YouSaid · the spoken record

Judge Pillay

lines on the record: 26
first: 2001-11-27
most recent: 2001-11-27
sittings or episodes: 1
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“A welcome sign, however, is that the Government of the Netherlands has committed itself to helping us set up a video link between the ICTY and the ICTR, and between the ICTR and the Office of the Prosecutor in Kigali, as well as this information centre. That would enable the Tribunal to spread its information work much farther. In conclusion, I would like to say that the judges of the ICTR and our new Registrar, Mr. Dieng, are committed to making a very firm effort to ensure that the ad litem reform is used to the fullest extent.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Suffice it to say that fair trials have to be perceived as fair, and there is some concern about the security situation in Rwanda. This has been expressed by defence counsel. The representative of Norway referred to the information and outreach programmes that have been put in place and asked what the prospects are for their further development. At the moment, the information office set up by the International Criminal Tribunal for Rwanda (ICTR) functions in Kigali alone. We need to expand this programme so that it reaches the rural areas in the whole of Rwanda. We are working on this, and we could do much more if we received the level of outreach funds that the International Criminal Tribunal for the former Yugoslavia (ICTY) has reached by way of donations.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“We bear in mind that, as the representative of the United Kingdom has pointed out, reform measures are a continuing process, and we will continue to address them. At the moment, for instance, the judges are dealing with several motions with regard to judicial notice. If we can reach a stage where we can take judicial notice of widespread and systematic killings, for instance, or that genocide took place over the whole of Rwanda, that will narrow the issues. That is something we are working on. I would rather not enter into such questions as the transfer of the Tribunal headquarters to Kigali and the cooperation of the Rwandan Government after our mandate is fulfilled, because of the limits of my own profession and the fact that these are political issues.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“In the media case, for instance, which is ongoing, we are talking about 600 audio-radio broadcasts in Kinya-Rwanda that have to be translated into French and English. An hour before I left to board the plane, a new issue came up - the parties discovered that they were actually sitting with 100 tapes in Kinya-Rwanda of broadcasts of Radio Muhabura, which is the RP of radio. Now, we do not have translators who can translate from Kinya-Rwanda direct into English. It has to go from Kinya-Rwanda into French and then into English. This is a practical problem that has to be addressed from a management point of View. If we are to complete the mandate as the representatives expect us to, then we need both extrajudicial capacity and the resources to make it work.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The judges of the International Criminal Tribunal for Rwanda (ICTR), together with the judges of the International Criminal Tribunal for the Former Yugoslavia (ICTY), have moved cautiously towards many measures aimed at expediting trials, but, as the representative of Ireland said in support of this, we have to be very careful not to compromise the interests of fair trial. I would give as a positive example of this the judges' intervention with regard to reducing the numbers of witnesses. Why do you need to call 100 witnesses? Why can't you call 50? That kind of intervention is a positive example of the impact on court proceedings. A negative, or troubling aspect, is that we need more court management measures in place to address the question of translations.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I have said 2007 for future cases, based on the Prosecutor's estimate. However, I share the concern raised by members as to the vast number and the uncertainty of who is going to be arrested and whether there are going to be 136 or 45 individual trials. With that precaution in mind, I make a positive prediction that we will be well placed to complete all existing trials of detainees by 2004 and allow a three-year period for new trials. The other concern that was expressed was the impact of the measures of reform that have been taken.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Judge Pillay: I thank the representatives for their comments. I shall endeavour to address some of their questions. One that clearly is the concern of many of them is: Would we be in a position to use ad litem judges and would we be in a position to complete our mandate by 2007? I have prepared a plan that I will leave with you, Madam President, and with the representative of Norway, who raised the particular question. The plan indicates that if, for instance, we had ad litem judges available by April, we could immediately begin five new cases. In other words, we now have 26 trialists awaiting trail. We could try 14 to 17 of that number from April to June next year. That is a reasonable possibility. With the use of ad litem judges, we would be in a position to complete the trials of current detainees by 2004.