10 November 1999
Rwanda War Crimes Tribunal Working To Speed Up Trials
(Judge concerned by Rwanda's decision not to cooperate) (980) By Judy Aita Washington File United Nations Correspondent United Nations -- Concerned about the delays in bringing indicted war criminals to trial, the president of the International Criminal Tribunal for Rwanda is now faced with the Rwandan government's refusal to cooperate with the tribunal. The dispute arose after the tribunal's appeals chamber dismissed an indictment against accused war criminal Jean-Bosco Barayagwiza, who was held 19 months in Rwanda before being brought before the tribunal in Arusha, Tanzania, for an initial appearance. The dismissal angered the Rwandan government, which informed Judge Navanethem Pillay, president of the International Criminal Tribunal for Rwanda, that it was suspending all cooperation with and assistance to the tribunal. At U.N. headquarters to report on the tribunal's work to the General Assembly and the Security Council, Judge Pillay said on November 10 that the tribunal is "deeply concerned with delays in the administration of justice" and is working to speed up proceedings. She pointed out that Barayagwiza was held for a "rather lengthy, shocking period of detention without trial, which offends all our consciences. You can only be held for a period of 48 hours without being brought to court." Nonetheless, the judge made it plain as well that "we do need the cooperation of the Rwandan government for the production of witnesses, both for the prosecution and the defense, and if we do not have this level of cooperation, if we do not secure the attendance of witnesses, then, of course, we cannot hold trials." While the trials are being held in Arusha, the office of the prosecutor is in Rwanda, the judge pointed out, and "that is where investigations are held." Rwanda's action, she noted, will "curtail a crucial part of the tribunal's work." If Rwanda does not cooperate with the tribunal, it will "affect rights of accused persons to conduct proper defense because their counsel and their investigators need entry into Rwanda to locate their witnesses," Judge Pillay explained. The judge said that she was "very distressed over the reaction of the Rwanda government" and would try to explain the situation to the government in an effort to convince Rwandan leaders to change their decision. "As judges we understand the anger and reaction of the government," she said. "We are listening to testimony of survivors and we're deeply moved by their testimony. But as judges we still have to be detached and apply the law," she said. "This is our mandate. People are presumed innocent and guilt has to be proved beyond reasonable doubt, and we cannot have cooperation tailored on the delivery of convictions," the judge stressed. During the tribunal's first two years, there were many logistical difficulties, including the inability of prosecutors to investigate matters inside Rwanda. It wasn't until 1998, when the tribunal's judges and the former president judge talked with the Rwandan government, that the situation eased and then chief prosecutor Louise Arbour was received by government. Appearing before the Security Council November 10, Chief Prosecutor Carla Del Ponte said that she is very concerned about the court's findings of delays and violations of the accused's rights and is planning to spend several weeks in Kigali and Arusha to work on the situation. But Del Ponte added that Barayagwiza's release by the international tribunal "does not mean that an African state cannot open criminal proceedings against a suspect against whom there is compelling evidence for prosecution." In her formal address to the General Assembly, Judge Pillay emphasized the need for greater judicial support and better court organization and management. Nevertheless, she stressed that the court is determined to complete the trials of those currently in its custody by May 2003. Since the tribunal was established by the Security Council in November 1994, a total of 39 persons have been indicted, including the former prime minister, two former Cabinet ministers, six senior political appointees, four military leaders, and five burgomasters. Of that number, 37 are in custody and one is awaiting transfer from the United States. The tribunal has completed four full trials and two cases involving guilty pleas and, as a result, five persons have been convicted and sentenced to prison terms ranging from 15 years to life. Trial proceedings in two other cases have been completed and judgments are expected in December and January, Judge Pillay said. But Judge Pillay also said that "accused persons have been in custody awaiting trial for lengthy periods, a number of them since 1996. They must be tried as soon as possible, in compliance with their fundamental right to trial without undue delay." Despite the fact that many logistical and administrative difficulties of the first two years have been overcome, she said, judicial work has not progressed as well as hoped and the volume of work is increasing. The office of the prosecutor is in the midst of about 90 investigations and expects to produce 20 new indictments in 2000, the judge said. Administrative problems relating to case scheduling, assignment of counsel, translation and court reporting services, publication of court rules and decisions, accurate documentation, computerization of archives, and adequate staff and facilities continue, she said. The tribunal has also been inundated with more than 200 pretrial motions as well as interlocutory appeals over the past two years. Judge Pillay asked the U.N. members for more support. "Without timely cooperation, producing witnesses in court as scheduled is practically impossible, and this slows down the entire judicial process," she said. She urged nations to pass relevant legislation and sign cooperation agreements with the tribunal to expedite transfer requests. The president also asked for help in relocating witnesses to third party states. (The Washington File is a product of the Office of International Information Programs, U.S. Department of State.)
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