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Report on the completion strategy of the International Criminal Tribunal for Rwanda
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15 May 2015
Letter dated 15 May 2015 from the President of the International Criminal Tribunal for Rwanda addressed to the President of the Security Council
I have the honour to transmit herewith the assessments of the President and the Prosecutor of the International Criminal Tribunal for Rwanda on the implementation of the completion strategy of the Tribunal, pursuant to Security Council resolution 1534 (2004), as at 5 May 2015 (see enclosure).
I should be grateful if you would transmit the enclosed report to the members of the Security Council.
(Signed) Judge Vagn Joensen
Report on the completion strategy of the International Criminal Tribunal for Rwanda as at 5 May 2015
[Original: English and French]
I. Activities in Chambers
A. Activities at first instance
1. Judgements (annex I)B. Activities at the Appeals Chamber
2. Referrals pursuant to rule 11 bis (annex II)
3. Other work in the Trial Chamber
4. Status of fugitives (annex III)
II. Measures implementing the completion strategy
A. Judicial calendar and management of proceedings
B. Judges and staff management C. Work of the Office of the Prosecutor D. Work of the Office of the Registrar
III. Transition to the Residual Mechanism
A. Judicial functions
B. Office of the President
D. Office of the Prosecutor
IV. Conclusion and updated prognosis regarding the implementation of the completion strategy
I. Trial judgements: 75 accused in 55 judgements
II. Referrals pursuant to rule 11 bis for apprehended accused: 4 accused in 4 cases
III. Fugitives indicted by the Tribunal
1. In 2003, the International Criminal Tribunal for Rwanda ("the Tribunal") formalized a strategy ("the completion strategy") to achieve the objectives of completing investigations by the end of 2004, all trial activities at first instance by the end of 2008 and all of its work in 2010, in accordance with Security Council resolution 1503 (2003).
2. The present report, in conjunction with previous submissions to the Security Council pursuant to resolution 1534 (2004), provides an overview of the progress of the Tribunal to date in implementing the completion strategy, which has continued to be updated and developed since 2003. |1|
3. As at 5 May 2015, the Tribunal had completed its work at the trial level for all 93 accused indicted by the Tribunal. This includes 55 first-instance judgements, involving 75 accused, 10 referrals to national jurisdictions (4 apprehended accused and 6 fugitive cases), 3 top priority fugitives whose cases have been transferred to the International Residual Mechanism for Criminal Tribunals ("the Residual Mechanism"), 2 withdrawn indictments and 3 indictees who died prior to judgement. Appellate proceedings have been concluded in respect of 55 persons. During the reporting period, the Residual Mechanism delivered its first judgement on the appeal from the trial judgement in the Ngirabatware case and the Tribunal Appeals Chamber heard oral arguments in its sole remaining case on appeal, the Nyiramasuhuko et al. (Butare) case, which is projected to be completed in the fourth quarter of 2015.
4. To date, nine of the accused indicted by the Tribunal for their participation in the genocide in Rwanda remain at large. Pursuant to Security Council resolution 1966 (2010), the responsibility for the tracking and trials of all nine of those fugitives remains with the Republic of Rwanda and the Residual Mechanism. The Residual Mechanism will retain jurisdiction over three of those indictees: Augustin Bizimana, Felicien Kabuga and Protais Mpiranya. Previously completed preservation of evidence proceedings will help to ensure smooth trials of those three indictees, who will be tried before the Residual Mechanism upon their arrest. The cases of the remaining six fugitives have been referred to Rwanda; the Residual Mechanism will continue to assist with the efforts to track those fugitives.
5. The transition to the Residual Mechanism is close to completion, and the Tribunal plans to close by the end of 2015. Most judicial and prosecutorial functions have already been handed over to the Residual Mechanism and during the reporting period it continued to put into place arrangements for self-administration, with the Tribunal and the International Tribunal for the Former Yugoslavia providing assistance as necessary, while the handing over of functions is being done on a continuous basis.
I. Activities in Chambers
A. Activities at first instance
6. The present report covers the period from 6 November 2014 to 5 May 2015. With the substantive work at the trial level now complete and in light of the imminent closure of the Tribunal, benches have been assigned to review the contempt/false testimony cases where orders in lieu of indictments were confirmed before 1 July 2012 and remain outstanding.
7. The major challenges for the coming months are the completion of the final appeal and the continuing preparation of archives for the handover to the Residual Mechanism. The present report shows that the Tribunal continues to make progress in the preparation of its records for transfer to the Mechanism and is left with only one appeal case, which is expected to be completed in 2015.
1. Judgements (annex I)
8. The work at the trial level is complete. The final list of the first-instance judgements of the Tribunal is contained in annex I to the present report.
2. Referrals pursuant to rule 11 bis (annex II)
9. The monitoring of all referred cases now falls under the jurisdiction of the Residual Mechanism. As is shown in the table in annex II, four cases of accused persons indicted by the Tribunal, who are in custody, have been referred to national jurisdictions. The two cases referred to France are currently being monitored by a staff member of the Tribunal Appeals Chamber, who provides reports to the President of the Residual Mechanism. The two cases referred to Rwanda have been monitored on an interim basis by staff members from the Registries of the Tribunal, the International Tribunal for the Former Yugoslavia and the Residual Mechanism. During the reporting period, the monitoring was carried out by a representative from an international body, with the assistance of the Registry of the Residual Mechanism. The Prosecutor of the Residual Mechanism also continues to monitor all four cases closely through an independent monitor. The monitoring reports for all four accused transferred to national jurisdictions are available on the website of the Mechanism. Details on all monitoring activities are contained in the progress reports of the Mechanism.
3. Other work in the Trial Chamber
Office of the President
10. Considering the plans for closure by the end of 2015, an exhaustive review of cases of contempt/false testimony which remain under the jurisdiction of the Tribunal is under way. The President has assigned Trial Chambers to review the contempt/false testimony indictments confirmed prior to 1 July 2012, in order to determine whether any action is required as part of the transition of judicial functions to the Residual Mechanism. In his double-hatted role as the duty judge for the Arusha branch of the Mechanism, the President also rendered orders and decisions on witness protection and other confidential matters and currently remains seized of several pending matters.
11. During the reporting period, staff members of the Office of the President met with, and will continue to work closely with, staff members of the Tribunal Archives Unit to ensure a smooth transition of all records of the Tribunal Trial Chamber and the Office of the President to the Residual Mechanism.
12. The President remains involved in discussions on possible solutions to the issue of reparations for victims of international crimes committed during the 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed. During the reporting period, the International Organization for Migration (IOM) continued its consultations with the Government of Rwanda on the finalization and dissemination of the assessment study that identifies options for reparations for victims and survivors, and describes in concrete and operational terms how those options could be developed, established and implemented in the Rwandan context. Once the final report has been issued, it will be disseminated to the relevant stakeholders and follow-up activities will be planned.