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I am optimistic that many of the factors impeding our progress to date have been and are being addressed effectively. I wish to thank the Secretary-General for his support in this regard. However, we need the Council's further support. The ICTR and the ICTY are engaged in a historic endeavour and should both be supported, and supported equally. We have a long way to go in establishing the rule of international law to safeguard the principles of peace and justice, which are so fundamental. Despite the many setbacks and daily frustrations, we are making progress.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Meanwhile, I would urge that other avenues of justice be pursued as well, such as the encouragement of trials at the national level in jurisdictions where suspects are located. In conclusion, I wish to place on record the Tribunal's appreciation to States for their cooperation over arrests, transfers of indicted persons and travel of witnesses, and for receiving acquitted and convicted persons. I particularly thank the following Governments: Ireland, for its contribution to hosting the judges' seminar; the French Republic, for receiving and agreeing to monitor an acquitted person, and the Republic of Mali, for receiving convicted persons. Five convicted persons, including Jean Kambanda, Prime Minister of the interim Government of Rwanda, will begin serving their sentences of imprisonment for 25 years to life, in Mali starting this month.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“It is important that the ad litem reform be decided as soon as possible, with two aims in mind: to supplement the present trial capacity in relation to currently detained accused, and as an essential measure for future indictments and arrests by the Prosecutor. Together with the ICTY judges, we have reflected on the lifespan of the Tribunals. We are concerned that the passage of time may affect the quality of the evidence and that long delays raise human rights concerns. We recognize that this is a political decision that can be taken only by the Security Council. The ICTR judges are of the opinion that the target date for completion of our mandate should be 2007, and we hope we will get the support we need to make this possible.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The progress of trials since my request of 9 July 2001 now enables me to present to the Council an updated plan for the immediate use, once elected, of nine ad litem judges by two of the Trial Chambers, splitting into five sections. These five sections would be able to begin five new trials involving between 14 and 17 accused between April and June 2002. So, with the three current Chambers and these five subsections, we would have eight trials going on simultaneously. Each section would generally have a mix of permanent and ad litem judges, which would help ensure the consistency of the Tribunal's jurisprudence. Even in those exceptional cases where ad litem judges might serve alone, we believe that consistency would be maintained through the established jurisprudence of the Tribunal.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The Tribunal's capacity must be increased in order for us to try those cases in accordance with international fair-trial standards. It was for this reason that on 9 July 2001 I submitted a proposal to the Security Council for the creation of a pool of ad litem judges, similar to the solution that the Council found for the ICTY by virtue of resolution 1329 (2000). If the judicial capacity is increased with ad litem judges, and if the Prosecutor drastically revises her investigative programme, I believe that the ICTR can complete its work by 2007, rather than the projected date I gave in my report, of 2023. The request for ad litem judges is presently under consideration by the Security Council. I hope that this remedy will be provided for the ICTR, as it was for the ICTY when it faced a similar situation.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“As already mentioned, the trials of 17 persons are underway and 26 detainees are awaiting trial, of whom four were transferred to the ICTR in the last three months. A further 22 suspects have been indicted and are still at large. If the present capacity of nine judges remained unchanged, the Tribunal will not be able to complete the trials of the current detainees before the year 2007. The judges find this to be unacceptable, as some of the detainees have been awaiting the commencement of their trials for considerable periods of time. International standards require that accused persons be tried without undue delay. Those difficulties are further compounded by the fact that the Prosecutor has informed me that she anticipates indicting up to 136 new accused persons by the year 2005.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Issues of efficiency were discussed at length by the judges of the two Tribunals at seminars at Ascot and Dublin. There was broad consensus that the delays experienced by both Tribunals needed to be addressed and that there was a need for greater control over the presentation of evidence by the parties. We are now implementing greater controls over the number of witnesses, the length of their testimony, and so on. These measures have already had an effect and are among the reasons for the significant acceleration of our trial activities. However, there are limits to what can be achieved with the present three Trial Chambers. The Council may recall that, when I addressed it last year, I expressed our commitment to complete as many cases as possible of persons awaiting trial in our detention facility within the present four-year mandate.