New reforms underway to pave way for ICTR transfers

KIGALI - Rwanda is in process of amending sections of its anti-genocide law to accommodate some provisions that were used as a basis by judges at the International Criminal Tribunal for Rwanda (ICTR) to deny formal transfers of some cases from Arusha to Kigali. This was revealed yesterday by Prosecutor General Martin Ngoga, a day after meeting with the Registrar of the ICTR, Adama Dieng in Kigali. Last year ICTR judges denied an application from the prosecution seeking to transfer some pending cases from the tribunal to Rwanda’s national jurisdiction. Rwanda has now moved to make amendments on the existing genocide law, as it seeks to dispel off the “bad” interpretation provided by the earlier ICTR ruling, according to Key on these amendments include a new provision that establishes a witness protection department which will be working jointly with the ICTR authorities. In addition, is a partial immunity provided to defence witnesses which should dispel off any fears of such witnesses testifying in the national courts should transfers fall through. “We have created some immunity for defence witnesses that will be testifying,” Martin Ngoga told The New Times. “They will be immune to whatever statements they make while testifying in court.” Kigali will also provide special provisions for life imprisonment cases putting in place conditions that are tailored to international standards. “Much as we thought that some reasons provided by court in delivering their judgement were not convincing enough, we have gone an extra mile to close existing loopholes to ensure that these transfer are made,” said the Prosecutor General. He hoped that the ICTR prosecution will soon file a fresh application before the tribunal pushing for new transfers. Reacting to the extension of the ICTR mandate for an extra one year, Ngoga said though government remained uncomfortable with the decision, it was more focused on reversing the earlier court decisions that created a wall for the transfer of cases. “We think the ultimate solution to ending these cases lies in having trials conducted here and we are optimistic that once the ICTR prosecutor files new applications, then judges will find no reason to block them.” The mandate of ICTR judges was extended by one year till December 2009. Effectively, that means the entire mandate of the tribunal is also extended. The UN-backed special court trying key suspects of the 1994 Genocide against the Tutsi, was set up in 1997, and has so far tried 43 Genocide suspects including making six acquittals. Currently ICTR has 13 people on its wanted list though more fugitives remain at large. Ends

National

New reforms underway to pave way for ICTR transfers