4. Status of fugitives (annex III)
13. As at 5 May 201 5, nine fugitives indicted by the Tribunal remained at large. However, none remain within its purview of responsibility, since six of the nine cases have been referred to Rwanda, and the remaining three top priority fugitives will be tried by the Residual Mechanism.
B. Activities at the Appeals Chamber
14. As at 5 May 2015, appellate proceedings had been concluded in respect of 55 persons. Only the Butare case, concerning six persons, remains before the Appeals Chamber.
15. During the reporting period, the Appeals Chamber addressed pre-appeal matters and heard the appeals in the last case.
16. The remaining appeal judgement, concerning six persons, is projected to be completed in the fourth quarter of 2015.
Pending appeal from judgement: one case
17. The trial judgement in the Butare case was rendered on 24 June 2011 and issued in writing on 14 July 2011. All seven parties (the six convicted persons and the prosecution) appealed. Following translation and briefing delays, which were outlined in previous reports, the briefing of the appeal submissions in the case was completed in October 2013. Despite the scope and complexity of the appeals, the departure of experienced staff, the need to rule on the very voluminous and complex pre-appeal litigation, which included 18 pending motions for admission of additional evidence prior to the appeal hearing, and the judges' workload, the hearing of the appeals in the case was held in April 2015. It is projected that the appeal judgement will be delivered in the fourth quarter of 2015.
II. Measures implementing the completion strategy
18. The following section supplements prior reports and highlights essential elements of the efforts of the Tribunal to comply with its completion strategy.
A. Judicial calendar and management of proceedings
19. The Tribunal completed all its trial work before the end of 2012. The Appeals Chamber has completed all of its work, with the exception of the Butare appeal, on which delivery of the judgement is still expected before the end of 2015.
20. During the reporting period, the President and the Registrar remained in contact with the presiding judge of the Butare appeal. The presiding judge indicated that the complexity of the appeal case, the number of pre-appeal motions filed by the parties and the departure of experienced staff members continued to have an impact on the timeline for the completion of the case. The President and the Registrar are following the progress being made in the Butare case closely and will continue to work with the presiding judge to avoid any further delays.
21. The Tribunal continues to make progress toward completing its mandate. As detailed below in section III, all organs are working diligently to facilitate the closure of the Tribunal and the transition to the Residual Mechanism.
B. Judges and staff management
22. Currently nine permanent judges are working in the Appeals Chamber and one ad litem judge (the President) is working in the Trial Chamber of the Tribunal.
23. Pursuant to Security Council resolution 2194 (2014), the terms of office for Judges Arlette Ramaroson (Madagascar), Khalida Rachid Khan (Pakistan), Bakhtiyar Tuzmukhamedov (Russian Federation), and Mandiaye Niang (Senegal), permanent judges of the Tribunal and members of the Appeals Chamber, will expire on 31 December 2015, or upon completion of the cases to which they are assigned, if sooner. The terms of office for Judges William H. Sekule (United Republic of Tanzania) and Mehmet Guney (Turkey) were set to expire on 31 July 2015, or upon completion of the cases to which they are assigned, if sooner.
24. Judges Sekule and Güney demitted office in April 2015 following delivery of the appeals judgement in the Tolimir case at the International Tribunal for the Former Yugoslavia, which was the last case to which they were assigned. Judges Khan and Tuzmukhamedov are assigned to the Butare case and are accordingly expected to demit office upon its completion in 2015. Judges Niang and Ramaroson are assigned to cases before the International Tribunal for the Former Yugoslavia and are also expected to demit office upon completion of their cases in 2015.
25. Pursuant to Security Council resolution 2194 (2014), the term of office for Judge Vagn Joensen (Denmark) was extended until 31 December 2015 in order for him to continue his functions as trial judge and President of the Tribunal.
26. The Tribunal remains grateful to the General Assembly and the Security Council for their continued efforts aimed at ensuring the successful completion of the Tribunal, including approving the extensions of the terms of office for the aforementioned judges.
2. Staff management and budget
27. As more of the workload was completed during the period under review, the Tribunal continued to simultaneously implement the downsizing process that was developed in 2007 in close consultation with the staff association. According to that process, in 2008 and 2009 management began to decide who would leave and when, depending on the outcome of fair and transparent retention processes. During the biennium 2014-2015, the Tribunal envisages the abolition of 321 posts, representing 77 per cent of the authorized 416 posts for the period 2012-2013. The Tribunal separated about 117 staff members as at 31 December 2014 and further staff separations are expected following the oral arguments in the Butare case in April 2015; additional separations are also expected to occur throughout the year. The Tribunal continues to employ the downsizing mechanism.
28. At the present stage of the Tribunal's operations, one of the biggest challenges in human resources is to provide adequate support to staff during the downsizing process, in their transition from the Tribunal to other careers. Additionally, it remains a huge challenge to retain the critical staff required at this stage to complete the remaining workload of the Tribunal. The lack of a structured and sustainable arrangement for the Secretariat to integrate Tribunal staff into the wider United Nations workforce, despite their experience and qualifications, affects the ability of the Tribunal to persuade those relatively few remaining staff required to stay on until the completion of the mandate. The second major challenge is that the Tribunal is unable to find suitable replacements for the experienced staff that it is continuously losing. Persuading people to join the Tribunal, especially at a stage when the Tribunal is so close to closure, is proving an almost impossible task. Its inability to offer fixed-term contracts of less than one year forces the Tribunal to recruit using temporary job openings that United Nations staff members with the relevant experience are not willing to accept, as that would require giving up their existing fixed-term contracts. It is also difficult to retain temporary staff members, as they are constantly looking for more permanent positions elsewhere. The Tribunal continues to explore with the Office of Human Resources Management the possibility of granting additional flexibility measures within the United Nations staff rules and regulations, such as lateral transfers for Tribunal staff members, depending on their skills and qualifications, to assist in meeting those challenges and prevent any further delay in the completion of the mandate of the Tribunal.
C. Work of the Office of the Prosecutor
29. During the reporting period, the Office of the Prosecutor continued to focus its work on the completion of the remaining appeal; supporting the monitoring of cases referred to national jurisdictions for trial; multiple transitional dispositions aimed at ensuring a smooth and effective transfer of functions to the Office of the Prosecutor of the Residual Mechanism; the preparation of materials for archiving; and diverse activities for the Prosecutor's closing report to the Secretary-General. The Office of the Prosecutor was further engaged in organizing the seventh Colloquium of International Prosecutors, held on 4 and 5 November 2014, in conjunction with the twentieth anniversary of the establishment of the Tribunal, as well as the completion of other essential legacy projects initiated over the years.
