28.08.09 - ICTR/WEEKLY SUMMARY - ICTR NOT HAPPY WITH DRC OVER DELAYED TRANSFER OF NDAHIMANA

Arusha, 28 August 2009 (FH) - The International Criminal Tribunal for Rwanda (ICTR) Thursday threatened to file an official complain before the United Nations against the Democratic Republic of Congo (DRC) which still has not transferred a genocide accused arrested two weeks ago on Congolese territory.

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Prosecuted for genocide and crimes against humanity, the former Mayor of Kivumu (western Rwanda), Gregoire Ndahimana was arrested on 11 August in eastern DRC, on the basis of an arrest warrant issued by the ICTR.

"We have difficulties with the Congolese authorities. If they continue we will file an official complaint to the Secretary-General (of the U.N.)", an ICTR source hinted to the Hirondelle Agency.

"Two missions which were to go to Congo for his (Ndahimana's) transfer were cancelled. Each time, they said to us that they were still questioning him", added the source.

Meanwhile, the defence of Lieutenant Colonel Tharcisse Muvunyi, on trial before ICTR, was suspended on Thursday until 14 September. On resumption the seventh and last defence witness will testify. Accused of direct and public incitement to commit genocide, Muvunyi, started his defence case on Monday.

The first to be re-tried at the ICTR, the 56-year-old officer, is answering to charges related to a speech that he would have made one afternoon towards the end of May 1994 in the commerce center of Gikore, in the Nyaruhengeri commune, in the prefecture of Butare, southern Rwanda.

The new trial began on 17 June and the prosecutor rested his case five days later after having called six witnesses.

The lieutenant colonel had been sentenced to 25 years imprisonment on 12 September 2006 after being found guilty of "genocide, direct and public incitement to commit genocide and other inhuman acts".

On 29 August 2008, the Appeals Chamber cancelled the guilty verdicts as well as the sentence and ordered a new trial for "direct and public incitement to commit genocide", in connection with the speech in Gikore.

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