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| |  | | Jean-Baptiste Gatete | | | context : | Rwanda  | | judgement place : | ICTR (Rwanda) | | status : | Indicted | | particulars : | Request for referral of his case to Rwanda filed by the ICTR Prosecutor on 5 December 2007; request denied by the Trial Chamber on 19 November 2008; trial to begin 19 October 2009 | | position : | Former Mayor of Murambi and Member of the National Congress of the MRND |
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| | | | Jean-Baptiste Gatete was arrested on 11 September 2002 in the Republic of Congo. On the 13 September 2002, he was transferred to the ICTR in Arusha, Tanzania.
Ten counts of indictment were brought against him, namely:
- genocide (Art. 2 § 3 (a) ICTR Statute) or alternatively complicity in the crime of genocide (Art. 2 § 3 (e) ICTR Statute), conspiracy to commit genocide (Art. 2 § 3 (b) ICTR Statute), direct and public incitement to commit genocide (Art. 2 § 3 (c) ICTR Statute)
- crimes against humanity: extermination (Art. 3 (b) ICTR Statute), murder (Art. 3 (a) ICTR Statute), persecution (Art. 3 (h) ICTR Statute), rape (Art. 3 (g) ICTR Statute), and
- serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II: murder (Art. 4 (a) ICTR Statute), outrages upon personal dignity (Art. 4 (e) ICTR Statute).
On 20 September 2002 at his first appearance before the Third Trial Chamber of the ICTR, Jean-Baptiste Gatete pleaded not guilty.
The date of his trial has not yet been set.
On 28 November 2007 the Prosecutor of the ICTR filed a request for transfer of the case to the Rwandan justice system. Such transfers are part of the Tribunal's completion strategy.
ON 19 November 2008, a jurisdictional chamber of the ICTR denied the request for referral.
The judges based their decision on the fact that they were not convinced that Gatete would receive a fair trial in case of referral to Rwanda.
The judges expressed their concern that the accused would not be able to present witnesses residing abroad and that those witnesses residing in Rwanda would be too afraid to testify. Finally, according to the decision, there is a risk that Gatete would be sentenced to life imprisonment in solitary confinement, the heaviest sentence after the death penalty was abolished in 2007.
Jean-Baptiste Gatete's trial is set to begin 19 October 2009. | |    | | 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 : | | | 01.04.1994 - 31.04.1994 | | | charges : | | | Crimes against humanity
Genocide
War crimes | | | profile last modified : | | | 08.03.2010 |
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