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ICTR recognizes Rwanda judicial improvements but denies case transfer

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Prosecutors for the International Criminal Tribunal for Rwanda (ICTR) met Thursday with Rwandan prosecutor general Martin Ngoga to discuss the possible future transfer of cases from the ICTR to Rwandan courts. In a decision by the court earlier this week again denying the transfer of genocide suspect Jean-Baptiste Gatete, the ICTR commended Rwanda for taking steps to improve its judicial and penal systems, but said that it still had reservations about transferring cases to the country's courts:The Chamber concludes that the Republic of Rwanda has made notable progress in improving its judicial system. Its legal framework contains satisfactory provisions concerning jurisdiction and criminalises Jean-Baptiste Gatete's alleged conduct. The death penalty has been abolished. However, the Chamber is not satisfied that Gatete will receive a fair trial if transferred to Rwanda. First, it is concerned that he will not be able to call witnesses residing outside Rwanda to the extent and in a manner which will ensure a fair trial. Second, it accepts that the Defence will face problems in obtaining witnesses residing in Rwanda because they will be afraid to testify. Third, there is a risk that Gatete, if convicted to life imprisonment there, may risk solitary confinement due to unclear legal provisions in Rwanda. Later this month, the ICTR will host a forum addressing cooperation between international criminal tribunals and national prosecuting authorities. In October, the Appeals Chamber of the ICTR also refused to grant Rwanda's request to have genocide suspect Yussuf Munyakazi transferred to the country to face trial. That judgment upheld an earlier decision by the court that Ngoga had criticized for claiming the Rwandan courts were not independent. In March, the ICTR signed an agreement allowing those convicted by the court to serve their prison sentences in Rwanda.

Full post as published by JURIST - The Paper Chase on November 21, 2008 (boomark / email).