms of both arrest and transfer. That is a vital area, as stressed by our Prosecutor and as emphasized by all members of the Council. Another important form of support expressed by Security Council members is reflected in the focus on capacity-building and on the need to ensure the necessary resources in the recipient countries of trials to be referred.

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

  17. As for the transfer of cases, it is good to hear that there is full support for the principle of transferring those involving lower- and middle-rank indictees. In particular, we were very pleased to note the virtually unanimous opinion of Security Council members that everyone needs to apprehend the fugitives at large. We hope that there will be pressure in that direction. All the comments offered today will be taken home to Arusha and shared with our colleagues there.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  18. Judge Mose: At this stage, I have virtually nothing to add. Let me simply thank all members of the Security Council for their interesting comments and suggestions, which will serve to encourage and inspire all of us in Arusha in our work. We note the interest expressed by some delegations with regard to the need to look into how the Appeals Chamber will have to be structured in the future. I agree with those who said that that must take place in close cooperation among the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the United Nations Secretariat. We are approaching the point where we will have to think in that direction.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  19. Let me, then, simply conclude by reiterating that the ICTR is on course in relation to its completion strategy. We remain committed to the deadline for completion of trials established by the Security Council. We also want to express our deep appreciation to the members of the Council for their continued support to the ICTR.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  20. This is appreciated by the Tribunal. Let me also recall that our outreach programme remains a prioritized area. Inside Rwanda, a vital role is played by the ICTR Information Centre in Kigali. I refer to our tenth annual report (S/2005/534) for further information about its activities. Moreover, the Tribunal continues to receive frequent delegations from many parts of Rwandan society. Direct observation of trials in Arusha and discussions with Tribunal officials are essential to better understand our contribution to justice and reconciliation. I would also like to reiterate the need for capacity-building inside Rwanda in order to strengthen the judicial system within a country which is faced with an enormous task. Governmental and non- governmental organizations are playing a very important part in that field.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  21. The Council will recall that three of our accused have been acquitted. In relation to the first, Mr. Bagilishema, the ICTR is still very grateful to the French authorities that kindly agreed to receive him some time ago. At present, two acquitted persons are still in Arusha in spite of having been acquitted by judgement of 25 February 2004, in the Cyangngn trial. During the appeals proceedings, they have been placed in a safe house pending unsuccessful efforts to find a country for them. States should consider it a common responsibility, and an important contribution to international criminal justice, to find solutions on the relocation of acquitted persons. Rwanda has continued to cooperate with the Tribunal by facilitating a steady flow of witnesses from Kigali to Arusha and by providing documents of relevance to the court proceedings.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  22. Let me recall that all the remaining cases are single-accused cases, which will make our task easier. The Prosecutor will provide members of the Council with an update of his plans to transfer cases to national jurisdictions. Let me simply note that so far, the Trial Chambers have not received any requests for such transfers pursuant to rule 11 bis. Our Prosecutor will also inform the Council about the indictees at large and the prospects for their arrest. In relation to those two issues - transfer of cases and arrest of fugitives - I would like to stress that State cooperation is absolutely essential for the ICTR. Impunity for perpetrators of mass atrocities is not a viable option. Another area where the ICTR depends on the assistance of States is the relocation of acquitted persons.