YouSaid · the spoken record

Mose

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24
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2004-06-29
most recent
2004-11-23
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3
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un-security-council

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  1. “Let me simply reiterate the invitation I extended to the Council on 29 June 2004, namely, that all members of the Council are wholeheartedly welcome in order to obtain first-hand observations of daily life in Arusha and of our commitment to carry out our task. I think that brings me to the end of the questions and observations that need to be addressed at this stage. Let me simply say that the year 2005 will be an important one for the Tribunal and that I look forward to reporting about the progress made at the next two occasions.”

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

  2. “But I note that, in the light of the rather clear statements made in prominent circles in Rwanda, there seems to be considerable progress in that country in relation to the death penalty. With regard to due process and the overall situation, that is something we will have to revisit in connection with the judicial context. That the Prosecutor may have additional remarks on that issue, as he is actively pursuing the matter. The representative of Germany very kindly pointed to the possibility that the Security Council could meet at the seat of the Tribunals at some level. I think that is an excellent idea. Of course, the Council is master of its own procedures and will have to decide upon the level at which it would wish to go to Arusha.”

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

  3. “But there will be a need for more agreements, and we appreciate any Government's willingness to enter into such arrangements. The representatives of the United Kingdom and the United States raised the issue of the transfer of cases to Rwanda and, in particular, the trial readiness of that country. That decision is of course a judicial one - again, I can echo what President Meron said - and it will be for the Trial Chambers designated by the President to make a determination under rule 11 bis as to whether transfers should be effected or not. I therefore think that, at this stage, it is better that I not go into too much detail or prejudge the conclusion of an individual Trial Chamber.”

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

  4. “I think that will also be a very helpful element in future developments. Like President Meron, I have of course been in touch with individual Member States and have drawn their attention to the problems associated with the economic difficulties. We have had some results, but the possibilities will be greater when the Security Council lends its full authority to financial requests. Turning to the matter of agreements on sentences, which was raised by the representative of Spain, I simply want to say that our position is exactly the same as that of the International Criminal Tribunal for the Former Yugoslavia. We have six agreements in that regard, but we would certainly welcome more. Thus far, only one State has received all our convicts.”

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

  5. “Mr. Mose: Let me start by conveying my whole- hearted appreciation to all the members of the Council who expressed their strong support for the Tribunals. There is consensus vis-a-vis the two sets of obligations incumbent upon all Member States. First, there is the need to cooperate. Members unanimously stated that all States must apprehend accused persons and facilitate the transport of witnesses and the production of documents, which would certainly be of value to us in our daily work. The second set of obligations relates to resources, We have again been heartened to hear the unified position of the Council, namely, that it is concerned about the problems we encounter in that connection and with regard to lack of manpower - people leaving us - and the problems caused by the freeze.”

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

  6. “The ICTR will concentrate on finding the accused who are most responsible, as explained by the Prosecutor, and then we will all have to assist the national jurisdiction in order to assist such jurisdictions in dealing with the other ones. There was an issue raised by the Spanish delegation concerning new agreements. Since we last met on 9 October, France has ratified one enforcement agreement and Sweden has signed one that entered into force immediately. Finally, I thank the Rwandan delegation for its comments and I have taken note of what was said in that statement. Again, I thank all the members of the Security Council for their words of support. We will bring them back with us to Arusha and they will be a great encouragement in our work in the days and months to come until the next time we meet here to report on the progress made.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source

  7. “Turning now to the issue raised by the Pakistani delegation, it is clear that we will never be able to deal with all 29 persons at large. We now have the 48 under control, so to speak. These cases are in progress, and we have another 10 waiting in our detention centre. That would bring us to 58. And then there is the issue of the maximum number, which in our completion strategy has been indicated at approximately 65 to 70, at least at the present stage. We will see how this develops as time passes, but, again, it is clear that we cannot deal with them all and, in order to avoid impunity - as vitally stressed by the Rwandan representative - it is important to find the right division of work between what we do at the international level and at the national level.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source

  8. “The other issue will be, once the legislative framework has been clarified, to look into the issue of the institution to deal with such cases and the proceedings to be followed. Again, these are issues currently under review and it is a bit premature to go into them now, I think. Let me simply declare, however, that I am in agreement with those members of the Security Council that have stressed the need for confidence-building and support in connection with the transfer of cases. I note the request for such support by the Rwandan representative. The question of pardon or commutation, raised by the Russian delegation, has already been fully and satisfactorily responded to by my colleague, President Meron. There is no need for me to go into that. I agree with his assessment.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source

