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DATE=4/12/99
TYPE=CORRESPONDENT REPORT
NUMBER=2-247970
TITLE=RWANDA TRIAL (L-ONLY)
BYLINE=LISA SCHLEIN
DATELINE=GENEVA
CONTENT=
VOICED AT: 
INTRO:  A FORMER MAYOR FROM RWANDA HAS GONE ON TRIAL IN A SWISS 
COURT FOR HIS ALLEGED PARTICIPATION IN HIS COUNTRY'S 1994 
GENOCIDE.  LISA SCHLEIN REPORTS THE RWANDAN MAN IS BEING TRIED 
BEFORE A SWISS MILITARY TRIBUNAL IN THE CITY OF LAUSANNE.
TEXT:  FULGENCE NIYONTEZE WAS MAYOR OF MUSHUBATI IN THE RWANDAN 
PROVINCE OF GITARAMA DURING THE COUNTRY'S 1994 GENOCIDE.  HE IS 
ACCUSED OF MURDER AND INCITEMENT TO MURDER. 
MR. NIYONTEZE APPLIED FOR ASYLUM IN SWITZERLAND IN 1994.  HE 
LIVED WITH HIS FAMILY IN THE CITY OF FRIBOURG UNTIL SWISS 
AUTHORITIES ARRESTED HIM IN AUGUST 1996.  SINCE THEN, HE HAS BEEN
IMPRISONED IN GENEVA. 
THIS IS THE FIRST CASE INVOLVING CRIMES ALLEGEDLY COMMITTED 
DURING RWANDA'S GENOCIDE TO BE TRIED BY A COURT IN A FOREIGN 
COUNTRY, OTHER THAN TANZANIA.  ALL PREVIOUS CASES HAVE COME 
BEFORE THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA IN ARUSHA, 
TANZANIA.
A LEGAL ADVISOR FOR THE INTERNATIONAL COMMITTEE OF THE RED CROSS,
KNUT DOERMANN, SAYS INTERNATIONAL LAW ALLOWS FOREIGN STATES TO 
PROSECUTE PEOPLE OF FOREIGN NATIONALITIES FOR WHAT ARE TERMED 
GRAVE BREECHES.  HE SAYS SUCH PROSECUTIONS ARE BASED ON WHAT'S 
CALLED THE PRINCIPLE OF UNIVERSAL JURISDICTION.
                       ///DOERMANN ACT///
         STATES ARE UNDER THE OBLIGATION TO REPRESS GRAVE 
         BREECHES.  AND, IN THAT RESPECT, THEY CAN ENACT NATIONAL
         LEGISLATION, PENAL LEGISLATION, CRIMINAL LEGISLATION TO 
         TRY ALLEGED WAR CRIMINALS, IRRESPECTIVE OF THE FACT OF 
         WHERE THE CRIME HAS BEEN COMMITTED AND IRRESPECTIVE OF 
         THE NATIONALITY OF THE ALLEGED WAR CRIMINAL.
                          ///END ACT///
MR. DOERMANN SAYS A COUNTRY HAS AN OBLIGATION TO ARREST A PERSON 
WHO IS SUSPECTED OF HAVING COMMITTED WAR CRIMES OR OTHER GRAVE 
BREECHES.  MR. NIYONTEZE FACES A LIFE SENTENCE IF HE IS FOUND 
GUILTY OF THE CHARGES. 
//REST OPT// THE TRIAL IS SCHEDULED TO LAST ABOUT THREE WEEKS.  
SWISS OFFICIALS SAY SOME 40 WITNESSES AND EXPERTS ARE EXPECTED TO
TESTIFY.  THEY WILL BE PLACED UNDER SPECIAL SECURITY DURING THE 
TRIAL.
IN PREPARATION FOR THE TRIAL, SWISS COURT OFFICIALS WENT TO 
RWANDA.  THEY VISITED THE SITES OF THE ALLEGED CRIMES AND 
INTERVIEWED SEVERAL WITNESSES.  DEFENSE LAWYERS TRAVELLED TO 
ARUSHA.  THEY DID NOT GO TO RWANDA.
MORE THAN ONE HALF MILLION MAINLY TUTSI AND MODERATE HUTU ARE 
BELIEVED TO HAVE BEEN MASSACRED IN THE 1994 GENOCIDE BY HUTU 
EXTREMISTS. (SIGNED) 
NEB/LS/PCF/WFR 
12-Apr-99 2:43 PM EDT (1843 UTC)
NNNN
Source: Voice of America
.