Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 702. On 16 May 2007, the Defence moved the Pre-Trial Chamber to set a date for trial. 1828 In a decision issued on 11 June 2007, the Chamber declared the request premature, noting that the Chamber was in the process of ascertaining the Parties’ availability for a status conference. 1829 703. On 20 June 2008, the Pre-Trial Chamber denied, without prejudice, a Defence request for French and Kinyarwanda translations of the Appeals Chamber judgement in the Seromba 1830 case. 1831 704. Lead Counsel for the Accused passed away on 8 December 2008. Mr. David Jacobs was appointed as Lead Counsel on 9 January 2009. On 30 January 2009, the President of the Tribunal held a pre-trial meeting with representatives of the two Parties, during which the trial was tentatively scheduled for 1 June 2009. 1832 The case was re-assigned to Trial Chamber II for pre-trial on 26 March 2009. Co-Counsel for the Accused was appointed on 31 March 2009. 1833 705. A Status Conference was held on 17 April 2009. 1834 On 24 April 2009, the Chamber issued a Scheduling Order instructing the Prosecution to present its case between 1 and 19 June 2009. 1835 The Pre-Trial Chamber further ordered the Prosecution to file a Pre-Trial Brief by 4 May 2009. 1836 The Prosecution filed its Pre-Trial Brief on 4 May 2009. 1837 706. On 14 May 2009, the Pre-Trial Chamber issued a decision on a motion by the Prosecution for the Chamber to take judicial notice of certain facts pursuant to Rules 94(A) and 94(B) of the Rules. 1838 The Chamber granted the Prosecution’s request for judicial notice to be taken of certain facts of common knowledge about the situation in Rwanda between 6 April and 17 July 1994 but declined to take judicial notice of certain previously adjudicated facts. 1839 707. On 20 May 2009, the Defence filed an Extremely Urgent Motion for Postponement of the Start of the Trial. 1840 On 26 May 2009, the Defence filed an addendum to its earlier motion, indicating that Co-Counsel for the Accused had resigned. 1841 Co-Counsel was withdrawn by the Registrar on 29 May 2009. 1842 The same day, the Pre-Trial Chamber granted in part the Defence motion for postponement of the start of the trial. 1843 The Chamber held that the new commencement date would be communicated to the parties in due course and instructed the Defence and the Registry to make immediate arrangements for the replacement of Co-Counsel. 1844 On 8 June 2009, the Registrar assigned Mr. Claver Sindayigaya as Co-Counsel for the Accused. 1845 1828 La requête de Kanyarukiga Gaspard aux fins de la fixation du procés, filed 16 May 2007. 1829 Decision on Defence Motion to Set a Date for Trial (TC), 11 June 2007. 1830 Prosecutor v. Seromba, Case No. ICTR-2001-66. 1831 Decision on Defence Request for Translation (TC), 20 June 2008. 1832 Minutes of the Informal Pre-Trial Meeting on Prosecutor v. Kanyarukiga, 30 January 2009. 1833 Letter from Defence Counsel and Detention Management Section to Mr Paul Skolnik entitled “[y]our assignment as Co-Counsel to Represent the Accused Gaspard Kanyarukiga”, dated 31 March 2009. 1834 T. 17 April 2009 pp. 1-2. 1835 Scheduling Order (TC), 24 April 2009, para. 1(I). 1836 Scheduling Order (TC), 24 April 2009, para. 1(V). 1837 The Prosecutor’s Pre-Trial Brief, filed on 4 May 2009. 1838 Decision on the Prosecution Motion for Judicial Notice (TC), 14 May 2009. 1839 Decision on the Prosecution Motion for Judicial Notice (TC), 14 May 2009. 1840 Extremely Urgent Defence Motion for Postponement of the Start of the Trial, filed on 20 May 2009. 1841 Addendum to Extremely Urgent Defence Motion for Postponement of the Start of the Trial, filed on 27 May 2009. 1842 Decision Withdrawing Mr. Paul Skolnik as Co-Counsel for the Accused Gaspard Kanyarukiga, filed on 29 May 2009. 1843 Decision on the Extremely Urgent Defence Motion for Postponement of the Start of the Trial (TC), 29 May 2009. 1844 Decision on the Extremely Urgent Defence Motion for Postponement of the Start of the Trial (TC), 29 May 2009. 1845 Letter from Defence Counsel and Detention Management Section to Mr. Claver Sindayigaya entitled “Your assignment as Co-Counsel to Represent the Accused Gaspard Kanyarukiga,” dated 10 June 2009. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 173