30. Litigation in connection with the Butare case continued during the reporting period. That appeal, which comprises six defence appeals and one prosecution appeal, is the last appeal before the Tribunal. Post-appeal litigation has remained heavy. In recent weeks, the Appeals Chamber has issued 9 decisions that disposed of 15 motions identified in the last report. Five other defence motions to present additional evidence on appeal remain pending at the present time. In response to an order by the Appeals Chamber, on 8 April 2015 the prosecution filed supplemental submissions in relation to several convictions. Oral arguments in the Butare case began on 14 April and concluded on 22 April 2015. Defence responses to the supplemental submissions of the prosecution were filed on 30 April and 5 May 2015. The prosecution may seek leave to reply to those additional defence submissions post-argument.
31. In addition to conducting litigation in the Butare appeal, the Appeals and Legal Advisory Division assisted in the conduct of appellate and other litigation before the Residual Mechanism. In the case of Prosecutor v. Augustin Ngirabatware, on 18 December 2014 the Appeals Chamber of the Mechanism affirmed Ngirabatware's convictions for direct and public incitement to commit genocide and for instigating and aiding and abetting genocide. It reversed his conviction for rape as a crime against humanity, and reduced his sentence from 35 to 20 years imprisonment.
32. In addition to appeals, the Division assisted in monitoring cases referred to national jurisdictions for trial and investigating and responding to additional requests for the revocation of referral orders filed by Bernard Munyagishari and Jean Uwinkindi earlier in 2015. On 8 April 2015, the President of the Residual Mechanism dismissed Munyagishari's third request for revocation, without prejudice to the filing of a new request. Uwinkindi's second request remains pending at the present time.
33. The Division also continued to review the disclosure obligations of the prosecution pursuant to rule 68 of the Rules of Procedure and Evidence of the Tribunal. Records of past disclosure are being compiled to ensure a smooth transition of this core function to the Office of the Prosecutor of the Arusha branch of the Residual Mechanism. In keeping with Security Council resolution 1966 (2010), the Office of the Prosecutor continued to provide administrative and other essential support to the Residual Mechanism on a double-hatting basis, as the Mechanism moves towards supporting itself in its various administrative and case-related functions.
34. The Information and Evidence Support Section has systematically continued to provide substantial support to the Appeals and Legal Advisory Division in complying with the continuing disclosure obligations of the Office of the Prosecutor, pursuant to rule 68 of the Rules of Procedure and Evidence of the Tribunal. In that context and with a view to ensuring the smooth transition of functions to the Residual Mechanism, pursuant to resolution 1966 (2010), the Division and the Section have jointly continued a comprehensive review of cases that have gone to final judgement, in order to identify any potentially exculpatory material that has not yet been disclosed. Records of all past disclosures continued to be compiled into a master database for handover to the Residual Mechanism. Updated searches of the evidence database of the Office of the Prosecutor are currently being performed to update all disclosure obligations. In addition, exculpatory materials continued to be identified and incorporated into the evidence database.
35. During the reporting period, the Information and Evidence Support Section also continued to transfer supplementary records from prosecutions and investigations to the Office of the Prosecutor of the Arusha branch of the Residual Mechanism. Four prosecution case files, Military 1, Military 2, Government 1 and Government 2, measuring a total of 134.1 linear metres, were transferred to the Office of the Prosecutor of the Mechanism. The Section also transferred 45 linear metres related to 19 individual case files. In total 179.1 linear metres of prosecution case files, representing 1,100 archival boxes, were transferred to the Office of the Prosecutor of the Residual Mechanism. A comprehensive audit of the collection of evidence records has also been carried out, leading to its transfer to the Office of the Prosecutor of the Mechanism. The transfer amounted to 105.55 linear metres of documents, artefacts and audiovisual and other seized materials. The vault of evidence records of the Office of the Prosecutor of the Tribunal was transferred to the Residual Mechanism on 24 April 2015, thereby marking the handover of the custody of, and management responsibility for, the evidence materials (cleaning duties, daily routine checks of temperature and humidity, management of records and assets and maintenance of the fire suppression system in the vault). In the coming months, the archiving team of the Office of the Prosecutor will enter its final phase of transferring collections of records by focusing on the video collection, photographic collection and digital collection, including the ZyFind database and shared drives. The Section continued to provide regular support to the Office of the Prosecutor of the Tribunal and the Office of the Prosecutor of the Residual Mechanism in terms of system and software operations and research and analysis relating to requests for foreign legal cooperation.
36. During the reporting period, the Office of the Prosecutor also focused on capacity-building by intensifying the international dissemination of its best practices manual on the investigation and prosecution of sexual and gender-based violence, a copy of which is available on the website of the Tribunal. On 11 January 2015, the Office of the Prosecutor released a best practices manual on the referral of international criminal cases to national jurisdictions for trial, a copy of which also is available on the website. Other continuing legacy initiatives include projects related to recording the course of events of the 1994 Rwandan genocide on the basis of the facts established by the judicial processes of the Tribunal and a compilation of its appellate jurisprudence. Multiple activities are also anticipated in connection with the preparation of a comprehensive closing report for the Office of the Prosecutor, to be released prior to the formal closure of the Tribunal.
2. Cooperation of the Office of the Prosecutor with Member States
37. Member States have continued to intensify their cooperation with the objective of apprehending and bringing to trial, within their national jurisdictions, the Rwandan suspects appearing on the International Criminal Police Organization (INTERPOL) list of wanted fugitives. In a double-hatting capacity, the Office of the Prosecutor continued to strengthen its cooperation with diverse States, organizations such as INTERPOL and INTERPOL national offices, including in Rwanda and other countries of the Great Lakes region and in the East African region. In that context, the Office of the Prosecutor of the Tribunal continued to provide essential support to the Residual Mechanism in a double-hatting capacity, as the Mechanism gradually assumes responsibility for the servicing of foreign requests for assistance and for supporting itself in its various other cooperation functions with Member States.
38. With the return of additional judgements and the completion of other core work, such as rule 11 bis (referral of cases) litigation and disclosure updates, an initial reduction in staff levels of the Office of the Prosecutor of the Tribunal was carried out on 31 October 2014, followed by a larger reduction on 31 December 2014, when additional appeals were completed. Depending on the expected date of delivery of the Appeals Chamber judgement in the Butare case, the Prosecutor anticipates closing the Office of the Prosecutor of the Tribunal and shifting any remaining functions to the Office of the Prosecutor of the Residual Mechanism, either as a core activity or through the double-hatting of functions.