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  23. Let me stress that our fourth courtroom, funded by voluntary contributions, has proven to be absolutely vital in order to ensure progress. Everyone is working extremely hard: the judges, prosecution and defence counsel, interpreters, court reporters, courtroom officers, witness protection personnel and all other staff members who more indirectly, but not less importantly, contribute to the smooth running of our cases. Some of our judges even sit double shifts and hear two trials on the same day. Still, considerable work remains to be done. It follows from our completion strategy document that 17 detainees are awaiting trial. As I have explained, there will be only 15 detainees awaiting trial early next year. As soon as there is courtroom space and judges available we will endeavour to reduce that number further by starting new trials.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  24. In the Butare case, involving six accused, the second accused is now presenting his witnesses. In the Military I case, with four accused, over 50 defence witnesses have testified. In the Government trial, with four accused, the defence started presenting its evidence at the beginning of November, just as planned. The two other joint trials are at an earlier stage. In Military 11, with four accused, over half of the prosecution witnesses have testified. The case of Karemera et al., with three accused, started de novo in September and is advancing well. I hope to have conveyed a picture of how busy the ICTR has been these last months, handling 10 trials involving 26 accused. About 16 accused are being transported to and from the courtroom every day. All four courtrooms are in full use from morning to evening.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  25. However, the defence is now presenting its evidence and will close its case early next year. The Muvunyi trial commenced on 28 February 2005. Here, too, the defence has nearly completed the presentation of its evidence. There is also a positive development in the Rwamaknba case, which commenced on 9 June 2005 after its accused had been separated from the other three accused in the case Karemera et al. The defence will complete its evidence in early 2006. In brief, I am very pleased to report that those three single-accused cases are approaching completion and that judgments will be rendered in 2006. That will make room for the commencement of new single- accused cases. Pre-trial preparations in those cases are under way. The five multi-accused trials have continued to progress steadily in recent months.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  26. That makes it the fastest prosecution case in the Tribunal's history. The defence will present its evidence from Monday 9 January 2006, and judgment is expected in the first half of 2006. The second new trial involves Prefect Zigiranyirazo; it started on 3 October 2005. The prosecution is expected to have presented all its evidence by March 2006. I should also mention the fact that, following the pre-trial preparations that have been under way in the past few months, a third new trial is scheduled to commence on 9 January 2006. That case involves Prefect Karera. Turning now to the trials that were in progress before the June 2005 Security Council meeting, I will first provide an update with respect to three single- accused cases. In the Seromba trial, which commenced on 20 September 2004, there was a need to replace defence counsel.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  27. That brings the number of accused having received judgments to 26 since the first trials started in 1997. In the Bisengimana case, the Trial Chamber accepted a guilty plea from the accused on 7 December 2005 for crimes against humanity, including extermination and murder. Therefore, following the sentencing hearing on 19 January 2006, the number of persons with completed cases will soon be 27. The Bisengimana case is the sixth guilty plea at the ICTR. In addition to those two completed single-accused cases, two new cases started during the past six months. The Mpambara trial, which relates to a boargmestre, commenced on 19 September 2005. The Chamber heard 10 prosecution witnesses over the course of eight days. Two additional days were allotted to cross-examination this week.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  28. Judge Mose: It is an honour to address the members of the Security Council to present an updated version of the completion strategy of the International Criminal Tribunal for Rwanda (ICTR), submitted to the Council on 5 December 2005. The Council also has before it our tenth annual report, covering the period from 1 July 2004 to 30 June 2005. There has been steady progress at the ICTR since the Prosecutor and I appeared before the Council in June this year. The number of accused with their cases completed or ongoing is now 52. On 13 December 2005, judgment was rendered in the case of Aloys Simba, a retired lieutenant colonel and former member of Parliament. He was convicted of genocide and extermination as a crime against humanity and sentenced to 25 years' imprisonment.

