18.06.12 - ICTR/REFERRALS - PROSECUTOR FILES LAST REFERRAL MOTION TO RWANDA

Arusha, June 18, 2012 (FH) –The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), Hassan Bubacar Jallow, has filed the last application for referral of case to Rwanda for trial involving fugitive Pheneas Munyarugarama, a former Rwandan army officer.

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“The prosecutor filed the application last week (June 13), ” Chief of Appeals and Legal Advisory Division in the prosecution’s office, James Arguin, told Hirondelle News Agency on Monday.

According to the indictment, Munyarugarama, who held the rank of Lieutenant Colonel in the Rwandan army, is charged with genocide, complicity in genocide, direct and public incitement to commit genocide and crimes against humanity (extermination, murder, persecution and rape).

Born on January 1, 1948 in Kidaho Commune, Ruhengeri prefecture, North Rwanda, Munyarugarama was Commander of Gako Camp in Kanzenze commune, Bugesera region of Kigali rural prefecture between early 1993 and May 1994.

In the application, Jallow requests that the Trial Chamber issue an order referring the case to the authorities of Rwanda so that they may forthwith assign it to the High Court for trial.

It is his sixth application involving cases for genocide-suspects still on the run and the eighth motion for which he has asked the Tribunal to refer to Rwanda for prosecution.

Other pending applications involve fugitives, Aloys Ndimbati, ex-Mayor of Gisovu commune and Charles Ryandikayo, who was manager of a restaurant in Mubuga in the Gishyita commune, in Kibuye prefecture, West Rwanda. The Tribunal has ruled in favour of prosecution in respect to five other referral applications.

They involve fugitive Ladislas Ntaganzwa, former mayor of Nyakizu commune in Butare prefecture, south Rwanda and Bernard Munyagishari, the alleged leader of the Interahamwe militias in Gisenyi prefecture, North Rwanda. In both cases, the defence is expected to lodge appeals against the two decisions.

Other three cases already sent to Rwanda including ICTR detainee Pastor Jean Uwinkindi, whose case is pending before Rwandan judiciary and Fulgence Kayishema and Charles Sikubwabo, both fugitives, who were communal officials in Kibuye prefecture.

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