ICTR Activities

Indictment and Detention (situation as of 31 December 2007)

Since beginning operations, 74 people in total have been arrested at the demand of the ICTR which has set up a UN detention centre in the prison quarters of Arusha. In total, 55 persons are currently detained under the authority of the ICTR, including six who are still awaiting the start of their trial. Six prisoners have been transferred to Mali to serve out their sentences, five have been acquitted, three have been released, two have died and three others have been sent to appear before national courts to stand trial.

Thirty five persons in total have been tried since 1994.

Judgements and Sentences

Several judgements have been pronounced and sentences handed down by the ICTR:

• To life imprisonment: Jean-Paul Akayesu, Sylvestre Gacumbitsi, Jean Kambanda, (former Prime Minister of Rwanda who pleaded guilty to crimes of genocide), Jean de Dieu Kamuhanda, François Karera (former préfet for the Kigali region), Clément Kayishhema, Michael Muhimana, Alfred Musema, Emmanuel Ndindabahizi, Eliezer Niyitegeka and George Anderson Nderubumwe Rutaganda, all of whom were sentenced to life imprisonment by a Trial Chamber or by the Appeals Chamber;
• To a fixed prison term: Jean-Bosco Barayagwiza (32 years), Paul Bisengimana (15 years), Samuel Imanishimwe (12 years), Juvenal Kajelijeli (45 years), Fredinand Nahimana (30 years), Hassan Ngeze (35 years), Elizaphan Ntakirutimana (10 years), Gérard Ntakirutimana (25 years), Joseph Nzabirinda (7 years), Juvenal Rugambarara (11 years), Georges Ruggiu (12 years), Vincent Rutaganira (6 years), Obed Ruzindana (25 years), Laurent Semanza (35 years), Omar Serushago (15 years) and Aloys Simba (25 Years).

As of 31 December 2007, 28 trials were underway, 6 detainees were still awaiting trial and 14 persons were still at large.

According to the Completion Strategy, the ICTR has one remaining year to try the remaining defendants. In order to shorten the list of those awaiting trial, many diplomatic contacts have been established in order to have these persons transferred to national courts. Certain transfers were not concluded such as that of Michael Baragaza who was to be tried in the Netherlands but will in the end be transferred to Arusha for trial. The Prosecutor also filed requests to transfer several detainees to Rwanda. These requests are currently awaiting the decision of the appropriate Chamber with which the request was lodged. Despite the abolition of the death penalty in Rwanda, these transfers are still not the subject of unanimous agreement. Doubts on the possibility of fair and equitable trials in Kigali have been raised by human rights organisations. If the Chambers do not accede to these requests, then the ICTR will find itself unable to complete its mandate before the end of 2008.

Witnesses

A department exists for the protection of witnesses and victims and is in charge of the security and well being of all witnesses, whether it be for the defence or the prosecution. This section has been successful in protecting the anonymity of these witnesses and in providing them with assistance after giving testimony.

One Rwandan citizen who had given testimony in a trial was sentenced by the ICTR on 3 December 2007, for giving false testimony and for contempt of court. This is the first time a witness has been convicted by the ICTR for false testimony. The witness, known as GAA to guarantee his security, admitted the facts and accused a Tribunal investigator of inciting him to provide false testimony during the appeal trial of Jean de Dieu Kamuhanda (former Minister of Higher Education), which took place in May 2005.

Enforcement of Sentences

On 12 February 1999, the ICTR Registry and the Government of Mali signed an agreement whereby Mali accepted to receive convicted prisoners to serve out their sentences in Mali. Mali thereby became the first country to sign an agreement with the ICTR. Similar agreements on the transfer of prisoners were also signed by five countries including Benin on 26 August 1999, and the Kingdom of Swaziland on 30 August 2000, but none of these have yet been implemented. With the exception of the first six convicted prisoners transferred to Mali in December 2001, no other prisoner has been accepted by another country. The first prisoner to have served out his sentence, Elizaphan Ntakirutimana, was released from prison in December 2006. He died at the end of January 2007.