D. Work of the Office of the Registrar
39. During the reporting period, the Office of the Registrar continued with its efforts to transfer the remaining administrative functions to the Residual Mechanism and to provide support to the Mechanism in those aspects where it was still needed, including in the areas of security, medical care, the detention of accused persons, transport, finance, general services and routine administrative activities relating to the acquitted persons and those released in the United Republic of Tanzania upon completion of their sentences. It took part in a joint retreat involving the Residual Mechanism and the International Tribunal for the Former Yugoslavia in January 2015 to plan further for the transfer of the remaining administrative functions to the Mechanism. The Office of the Registrar also continued to provide administrative and logistical support to both the Chambers and the Office of the Prosecutor of the Tribunal and assisted members of the defence counsel teams attached to the Butare case. That support included human resources management, court management, finance, general services and other administrative services. The Office of the Registrar also continued to be the face of, as well as the entry point to, the Tribunal. While providing the administrative support to the Residual Mechanism described above, the Office of the Registrar also continued with the downsizing of the Tribunal to prepare for its closure and liquidation in 2015. Until 31 December 2014, the Office of the Registrar also continued with its efforts to relocate the acquitted persons and those released in the United Republic of Tanzania and to settle them outside the country. That function was transferred to the Residual Mechanism effective 1 January 2015.
40. Through its Language Services Section, the Office of the Registrar continued to provide interpretation and translation services to the Appeals Chamber, the Office of the Prosecutor and defence teams in the last appeals case. That involved the translation of all documents required for the judicial processes, including those designated as necessary to ensure that the right to a fair trial of the accused was observed. The Section also translated and continues to translate final judgements to ensure their availability in English, French and Kinyarwanda when transferred to the Residual Mechanism as part of the Tribunal archives. It continued to provide assistance to the Arusha branch of the Mechanism in the translation of judicial filings and official documents, notwithstanding the large number of documents relating to appeals and appeals judgements of the Tribunal that it was also responsible for translating. The Section continued to provide interpretation services to both the Tribunal and the Mechanism for appeals hearings and judgement delivery sessions on the occasions when the Appeals Chamber judges visited Arusha for such hearings and judgement delivery. It also provided interpretation services in English, French and Kinyarwanda during the oral hearings on the Butare appeal that took place during April 2015.
41. During the reporting period, the Judicial and Legal Affairs Section continued its activities with respect to court management, defence counsel and detention management, witness and victim support in respect of ongoing Tribunal cases and, until 31 December 2014, assisted the acquitted persons and those released in Arusha after completing their sentences. In particular, from 14 to 23 April 2015, the Section assisted the Appeals Chamber with the oral arguments of the Butare case, which dealt with seven appeals, one from the Prosecutor and one from each of the six convicted persons. It was also increasingly involved in matters related to staff appeals and representation of the organization before arbitral and other tribunal or administrative proceedings.
1. Activities of the Division of Administrative Support Services
42. The Division of Administrative Support Services continued to provide administrative support to the Tribunal and, in conjunction with the International Tribunal for the Former Yugoslavia, some services to the Residual Mechanism. The activities described below took place during the reporting period with respect to the downsizing of the Tribunal.
43. The Human Resources and Planning Section continued to administer staff entitlements and offer training and counselling to staff members. The Section continuously reviews and streamlines the separation process in order to speed up the receipt of end-of-service benefits by separating staff members. The Career Development and Counselling Unit also continued to provide training on the preparation of curricula vitae, the use of the United Nations Inspira recruitment system and preparation for interviews, as well as preparing staff for the transition to other jobs, including self-employment, after leaving the Tribunal. It is worth noting that a good part of the function of the Human Resources and Planning Section involved increased activities relating to staff development and career support, staff separations and the administration of staff entitlements. However, there was a decrease in activities related to the recruitment of staff members for the Tribunal, in part because of the difficulty in attracting staff to an organization that is closing down.
44. The Security and Safety Section continued to support the Tribunal to ensure the safety and security of its staff, premises, assets and operations through the implementation of the policies of the United Nations security management system. Close collaboration with host Government authorities in Rwanda and the United Republic of Tanzania continued to be promoted, with a view to addressing the perceived increase in security threats in the region. The Security and Safety Section continued to monitor evolving security trends and to ensure that appropriate measures were in place to mitigate threats. It also continued to provide security to the staff members and property of the Residual Mechanism and contributed to planning activities for the new premises of the Mechanism.
45. The General Services Section continued to provide its services, but at a much scaled-down rate. The Section recorded an increase in its workload relating to the disposal of assets that are no longer required. The Assets Management Unit was strengthened to help accelerate the disposal of those assets. Efforts to scale down the provision of in-house services continued, such as providing transport to the airport for staff members, owing to a reduction in the number of vehicles and manpower. The rationalization of office space is an ongoing process, as staff members continue to separate. In the light of the staff reductions, a number of offices were returned to the Arusha International Conference Centre. The writing-off of surplus items as part of the liquidation plan continued in earnest. Donations of equipment to the judiciary of the United Republic of Tanzania, local schools and municipal authorities were also made. In an effort to increase the capacity of the Residual Mechanism for the enforcement of sentences, the Registry, in collaboration with the United Nations Development Programme in Senegal, is refurbishing cells in a prison in Senegal that could potentially house persons convicted by the Tribunal.
46. The Budget and Finance Section continued to prepare payments for staff, separating staff, non-staff (judges) and vendors, while monitoring the rational use of funds in accordance with the approved budget. The Section has been leading the preparation for the implementation by the Tribunal of International Public Sector Accounting Standards (IPSAS), with a particular emphasis on the review of property, plant and equipment, outstanding receivables and liabilities and the management of obligations.
47. The Information Technology Services Section continued to support the downsizing activities and strengthen information and technology infrastructure and processes. It will also support cluster 4 Umoja realization activities at the Tribunal and the United Nations information and communications technology strategy approved by the General Assembly, in conformance with directives from the Office of Information and Communications Technology at United Nations Headquarters.
48. The Health Services Unit continued to provide basic and specialized health services to its clients, including Tribunal and Residual Mechanism staff members and their dependants, detainees, released and acquitted persons, interns, visitors and non-staff members, such as contractors, labourers and cleaners. Hospitalization is outsourced to hospitals in Arusha and the relevant places authorized for medical evacuation.
49. All the services of the Division of Administrative Support Services described above are projected to remain the responsibility of the Tribunal until its closure upon delivery of the Butare judgement in 2015. It is foreseen, therefore, that the Tribunal will enter into its full liquidation phase in December 2015. Only 95 staff members are expected to remain in the Registry until 31 December 2015, to focus on the liquidation and disposal of remaining Tribunal assets, including the residual administrative functions, such as the dismantling of temporary office structures and prefabricated facilities and storage containers; the repair and handing back of rented premises; the disposition of records; disposal of furniture, equipment and supplies; and the settling of outstanding obligations, payables and recovering amounts owed to the Tribunal by staff members and other parties. It should be noted that it will not be possible to complete the liquidation process of the Tribunal within one month and, as such, it is anticipated that some liquidation work will spill over into 2016. The Tribunal has been included in cluster 4 for the implementation of Umoja. The Division of Administrative Support Services will coordinate data preparation and actual implementation of Umoja at the Tribunal, which is expected to take place in November 2015.
