20.05.09 - ICTR/NTAWUKULILYAYO - CHAMBER ORDERS PROSECUTOR TO CLARIFY CHARGES AGAINST ACCUSED

Arusha, 20 May 2009 (FH) - The Chamber of the International Criminal Tribunal for Rwanda (ICTR) has ordered the Prosecutor to clarify some of the charges brought against the former sub-prefect Dominique Ntawukulilyayo in order to enable the defendant prepare his defence adequately, reports Hirondelle Agency.
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Accused of genocide and direct and public incitement to commit genocide, the accused, who has claimed his innocence, was the sub-prefect of Gisagara, in Butare, southern Rwanda.

In a decision posted on Wednesday on the ICTR website, the Chamber directed the ICTR Prosecutor to clarify a paragraph of his indictment in which he alleges the participation of Ntawukulilyayo in a meeting held "between 1 May and July 17 July 1994 at the commerce center of Gisagara".

If the prosecutor cannot be more precise concerning the period which this meeting took place and during which the defendant would have publicly called on people to kill Tutsis, the allegation must then be withdrawn, indicates the order.

The Chamber also brought forth that the "preliminary brief of the trial" contains certain factual allegations which do not appear in the last amended indictment of 5 May.

The judges, thus, ordered the prosecutor to modify once again his indictment by taking into account these facts.

Lastly, he must simply remove some general charges not supported by material facts.

It will be the fourth modification since the beginning of the month of this fundamental document for the presentation of the trial.

On 1 May, pursuant to an order from 28 April, the prosecutor filed a first amended indictment. A second version was signed on 4 May, followed by a third version the following day.

On 6 May, the defence had made the point that the text still contained inaccuracies.

That situation had not prevented the opening of the trial the same day because the Chamber estimated that the problems of the indictment were not major.

Ntawukulilyayo was arrested on 16 October 2007 in Carcassonne, in south-western France, on the basis of an arrest warrant issued by the ICTR on 21 September of the same year.

The sub-prefecture of Gisagara, which he directed in 1994, included the communes of Kibayi, Muganza, Muyaga, Ndora and Nyaruhengeri.

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© Hirondelle News Agency