"The prosecutor filed the request on Monday. We have asked the President of the Tribunal to designate a Trial Chamber to hear and determine the matter," Chief of Appeals and Legal Advisory in Prosecution's office, James Arguin, told Hirondelle News Agency Tuesday.
According to him, the Prosecutor's application was based on grounds that the crimes alleged in the indictment were committed in Rwanda, hence has jurisdiction over accused and the matter. He further alleged that the accused would receive fair trial and, if convicted, would not be sentenced to death.
The indictment states that Munyagishari was in 1994 a leader of the Interahamwe militias in Gisenyi prefecture, North Rwanda. He is charged with conspiracy to commit genocide, genocide or, in the alternative, complicity in genocide, murder and rape as crimes against humanity.
When presenting his six-monthly report to the UN Security Council in June 2011, Prosecutor Jallow said he was planning to file five additional requests for transfer of cases, involving four fugitives and one detainee.
Munyagishari was arrested on May 25, 2011 in the Democratic Republic of Congo (DRC) and transferred to UN Detention in Arusha, Tanzania on June 14, 2011. He made his initial appearance before the Tribunal on June 20, 2011 and pleaded not guilty to the charges.
Three other similar application lodged on November 4, 2010, are pending before the Tribunal. They involve Rwandan Pentecostal Church Pastor Jean Uwinkindi, a detainee at the UN detention facility and two fugitives, Fulgence Kayishema, former judicial police inspector of Kivumu commune in Kibuye prefecture (Western Rwanda) and Charles Sikubwabo, ex-mayor of Gishyita commune, in same prefecture.
© Hirondelle News Agency