2. Cooperation between the Tribunal and Member States
50. The Office of the Registrar has continued to act as the diplomatic arm of the Tribunal and the channel of communication between the Tribunal and the international community. As such, the Office has maintained high-level diplomatic contacts with Member States, international organizations and non-governmental organizations. During the reporting period, the Office of the Registrar transmitted 22 notes verbales and other correspondence related to the operations of the Tribunal, in particular with a view to securing the support and cooperation of Member States.
51. The continued and enhanced cooperation of Member States in certain areas has enabled the Tribunal to complete successfully a number of tasks that will remain in its mandate. In addition to focusing on ongoing cases, that cooperation has also included requests for assistance in finding a solution to the difficult challenge of relocating acquitted and released persons, who still remain in Arusha because they cannot leave and go anywhere else. In spite of three Security Council resolutions calling upon Member States to assist (resolutions 2029 (2011), 2054 (2012) and 2080 (2012)), that assistance has been extremely slow in coming. Since the adoption of those Security Council resolutions, only one Member State, Belgium, has offered such assistance. In September 2014, Belgium granted a family reunion visa to one acquitted person, Augustin Ndindiliyimana, and allowed him to move immediately to Belgium. To date, eight acquitted and three released persons remain in Arusha. The Tribunal hopes that with similar assistance from other Member States, it will be possible to find places to which it can relocate the other acquitted and released persons still residing in Arusha. The fact that article 28 of the statute of the Tribunal does not oblige Member States to cooperate in matters of relocation has not been helpful. Until 1 January 2015, when the function of looking after the acquitted and released persons was transferred to the Residual Mechanism, the Tribunal continued to redouble its relocation efforts, in terms of the strategic plan that was formulated and submitted by the Registrar to the Security Council Informal Working Group on International Tribunals on 30 May 2013 and was explained in the six-monthly report of the President of the Tribunal to the Security Council in May 2014 (S/2014/343) and in the nineteenth annual report of the Tribunal (A/69/206-S/2014/546).
52. In the meantime, the 11 acquitted or released individuals remain in the territory of the United Republic of Tanzania without identity documents, proper immigration status or any means of survival. In the light of the imminent closure of the Tribunal and the insufficient level of voluntary cooperation from Member States, the Tribunal once again calls upon the Security Council for urgent assistance in finding a sustainable solution to this issue.
3. Outreach and capacity-building
53. During the reporting period, the Tribunal continued to implement major outreach programmes. In November 2014, during the twentieth anniversary, it brought to Arusha a group of 17 journalists from major media houses in Burundi, Kenya, Rwanda, Uganda and the United Republic of Tanzania, who, apart from attending the major events organized to mark the occasion, were briefed on the work of the Tribunal, its challenges and the achievements registered. Subsequently, the major print and electronic media outlets in the region carried comprehensive news and articles on the work of the Tribunal. In April 2015, representatives of the Tribunal took part in the events marking the International Day of Reflection on the Genocide in Rwanda in Dar es Salaam, United Republic of Tanzania, where, through exhibitions, media engagements and presentations, they provided information to the participants about the completion strategy and the achievements registered during the lifetime of the Tribunal.
54. The Tribunal also continued to disseminate information to all national, regional and international stakeholders. More than 3,000 copies of its cartoon book 100 Days: In the Land of a Thousand Hills were distributed in Kenya, Rwanda and the United Republic of Tanzania. The book informs and teaches youth about genocide, its causes and dynamics and in particular the Rwandan genocide and the concept of "never again" becoming a reality. The above -mentioned activities form part of a youth sensitization project of the Tribunal that was initially supported by Germany and included an essay-writing and drawing competition involving more than 100 schools in the Great Lakes region. Other materials distributed in the same manner included copies of the video Justice Today and copies of the Tribunal brochures and leaflets.
III. Transition to the Residual Mechanism
55. In compliance with Security Council resolutions 2054 (2012) and 2080 (2012), this section details the efforts made during the reporting period regarding the transition to the Residual Mechanism, including projections with projected dates, where possible, for the handover of functions.
A. Judicial functions
56. In resolution 1966 (2010) and the transitional arrangements annexed thereto, the Security Council mandated a coordinated transition of judicial functions to the Residual Mechanism on 1 July 2012 or as soon thereafter as possible.
57. Pursuant to article 2 of the transitional arrangements, any appeals filed with respect to Tribunal decisions or judgements after 1 July 2012 fall under the responsibility of the Residual Mechanism. As a result, the Residual Mechanism has competence over one appeal from a Tribunal judgement, in the Ngirabatware case, where the judgement on appeal was rendered on 18 December 2014. In accordance with its statute and transitional arrangements, the Residual Mechanism is now also responsible for requests for review of Tribunal judgements, trials for contempt of court or false testimony, where the indictment is confirmed on or after 1 July 2012, and for the trials of three of the remaining fugitives once they have been arrested.
58. During the reporting period, the Residual Mechanism also handled numerous requests for assistance from national authorities and other motions stemming from Tribunal trials and appeals. The Mechanism rendered orders and decisions on post-appeal requests for the initiation of proceedings for contempt and assignment of counsel, variation of protective measures, various appeal motions from the Ngirabatware case and other confidential matters.
B. Office of the President
59. Pursuant to article 6 of its statute, the Residual Mechanism is responsible for issues related to cases referred by the Tribunal to national courts, such as the monitoring of cases (with the assistance of international or regional organizations or bodies) and consideration of revocation (where the President must determine whether to appoint a bench). The transfer of that function has been continuing. The Mechanism has already been handling the administration of monitoring the two Tribunal cases referred to France and the Uwinkindi case in Rwanda and, since 1 January 2014, the administrative function of monitoring the other case referred to Rwanda (Munyagishari) has now also been fully transferred to it. A staff member of the Tribunal continues to act as the interim monitor in France and the monitoring in Rwanda is now being done by a representative from an international body with the assistance of the Mechanism.