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Motions are dealt with by a single judge. We also now engage in long-term planning of court schedules, and we exercise greater control in the courtroom in order to minimize loss of time. Our interest in efficiency, however, must be subject to our interest in ensuring fair trials, and the defence must be given sufficient time for preparation and cross-examination. In some cases, judges have imposed sanctions for time-consuming tactics, for instance by denying costs for frivolous motions. The level of communication and cooperation between the various branches of the Tribunal, such as the Chambers and Registry, has also improved. Of course, we also have the fact that there are now precedential rulings and appeal decisions that provide a guide to the parties, which in turn curtails motions.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Negotiations have to be undertaken with Governments for their travel, travel documents and protective measures. All these things are time- consuming and often result in adjournments of the trial. Added to those factors are the handicaps of having to function out of a hardship "C" duty station. In the past year, six staff members have died of illness or accident. Simple communications that would take one hour in The Hague may take days, or even weeks, in Arusha. This is a reality that we must contend with. On the other hand, the judges have taken measures to expedite proceedings. I shall mention a few of them. They involve expedition at the pre-trial stage, which Judge Jorda referred to. We decide most of those motions on briefs, which saves court time and the costs of travel to bring defence counsel.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Thus these trials, which I submit are particularly applicable to the ICTR rather than the ICTY, take longer than the trials of accused persons with lower levels of alleged responsibility. Other factors that contribute to lengthy and protracted trials are the voluminous documents and translation requirements, the large number of witnesses and the interpretation of testimonies involving three languages: Kinyarwanda, French and English. The Prosecutor and the defence are engaged in ongoing investigations. It is also important to note that, unlike national courts, witnesses and counsel are not within geographical proximity to the ICTR and so are not within easy reach. Witnesses for both the prosecution and defence are located in Rwanda and in countries all over the world. They have to be persuaded to volunteer as witnesses.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Cases at the ICTR are legally and factually complex because of the alleged rank, status and roles of the accused. The Prosecutor's strategy has, from the outset, focused on those suspects who are alleged to have been in the highest positions of leadership and authority and those who are alleged to have taken the most prominent roles in the events in Rwanda in 1994. Consequently, many of the accused persons who have been indicted, some of whom are currently standing trial, include the former Prime Minister of Rwanda, Government ministers, high-ranking military officers, senior media personnel and public figures. Trials of accused persons who are alleged to have been the architects of killings are far more complicated and take longer because command responsibility has to be established and the range of facts at issue is far greater.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“The question has been asked of us by many members of the Council as to why the output of judgements is so low - a single judgement this year and just eight in the four years since trials started, in 1997. The fact is that only one case was ready for trial in the autumn of 1999. Other cases that were ready for trial by both the Prosecutor and the defence in the year 2000 are the ones ongoing now. However, I shall briefly refer to some of the difficulties obstructing expeditious trials, and also the efforts and developments that the judges have made towards reducing the delays and increasing efficiency. It is important to recall that judicial proceedings at the international level are far more complicated than judicial proceedings at the national level, and unlike national courts we rely on many factors beyond our control.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“With regard to judgements of the ICTR, on 7 June this year Trial Chamber I delivered the Tribunal's first judgement of acquittal, of Bourgmestre Ignace Bagilishema. This judgement has been appealed by the Prosecutor, and so the Chamber ordered his conditional release to France. The Appeals Chamber has rendered decisions in appeals involving five appellants. All of these decisions confirmed the convictions and sentences, although in the Musema case the rape conviction was quashed on the basis of additional evidence led by the appellant before the Appeals Chamber. However, these decisions of the Appeals Chamber, in my View, are significant endorsement that the trials conducted by the ICTR are fair and that the standard of proof beyond a reasonable doubt to sustain a conviction is being observed.