YouSaid · the spoken record

Karugarama

lines on the record
13
first
2008-12-12
most recent
2008-12-12
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1
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un-security-council

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  1. “We therefore urge the Council to do all within its power to ensure that the ICTR completion strategy is reached without undermining the fight against impunity - or creating an impunity gap - and the efforts of my Government in that regard.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  2. “The ICTR should feel the compelling need to have justice not only done, but also seen to be done by Rwandans, who are the primary beneficiaries ofits mandate. Lastly, the issue of the transfer of archives to Rwanda remains pending. Consultations have been ongoing with the team designated to study and make recommendations on the matter. We have reiterated our desire and readiness to take full custody of the archives. Rwanda has submitted a formal request to the Security Council, expressing our desire to have the archives stored and managed in Rwanda. We hope for the best in the Council's decision on the matter. At this crucial juncture, Rwanda shares the Council's desire to reach a reasonable and effective conclusion to the ad hoc mandate of the Tribunal.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  3. “In spite of that agreement and its ratification by our Parliament, about two weeks ago the ICTR transferred two other suspects, Hassan Ngeze and Ferdinand Nahimana, to the Republic of Mali. We are aware that 10 others may soon be transferred to another State in an outright breach of the spirit of the very statute that established the ICTR. We believe that the transfer of cases and of convicts to Rwanda will make justice apparent to Rwandans, who are both the victims and the perpetrators of the genocide. Our reading of the spirit and intent of article 26, in juxtaposition with rule 103 of the Tribunal's rules of procedure, would indicate that Rwanda should be the favoured destination for the transfer of cases and convicts, and that this should be the rule rather than the exception, as has been the case.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  4. “The proceedings for their extradition to Rwanda are currently under way in various countries, notably the United Kingdom, Sweden, New Zealand, Finland, the Netherlands and Canada, to mention but a few. The ICTR statute, in article 26, makes Rwanda the primary destination for convicted persons to serve their sentence. In 2001, the ICTR transferred six convicts to another jurisdiction without due regard for the provisions of article 26 and without serving notice to Rwanda, as required under rule 103 of the Tribunal's rules of procedure. In March 2008, an agreement for the transfer of convicts to Rwanda was finally signed between the ICTR and the Rwandan Government. This agreement has been ratified by both chambers of the Rwandan Parliament.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  5. “The ICTR rulings rejecting the transfer of cases to Rwanda almost amount to an invitation to States not to cooperate with the transfer and apprehension of these fugitives. That is why we call upon the Security Council to consider this matter as the potential cause of a serious judicial impasse that will definitely create an impunity gap, and we invite the Council to take remedial measures accordingly. We re-emphasize that the fugitives still at large are not limited to the 13 appearing on the ICTR list. It is very important for this Council to ensure that the conclusion of the ICTR mandate does not become an amnesty for those not included on the ICTR condensed list. Rwanda appreciates the continued efforts of some Governments to apprehend the fugitives.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  6. “Rwanda has addressed most of those concerns and will continue to do so. We therefore urge the ICTR Judges to re-examine the transfer of cases to Rwanda. We reiterate that ICTR decisions have the effect, unfortunately, of undermining the trust and confidence that Rwanda has painstakingly built. It is this trust and confidence that have led certain Governments to apprehend some of the most wanted fugitives, found on their respective territories. However, we are particularly concerned that, for example, on the basis of the ICTR decisions, the German judicial authorities, citing ICTR precedent, released two notorious genocide suspects - namely Callixte Mbarushimana and Rwabukombe Onesphore - and only a few a days ago a French appellate court released another genocide suspect in spite of the overwhelming evidence, again citing ICTR precedent.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  7. “In all the requests, Rwanda supported the ICTR Prosecutor by presenting evidence of its readiness and willingness to handle the cases according to the required standard. Rwanda appeared as amicus curiae in those requests. Despite all these efforts, the ICTR judges rejected four of the applications, and one is still pending. The ICTR has acknowledged that Rwanda has attained a sufficient level of competence in its legal and judicial system. However, inadequacies still exist. These inadequacies are common to all systems and are not insurmountable. There are remedial measures inherent within our judicial system that seek to address the concerns raised by the ICTR judges in their decisions, for example on witness protection and equality of opportunity for the prosecution and the defence.