60. Most functions earmarked in Security Council resolution 1966 (2010) for transfer to the Arusha branch of the Residual Mechanism, including the enforcement of sentences, assistance to national authorities and the protection of witnesses in completed cases, were immediately transferred to the Mechanism upon the establishment of the Arusha branch on 1 July 2012. In view of the fact that the Tribunal is still in the process of completing its mandate, it was understood that other functions would be transferred gradually to the Mechanism once they were no longer critical for the completion of the work of the Tribunal. They include the transfer to the Residual Mechanism of Tribunal records with long-term or permanent retention value for management by the Arusha branch of the Mechanism and the provision of health services, security and other support services. With regard to the preparation of the records of the Tribunal and transferring them to the Residual Mechanism for management, the Registry wishes to report that significant progress has been made and that more records were transferred to the Mechanism during the period under review.
61. The budget for the biennium 2014-2015 was approved by the General Assembly based upon projections in the Tribunal completion strategy reports of May and November 2013. The determination of resource requirements followed in-depth consultations among officials from the International Tribunal for the Former Yugoslavia, the Tribunal and the Residual Mechanism, in order to ensure that the resource requirements of the two Tribunals and the Residual Mechanism were well harmonized to avoid duplication, enhance consistency and promote complementarities. The Tribunal is grateful to Member States for agreeing to provide the resources necessary for the completion of its mandate.
62. In accordance with the agreement between the Tribunal and the Residual Mechanism, the responsibility for relocating the acquitted persons and the provision of services to them was transferred to the Residual Mechanism on 1 January 2015, although certain administrative and logistical services will still be provided by Tribunal staff.
D. Office of the Prosecutor
63. A number of designated professional staff members of the Tribunal have continued double-hatting for activities related to the Residual Mechanism, to assist in transitional activities and make it fully operational. This has mainly been in support of the conduct of tracking operations by the Office of the Prosecutor of the Residual Mechanism, international cooperation and mutual legal assistance. As noted above, Tribunal staff members have supported the Residual Mechanism in the monitoring of cases transferred to national jurisdictions and in the defence of the Ngirabatware appeal and related litigation, which was primarily defended by an ad hoc team of Residual Mechanism staff.
64. Increasingly, the work of the Immediate Office of the Prosecutor has been transferred to the Residual Mechanism. In addition, as noted above, the Appeals and Legal Advisory Division is completing the transfer to the Residual Mechanism of disclosure obligations in all completed cases under rule 68.
65. The Tribunal is also continuing to transfer to the Residual Mechanism responsibility for the management and preservation of the official records and archives of the Office of the Prosecutor. While staff of the Residual Mechanism already have access to the relevant records of the Office of the Prosecutor of the Tribunal, the archives of the Office have continued to be gradually transferred to the Office of the Prosecutor of the Residual Mechanism, where they are expected to be secured upon completion of all Tribunal appeals and related litigation. In the meantime, as the archives of the Residual Mechanism systematically continue to be fully established, materials no longer in active use continue to be compiled and transferred on an ongoing basis and Tribunal staff members continue to double-hat. The processing of records has continued, alongside the appraisal and security classification of all records of the Office of the Prosecutor. That has involved the identification, appraisal and assigning of classification levels to the records of the Office of the Prosecutor, with access control managed through the use of different document collections in the ZyFind database. As a function of paramount importance, coordination and interactive cooperation with the Offices of the Prosecutors of the International Tribunals for the Former Yugoslavia and Rwanda have continued to ensure that the Residual Mechanism operates smoothly.
66. The preparation of the records of the Tribunal with long-term to permanent value and their transfer to the Residual Mechanism for management remains one of the core functions of the Tribunal. The Tribunal has continued to work collaboratively with the Residual Mechanism to remove unnecessary processing steps that do not contribute to the integrity of the metadata of the records. The strategic framework for physical, digital and audiovisual records, which was developed to identify key areas of the project on the retention and disposition of records that needed to be emphasized and practical measures that needed to be taken, was implemented to ensure that the Tribunal successfully completed the disposal of all its records before its closure.
Physical records (hard copy and physical audiovisual records)
67. As at 5 May 2015, the Tribunal had transferred to the Residual Mechanism close to 1,700 linear metres of physical records out of an estimated total of 2,250 linear metres of records anticipated for transfer by its closure in 2015. An additional 30 linear metres are pending transfer to the Residual Mechanism, once it completes its own item-level verification of the records.
68. The transfer projection of 2,384 linear metres reported in the November 2014 completion strategy report has dropped slightly to 2,250 linear metres. That is a by-product of normal record-keeping practice, as records due for destruction and non-record copies are identified. Numbers are expected to continue to vary slightly in the course of 2015 to account for the final appraisal of active records still in use and records that continue to be created due to the day-to-day active functions of the Tribunal.
69. Records inventory, appraisal and rehousing activities continue in all sections and units across the Tribunal. Judicial records relating to the Butare case have been separated and will be transferred only after the delivery of the appeal judgement, while all other records have either been transferred or are being prepared for transfer. The processing and transfer of the judicial records has required substantial resources as they involve clean-up of the metadata and item-level verification of the physical records. As of 5 May 2015, more than 95 per cent of the judicial records of the Tribunal had been transferred to the Archives and Records Section of the Residual Mechanism, or been prepared for transfer. The processing and transfer of non-judicial records in individual offices continues. Transfers to the Residual Mechanism include mainly defence counsel records and those related to detention management, witness and victim records, court management administrative records, correspondence files from the Office of the President and records related to acquitted and released persons, as well as files relating to human resources, information technology and the security section. As at 5 May 2015, the Tribunal had transferred to the Residual Mechanism close to 1,100 linear metres of its Registry records out of a current estimated total of 1,425 linear metres.
70. Despite the vast challenges presented by the volume and nature of the records, as well as the fact that some records are still being created and actively used and therefore cannot yet be prepared, the Tribunal remains confident that the preparation and transfer of inactive records will be completed before closure, with less than 100 linear metres of active and semi-active records left for preparation and transfer to the Residual Mechanism during the liquidation phase.
71. The Tribunal continues to work collaboratively with the Archives and Records Section of the Residual Mechanism to ensure that transfers are carried out in the most efficient and practical manner possible.
72. The appraisal of digital records and systems across the Tribunal continues. A strategic framework for the digital records is now being implemented and proposed transfer methods for records and systems, especially the shared drives of the Tribunal, have been discussed with both the Residual Mechanism and the Information Technology Services Section of the Tribunal. Most offices identify and appraise their shared drive folders using the appraisal guidelines prepared by the Records and Archives Unit of the Registry.
73. The e-mail capture project, which began in October 2014, continues. The project captures both legacy and current e-mail accounts of staff members who have played a significant role in the history of the Tribunal. The Tribunal is currently harvesting e-mail accounts, except for those of the judges and the staff of the Chambers, which will be transferred to the Residual Mechanism.
74. The asset transfer of the HP TRIM and DIVA Content Storage Management systems, comprising 755 gigabytes of judicial and administrative records and 781 terabytes of audiovisual records respectively, which occurred in December 2014, represented a huge milestone for the archiving project of the Tribunal. The Tribunal also continues to host the Residual Mechanism records in its database and collaborates with the Mechanism on changes and updates to the system to ensure smooth data entry and continued access to the records for both organizations.