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Trial Chamber III has the big case of Cyangugu, involving three accused, and the Semanza case. Here also, the judges actively intervened to limit the number of witnesses that are necessary. The short case is expected to conclude by February 2002, and the long case of Cyangugu will go on. But since February 2000, Trial Chamber III has been getting the military case of Colonel Theoneste Bagosora and three others ready for trial. Twenty-seven pre-trial decisions were delivered, each decision taking the case closer to the trial stage. So, given that the Chamber is about to conclude one of its two other cases, while the second one is well advanced, it will begin the military trial on 2 April 2002.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Here also, we have heard 19 prosecution witnesses, and we limited the number of witnesses that needed to be called. Trial Chamber II has had some setbacks. It is proceeding with a big case, called the Butare trial, covering six accused, and two other trials, involving Government ministers. These trials had commenced in March and April this year but were brought to an abrupt end by the death of the Presiding Judge, Judge Lai'ty Kama, on 7 May 2001. However, as a result of the expeditious election of two new judges by the General Assembly on 24 April 2001 and the appointment of a third judge by the Secretary-General on 31 May 2001, the trials were able to begin, albeit de novo, without further delay. So the heavy caseload of this Chamber means the judges will not be able to undertake new cases for at least two years.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I will now briefly review the status of ongoing trials to illustrate some of the factors that have caused delay in these proceedings, as well as some of the steps we have taken to expedite them. Trial Chamber I is currently conducting two trials. One is the media trial, which commenced on 26 October 2000, in which 34 prosecution witnesses have testified, from a list of 97. The list has, after several status conferences, been reduced to fewer than 50 witnesses, and the prosecution is expected to close its case by May next year. However, this case, because of its complexities, is not expected to end before December 2002. The second case, involving father and son - this is the case of Pastor Elizaphan Ntakirutimana, who was transferred to us from the United States - is expected to be completed before June 2002.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“I want to assure the Council that all the judges of the ICTR are resident on a full time basis in Arusha and are working full time. Our court hours are regular, and when judges are not in the courtroom, they are deliberating, issuing rulings and drafting judgements. In the past, there have been periods of time when cases were unexpectedly delayed or not ready for trial as anticipated, which caused gaps in the work schedule of judges. This is no longer the case. The ICTR schedule for court hours and recess is the same as that of the International Criminal Tribunal for the former Yugoslavia (ICTY). Visiting judges from national jurisdictions have commented on the taxing nature of our schedule, which is compounded by the hardship conditions under which we work.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“As a result, there has been a significant increase in the number of trials. Seven trials involving 17 accused persons are presently in progress. All three Trial Chambers are engaged in simultaneous trials on a twin- or multi-track system, with two of the Trial Chambers each conducting two trials and the third holding three trials. This is the result of the judicial pre-trial decisions and measures taken in previous years. We are now seeing the impact of this preparatory work in the ongoing trials. Three of these trials are joint trials of three to six accused and, by virtue of their complexities and magnitude, will necessarily take a long time to reach finality. Nevertheless, during the years 2002 to 2003, the Council may expect judgements in the cases of a very large number of accused.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source
“Judge Pillay: It is my honour to present to the Council a report of the activities of the International Criminal Tribunal for Rwanda (ICTR), and I thank the Council sincerely for giving me this opportunity to address it. At the ICTR, we have had excellent cooperation from States with respect to the execution of warrants. Therefore, my focus on behalf of the ICTR will be on the work of the Tribunal. Thereafter, I shall address the Council on the need for an increase in the judicial capacity of the ICTR. I am pleased to report that since my last address, a number of judicial, administrative and prosecutorial steps have been taken to prepare the ground for holding uninterrupted trials this year. These endeavours have included a change in management, the finalization of pre-trial litigation and disposing of the backlog of some 200 motions.”
2001-11-27 · UN Security Council · Security Council, S/PV.4429 (2001) · source