PRESS RELEASE # ICTR/INFO-9-2-129

PRESS RELEASE (non official - for media information only)

Arusha, 26 June 1998

• Motions Heard Before the two Trial Chambers

Friday, 26 June 1998:

Before Trial Chamber 1:- Preliminary motions filed by the Defence contesting the form of the indictment against Mr. Ferdinand Nahimana, a former senior officer of the Radio Television Libre des Mille Collines, SA (RTLM.SA), were heard. The Defence Counsel Jean - Marie Biju Duval asked the court to suspend proceedings against the accused and order his release, due to defects in the indictment. A ruling on the motions will be delivered later.

Mr. Nahimana has pleaded "not guilty"to five counts charging him with Genocide, Direct and Public Incitement to Commit Genocide, and Crimes Against Humanity.

Before Trial Chamber 2: A motion by the Prosecutor asking the court not to admit evidence of a Defence expert witness, Dr. Regis Pouget , psychiatrist, in the case of The Prosecutor vs. Clement Kayishema and Obed Ruzindana, was heard. A ruling on the motion will be delivered later.

Earlier in the week, Defence witnesses continued to testify in the case. Sixteen witnesses have already testified on behalf of Mr. Kayishema, a former Prefect of Kibuye and Mr. Ruzindana, former businessman.

On Thursday, 25 June 1998: Two Prosecution motions were heard before Trial Chamber 1, in the cases of The Prosecutor vs. Georges Ruggiu and The Prosecutor vs. George Rutaganda.

The Counsel for Mr. Ruggiu, Mr. Mohamed Aouini (Tunisia) and Jean Louis Gilisen (Belgium) prayed to the court to grant a motion for the restitution of the personal effects of the accused seized during his arrest in Nairobi on 23 July 1997. Ruling on the motion will be made later.

Mr. Ruggiu, a former journalist with Radio Television Libre des Mille Collines, SA (RTLM,SA) has pleaded "not guilty" to two counts charging with Direct and Public Incitement to Commit Genocide, and Crimes Against Humanity.

The other motion heard before the Chamber sought orders for protective measures for Prosecution witnesses in the trial of Mr. Rutaganda, a former businessman and Vice -President of Interahamwe who has pleaded "not guilty"to eight counts charging him with Genocide, Crimes Against Humanity and Violations of Article 3 Common to the Geneva Conventions. A ruling on the motion will be delivered later.

Next week, Trial Chamber 2 will continue hearing testimony of Defence witnesses in the joint trial of Clement Kayishema and Obed Ruzindana. Several other motions will be heard before Trial Chamber 1.

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International Criminal Tribunal for Rwanda

PRESS RELEASE # ICTR/INFO-9-2-130

UNITED NATIONS

PRESS RELEASE (non official - for media information only)

Arusha, 3 July 1998

• JOINT TRIAL OF KAYISHEMA AND RUZINDANA ADJOURNED TO 17 AUGUST 1998

At the request of the Defence, the joint trial of Clement Kayishema, a former Prefect of Kibuye and Obed Ruzindana, a former businessman has been adjourned to 17 August 1998 when more Defence witnesses are expected to continue giving evidence before Trial Chamber 2. The Defence told the court that the accused had fifteen more very important witnesses who are presently said to be scattered in various refugee camps and other locations out of Rwanda.

In this regard , the Witnesses and Victims Protection Unit on 2 July 1998 requested the Chamber to give it adequate time to bring them before the Tribunal.

The last Defence witness was Dr. Regis Pouget, a psychiatrist who finished testifying on Thursday, 2 July 1998. He was able to give evidence only after the Chamber dismissed a motion by the Prosecution asking the court not to admit his evidence. Dr. Pouget told the court that under the circumstances prevailing in Rwanda in 1994 genocide can be explained as "the mob psychology".

A total of 52 Prosecution witnesses and 17 Defence witnesses have already testified in the trial which began on 7 April 1997.

Mr. Kayishema and Mr. Ruzindana are jointly charged with Genocide, Crimes Against Humanity, Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol 2. They have pleaded "not guilty"to six joint counts, while Mr. Kayishema is separately charged with 18 other counts.

Elie Ndayambaje requests change of Counsel

On 2 July 1998, Trial Chamber 2 heard a motion filed by Elie Ndayambaje, a former Bourgmestre of Muganza, in which he is seeking to obtain the withdraw of his counsel Mr Charles Tchoungang and the assignment of another counsel. The accused requested the Chamber to order Mr. Tchoungang to return all files related to his case as well as request the Registrar to replace both Tchoungang and the co-counsel. Ruling on the motion will be made next week.