Audiovisual redaction project
75. At the end of 2013, a target was set for 6,000 hours each of redacted video material in English, French and Kinyarwanda to be handed over to the Residual Mechanism at the close of the audiovisual redaction project in December 2014. Those video files were in addition to the audio files that had been previously completed.
76. By the previously anticipated close of the project on 31 December 2014, a total of 6,488 hours of video footage had been marked for redaction, surpassing the 6,000 hour goal for that stage of the work. At that point, most of the marked material had passed quality control and 5,851 hours had undergone the final assembling of audio tracks and the archiving stage of the workflow, leaving a balance of 637 hours to be completed. All the outstanding wrapping and archiving was completed by a skeleton team from the Tribunal by 15 April 2015. A thorough verification of the metadata relating to all the audiovisual records was also carried out during that period.
IV. Conclusion and updated prognosis regarding the implementation of the completion strategy
77. During the reporting period, judicial and legal activity continued to be focused on completing the remaining appeals and the transition to the Residual Mechanism, as all work at the trial level, referral applications and evidence preservation was completed or transferred to the Mechanism prior to the present reporting period. The focus of administrative energies has remained on activities related to downsizing, including the preparation of the records of the Tribunal for management by the Mechanism and providing the support necessary for the remaining judicial and legal work. The Mechanism's reliance on the Tribunal for administrative services continues to be significantly reduced and the Mechanism is continuing to assume judicial responsibilities in line with the transitional arrangements, including delivery of the first appeal from a Tribunal trial judgement, which was completed in December 2014.
78. Thanks to the tireless work and dedication of the staff and judges, it is projected that the sole remaining appeal judgement in the Butare case will be delivered in the fourth quarter of 2015, following the appeal hearing which was held in April 2015. The formal closure of Tribunal operations is planned to occur by the end of 2015, with only the necessary liquidation activities remaining thereafter. Any residual matters beyond the end of 2015, including liquidation, will be handled by the Residual Mechanism.
79. The past and continued support of Member States remains crucial to the completion of the mandate of the Tribunal. Mutual assistance and international cooperation will continue to play a critical role in the management of all international courts and national courts trying crimes of an international nature and, as such, it is crucial for Member States to ensure that the Tribunal has the same level of support at closure that it did at its inception, and that the same is true for other current and future judicial institutions similarly situated.
80. The Tribunal continues to help ensure that the lessons learned in managing the judicial, administrative and prosecutorial functions of an international tribunal are shared between other international and national jurisdictions and with the public. In that regard, the Office of the President has continued to lead the organization of workshops aimed at sharing the developed practices of the international tribunals that are closing with the International Criminal Court and the Special Tribunal for Lebanon. The next workshop is planned to be a technical training session for the trial and appeals chambers and will be held on 7 and 8 May 2015 in The Hague, when legal officers from the Tribunal, the International Tribunal for the Former Yugoslavia, the Residual Mechanism, the Special Tribunal for Lebanon and the International Criminal Court will meet to discuss developed practices and lessons learned that can be utilized by the staff assisting the judicial chambers of current and future international tribunals, including the International Criminal Court.
81. During the reporting period, the Tribunal held a series of events commemorating the twentieth anniversary of its establishment by the Security Council. During those events, the Tribunal once again reminded the international community of the unimaginable events that took place in Rwanda in 1994 and the contributions that the Tribunal has made over the past two decades towards peace and reconciliation in the Great Lakes region through the judicial process and its capacity-building and outreach programmes. The commemoration events also provided the Tribunal with the opportunity to launch its new website, which will play a crucial role in preserving the work of the Tribunal for posterity and, in so doing, ensure that the victims and survivors of the genocide in Rwanda are never forgotten.
Trial judgements: 75 accused in 55 judgements
Case No. Name Former title Initial appearance Trial Chamber Trial judgement 1 J.-P. Akayesu Bourgmestre of Taba 30 May 1996 I 2 September 1998 2 J. Kambanda Prime Minister 1 May 1998 I 4 September 1998 (guilty plea) 3 O. Serushago Businessman, Interahamwe leader 14 December 1998 I 5 February 1999 (guilty plea) 4 C. Kayishema Préfet of Kibuye 31 May 1996 II 21 May 1999 (joinder) O. Ruzindana Businessman 29 October 1996 5 G. Rutaganda Businessman, 2nd Vice-President of Interahamwe 30 May 1996 I 6 December 1999 6 A. Musema Businessman 18 November 1997 I 27 January 2000 7 G. Ruggiu RTLM Journalist 24 October 1997 I 1 June 2000 (guilty plea) 8 I. Bagilishema Bourgmestre of Mabanza 1 April 1999 I 7 June 2001 9 G. Ntakirutimana Doctor 2 December 1996 I 21 February 2003 (joinder) E. Ntakirutimana Pastor 31 March 2000 10 L. Semanza Bourgmestre of Bicumbi 16 February 1998 III 15 May 2003 11 E. Niyitegeka Minister of Information 15 April 1999 I 15 May 2003 12 J. Kajelijeli Bourgmestre of Mukingo 19 April 1999 II 1 December 2003 12 F. Nahimana RTLM Director 19 February 1997 I "Media Case" (joinder)
3 December 2003
H. Ngeze Kangura Editor 19 November 1997 J.-B. Barayagwiza Director, Ministry of Foreign Affairs 23 February 1998 14 J. Kamuhanda Minister of Culture and Education 24 March 2000 II 22 January 2004 15 A. Ntagerura Minister of Transport 20 February 1997 III "Cyangugu Case" (joinder)
25 February 2004
