Rejecting the application, Presiding Judge, Erik Mose of Norway, said that the Chamber was not satisfied that genocide-accused Jean Baptiste Gatete, a former Mayor, would receive a fair trial if he was transferred to Rwanda, although Kigali has made notable progress in improving its judicial system, reports Hirondelle Agency.
In the decision released on 17 November, the Chamber said it was concerned that Gatete will not be able to call witnesses residing outside Rwanda to the extend and in a manner which will ensure a fair trial.
Meanwhile, ICTR Prosecutor will be ready to apply for new referral cases to Rwanda once Kigali removes Chamber's judicial obstacles in transferring 1994 genocide accused persons' cases.
In a joint statement issued by the ICTR Thursday, said the agreement was reached following a meeting between the ICTR Prosecutor Hassan Jallow and Rwanda's Prosecutor General Martin Ngoga in Arusha.
"The two Prosecutors identified the concerns of the ICTR and explained ways in which the obstacles to referral could be overcome," said the statement, adding that Mr Ngoga emphasized Rwanda's commitment to work towards achieving success in the referral strategy.
Three trials continued this week before the UN Court. Callixte Kalimanzira, a former high ranking official of the Rwandan administration, accused of genocide, started Monday presentation of his defence case, which is expected to last three weeks.
Kalimanzira, an agronomist by training, assumed in April and May 1994, management of the Ministry of Interior.
Elie Ndayambaje, last defendant in a six-man trial dubbed "Butare Case" , Tuesday strongly denied that he assisted his co-accused, former Rwandan Colonel in charge of civil defence in Butare prefecture, South Rwanda, Alphonse Nteziryayo, to train the militia and distribute weapons used during the 1994 genocide.
The trial which commenced in June 2001 continues was adjourned on Thursday and will resume on Monday. Ndayambaje is expected to complete his
In the Military II Trial, a subaltern of the former Rwandan army stated Tuesday that there were, in 1994, three types of road blocks in his country.
Called by the defence of Captain Innocent Sagahutu, on trial alongside three other officers of the former Rwandan armed forces, the witness testified under the codename "CINS" to protect his identity.
Prosecuted for crimes of genocide, crimes against humanity and war crimes, the four officers have pleaded not guilty. Their trial began in September 2004 and Sagahutu is the last to call his witnesses.
© Hirondelle News Agency