12.05.08 - ICTR/KAYISHEMA - CHAMBER ORDERS ICTR REGISTRY TO APPOINT LAWYER FOR GENOCIDE FUGITIVE

Arusha, 12 May 2008 (FH) - The International Criminal Tribunal for Rwanda (ICTR) has ordered the Registry to appoint a lawyer for an accused who is still at large, Fulgence Kayishema. The former Inspector of Judicial Police in Kibuye, western Rwanda during the 1994 genocide, is subject of a transfer request to Rwanda.

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The motion for his shift was filed by the Office of Prosecutor (OTP) on 11 June 2007.
“The Chamber believes that it is in the interest of justice to appoint counsel to represent interests of a defendant in his absence”, according to a decision posted on the tribunal’s website Monday.
Kayishema is accused of genocide and crimes against humanity, states his indictment dated 10 June 2001. .
The decision ordering the Registry to appoint a lawyer for the accused was based on majority ruling by three-bench judges.
However, Kenyan Judge Lee Muthoga, gave a dissenting opinion as he considers that the Chamber can rule in absence of counsel for the defendant.
The other judges of the Chamber were Argentinean Ines Weinberg de Roca (presiding) and Czech Robert Fremr
Four other defendants, detained by the ICTR are also the subject of transfer requests to Rwanda.
On 24 April, the first landmark hearing on a request of this kind was held in the case of Yusuf Munyakazi, a former trader. The transfers to national courts are part of the completion strategy of the ICTR, as ordered by the Security Council to complete first instance trials by the end of the year.
Headquartered in Arusha, in northern Tanzania, the ICTR has to date rendered 30 convictions and 5 acquittals.
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