E. Bagambiki Préfet of Cyangugu 19 April 1999 S. Imanishimwe Lieutenant in FAR 27 November 1997 16 S. Gacumbitsi Bourgmestre of Rusumo 20 June 2001 III 17 June 2004 17 E. Ndindabahizi Minister of Finance 19 October 2001 I 15 July 2004 18 V. Rutaganira Conseiller of Mubuga 26 March 2002 III 14 March 2005 (guilty plea) 19 M. Muhimana Conseiller of Gishyita 24 November 1999 III 28 April 2005 20 A. Simba Lieutenant-Colonel in FAR 18 March 2002 I 13 December 2005 21 P. Bisengimana Bourgmestre of Gikoro 18 March 2002 II 13 April 2006 (guilty plea) 22 J. Serugendo Technical Director, RTLM 30 September 2005 I 12 June 2006 (guilty plea) 23 J. Mpambara Bourgmestre of Rukara 8 August 2001 I 12 September 2006 24 T. Muvunyi Interim Commander, École des sous-officiers 8 November 2000 II 12 September 2006 25 A. Rwamakuba Minister of Education 7 April 1999 III 20 September 2006 26 A. Seromba Priest, Kivumu Commune 8 February 2002 III 13 December 2006 27 J. Nzabirinda Youth organizer 27 March 2002 II 23 February 2007 (guilty plea) 28 J. Rugambarara Bourgmestre of Bicumbi 15 August 2003 II 16 November 2007 (guilty plea) 29 GAA Witness before Tribunal proceedings 10 August 2007 III 4 December 2007 (contempt of Tribunal) 30 F. Karera Préfet of Kigali 26 October 2001 I 7 December 2007 31 S. Nchamihigo Deputy Prosecutor of Cyangugu 29 June 2001 III 24 September 2008 32 S. Bikindi Musician 4 April 2002 III 2 December 2008 33 P. Zigiranyirazo Businessman 10 October 2001 III 18 December 2008 34 T. Bagosora Director of Cabinet, Ministry of Defence 20 February 1997 I "Military I Case" (joinder)
18 December 2008
G. Kabiligi Brigadier-General in FAR 17 February 1998 A. Ntabakuze FAR Battalion Commander 24 October 1997 A. Nsengiyumva Lieutenant-Colonel in FAR 19 February 1997 35 E. Rukundo Chaplain 26 September 2001 II 27 February 2009 36 C. Kalimanzira Directeur de Cabinet of the Ministry of the Interior 14 November 2005 III 22 June 2009 37 L. Nshogoza Former Defence Investigator 11 February 2008 III 2 July 2009 (Contempt of court case) 38 T. Renzaho Préfet of Kigali-ville 21 November 2002 I 14 July 2009 39 M. Bagaragaza Director General of Government Office Controlling the Tea Industry 16 August 2005 III 5 November 2009 (guilty plea) 40 H. Nsengimana Rector, Christ-Roi College 16 April 2002 I 17 November 2009 41 T. Muvunyi Interim Commander, ESO Camp 8 November 2000 III 11 February 2010 (retrial) 42 E. Setako Lieutenant-Colonel 22 November 2004 I 25 February 2010 43 Y. Munyakazi Interahamwe leader 12 May 2004 I 30 June 2010 44 D. Ntawukulilyayo Sous-Préfet of Butare Préfecture 10 June 2008 III 3 August 2010 45 G. Kanyarukiga Businessman 22 July 2004 II 1 November 2010 46 I. Hategekimana Lieutenant, Commander of Ngoma Camp, Butare 28 February 2003 II 1 December 2010 47 J.-B. Gatete Bourgmestre of Murambi 20 September 2002 III 29 March 2011 48 A. Ndindiliyimana Chief of Staff of Gendarmerie 27 April 2000 II "Military II" case (joinder)
17 May 2011
F.-X. Nzuwonemeye FAR Battalion Commander 25 May 2000 I. Sagahutu Second-in-Command of Reconnaissance Battalion 28 November 2000 A. Bizimungu Chief of Staff of FAR 21 August 2002 49 P. Nyiramasuhuko Minister of Family and Women's Affairs 3 September 1997 II "Butare" case (joinder)
24 June 2011
A. S. Ntahobali Interahamwe leader 17 October 1997 S. Nsabimana Préfet of Butare 24 October 1997 A. Nteziryayo Préfet of Butare 17 August 1998 J. Kanyabashi Bourgmestre of Ngoma 29 November 1996 E. Ndayambaje Bourgmestre of Muganza 29 November 1996 50 C. Bizimungu Minister of Health 3 September 1999 II "Bizimungu et al." case (joinder)
30 September 2011
J. Mugenzi Minister of Commerce 17 August 1999 J. Bicamumpaka Minister of Foreign Affairs 17 August 1999 P. Mugiraneza Minister of Civil Service 17 August 1999 51 G. Ndahimana Bourgmestre of Kivumu 28 September 2009 III 17 November 2011 52 E. Karemera Minister of Interior, Vice-President of MRND 7 April 1999 III "Karemera et al." case (joinder -- third accused J. Nzirorera died on 1 July 2010)
21 December 2011
M. Ngirumpatse General Director at Ministry of Foreign Affairs, President of MRND 7 April 1999 53 C. Nzabonimana Minister of Youth in the Interim Government 20 February 2008 III 31 May 2012 54 I. Nizeyimana Second-in-Command, ESO 14 October 2009; further appearances 5 March 2010 and 7 October 2010 III 19 June 2012 55 A. Ngirabatware Minister in the Interim Government 9 February 2009 II 20 December 2012
Referrals pursuant to rule 11 bis for apprehended accused: 4 accused in 4 cases
Case No. Name Former title Initial appearance Trial Chamber Status 56 W. Munyeshyaka Clergy Not applicable (arrested in France) Not applicable Case transferred to France on 20 November 2007. 57 L. Bucyibaruta Préfet of Gikongoro Préfecture Not applicable (arrested in France) Not applicable Case transferred to France on 20 November 2007. 58 J. Uwinkindi Pastor, Nyamata 9 July 2010 III Accused transferred to Rwanda on 19 April 2012. 59 B. Munyagishari Former President of Interahamwe for Gisenyi 20 June 2011 III Accused transferred to Rwanda on 24 July 2013.
Fugitives indicted by the Tribunal
Fugitive name Status Augustin Bizimana Residual Mechanism will be responsible for trial when arrested Félicien Kabuga Residual Mechanism will be responsible for trial when arrested Protais Mpiranya Residual Mechanism will be responsible for trial when arrested Ladislas Ntaganzwa Fugitive accused case referred to Rwanda Fulgence Kayishema Fugitive accused case referred to Rwanda Charles Sikubwabo Fugitive accused case referred to Rwanda Aloys Ndimbati Fugitive accused case referred to Rwanda Charles Ryandikayo Fugitive accused case referred to Rwanda Pheneas Munyarugarama Fugitive accused case referred to Rwanda
1. See the reports submitted to the United Nations on 14 July 2003 and 29 September 2003, in connection with General Assembly resolution 57/289 (2003) and the Tribunal's request to increase the number of ad litem judges sitting "at any one time". Completion strategy reports were submitted to the President of the Security Council on 30 April 2004, 19 November 2004, 23 May 2005, 30 November 2005, 29 May 2006, 8 December 2006, 31 May 2007, 20 November 2007, 13 May 2008, 21 November 2008, 14 May 2009, 9 November 2009, 25 May 2010, 1 November 2010, 12 May 2011, 4 November 2011, 11 May 2012, 5 November 2012, 10 May 2013, 5 November 2013, 5 May 2014 and 5 November 2014. [Back]
DDHH e Impunidad
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