\nArusha,24 June 2008 (FH)\u2014The Prosecutor of the International Criminal Tribunal (ICTR), Justice Hassan Jallow, has filed an appeal against the Chamber\u2019s decision not to approve transfer of genocide accused former businessman Gaspard Kanyarukiga,63, to stand a trial in Kigali.
\nThis is the second appeal in less than three weeks lodged by the Prosecutor over transfer rejection by the Chambers.\n<\/p>\n
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\nThe Chamber last month denied transfer of genocide suspect 73-year-old Yusuf Munyakazi, an ex-trader during the 1994 genocide.
\n\u201cThe appeal was deposited on Monday,\u2019\u2019 the Gambian-born ICTR boss confirmed to Hirondelle Agency.
\nThe three-bench judges made of Erik Mose of Norway (presiding), Sergei Egorov (Russia) and Rita Arrey (Cameroon) in a decision rendered earlier this month, rejected the prosecution\u2019s motion of Kanyarukiga\u2019s transfer on grounds that the suspect may not receive a fair trial, adding that the he would also not be able to call witnesses residing outside Rwanda \u201cto an extend and in a manner which will ensure a fair trial.\u201d
\nThe judges also accepted the defence attorneys\u2019 arguments that it would face problems in obtaining witnesses in Rwanda \u201cbecause they will be afraid to testify\u201d.
\nThe ruling stated that the suspect, if convicted to life imprisonment, may risk solitary confinement \u201cdue to unclear legal provisions in Rwanda.\u201d
\nHowever, the Chambers have acknowledged Rwanda\u2019s notable progress in its judicial system, including abolishing the death penalty since last year.
\nIn addition to submissions by the Prosecution and the Defence, the judges considered briefs from the Rwandan government, the Kigali Bar Association, Human Rights Watch and the International Criminal Defence Attorneys Association, which had been given amicus curiae(friends of the court) status.
\nKanyarukiga, who was arrested in South-Africa in July 2004, is alleged to have participated in 1994 genocide in Kibuye Province, western Rwanda. He has pleaded not guilty.
\nLast week, another Chamber turned the transfer of Commander of Ngoma Camp, Lieutenant Ildephonse Hategekimana on similar grounds.
\nJustice Jallow said that he would also appeal against Hategekimana.
\nThe other two accused targeted for transfers and their decisions are awaited are: former Mayor Jean Baptist Gatete and former Inspector of Judicial Police, Fulgence Kaysihema. The latter is still at large.
\nThe prosecution\u2019s transfer motions are within the framework of the ICTR\u2019s exit strategy, which wants to transfer some cases to national jurisdictions in order to finish by the end of the year all first instance trials as directed by the Security Council. However, the Prosecutor last week asked the Security Council for additional one year to complete their work.
\nHeadquartered in Arusha, northern Tanzania, ICTR has, so far delivered 30 convictions and five acquittals.
\nEight accused, held in Arusha, are currently awaiting their trials. One is detained in Europe awaiting his transfer to the ICTR, whereas 13 suspects are still on the run, including Felicien Kabuga, the alleged financier of killings, which according to UN estimates, claimed lives of about 800,000 people, mostly ethnic Tutsis and moderate Hutus.
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Arusha,24 June 2008 (FH)\u2014The Prosecutor of the International Criminal Tribunal (ICTR), Justice Hassan Jallow, has filed an appeal against the Chamber\u2019s decision not to approve transfer of genocide accused former businessman Gaspard Kanyarukiga,63, to stand a trial in Kigali. This is the second appeal in less than three weeks lodged by the Prosecutor over transfer […]<\/p>\n","protected":false},"author":64,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[555],"tags":[],"ji_location":[],"class_list":["post-15408","post","type-post","status-publish","format-standard","hentry","category-hirondellenews"],"acf":[],"yoast_head":"\n