  9. “Of course, transfer under rule 11 bis is primarily a judicial decision; it is for the Chamber to decide based on a request by the Prosecutor in conformity with rule 11 bis. We are not yet there, but we will soon be there. The question at present therefore relates not to the concrete evaluation of a case, but rather to the general framework. When it comes to that issue, there are two main problems. The first is the question of the death penalty in Rwanda. Here, I noted the statement of the representative of Rwanda concerning the reiteration of assurances on waiving the death penalty with respect to the cases transferred from the ICTR. To what extent guarantees are needed here and whether this is sufficient are currently under consideration.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source

  10. “Mr. Mose: Let me also wholeheartedly thank all the members of the Security Council for the words of support and encouragement they addressed to the two Tribunals, and in particular to the International Criminal Tribunal for Rwanda (ICTR), which I am representing here. I noted in particular with great appreciation the expression of the need for all States to cooperate, including when it comes to the arrest of suspects and indictees who are at large, and to the need for all States to pay their financial contributions - a problem which was raised by all four of us in our introductory statements. I turn now to some of the issues raised. I think I will start with the intervention of the representative of the United Kingdom, on a matter that was also mentioned by the representative of Germany: the issue of transfers.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999Resumption1 (2004) · source

  11. “Let me finally mention that our completion strategy and my present statement concentrate on the deadline for trials. It is premature at this stage to go into the issue of the 2010 deadline for the appeals. I have deliberately kept this address brief, but hope to have conveyed the message that the ICTR is working efficiently and in full conformity with resolutions 1503 (2003) and 1534 (2004). Let me add this: It may be difficult, visiting New York, to convey the full picture of all we are achieving in Arusha. The ICTR would certainly be pleased if the Security Council decided, for instance, that its Working Group were to pay a visit to Arusha in order to get the full picture of what we are achieving there. I look forward to the exchange of views with the members of the Security Council.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  12. “I am aware that budgetary issues are not the responsibility of the Security Council, but the fact that some States have not paid their contributions to the ICTR could threaten our completion strategy. The present freeze in recruitment may have serious consequences for all branches of the Tribunal. I therefore want to draw this to the attention of the members of the Security Council. The ICTR has increased its efficiency significantly. It would not make sense to prevent us from fulfilling our task. I should also stress the need for continued cooperation from all States. I am pleased to report that witnesses have continued to come from Rwanda since our 9 October meeting last year. The ICTR certainly appreciates that and all other assistance provided by the Rwandan authorities.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  13. “It is clear, however, that the trials in Arusha will involve fewer than those 29 persons at large. Some of them will be dead, whereas others may never be arrested. The Prosecutor will concentrate on those bearing the greatest responsibility and transfer cases involving intermediate- and lower-rank accused to national jurisdictions, in conformity with resolution 1534 (2004). This is dealt with in our completion strategy and I know that it will be further developed by the Prosecutor today. I will therefore not enter into details here. Let me simply stress that both of us agree that the deadline set by resolution 1503 (2003) will be respected, provided that we have the necessary resources. This brings me to an important point.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  14. “First, by 2005 and 2006, we will have completed all cases involving the 27 accused on trial in 2004. This will, as already mentioned, bring us to 48 accused, who all held leadership positions in 1994. The question is then how many additional accused the ICTR can deal with by 2008. In our completion strategy, we have indicated an estimate of 65 to 70 persons, based on the information presently available. This number will include 10 of the 15 detainees presently awaiting trial in Arusha, whereas the Prosecutor intends to transfer the other five to national jurisdictions. Of the 17 indictees at large, the Prosecutor will try to bring 13 to justice in Arusha and seek the transfer of four accused. As regards the 16 suspects at large, they could, as a maximum number, potentially be tried at the ICTR.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  15. “Composed of representatives from Chambers, the Prosecution and the Registry, its main purpose is to ensure that cases are trial ready on schedule. The establishment of the Committee, combined with long-term planning, is one of the reasons why we have been able to start so many trials in record time. Rule 11 bis concerning transfer has been amended in a similar way, as described by Judge Meron. We did that in April. Thus, cases will not be transferred to jurisdictions that do not obtain minimum guarantees of procedural fairness and international human rights. So far, there are no applications for transfer before any Chamber. Regarding my third and last point - the deadlines set by resolution 1503 (2003) - we can already draw some conclusions.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  16. “It will make it easier for us to ensure the right balance between the steady progress of the big trials and the slotting in of the single accused cases. I should also mention that we have encountered a couple of unforeseen problems. For instance, a judge in the Government II case had to retire because of health problems. Fortunately, the trial case could continue with a substitute judge after limited interruption, and it is now proceeding well. A problem in the Government I trial is now being addressed. I mention these examples simply to illustrate the complexity of our task and to provide a full picture of the situation. Our completion strategy lists a number of legislative and practical measures adopted in order to speed up trials. I will not repeat them here, but I would stress in particular the importance of the Trial Committee.