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 |  |  |  | Gaspard Kanyarukiga |  | | context : | Rwanda  | | judgement place : | ICTR (Rwanda)  | | status : | Indicted | | particulars : | Indicted by the Prosecutor of the ICTR; referral request to the Rwandan judiciary filed by the ICTR Prosecutor on 11 September 2007; referral denied by the ICTR on 6 June 2008 | | position : | Businessman | |
|  | |  | Gaspard Kanyarukiga was arrested on 16 July 2004 in South Africa and transferred to the prison quarters of the ICTR in Arusha, Tanzania on 19 July 2004.
Gaspard Kanyarukiga has been charged on four counts of indictment:
- genocide (Art. 2 § 3 lit. a ICTR Statute), or alternatively, complicity to commit genocide (Art. 2 § 3 lit. e ICTR Statute), conspiracy to commit genocide (Art. 2 § 3 lit. b ICTR Statute) and
- extermination as a crime against humanity (Art. 3 lit. b ICTR Statute)
At his initial court appearance before the ICTR, on 22 July 2004, Gaspard Kanyarukiga pleaded not guilty.
The date of his trial has not yet been set.
On 11 September 2007, the ICTR-Prosecutor filed a request to refer the cases of Hategekimana, Yussuf Munyakazi and Gaspard Kanyarukiga (see 'related cases') for trial before the Rwandan judiciary.
According to the ICTR-Rules of Procedure, the President of the Court had to designate a referral bench consisting of three judges for each of the three requests. The Bench had to decide on the referral after having heard the arguments of Prosecution and Defence.
All of the accused were opposed to the transfer of their files to the Rwandan judiciary, despite the fact that the death penalty, which constituted the main obstacle to referrals from the ICTR, was abolished in July 2007.
On 6 June 2008, the Referral Bench rejected the request by the prosecutor and refused to refer the case to the Rwandan judiciary due to fears that he would not receive a fair trial there. |  | |  | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. |  |  |  | | last time seen : | | | Arusha (Tanzania) |  | | period of charges : | | | 06.04.1994 - 20.04.1994 |  | | charges : | | | Crimes against humanity Genocide |  | | profile last modified : | | | 22.06.2008 |
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