CASE HISTORY - AKAYESU
CASE NO. ICTR-96-4-T
THE PROSECUTOR VERSUS JEAN PAUL AKAYESU
The indictment stage
The indictment was filed on 13.2.1996 the same was confirmed and warrant of arrest issued on 16.2.1996.The accused was arrested in Zambia on 10.5.1995, he was later transfered to the Seat of the Tribunal in Arusha,Tanzania.
The case was assigned to Trial Chamber 1 which held the initial appearance on 30.5.1996 whereby the accused entered a plea of not guilty to all counts.On the same day an order for continued detention awaiting trial was issued until further order from the Chamber.
Pre-trial motions
|
Type of motion |
filed by |
date filed |
date heard |
decision and date |
|
Motion on form of indictment and exclusion of evidence |
defence |
27.5.1997 |
26.9.1996 |
dismissed for insufficient basis- decision dated 27.9.1996 |
|
Motion on witness protection |
Prosecutor |
26.8.1996 |
26.9.1996 |
granted- decision dated 27.9.1996 |
On the same day the 26.9.1996 during the hearing of the motion counsel for the defence Mr. Johan Scheers verbally applied for the postponement of the trial the Chamber granted the application and the trial date was set to start on 31.10.1996.
Further pre-trial motions
|
Type of motion |
filed by |
date filed |
date heard |
decision and date |
|
Motion to allow Mr. Akayesu to assist in his own defence |
defence |
17.10.1996 |
21.10.1996 |
dismissed - decision dated 21.10.1996 |
|
Motion for postponement of trial and request for a pretrial hearing |
defence |
17.10.1996 |
21.10.1996 |
dismissed for want of sufficient grounds for further postponement - decision dated 21.10.1996 |
|
Memorandum of law in support of motion to consider Registrar=s denial of additional assistance to Mr. Akayesu and request for evidentiary hearing. |
defence |
24.10.1996 |
14.11.1996 |
dismissed to be dealt with by the Registrar- decision dated 14.11.1996 |
|
Transfer of a detained witness as per rule 90 bis of Rules of Procedure and Evidence |
prosecutor |
24.10.1996 |
29.10.1996 |
granted-decision dated 29.10.1996 |
|
Motion to consider Registrar=s denial of Mr. Akayesu=s request for legal consultant and investigative resources and request for evidentiary hearing |
Defence |
30.10.1996 |
14.11.1996 |
dismissed to be dealt with by the Registrar-decision dated 14.11.1996 |
|
Defence motion for an expedited in-camera hearing Re: Prosecotorial misconduct and other related matters |
Defence |
4.11.1996 |
14.11.1996 |
dismissed to be dealt with by the Registrar-decision dated 14.11.19996 |
|
Defence request for expedited amendment of the directive on assignment for defence counsel so that Mr. Akayesu can enjoy the same rights, priveleges and resources as accused before the ICTY. |
Defence |
7.11.1996 |
14.11.1996 |
dismissed to be dealt with by the Registrar-decision dated 14.11.19996 |
|
Non opposed request for an expedited hearing Re: Mr Akayesu=s request for a court order to have a complete copy of all disclosed materials for the purpose of preparing and assist in his own defence with his assigned counsel |
Defence |
7.11.1996 |
14.11.1996 |
dismissed to be dealt with by the Registrar-decision dated 14.11.19996 |
On the 31.10.1996 when the case resumed to commence the trial it was noted that Mr. Johan Scheers the assigned counsel for Mr. Jean Paul Akayesu was not present before the Tribunal and Mr. Michael G.Karnavas who was introduced before as co-counsel by Mr. Johan Scheers letter to The President of The Tribunal was appointed by Jean Paul Akayesu as his defence counsel. Given the fact that he was still a stranger to the case Mr. Michael G. Karnavas applied for further postponement of the trial which was granted by the Chamber to 9.1.1997
Further pre-trial motions
|
Mr. Akayesu=s request for new counsel |
defence
|
15.11.1996 |
20.11.1996 |
granted-decision dated 20.11.1996 |
|
Motion to compel the Prosecutor to conduct a fair and just investigation |
defence |
20.11.1996 |
not dealt with following assignment of a new lawyer |
not dealt with following assignment of a new lawyer |
|
Motion for the Tribunal to articulate the elements of each crime and all available attendant defences |
defence |
20.11.1996 |
not dealt with following assignment of a new lawyer |
not dealt with following assignment of a new lawyer |
|
Motion to request prosecution for perjury |
defence |
3.2.1997 |
pending |
pending |
On 20.11.1996 as indicated above the motion for change of counsel by the accused was heard and granted and the Registrar was instructed to assign a new counsel to Jean Paul Akayesu.
TRIAL
The trial started on the 9.1.1997 with the opening statement by the prosecutor and thereafter from 10.1.1997 to 7.3.1997 twenty three (23) witnesses were called by the Prosecutor. The trial was postponed to12.5.1997 but due to problems which faced the defence the trial resumed on 22.5.1997, when the defence was given time to cross-examine the longest prosecution witness Dr. Alison de Forges, the cross-examination lasted three days up to24.5.1997.The trial was then postponed to 29.9.1997.
On 16.6.1997 the prosecutor applied for an order to amend the indictment to include charges on sexual violence the application was granted and the amended indictment was filed on 30.6.1997.Given the new charges on sexual violence the Chamber decided to postpone the trial to 22.10.1997 when the accused will be asked to plead to new charges.
The trial resumed on 23.10.1997 instead and new counts were read to the accused who entered a plea of not guilty to all counts, thereafter the prosecutor called six (6) more witnesses to prove charges on sexual violence as per the amended indictment. The Prosecutor closed his case on 4.11.1997 after having produced 134 exhibits of different nature with twenty nine (29) witnesses.
The defence case was to start on 5.11.1997 but given the problems of securing witnesses from Rwanda, as pointed out by the Chief of witness protection unit the defence was given more time to prepare their case up to 17.11.1997. The defence case started on the 17.11.1997 when the first witness was called,two more witnesses were called by the defence on 18.11.1997 and 19.11.1997 and thereafter the trial was postponed to 9.2.1998 to proceed with the defence case.
The defence called 10 more witnesses including the accused Jean-Paul Akayesu, the defence closed their case on 13.3.1998.
Both parties were given time to prepare and present closing statements, the Prosecution presented their closing statement on 19.3.1998 and 23.3.1998 followed by the defence closing statement on 26.3.1998. That was the end of the trial, sentencing and Judgement reserved until further notice.