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  8. “Both the Prosecutor and the Tribunal's Registrar have conducted a series of visits to Rwanda to verify Rwanda's readiness and willingness to receive ICTR's outstanding caseload. They have expressed their satisfaction with the level of readiness attained by Rwanda's judicial institutions in that regard. We have been able to make these preparations with the bilateral and multilateral support of our development partners, including some members of this Council. Following a judicious assessment of Rwanda's competence to handle transfer cases, the ICTR Chief Prosecutor made requests to the ICTR judges to transfer some of these cases to Rwanda. Five requests were filed by the Prosecutor with the court.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  9. “It was negotiated between the ICTR and Rwanda and is specifically based on the ICTR's rules of procedure and evidence, as well as other best practices recognized and applied by the ICTR. The law allows the ICTR to monitor trials and recognizes the ICTR's primacy and right to call back transferred cases in the event that the requisite standards are not met. Modern courtrooms have been prepared. For the past two years, a joint programme has been running between ICTR and Rwanda under which we have conducted familiarization, interaction and training between the ICTR and Rwandan judges, prosecutors and members of the bar association, including court administrative support staff. A modern holding cell has been constructed in Kigali to accommodate ICTR detainees who will be appearing in court in Kigali.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  10. “The ends of justice administered by the Tribunal are supposed to be more visible in Rwanda than elsewhere. That makes Rwanda the State most responsible for and concerned in the pursuit of justice over those crimes. In that regard, Rwanda has found it imperative to participate fully in the determination of matters pertaining to the ICTR, particularly the completion process. Over the past three years, Rwanda has been preparing to handle ICTR transfer cases. The preparations were done in consultation with the Office of the ICTR Prosecutor. As part of the preparations, a comprehensive piece of legislation was passed in March 2000 to govern the transfer of cases from the ICTR and any other State to Rwanda. The law provides sufficient guarantees for fair trial.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  11. “The resolution further directed that those cases that may not be completed within the set deadlines - especially those involving mid- and low-ranking suspects - should be transferred to national jurisdictions, including Rwanda's. Under the resolution, the ICTR was required to devise an implementation strategy and to report to the Security Council on its effective implementation. As part of the implementation of the resolution on completion, the ICTR Prosecutor began consultations with the Government of Rwanda on possibilities for transfer of cases to Rwanda. The transfer to Rwanda is based primarily on the fact that the crimes falling under the ICTR's mandate were committed in Rwanda, mostly by Rwandans and against fellow Rwandans. The evidence and witnesses used by the court are mainly from Rwanda.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  12. “As a result of the legal powers and resources vested in the court, as well as the specific support that Rwanda provides, the ICTR has managed to register significant achievements. We are informed, for example, that before Christmas the ICTR will read one of the long-awaited judgements in the case involving four senior ex-military commanders: Theoneste Bagosora, Gratien Kabiligi, Anatole Nsengiyumva and Aloys Ntabakuze. In 2003, the Security Council adopted resolution 1503 (2003) providing for completion of the ICTR's activities. The resolution set two deadlines for completion: December 2008 for all trials and December 2010 for all appeals.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source

  13. “I thank you, Sir, for the opportunity to contribute to this debate. My delegation wishes to thank the President and the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) for their comprehensive reports on progress made in effectively discharging the mandate of the ICTR. The ICTR has registered progress in the discharge of its mandate. Some of the most notorious genocide suspects have been arrested and brought to justice. An increasing number of countries have increased their cooperation with the court. A number of countries have responded to Rwanda's call to arrest and extradite other genocide suspects whose cases do not fall under the mandate of the ICTR. Rwanda has consistently and persistently cooperated and supported the ICTR and will continue to do so.”

    2008-12-12 · UN Security Council · Security Council, S/PV.6041 (2008) · source