02.04.07 -ICTR/BOOK REVIEW - AN EXPERT OF THE DEFENCE PUBLISHES A VERY CRITICAL BOOK ABOUT THE ICTR

Arusha, 2nd April 2007 (FH) - Professor Bernard Lugan, a french academic who has already been cited two times by the Defence before the ICTR - in the Ndindabahizi and Bagosora cases, just published a book in which he harshly criticises each of the three organs of the Tribunal: the Office of the Prosecutor, the Trial Chambers and the Registry.   Published in March 2007 under the title “Rwanda, second enquiry about a genocide” this work specifically attacks the Prosecution, accused of standing on indictments outdated by facts and in particular by the “exposé” in the order issued in November 2006 by the French Judge Jean-Louis Bruguière.   Frequently quoting his own works and expertises and also using a lot of appendixes and new documents, Professor Lugan refutes the thesis of a planning of the genocide by “Hutu extremists”, and evokes “a collective madness crisis”, sometimes encouraged by the authorities. According to the French expert, by developing the theory of a planning of the genocide and,  also falsely, of a coup d’etat executed by Hutu militaries on 7 April 1994, the Prosecution is doing the Kigali Regime a favour.   Referring to the Trial Chambers ’ case law and quoting in particular the Ndindabahizi case, Professor Lugan estimes that the Tribunal “will have difficulties to make believe that it rendered an untroubled and independant justice” and that its convictions were not based on “falses testimonies”. Finally, the Registry does not escape the expert criticism: Its spokesperson, the British Everard O’Donnell, is accused of having broken the Registry’s principle of neutrality by attempting to “limit the scope and the effects of the order issued by the Judge Bruguière”.   The book ends with the question: “Does the ICTR still have a legitimity?”, to which the author, quite obviously, gives a negative answer.   According to sources close to the case, Bernard Lugan must be heard again by the ICTR in the case know as “Militaries II”.   PB/CV   © Hirondelle News Agency