International Criminal Tribunal for Rwanda

PRESS RELEASE # ICTR/INFO-9-2-131

UNITED NATIONS

PRESS RELEASE (non official - for media information only)

Arusha, 11 July 1998

• FOUR SUSPECTS, ONE ACCUSED TRANSFERRED TO ARUSHA

Four suspects and one accused person, arrested in West Africa last month for allegedly being involved in the Rwanda genocide of 1994, were transferred to the Tribuna's Detention Facility in Arusha on 10 July 1998. This brings to 31 the number of suspects and accused persons presently detained under the authority of the Tribunal.

 The four suspects are Mr. Mathieu Ngirumpatse, a former Director General of the Ministry of Foreign Affairs and President of the former ruling party, MRND (Mouvement républicain national pour la démoctratie et le développement), Mr. Edouard Karemera, former Minister of Interior in the interim government of Rwanda during the genocide and former Vice-President of MNRD, Mr. Joseph Nzirorera, former President of the National Assembly and Secretary-General of the MRND, and Mr. Omar Serushago, a businessman and local leader of the Interahamwe militia in the Gisenyi prefecture.

The fifth person is Mr. Emmanuel Bagambiki, former Prefect of Cyangugu, who has already been indicted by the Tribunal on charges of Genocide, Crimes Against Humanity and Violations of Article 3 Common to the Geneva Conventions of 1949 and of Additional Protocol II (1977).

Mr. Ngirumpatse was arrested on the night of 11 June 1998 in Mali, Mr. Nzirorera on 5 June 1998 in Benin, Mr. Karemera and Mr. Bagambiki in Togo on 5 June 1998 and Mr. Serushago on the night of 10 June 1998 in Côte d'Ivoire.

Another Suspect Surrenders Voluntarily

In a separate development, another suspect, Major Bernard Ntuyahaga, has surrendered himself to the Tribunal. He was transferred to the Tribunal's Detention Facility from the custody of the Tanzanian authorities on 10 July 1998, under the Tribunal's Rule 40 bis.

 Major Ntuyahaga was Officer (G4) in Charge of Logistics at the Kigali military camp from January 1994 to April 1994. He is suspected of Genocide, Crimes against Humanity, and Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II thereto. On 7 April 1994 he is suspected to have transported 10 Belgian soldiers who were members of the United Nations Assistance Mission in Rwanda (UNAMIR) peacekeeping force to the Kigali military camp where they were subsequently killed. The Office of the Prosecutor believes that the Belgian soldiers were massacred in his presence and he failed to take any action to prevent these massacres.

 Major Ntuyahaga is the first suspect or accused person to surrender voluntarily to the ICTR.

A notable feature of the persons presently detained under the authority of the Tribunal in Arusha is that most of them are reputed ringleaders of the genocide in Rwanda in 1994. The detainees as of today are:

Trial Chamber 2 Orders Replacement of Elie Ndayambaje=s Counsel

Trial Chamber 2 this week granted a request by accused Elie Ndayambaje for the withdrawal of assigned Counsel, Mr. Charles Tchoungang, and Co-counsel, Mr. Jean-Jacques Makolle. The accused had argued that he had lost confidence in his Counsel.

 The Trial Chamber, composed of Judge Yakov Ostrovsky, presiding and Judges William Sekule and Navanethem Pillay then directed the Registrar to ensure that the Counsel immediately returned the case files and related materials to the accused. Trial Chamber 2 also directed the Registrar to assign new Defence Counsel for the accused.

 Mr. Ndayambaje, a former Bourgmestre of Muganza, had earlier argued that he had lost confidence in his Defence Counsel due, inter alia, to the latter's Aapathy, bluffing, failure to honour firm commitments and lack of contact between the said Counsel and the accused. The accused had provided the Chamber documentation outlining his unsuccessful attempts to maintain contact with his Counsel from the time the Counsel was assigned to him.

 In reaching the decision the Chamber noted the lack of a written reply from the Defence Counsel to the accused's motion, and the counsel's absence at the hearing of the motion.

 The Chamber further noted that replacement of a Counsel was a serious exercise, one not to be taken lightly. Rule 19 of the Directive on Assignment of Defence Counsel provides for the withdrawal of assigned defence counsel. Rule 19 (A) (i) of the Directive states that, Athe Registrar may in exceptional circumstances, at the request of the accused or his counsel, withdraw the assignment of the counsel 

Mr. Ndayambaje, arrested in Belgium on 28 June 1995, is charged with Genocide, Crimes Against Humanity and Violations of Article 3 Common to the Geneva Conventions and the 1977 Additional Protocol II thereto. He has pleaded not guilty to five counts.