Arusha, July 5, 2011(FH) - The International Criminal Tribunal for Rwanda (ICTR) has rescinded protective measures granted to one of its witnesses whose particulars would be disclosed to French authorities to assist in investigation of an individual for international crimes committed in Rwanda during genocide in 1994.

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The witness testified for prosecution under protected name of ANAN in the trial of ex-Rwandan Planning Minister Augustin Ngirabatware charged with genocide or in the alternative conspiracy to commit genocide, direct and public incitement to commit genocide and extermination and rape as crimes against humanity.

In its decision dated July 4, 2011, a Trial Chamber observed, however, that in the consent form, witness ANAN specified that he consents to the lifting of protective measures covering him only in relations to the French judicial authorities and that he does not consent to complete waiver of such protective measures.

"The Chamber is satisfied that ANAN has consented to such partial rescission and interprets such limited consent in accordance with the prosecution's submission that the intended disclosure of information concerning (him) to French authorities will only be with respect to the latter's investigation," it ruled.

However, the Chamber ordered the reduction from the sealed excerpt of the witness's testimony he gave on February 3, 2010 when he discussed with the defence of his identities and named other prosecution witnesses.

It also stressed that in granting the prosecution's motion for rescind of the protective measures, only protective measures covering witness ANAN himself would be partially lifted, while those covering his family would remain in place.

This is not the first time the Tribunal is giving such a decision. In September 2010, the Tribunal rescinded protective measures enjoyed by witness who had testified under code name of FAE to help French judges in their investigations against Juvénal Habyarimana's widow, Agathe Kanziga and Eugène Rwamucyo.


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