ICTR, lawyers discuss defence rights

The equality of arms in the jurisprudence of the International Criminal Tribunal for Rwanda (ICTR), was the central theme under discussion on Wednesday, between officials from the Arusha-based court and members of the Kigali Bar Association. The week-long ongoing conference is organised in line with the ICTR’s capacity building programme, with Rwandan participants expected to benefit from the tribunal’s experience to properly carry on with their duties after the tribunal closes down. The ICTR Chief of Legal Services, Ahmed Sow, said the principle of equality of arms and the protection of the rights of the defendant forms a crucial part in the process of any case at the tribunal. “This principle provides that both parties are offered fair conditions to present their cases,” he said, explaining that the prosecution must be given equal and ideal time to present elements of proof against the accused, which also applies to the defence part while preparing and defending the trial. But according to Sow, this principle in most cases sparks controversies emanating from the defence, especially when they suspect any violation. He attributes this to the fact that most of the time the defence part has a lot of time and means to prepare the case, which does not necessarily apply to the prosecution which has more than one cases to treat. The week-long workshop is part of the tribunal’s exit strategy, preparing Rwandan jurists to handle the residue of the cases transferred to Rwanda after the UN court closes down. The tribunal was established by the United Nations to try key masterminds of the 1994 Genocide against the Tutsi. On the other hand, Sow insisted on the impartiality of judges at the ICTR, maintaining that this is a fundamental component at the tribunal where judges are not meant to be driven by any kind of prejudice. “Judges have no interests, they only look for the manifestation of the truth,” he added, noting that judges must be characterised by the highest level of neutrality. On the same issue, Sow concurred with Prof Jwani T. Mwaikusa, a defence lawyer in the case of Yussuf Munyakazi at the ICTR, who thinks judges’ partiality is a common concern that needs to always be dealt with. Munyakazi is one of the suspects who had been lined up by ICTR Chief Prosecutor Boubakar Jallow to be tried in Rwanda but a Trial Chamber turned down the request. This training seminar on International Criminal Law kicked-off on Monday in Kigali and meant to end this Friday. Ends

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ICTR, lawyers discuss defence rights