"(The indictment) contains numerous allegations that are vague and lacking the details required by the law," states a defence motion published in the ICTR website and made available to Hirondelle News Agency Wednesday.
Capt. Nizeyimana challenged the new indictment, claiming that it contained many allegations, which were fundamentally incomplete and refer to orders that fail to provide minimum information concerning particular acts or course of his conduct, making him impossible to make his defence.
The accused cited an example in which the prosecutor used a very general expression such as "including soldiers from the ESO, Ngoma Camp and Butare Gendarmerie Camp" without providing any details about soldiers from those camps.
Therefore, Nizeyimana, seeks description of all his culpable conduct, which the prosecutor intends to submit during the trial and asks that superfluous unsubstantiated allegations should be removed.
It will be the third amendment of the indictment to be made by the prosecution since the accused made his initial appearance before the Tribunal on October 14, 2009, if the present motion were granted.
Capt. Nizeyimana, who was allegedly second in command in charge of intelligence and military operations of Noncommissioned Officers School (ESO) in the southern town of Butare, pleaded not guilty to six charges of the new indictment, now being challenged, on October 7, 2010, in his third initial appearance before the Tribunal.
He was arrested in Uganda on October 5, 2009 and transferred to the UN Detention facility in Arusha the following day. After his initial appearance, the prosecution sought leave to amend the indictment. On February 25, 2010, the Tribunal granted the request. The prosecution filed the amended indictment on March 1.
Nizeyimana pleaded not guilty to the charges in further appearance on March 5. Thereafter, the defence filed a motion, alleging defects on the amended indictment. On March 29, the defence motion was partially granted, forcing the prosecution on August 31, to seek further amendments. The Tribunal granted the request on September 22, 2010 and the prosecution filed the present highly contested indictment.
According to the new indictment, the accused is still facing six charges of genocide and extermination, murder and rape as crimes against humanity. He allegedly conspired with other military personnel, members of the government, political leaders, civil servants and others in Rwanda to work out a plan for the extermination of the Tutsi population.
Opening of Ndahimana's trial has been scheduled for January 17, next year.
FK/GF
© Hirondelle News Agency