02.09.11 - WEEKLY SUMMARY - ICC REJECTS KENYAN MOTION TO PROSECUTE ITS NATIONALS

Arusha, September 2, 2011 (FH) - The Appeals chamber of the International Criminal Court (ICC) in The Hague, Netherlands, Tuesday rejected Kenyan motion requesting to take back cases of six Kenyans who allegedly committed crimes against humanity during violence after December 2007 presidential election. The same day, French judiciary transferred to Belgium former head of Rwandan Coffee Office, Fabien Neretse.

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ICC

Kenyan suspect: The Appeals Chamber of the International Criminal Court (ICC) Tuesday rejected a Kenyan motion asking to take back to Kenya cases involving six of its nationals suspected of crimes against humanity in relation to post-election violence of 2007/2008. While Kenya had argued that the adoption of its new constitution in August, 2010 and gradual setting up of new judicial structure meant it would soon be able to run the trials itself, the Appeals Chamber said it rejected the motion on the grounds that Kenya had not proven it was carrying out its own investigations.

Hearing of confirmation of charges:  On Tuesday, ICC commenced the hearing of charges confirmation of the  three suspects which would run up to September 12, 2011. The suspects include former Higher Education Minister, William Ruto, former Minister for Industrialization, Henry Kosgey and a journalist, Jushua arap Sang. Similar hearings will start on September 21, for the remaining suspects namely,  Finance Minister and Deputy Prime Minister, Uhuru Kenyatta, Secretary to the Cabinet, Francis Kirimi Muthaura and ex-Police Chief, Mohammed Hussein Ali.

ICTR

Judgment in the trial of four ex-Rwandan ministers set for September 30: The  ICTR announced Thursday that the judgment in the genocide case involving four former Rwandan ministers will be delivered on September 30. The defendants in the case commonly known as Government II are Casimir Bizimungu (Health), Prosper Mugiraneza, (Public Service), Jérome Bicamumpaka (Foreign Affairs) and Justin Mugenzi (Trade).  They are charged with genocide, conspiracy to commit genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity (murder, extermination and rape) and war crimes.

Delivery of the judgment comes twelve years after the arrest of the accused.

Evidence of two protected witnesses allowed to be used in Denmark: The UN Tribunal Thursday waived protective measures enjoyed by two of its protected witnesses for the purposes of disclosing their evidence to the Danish judiciary to facilitate investigations and eventual prosecutions of genocide cases. The two witnesses, EV and RT, testified for prosecution in the case popularly known as ‘'Butare Trial'' involving six accused from Butare prefecture, South Rwanda, including the only woman to be indicted by the UN Tribunal, Pauline Nyiramasuhuko, former Rwandan Minister for Women and Family Affairs.

FRANCE/BELGIUM

Transfer of Fabien Neretse: The former head of Rwandan Coffee Office between 1989 and 1991, Fabien Neretse was transferred from the French judiciary to Belgium on Tuesday on account of European arrest warrant issued on June 24, 2011 in Brussels. A criminal case had been opened against him in Belgium in 2004 for the alleged participation in genocide and war crimes. Neretse is charged for his responsibility in the murder of Claire Beckers, a Belgian citizen married to a Rwandan, on April 9, 1994 in Nyamirambo (Kigali). He allegedly encouraged Interahamwe militias to murder the couple.

NI/FK/ER/GF

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