7/26/08

Rwanda falls short in safeguarding defendant rights: HRW report
Benjamin Klein at 8:21 AM ET

Photo source or description
[JURIST] A report [PDF text] released Friday by Human Rights Watch [advocacy website] states that the Rwandan government [official website; JURIST news archive] has made substantial progress in reforming its justice system over the past four years, but has fallen short in several key areas. The report commended Rwandan authorities for better ensuring the delivery of justice, strengthening defendants' rights and abolishing the death penalty, but cautioned that "the technical and formal improvements in laws and administrative structure have not been matched by gains in independence in the judiciary and assurance of rights to fair trial." Human Rights Watch cited a failure by the government to ensure numerous fair trial standards, including the presumption of innocence, the right to present witnesses in one's own defense, and right to protection from double jeopardy. The report also questioned the independence of the judiciary:
Judicial authorities operate in a political context where the executive continues to dominate the judiciary and where there is an official antipathy to views diverging from those of the government and the dominant party, the Rwandan Patriotic Front. A campaign against "divisionism" and "genocidal ideology" imposes the risk of serious consequences on persons who question official interpretations of the past and who would prefer other than the official vision for the future.
The report comes at a pivotal stage for the International Criminal Tribunal for Rwanda (ICTR) [official website; JURIST news archive], which under UN Security Council Resolution 1503 [PDF text] is expected to complete all trials by 2008 and appeals by 2010. The Appeals Chamber is currently reviewing several decisions [JURIST report] in which the Trial Chamber refused to transfer cases from the ICTR to Rwandan national courts. Last month, the Trial Chamber refused [JURIST report] the third bid by ICTR Prosecutor Hassan Bubacar Jallow and the Rwandan government to transfer a case back to the country's national justice system, citing a lack of procedural safeguards, including a defendant's right to present witnesses on his behalf.




--
Jean-Louis Kayitenkore
Procurement Consultant
Gsm: +250-08470205
Home: +250-55104140
P.O. Box 3867
Kigali-Rwanda
East Africa
Blog: http://www.cepgl.blogspot.com
Skype ID : Kayisa66
Posted by at

4 comments:

  1. AnonymousJuly 28, 2008 at 11:58 PM

    This is really interesting. Do you know if there is anywhere a compilation of cases pending possible transfer to Rwanda, such as ICTR 11bis cases and cases from other countries such as Sylvere Ahorugeze who was recently brought under a case in Sweden?

    ReplyDelete
  2. AnonymousJuly 29, 2008 at 11:41 AM

    The ICTR prosecution has requested for the transfer to Rwanda of five cases to be tried in the country where the suspects are alleged to have committed their crimes.

    Three of these requests have already been turned down by the ICTR trial chambers, citing incompetence of the judiciary in Rwanda.

    The prosecutor has appealed against two of these rejections - Gaspard Kanyarukiga and Yusuf Munyakazi, two former businessmen who are charged with Genocide, complicity in genocide and crimes against humanity.

    Two other transfer motions pending are: Jean-Baptiste Gatete, a former mayor, and Fulgence Kayishema, a former police inspector who is still on the run.

    ReplyDelete
  3. AnonymousJuly 29, 2008 at 10:51 PM

    Great, thanks. Do you know about cases that have been transferred from France, Belgium or other states to Rwanda for prosecution? Have such attempts been turned down by courts of those countries or have certain transfers been approved?

    Thanks!

    ReplyDelete
  4. AnonymousJuly 29, 2008 at 11:10 PM

    A British judge has acquiesced the extradition request formulated by Rwanda against four men, accused by Rwanda of genocide, conspiracy to commit genocide, complicity in genocide, crimes against humanity, murder and looting committed in 1994.

    Vincent Banjinya, allegedly a former militia leader, Célestin Ugirashebuja, the former mayor of Kigoma, Emmanuel Nteziryayo and Charles Munyaneza, respectively former mayors of Mudasomwa and Kinyamakara, were arrested at the end of December 2006 in Great Britain at the request of Rwanda. The hearing began in September 2007.

    ReplyDelete

Subscribe to: Post Comments (Atom)