CASE SUMMARY IN CASE NO ICTR-96-15-T

JOSEPH KANYABASHI

INTRODUCTION:

Joseph Kanyabashi former Burgmester born in 1937 in Huye Commune Butare prefecture was arrested on 28 June 1995 in Belgium and transferred to Arusha on 8 day of November 1996.He was initially charged together with Elie Ndayambaje and Alphonse Higaniro in criminal proceedings instituted by the Belgium government in February 1995.

 INDICTMENT:

The prosecutor filed a an indictment on the 22 July 1996. was charged with genocide, complicity in genocide, direct and public incitement to commit genocide and violation of common article 3 and of additional protocol II. The indictment was confirmed by Judge Yokov Ostrovsky on the 15 day of July 1996.

 INITIAL APPEARANCE:

The initial appearance of Joseph Kanyabashi was done on 29 November 1996 before Trial Chamber II of the International Criminal Tribunal for Rwanda. He pleaded not guilty to the charges.

 PRE-TRIAL MOTIONS:

 

CASE NO &NAME OF ACCUSED

 

MOTION /S

 

DATE RECEIVED

 

DATE DISTRIBUTED

 

HEARING DATE

 

DATE OF DECISION

 

ICTR-96-15-T

JOSEPH KANYABASHI

 

1.Motion by the office of the prosecutor for an order for protective measures for witnesses to crimes alleged in the indictment.

 

18-12-1996

 

18-12-1996

 

07-02-1997

 

06-03-1997 Chamber granted orders as prayed

 

 

 

2. Motion by the defence on the jurisdiction of the Tribunal

 

23-04-1997

 

23-04-1997

 

26-05-1997

 

18-06-1997 pronounced on 03-07-97. Chamber dismissed defence motion

 

 

 

3. Motion by the defence seeking orders for protective measures for defence witnesses, their families and relatives

 

27-05-1997

 

27-05-1997

 

29-10-1997

 

29-10-1997 Motion withdrawn by the defence

  

 

 

4. Notice of appeal by defence on motion for jurisdiction

 

10-07-1997

 

10-07-1997

 

11-08-1997

 

Notice of motion withdrawn by the defence 08-08-97

 

 

 

5. Motion by the accused seeking change of lead counsel

 

29-08-1997

 

29-08-1997

 

29-10-1997

 

Lead counsel Mr. Monari withdrew form acting for the accused on 29-10-97

 

 

 

6. Extremely urgent motion by the defence for orders for protective measures for defence witnesses as well as for their families

 

31-10-1997

 

31-10-1997

 

05-11-1997

 

25-11-1997

Chamber grants the defence orders sought.

 

 

 

7. Requete de l`accuse visant à obtenir la communicationde piéces par le procureur, l`identité des témoins, les procéverbaux non-noircis et la collaboration du gouvernement du Rwanda

 

21-11-1997

 

21-11-1997