Arusha, 21 May 2008 (FH)--For the first time since the establishment of the International Criminal Tribunal for Rwanda (ICTR) some 14 years ago, the Registry has appointed a counsel for an accused ,Fulgence Kayishema,who is still on the run, , reports Hirondelle Agency. Kayishema, former Inspector of Judicial Police in Kibuye, western Rwanda, is sought by the Prosecution for 1994 killings and is in the list of five genocide accused persons considered for transfer to Rwanda to stand a trial.

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According to the ICTR Spokesman, Roland Amoussouga, Tanzanian Jwani Mwaikusa, a law Professor at the University of Dar es Salaam, has been assigned to assist Kayishema.
Mwaikusa was also the lead Counsel for Yusuf Munyakazia, a former Rwandan trader and in the “list of five”, during the landmark hearing of the prosecutor’s transfer motion last month.
Under normal circumstances, the Registry was not supposed to appoint a counsel in absence of an accused, but had to concede in the context of Kayishema following a chamber ruling, which is dealing with accused’s transfer to Rwanda.
The motion for Kayishema’s 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 the Chamber.
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 considered 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
Three other defendants lined for transfer are: former Commander of Ngoma Camp Lieutenant Ildephonse Hategekimana, businessman Gaspard Kanyarukiga and former Mayor Jean Baptist Gatete.
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.