Judgement and Sentence 1 November 2010 708. On 2 July 2009, the President of the Tribunal withdrew his designation of Trial Chamber II, composed of Judges Emile Short, Seon Ki Park and Joseph Masanche, and designated Trial Chamber II, comprising Judge Taghrid Hikmet (presiding), Judge Seon Ki Park and Judge Joseph Masanche, as the Pre-Trial bench for this case. 1846 709. On 7 July 2009, the Chamber issued a Scheduling Order instructing the Prosecution to present its case from 31 August to 18 September 2009. 1847 710. On 11 August 2009, the Chamber granted a Prosecution motion to vary its witness list. 1848 711. On 7 August 2009, the Defence filed a motion pursuant to Rule 68(A), requesting that the Prosecution disclose and return three laissez-passers allegedly seised from the Accused at the time of his arrest. 1849 The Prosecution responded on 11 August 2009, arguing that it did not have custody of the laissez-passers requested by the Defence. 1850 On 18 August 2009, the Chamber issued an Interim Order, instructing the Prosecutor to provide further information regarding the arrest of the Accused and the seisure, inventory and custody of the Accused possessions. 1851 712. The Prosecutor filed a response to the Chamber’s Interim Order on 21 August 2009. 1852 The Prosecutor conceded that the Accused made notations on the 10 September 2004 inventory, indicating that certain seised items were missing. 1853 The Prosecutor also acknowledged that certain items included in the 19 July 2004 inventory were not accounted for in the 10 September 2004 inventory. 1854 The Prosecution provided several possible explanations for the inconsistencies between the two inventories. 1855 Finally, the Prosecution indicated that it had contacted authorities in South Africa regarding the items seised from the Accused at the time of his arrest. 1856 713. On 20 August 2009, the Chamber issued an order transferring detained Witnesses CDL and CDK to the United Nations Detention Facility in Arusha. 1857 714. On 26 August 2009, the Chamber granted, in part, a Defence motion for disclosure of exhibits from the Seromba trial, ordering the Prosecution to review the Seromba exhibits together with the Defence and to disclose to the Defence any closed session exhibits deemed material to the applicant’s case. 1858 1846 President Dennis C.M. Byron, Notice of Designation, Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-02-78, dated 2 July 2009. 1847 Scheduling Order (TC), 7 July 2009. 1848 Decision on Prosecutor’s Motion to Vary his Witness List (TC), 11 August 2009. 1849 Motion for the Prosecution to Disclose and Return Exculpatory Documents Seized from the Accused, filed on 7 August 2009. 1850 Prosecutor’s Response to the Motion for the Prosecution to Disclose and Return Exculpatory Documents Seized from the Accused, filed on 11 August 2009. 1851 Interim Order Concerning the Defence Request for Rule 68 Disclosure (TC), 18 August 2009. 1852 Prosecutor’s Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure, filed on 21 August 2009. 1853 Prosecutor’s Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure, filed on 21 August 2009, para. 12. 1854 Prosecutor’s Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure, filed on 21 August 2009, para. 14. 1855 Prosecutor’s Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure, filed on 21 August 2009, paras. 13-15. 1856 Prosecutor’s Response to the Interim Order of the Trial Chamber Concerning the Defence Request for Rule 68 Disclosure, filed on 21 August 2009, para. 5. 1857 Order for Transfer of Detained Witnesses CDL and CDK (TC), 20 August 2009. 1858 Decision on the Extremely Urgent Defence Motion for Disclosure of All Exhibits from the Seromba Trial (TC), 26 August 2009. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 174
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