    2005-12-15 · UN Security Council · Security Council, S/PV.5328 (2005) · source

  29. Written reports are then submitted back to the Trial Chambers in order to assess whether any further action is called for. Those were the questions, I think, addressed to the President of the ICTR. I thank you again, Madam, for this meeting of the Security Council and all members for their valuable comments and questions.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  30. I base that on the numerous visits received from State representatives, non-governmental organizations and civil society, who form a stream of visitors to Arusha, and on their reactions and expressions of appreciation for our work. I have waited to the end to respond to the questions raised by the President on the issue of witness protection. That is a very important question and was addressed primarily to the Prosecutors of the two Tribunals. I still wish to stress, however, that we take it extremely seriously in the judicial branch of the Tribunal and whenever any of the witnesses express any kind of concern about their protection, orders are immediately given by each Trial Chamber to the Registry to look into the matter and to investigate the issues further.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  31. In particular with respect to the possibility of transfer to Rwanda, which would then be a decision for the Trial Chambers, I note the comments by the Rwandan representative concerning the country's position in relation to the death penality. Taking up the point raised by the representative of Tanzania that there may be a double standard with respect, on the one hand, to persons have been transferred from the ICTR, who will then not risk the death penalty, and to others, I can only note that the Tribunal can in now way, of course, reduce its standards. It has to stick to that position, which is in conformity with United Nations policy. As to the perception of the Tribunal in the region, as mentioned by the Japanese representative, it is my firm conviction that we are well perceived in the region.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  32. Turning now to the transfer of indicted persons, who may be at large or detained. Those are matters that have to be decided by the Trial Chambers, and that depends on decisions following requests by the Prosecutor to the Trial Chambers under rule 11 bis. That provision was amended during our plenary a few weeks ago in order to make it explicit that we will not transfer anyone to a State where there is the risk of the death penalty's being imposed in relation to that particular person. The provision still guarantees that such persons can be transferred only if there are fair trial proceedings in the State concerned.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  33. I have also noted with pleasure members' statements of the necessity for States to pay their contributions to the ICTR budget. Thirdly, I note with satisfaction the Rwandan Government's pledge to continue its support to ensure the smooth running of our proceedings. Let me more generally assure each and every member of the Security Council that we will certainly continue to streamline our working methods. When it comes to transfer, I think it is important to make a distinction between the transfer of files, on the one hand, and the transfer of indicted persons on the other. When it comes to the transfer of files, that depends on the decision of the Prosecutor, and the 15 that have already been transferred to Rwanda and the 10 that are in the pipeline - as explained by the Prosecutor - fall into that group.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  34. Judge Mose: The International Criminal Tribunal for Rwanda (ICTR) greatly appreciates the positive remarks made by members of the Security Council concerning our work. They will certainly serve as an inspiration and will be carried home to Arusha, where they will provide extra impetus to maintaining our level of work and, to the extent possible, increase it further. More specifically, I have noted that members of the Security Council have stressed States' obligations to cooperate with the ICTR in order to transfer fugitives to Arusha. Those are very welcome statements. As regards the specific statement by the representative of Romania concerning Kabuga and the prospects for his arrest, I shall leave that to the Prosecutor of the ICTR.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  35. There are, from time to time, allegations concerning intimidation of prosecution or defence witnesses. Such allegations are taken very seriously by the Tribunal and are subject to investigations in order to get to the truth of the matter. These are the most important aspects of the progress made since November 2004. The report provides further details. Comments or questions by the members of the Security Council will be highly appreciated.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  36. Let me simply say that the Presidents of the two Tribunals are in contact about this issue. I should seize this opportunity to reiterate that the work of the Coordination Council, composed of the President, the Prosecutor and the Registrar, continues to be very useful. It is also important to state that the contribution of the defence teams to the work of the Tribunal is highly appreciated. The Tribunal continues to appreciate the cooperation of the Rwandan authorities. There is still a steady flow of witnesses from Kigali to Arusha. It is essential that both parties, the prosecution and the defence, receive the necessary assistance in terms of witnesses and documents from Rwanda. That contributes to the integrity and efficiency of the proceedings in Arusha.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  37. This week, 16 accused are being transported to and from the courtroom every day. That number will increase to 20 next week. All four courtrooms are being used at maximum capacity. Activities at the ICTR are at an all-time high. There have been some unforeseen problems, but we have addressed them. I am therefore in a position to confirm that the ICTR is on schedule to complete its trials by the end of 2008. That being said, it is essential that the necessary resources be made available to allow us to complete our task. For instance, the negative effects of the recruitment freeze last year illustrated the importance of States paying their contributions to the ICTR budget. The completion strategy of the Appeals Chamber is discussed briefly in paragraph 8 of our report. It is premature to go into details at this stage.