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  17. “It is important to complete the large trials as soon as possible in order to devote our time fully to the remaining single-accused cases. With several trials - multi-accused and single- accused - and only three courtrooms, the Chambers must to some extent sit in morning and afternoon shifts. This shift system works well, but each shift is somewhat shorter than a full day in the courtroom. In order to increase our judicial output even more, we have looked into the possibility of constructing a fourth courtroom. This is mentioned in paragraph 52 of our completion strategy. I am very pleased to report that one Government recently decided to fund the construction costs for such a courtroom. The availability of a fourth courtroom will increase our efficiency and flexibility further.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  18. “The fastest was the Ndindabahizi trial, where all witnesses, both prosecution and defence witnesses, were heard in 27 trial days. Additional time is then required for the parties to present their written and oral submissions and for the Chamber to write its judgement. The main challenge for the ICTR now is to ensure progress in the five multi-accused cases. They involve a total number of 22 accused. I am referring to the Butare trial, with six accused, and the Military I and Military II trials, as well as to the Government I and II trials, each involving four accused. This leads me to an important point. In our planning, we are giving priority to the steady progress of the large trials. Visible results of this strategy can be seen in the Butare and Military I cases. In both trials, the prosecution case is approaching its end.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  19. “New additional ad litem judges will sit on trials commencing in August and September this year. For instance, in the Military II case, the bench will be composed of one permanent judge and two ad litem judges. Single-accused cases are, of course, much more complicated at the international level than at the national level. But at the ICTR we now have considerable experience in handling them in an efficient way. Recent examples are the Niyitegeka, Gacumbitsi, Ndindabahizi and Muhimana trials, where the prosecution presented its evidence in four weeks, followed by a similar period for the defence after a break. The number of days required to hear all witnesses in single-accused cases has steadily decreased, as mentioned in paragraph 21 of our completion strategy.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  20. “Turning now to my second point, regarding the measures adopted to ensure progress, it is obvious that the most important development since we last met in this room has been the increase in the number of ad litem judges that can sit at any one time from four to nine. I would like to express my sincere thanks to the Security Council for having adopted resolution 1512 (2003) so rapidly after our meeting on 9 October 2003. That reform has significantly increased the efficiency and the flexibility of the ICTR. Let me give one example. The arrival of the fifth ad litem judge made it possible to start one trial, ensure the continuation of another trial, where the judge had fallen ill, and schedule the third trial. In other words, one additional ad litem judge had a direct impact on three trials.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  21. “We have already started the Muhimana case, which commenced on 29 March 2004, and the prosecution has presented its case in that trial. The defence case will commence on 16 August 2004. Judgement in that case is expected by the end of this year. Two other single-accused cases will start in August and September this year. They will be followed by the commencement in September of the Military II case, involving four accused. The Military II case is the last big trial at the ICTR. That implies that by the end of 2004, the number of persons whose trials have been completed or are in progress will have reached 48, just as envisaged in our completion strategy.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  22. “Another important aim early in the third mandate has been to start new trials. Four trials involving 10 accused started between July 2003 and November 2003. The Gacumbitsi case commenced on 29 July 2003 and concluded with judgement on 17 June 2004. Trial in the Ndindabahizi case started on 1 September 2003 and judgement will be rendered very soon. In other words, two judgements, each involving one accused, are already the result of the activities undertaken at the commencement of the third mandate, and they were both completed in less than one year. Furthermore, the two so-called Government cases, each involving four accused, commenced on 3 November and 27 November 2003, respectively. New trials are starting in 2004.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  23. “The third is that, based on the information presently available, there is every reason to believe that the trials will be completed by the 2008 deadline. On my first point, that the ICTR is on schedule, a priority at the commencement of the third mandate in May 2003 was to render judgements in four cases where trials had been completed. I am referring to the Media case, the Kajelijeli case, the Kamuhanda case and the Cyangugu case. Members will recall that in the completion strategy that I introduced on 9 October 2003 (S/PV.4838), we envisaged that by the end of 2003 or early 2004 the ICTR would have completed 15 judgements involving 21 accused. That promise was kept. Consequently, the four judges whose terms of office were extended by resolution 1482 (2003) have all left the Tribunal.”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source

  24. “Mr. Mose: It is a pleasure to address the distinguished members of the Security Council and to present my assessment of the progress made towards the implementation of the completion strategy of the International Criminal Tribunal for Rwanda (ICTR), as envisaged by resolution 1534 (2004). An updated version of our strategy was already submitted to the President of the Security Council on 30 April 2004, and I am now pleased to provide some oral explanations, Sir, under your distinguished presidency. My intervention today can be summarized up in three points. The first is that the ICTR is on schedule. The second is that measures have been taken to comply with the deadlines in resolution 1503 (2003).”

    2004-06-29 · UN Security Council · Security Council, S/PV.4999 (2004) · source