ICTR stuck with acquitted persons

Even as the International Criminal Tribunal for Rwanda (ICTR) officially closed shop on June 30 handing over the remaining backlog to a residue mechanism, the court is still stuck with five former Rwandan officials who were acquitted of genocide crimes.Although the five were cleared of criminal responsibility for the 1994 Genocide against the Tutsi, no country wants to take them in.They have all indicated they do not wish to return to Rwanda, saying they wanted to join their families in various European countries.The former suspects include former ministers Andre Ntagerura (Transport), Casmir Bizimungu (Health) and Jerome Bicamumpaka (Foreign affairs) – who were part of the transitional government that was installed after the death of President Juvenal Habyarimana, and which presided over the Genocide.Others are Glatien Kabiligi, former head of operations in the former armed forces, and Protais Zigiranyirazo, a businessman and Habyarimana’s brother-in-law.Kabiligi is awaiting an appellant court’s verdict on his request to rejoin his family in France, having secured the green light from a French lower court.All the five stay in rented houses and live off ICTR allowances.Also stuck in Arusha – the northern Tanzanian town which houses the UN tribunal – are two former convicts who completed their sentences.“It’s a problem we have had for a long time now. Ntagerura was acquitted in 2004 but has since failed to get a country to go to,” ICTR Spokesperson, Roland Amoussouga, told The New Times.With the term for the residue process set to expire in 2014, the United Nations Security Council has stepped up an appeal to member states to take in both the acquitted and former convicted officials.Last week, the Security Council adopted a resolution to that effect after countries showed reluctance to respond to a similar resolution last year.“The Security Council reiterates its call upon all states in position to do so, to cooperate with and render all necessary assistance to the international tribunal for its increased efforts towards the relocation of acquitted and convicted persons who have completed their sentences,” reads the latest Council resolution.Amoussouga said: “This is a renewed call since we have failed to get any positive response following last year’s appeal. All the acquitted and released people don’t have their families in Africa; they all have their wives and children in European countries, which is why we want Europe to take them”.There has never been such an experience before and their fate remains uncertain, at least according to the ICTR publicist.“If it remains like this, then the tribunal will hand over the matter to the Security Council. The UN will determine the way forward. I really have no idea what will happen.”The ICTR President Vagn Joensen, whose service was last week extended by the Security Council, to December 31, 2014, told reporters that he and the Tribunal Registrar were stepping up diplomatic efforts to find host countries for the former officials.Rwanda maintains that both the acquitted persons and former convicts were free to return home.The Minister of Justice, Tharcisse Karugarama, says the former suspects would be treated as any other citizen.“As the law provides, once a person is acquitted by a competent court, they can’t be subjected to prosecution by another court. If they chose to come to Rwanda, they would be free citizens, they can only be prosecuted on crimes they have never been tried for,” Karugarama told The New Times.Asked if the government would facilitate their reintegration, the minister said: “All Rwandans are welcome home, and I think there is no better place to live than your homeland.”Those acquitted and have already secured host countries include former education minister Andre Rwamakuba (Switzerland) and the former prefect of the former Kibuye prefecture, Emmanuel Bagambiki, who is in Belgium.France has received former mayors Jean Mpambara and Ignace Bagilishema, of Rukara and Mabanza communes, respectively.In total, the 17-year old tribunal has acquitted 10 people.Six have died in jail. They include Nzirorera (who was on trial), Jean Bosco Barayagwiza, George Rutaganda (both died in a Benin prison), Pastor Eliphaz Ntakirutinka, Joseph Serugendo (passed away from Tanzania) and former Anglican Bishop Samuel Musabyimana, who died after pleading not guilty.The latter’s body was transferred to Rwanda for burial according to his wish, Amoussouga said.Meanwhile, the Security Council called for further cooperation in efforts to bring to justice top Genocide fugitives before the International Residue Mechanism winds up in two years time.There are nine suspects who have been indicted by the Tribunal but remain at large. Notably among them is suspected Genocide chief financier Felicien Kabuga, former Minister of Defence, Augustine Bizimana, and former Commander of the Presidential Guard, Protais Mpiranyi.The tribunal recently concluded evidence hearings for the three men, aimed at keeping testimonies about their alleged role in the Genocide, in which at least a million people were killed.

National

ICTR stuck with acquitted persons