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  38. No new detainees have arrived in Arusha since our November 2004 report. The trials of those detainees will commence as soon as courtroom space allows. Two of them will commence in the second half of 2005. In his oral presentation, the Prosecutor will deal with the issue of transfer of trials. He will also comment on the 14 indictees at large and the investigation of 16 persons, which resulted in requests for confirmation of indictments of eight persons. I want to commend the Prosecutor for having completed that task four months ahead of the schedule indicated in our November 2004 completion strategy. The Chambers are now considering those requests. Let me also emphasize that States must cooperate in order to transfer indictees at large to Arusha. The overview I have just given shows that there is steady progress in Arusha.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  39. The fourth courtroom was inaugurated in the morning of 1 March 2005, and it was already in use in the afternoon of the same day. It is an important element of our completion strategy. With nine trials and only three courtrooms, the cases were slowed down. The solution was to sit in morning and afternoon shifts. Each shift allows for about four hours efficient time in the courtroom, whereas a full day session allows a Chamber to sit for about six hours. That had, in particular, an impact on our multi-accused trials, which require a lot of time in the courtroom. The construction of the fourth courtroom has facilitated their steady progress. The Council will recall that, in addition to the 50 accused whose trials have been completed or are in progress, 16 detainees are awaiting trial in the detention facility in Arusha.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  40. In order to ensure maximum judicial output, it is important to find the right balance between the steady progress of the multi-accused trials and the completion of single-accused trials. That is not an easy task, in particular because the multi-accused trials require a lot of time in the courtroom. Our November 2004 completion strategy (S/2004/92l, annex) mentioned that it would facilitate our work if a fourth courtroom could be constructed, based on voluntary contributions. Following contributions from the Governments of Norway and the United Kingdom and the necessary approval at United Nations Headquarters, the construction of the fourth courtroom was completed in record time: only four weeks. The costs were about half of the constructions costs of any of the first three courtrooms.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  41. The trial of the other three accused will commence de novo in September this year. Let me add that the Karemera and Rwamakuba trials will be twin-tracked and prioritized so as to make up for lost time. The remaining three single-accused cases are all approaching their end. The Simba trial is virtually completed, with closing arguments to be heard in early July. The defence case in the Seromba trial has been delayed because of unforeseen problems in the defence team but is expected to commence soon. Finally, the prosecution case in the Muvunyi trial will be completed in a few weeks. Scheduling of new single- accused trials for the second half of 2005 is under way.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  42. Our strategy is to prioritize the completion of those three important multi-accused trials involving a total of 14 accused. We estimate that they will be completed in 2006. The other two multi-accused cases are at an earlier stage. The Military II trial, which involves four accused, commenced in September 2004 and is progressing steadily. With respect to the Karemera et al. case, the Council will recall that the Appeals Chamber decided that the trial of those four accused should start de novo before a different Trial Chamber. The new Chamber decided to sever one of the accused, Rwamakuba, from the other three accused. His trial, which is now one of our four single accused cases, recommenced on 9 June 2005. The prosecution case is expected to conclude in a few weeks time.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  43. Five of those trials are voluminous multi-accused cases. As mentioned in our completion strategy (S/2005/336, enclosure), three of them have now reached an advanced stage. In the Butare trial, involving six accused, the defence case commenced on 31 January 2005 and is proceeding well. The Military I case, with four accused, faced some unforeseen problems because the assignment of lead counsel for one of the accused was withdrawn. That could have had far-reaching consequences for the progress of the trial. Fortunately, a solution was found which made it possible to commence the defence case in April 2005. The trial is now progressing well. In the Government trial, which involves four Government ministers, the Chamber is now hearing the last prosecution witness. The defence case is therefore approaching.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  44. We appreciate the cooperation of Member States in transferring them to Arusha. Since the meeting of the Security Council last November (see S/PV.5086), two single accused judgements have been delivered, bringing the total number of accused having received judgement from 23 to 25. The Muhimana judgement of April this year is a significant contribution to the ICTR's contribution to jurisprudence on sexual offences. The Rutaganira judgement, rendered in March this year, was the fourth time an accused at the ICTR pleaded guilty. As the Council knows, the number of guilty pleas at the ICTR is low compared to those at the International Criminal Tribunal for the Former Yugoslavia. It will be interesting to see whether the number at the ICTR increases further. In addition to those 25 persons, trials involving 25 accused are in progress.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  45. Judge Mose: It is a great honour for me to address the members of the Security Council. The Council has received the updated version of the completion strategy of the International Criminal Tribunal for Rwanda (ICTR), dated 23 May 2005. It includes the developments during the past six months, in conformity with Security Council resolution 1534 (2004). In this oral intervention, I will briefly highlight the most important aspects. The number of accused in completed and ongoing cases is now 50. They include one Prime Minister, 11 Government ministers, four prefects, seven bourgmestres and many other high-ranking individuals. That illustrates the importance of the ICTR in establishing the guilt or the innocence of alleged leaders of 1994 who would probably not have been brought before a court had it not been for the ICTR.

