Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
(Presiding), Sergei Alekseevich Egorov and Florence Rita Arrey, to consider the Prosecutor’s
request for transfer under Rule 11 bis. 1817
695. On 6 June 2008, the Chamber denied the Prosecution’s request to refer Kanyarukiga’s case
to the Republic of Rwanda. 1818
696. On 23 June 2008, the Prosecution filed a Notice of Appeal from the Trial Chamber’s denial
of its request for transfer under Rule 11 bis. 1819 On 24 June 2008, the Presiding Judge of the
Appeals Chamber assigned Judges Fausto Pocar (Presiding), Mohamed Shahabuddeen, Mehmet
Güney, Liu Daqun and Andrésia Vaz to hear the appeal. 1820
697. On 2 September 2008, the Appeals Chamber granted a request from the Republic of Rwanda
for leave to appear as amicus curiae and ordered Rwanda to file its brief within 10 days of the filing
of the Chamber’s decision. 1821 The Appeals Chamber also dismissed two Defence motions for leave
to file additional evidence pursuant to Rule 115 of the Rules of Procedure and Evidence. 1822
698. On 30 October 2008, the Appeals Chamber dismissed the Prosecution’s appeal against the
Trial Chamber’s Rule 11 bis decision and upheld the Trial Chamber’s decision to deny the request
for referral to Rwanda. 1823
3. Pre-Trial Phase
699. On 9 November 2004, the Pre-Trial Chamber granted in part a Defence motion requesting
that all documents in the case be translated into Kinyarwanda, the only language understood by the
Accused. 1824 The Chamber ordered that all evidentiary material relating to the determination of
charges, including prior witness statements, and all decisions and orders of the Chambers, be
translated into Kinyarwanda for the benefit of the Accused. 1825
700. On 29 November 2004, the Pre-Trial Chamber denied a Defence motion to join
Kanyarukiga’s case with that of Accused Athanase Seromba (Case No. ICTR-2001-66-T). 1826
701. On 3 June 2005, the Pre-Trial Chamber granted in part a Prosecution motion for witness
protective measures. 1827
1817 Designation of a Trial Chamber for the Referral of the Case of Gaspard Kanyarukiga to Rwanda (TC), 2 October
2007.
1818 Decision on Prosecutor’s Request for Referral to the Republic of Rwanda (TC), 6 June 2008. On 19 June 2008, the
Chamber denied as moot a Defence motion to file additional evidence in support of its response to the Prosecution’s
request for referral. Decision on Defence Motion to Admit Additional Evidence (TC), 19 June 2008.
1819 Prosecutor’s Notice of Appeal, filed 23 June 2008.
1820 Order Assigning Judges to a Case before the Appeals Chamber (AC), 24 June 2008.
1821 Decision on Request from the Republic of Rwanda for Permission to File an Amicus Curiae Brief (AC), 2
September 2008.
1822 Decision on Request to Admit Additional Evidence of 18 July 2008 (AC), 2 September 2008; Decision on Request
to Admit Additional Evidence of 1 August 2008 (AC), 2 September 2008.
1823 Decision on the Prosecution’s Appeal against Decision on Referral Under Rule 11 bis (AC), 30 October 2008.
1824 Decision on the Defence Request for Kinyarwanda Translations of All Documents (TC), 9 November 2004.
1825 Decision on the Defence Request for Kinyarwanda Translations of All Documents (TC), 9 November 2004, para. 5.
1826 Décision Relative À La Requête de Gaspard Kanyarukiga en Jonction et en Suspension de Procès (TC), 29
Novembre 2004.
1827 Decision on Prosecution Motion for Protective Measures (TC), 3 June 2005. The Chamber ordered that protective
measures be granted for all witnesses mentioned in the Prosecution motion but rejected requests from the Prosecution to
delay disclosing witness identities to the Defence until 21 days prior to their testimony (rolling disclosure) and to share
protected information with the Accused only in the presence of Defence Counsel. Decision on Prosecution Motion for
Protective Measures (TC), 3 June 2005, paras. 4-5.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 172