Rwanda dismayed by further delay of Uwinkindi’s transfer

The government has expressed disappointment at the decision by the International Criminal Tribunal of Rwanda (ICTR) to further delay the transfer of Genocide suspect Jean Uwinkindi to Rwanda, citing outstanding monitoring and logistical issues. The Arusha-based Tribunal also says it lacks enough resources to execute the transfer, but Prosecutor General Martin Ngoga said the government was not happy with the new twist the case had taken. The transfer of the suspect was to be effected not later than this week. The ICTR Appeals Chamber on Thursday and yesterday made two separate rulings putting on hold the transfer of Uwinkindi to Rwanda until it was satisfied the monitoring mechanism the government has to put in place to ensure that he receives a fair trial. According to the Tribunal’s spokesman, Rolland Amoussouga, the Appeals chamber had made two decisions; one being not to consider the ICTR Prosecution’s request to dismiss Uwinkindi’s application to review the December 16 decision to refer him to Rwanda. And the second was to look into the issues of the monitoring of the case as well as the availability of the resources required to effect the referral.“In light of the precedence of the case and the competence of the Tribunal, it was decided that the transfer be suspended until such a time when the president of the tribunal is satisfied with the monitoring mechanisms in place,” Amoussouga told The New Times by phone from Arusha.“Uwinkindi will be transferred to Rwanda but not before all these processes are reviewed and a monitoring committee is established”. He said that the judge had mandated the Registrar of the Tribunal to begin consultations between all parties involved from yesterday to March 15, and thereafter submit a report to the President who will then order the transfer if he is satisfied with mechanisms are in place.But Prosecutor General Ngoga said that Rwanda feels as if it is being used as an “experimental piece” by the ICTR.“We are uncomfortable with this development; the over-emphasis of monitoring and issues about funding. It calls for so much resilience for us to entertain it as a country,” he said.“It is as if we are a piece of experimental sample. Nevertheless, we have come a long way and have braved much more than this. We remain ready until they are,” he added.Ngoga said that while he doesn’t think that the ICTR is backtracking on its decision to transfer Uwinkindi to Rwanda, the Prosecution is not aware of what is going on, specifically about budgetary issues.“The transfer issue is becoming more costly than trials at the ICTR. I wish that was the case (rescinding the transfer). I think we need more transparency in this. Who are supposed to monitor and what are their demand?” he wondered.Rwanda had earlier welcomed the transfer of the suspect alongside the proposed transfer of Fulgence Kayishema who is yet to be arrested, but it now appears the transfer will not be as speedy as expected.Uwinkindi in January petitioned the Tribunal to reconsider its decision to refer his case to Rwanda, which saw the chamber issue an interim order to delay his transfer. His lawyers want him to remain in ICTR’S custody until an operational monitoring mechanism by the African Commission on Human and People’s Rights (ACHPR), as previously ordered by Trial Chamber, is put in place.The Tribunal’s Prosecutor had earlier requested the chamber to reject the application saying it was procedurally and substantively flawed, but now the Appeals Chamber has dismissed his request.Uwinkindi, a former clergyman was born in 1961 in the former Kivumu commune, Kibuye prefecture. He is charged with genocide, conspiracy to commit genocide, crimes against humanity and extermination, according to the ICTR indictment.He was closely linked to the extremist wing of the MRND party; Uwinkindi is alleged to have sought the assistance of gendarmes and the ex-FAR to exterminate the local Tutsi population in Bugesera. He later fled in July 1994, after 2,000 corpses were discovered near his church.

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Rwanda dismayed by further delay of Uwinkindi’s transfer