    2005-06-13 · UN Security Council · Security Council, S/PV.5199 (2005) · source

  46. Let me conclude by expressing our deep appreciation to the Security Council for its support to the ICTR. The Tribunal also thanks the Secretary- General for his continued support.

    2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source

  47. Last year I reported that there had been a steady flow of witnesses from Kigali to Arusha. I am pleased to state that the situation remains the same. On request, we have also received documentation from the judicial proceedings in Rwanda in order to evaluate fully the credibility of our witnesses. That is important to the integrity of the proceedings in Arusha. It is also essential that both parties, the prosecution and the defence, receive the necessary assistance to carry out their investigations in Rwanda. Finally, let me add that cooperation within the Tribunal is excellent. The President, the Prosecutor and the Registrar meet regularly in the Coordination Council and are in frequent contact. The ICTR staff continue to be committed and hardworking.

    2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source

  48. He will also deal with indicted and suspected persons that remain at large, as well as his plans for transfer to national jurisdictions. On the basis of the Prosecution's requests for transfer, it will be for the Trial Chambers to decide whether a person shall be transferred. Let me only say this: a comparison between the previous and the present version of the completion strategy shows that in spite of the commencement of several new trials, the number of detainees awaiting trial in Arusha has increased from 15 to 18. That is not surprising. Three accused have been transferred to Arusha since April 2004. They were previously in the groups of indicted or suspected persons at large. The situation is simply that three fugitives accused of genocide have been arrested. The Tribunal appreciates the cooperation of the Rwandan authorities.

    2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source

  49. It is a paradox that indispensable financial contributions are not paid when the Tribunal is doing its utmost to complete its task. That being said, I want to state very clearly that the Tribunal is fully committed to the completion strategy. We will make all efforts to achieve the goals laid down in the completion strategy, including completing all trials at the first instance by 2008. I have already mentioned our results in relation to single-accused trials. We are regularly discussing how to increase our efficiency even further. We will continue to improve our working methods and will keep the members of the Security Council and the membership at large informed of any further measures to be taken. The Prosecutor will reiterate that he remains committed to the deadline for conclusion of investigations by the end of 2004.

    2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source

  50. The number of vacancies is increasing every month. Many vacant posts are directly linked to the judicial production of the ICTR. Let me provide some examples, mentioned in our updated completion strategy. As of today, there are nine vacant posts for legal officers in the three Chambers. Their recruitment has been put on hold as a consequence of the freeze. Those nine legal officers would have worked under the direct supervision of the judges. Several permanent and ad litem judges have no associate legal officers. The judges are sharing legal officers through ad hoc arrangements. This situation cannot continue. The Prosecutor will inform the Council of the serious problems that his office faces. Also, the Registry's ability to provide support to the judicial process is reduced. Furthermore, the lack of resources affects the defence teams.

    2004-11-23 · UN Security Council · Security Council, S/PV.5086 (2004) · source