13.07.07 - ICTR/REFERRAL - A TRIAL CHAMBER FOR THE REFERRAL OF CASES TO STATES

Arusha, 13 July 2007 (FH) -The President of the International Criminal Tribunal for Rwanda (ICTR), Dennis Byron, designated a trial chamber for the purpose of referring three cases to national jurisdictions following a motion from the Prosecutor, Hirondelle News agency learnt on Friday.  

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The three cases involve three accused whose common denominator is that they are not in the custody of the tribunal. Those accused are Father Wenceslas Munyeshyaka, the former prefect of Gikongoro (southern Rwanda), Laurent Bucyibaruta, and the former inspector of police in Kivumu (western Rwanda), Fulgence Kayishema.

The Prosecutor is requesting that Munyeshyaka and Bucyibaruta be tried in France, where they reside, and Kayishema, whose residence has not been disclosed, be tried in Rwanda.

The chamber designated for this purpose is presided over by Judge Inés Monica Weinberg de Roca (Argentina). It also includes Kenyan Judge Lee Gacuiga Muthoga and Czech Judge Robert Fremr.

The Prosecutor's motion dates from 11 June for Kayishema and 12 June for Munyeshyaka and Bucyibaruta.

The transfer of accused towards national courts is one of the strategies adopted in preparation for the end of the tribunal's mandate in December 2008.

The rule indicates that in determining whether to refer a case, the chamber designated shall satisfy itself that the accused will receive a fair trial in the courts of the state concerned and that the death penalty will not be imposed or carried out.

AT/MM

© Hirondelle News Agency