ICTR appeals chamber sends another genocide suspect to Rwanda
The International Criminal Tribunal for Rwanda (ICTR) prosecution has contended that the case of Rwandan genocide suspect, Bernard Munyagishari should go ahead and be transferred to Rwanda for trial as earlier on decided
On 6 June 2012 the Referral Chamber Designated (“Referral Chamber”) referred Munyagishari’s case to the authorities of the Republic of Rwanda for trial before the High Court of Rwanda.
However, the transfer came to a deadlock when both Munyagishari and the Prosecution filed their notices of appeal against the Impugned Decision on 19 and 20 June 2012, respectively.
During the May, 2013 appeal hearings granted by the referral chambers, Bernard the suspect (Munyagishari) stated that his transfer case was being center played by the Rwandan local media and other reputed media houses to have the case tried in Rwanda.
He submits that the media reports provide new and relevant information concerning Rwanda’s readiness to comply with the requirements set out by the Tribunal in referring cases to Rwanda and to enable the Tribunal Monitors to perform their duties.
He contends that the Media Reports were not available in the proceedings before the Referral Chamber and support His appeal against the Impugned Decision. Munyagishari argues that the contents of the Media Reports are corroborative and for this reason, he submits that the Media Reports should be found credible.
Munyagishari also submits that the Media Reports Show that Rwanda “seemingly Intends to Stop cooperating” with the Tribunal Monitors. According to Munyagishari, this “is significant and relevant to the instant case because the [Tribunal Monitors] cannot perform their duties without Rwanda’s cooperation”.”
He further contends that since the establishment of a monitoring mechanism was the ‘sine qua non’ of the referral of his case to Rwanda, had the Referral Chamber been aware of the media reports, they would have been a decisive factor in denying the motion for referral
The appeal chamber decided that since the media reports were not used as a decisive aspect in the proceeding in reaching the impugned decision, Munyagishari’s request to have them admitted as additional evidence is therefore denied.
In light of his claims that Rwanda would not provide necessary assistance during his trial in Rwanda, the prosecution argues that Rwanda is prepared to handle the case basing on fact that there is/ are written agreement(s) between the Rwanda Bar Association and a binding assurance from the Rwandan prosecution.
The referral chambers adds that if the accused is to be transferred, he should be given legal assistance without paying for it, the defense team include a lawyer with “familiarity  with video-link technology, ensure that the prospective counsel has an international experience and the issue of any emerging witnesses outside Rwanda would be worked on outside the country.
Though prosecution agrees on some of the requests, The Prosecution  submits  that  there is  no  recognized  right  under international  law  for  an indigent accused  to  be  appointed  only a  lawyer  who has  prior  international experience.
However, prosecution advances one  ground  of  appeal  against  the  Impugned  Decision  challenging the  Referral Chamber’s  decision  to  subject  the  referral  of  Munyagishari’s  case  to  the  High Court  of  Rwanda  since there are some bidding documents which Rwanda has agreed upon to have the case transferred.
The Indictment on the accused alleges that Munyagishari was the Secretary General of the MRND for Gisenyi city and President of the Interahamwe for Gisenyi prefecture. These crimes were allegedly committed in Kayove sector, but apparently Munyagishari cannot face charges of genocide and be tried by the Kayove Gacaca courts due to lack of jurisdiction- of which the Kayove Gacaca courts have referred to a superior court in the country to proceed the charges.
On 9 June 2005, the Prosecution filed the original Indictment charging Bernard Munyagishari with conspiracy to commit Genocide, complicity in Genocide, murder and rape as Crimes against Humanity pursuant to Article 6(1) and 6(3) of the Statute of the Tribunal (“ICTR Statuteâ€).
On 25 May 2011, the accused was arrested in the Democratic Republic of Congo
(DRC) He was transferred to the United Nations Detention Facility in Arusha on 14 June
