Four suspects and one accused person, arrested in West Africa last month for allegedly being involved in the Rwanda genocide of 1994, were transferred to the Tribunal's Detention Facility in Arusha on 10 July 1998. This brings to 31 the number of suspects and accused persons presently detained under the authority of the Tribunal.
The four suspects are Mr. Mathieu Ngirumpatse, a former Director General of the Ministry of Foreign Affairs and President of the former ruling party, MRND (Mouvement républicain national pour la démoctratie et le développement); Mr. Edouard Karemera, former Minister of Interior in the interim government of Rwanda during the genocide and former Vice-President of MNRD; Mr. Joseph Nzirorera, former President of the National Assembly and Secretary-General of the MRND; and Mr. Omar Serushago, a businessman and local leader of the lnterahamwe militia in the Gisenyi prefecture.
The fifth person is Mr. Emmanuel Bagambiki, former Prefect of Cyangugu, who has already been indicted by the Tribunal on charges of Genocide, Crimes Against Humanity and Violations of Article 3 Common to the Geneva Conventions of 1949 and of Additional Protocol II (1977).
Mr. Ngirumpatse was arrested on the night of 11 June 1998 in Mali, Mr. Nzirorera on 5 June 1998 in Benin, Mr. Karemera and Mr. Bagambiki in Togo on 5 June 1998 and Mr. Serushago on the night of 10 June 1998 in Cote d'lvoire.
Another Suspect Surrenders Voluntarily
In a separate development, another suspect, Major Bernard Ntuyahaga, has surrendered himself to the Tribunal. He was transferred to the Tribunal's Detention Facility from the custody of the Tanzanian authorities on 10 July 1998, under the Tribunal's Rule 40 bis.
Major Ntuyahaga was Officer (G4) in Charge of Logistics at the Kigali military camp from January 1994 to April1994. He is suspected of Genocide, Crimes against Humanity, and Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II thereto. On 7 April 1994 he is suspected to have transported 10 Belgian soldiers who were members of the United Nations Assistance Mission in Rwanda (UNAMIR) peacekeeping force to the Kigali military camp where they were subsequently killed. The Office of the Prosecutor believes that the Belgian soldiers were massacred in his presence and he failed to take any action to prevent these massacres.
Major Ntuyahaga is the first suspect or accused person to surrender voluntarily to the ICTR.
A notable feature of the persons presently detained under the authority of the Tribunal in Arusha is that most of them are reputed ringleaders of the genocide in Rwanda in 1994. The detainees as of today are:
Jean KAMBANDA, Prime Minister (pleaded guilty, convicted, awaiting sentencing)
Edouard KAREMERA, Minister of Interior of the interim government and Vice- President of the ruling party MRND
Pauline NYIRAMASUHUKO, Minister of Family and Women Affairs
Andre NTAGERURA, Minister of Transport
Mathieu NGIRUMPATSE, Director General of the Ministry of Foreign Affairs and President, MRND
Joseph NZIRORERA, President of the National Assembly and Secretary-General of the MRND
Jean Bosco BARAYAGWIZA, Director of Political Affairs, Ministry of Foreign Affairs
Theoneste BAGOSORA, Director of Cabinet, Ministry of Defence
Gratien KABlLIGI, Brigadier-General in Forces Armées Rwandaises (FAR)
Anatole NSENGIYUMVA, Lieutenant-Colonel, FAR
Aloys NTABAKUZE, Commander of Battalion, FAR
Alphonse NTEZIRYAYO, Commanding Officer of the Military Police, later Prefect of Butare from 17.06.94 to his exile
Bernard NTUYAHAGA, Officer (G4) in Charge of Logistics at the Kigali military camp
Ferdinand NAHIMANA, Director of Radio Télévision Libre des Mille Collines (RTLM)
Hassan NGEZE, Chief Editor, Kangura Newspaper
Georges H.Y.J. RUGGIU, Journalist, RTLM
Senior Government Administrators
Emmanuel BAGAMBIKI, Prefect (Governor) of Cyangugu
Clément KAYISHEMA, Prefect of Kibuye (trial ongoing)
Sylvain NSABIMANA, Prefect of Butare
Laurent SEMANZA, Bourgmestre (Mayor) of Bicumbi
Elie NDAYAMBAJE, Bourgmestre of Muganza
Joseph KANYABASHI, Bourgmestre of Ngoma
Jean Paul AKA YESU, Bourgmestre of Taba (Judgement to be delivered shortly)
Georges RUTAGANDA, Businessman & 2nd Vice-President of Interahamwe (trial ongoing)
Omar SERUSHAGO, Businessman and local leader of the lnterahamwe militia in the Gisenyi prefecture
Elizaphan NTAKIRUTIMANA, Pastor, 7th Day Adventist in Kibuye (Detained in the United States of America)
Alfred MUSEMA, Director of Tea Factory in Kibuye
Samuel lMANISHIMWE, Lieutenant in FAR
Gerard NTAKIRUTIMANA, Medical Doctor
Obed RUZINDANA, Businessman in Kibuye (trial ongoing)
Arsene Shalom NTAHOBALl, Businessman
Trial Chamber 2 Orders Replacement of Elie Ndayambaje’s Counsel
Trial Chamber 2 this week granted a request by accused Elie Ndayambaje for the withdrawal of assigned Counsel, Mr. Charles Tchoungang, and Co-counsel, Mr. Jean-Jacques Makolle. The accused had argued that he had lost confidence in his Counsel.
The Trial Chamber, composed of Judge Yakov Ostrovsky, presiding and Judges William Sekule and Navanethem Pillay then directed the Registrar to ensure that the Counsel immediately returned the case files and related materials to the accused. Trial Chamber 2 also directed the Registrar to assign new Defence Counsel for the accused.
Mr. Ndayambaje, a former Bourgmestre of Muganza, had earlier argued that he had lost confidence in his Defence Counsel due, inter alia, to the latter's “apathy, bluffing, failure to honour firm commitments" and lack of contact between the said Counsel and the accused. The accused had provided the Chamber documentation outlining his unsuccessful attempts to maintain contact with his Counsel from the time the Counsel was assigned to him.
In reaching the decision the Chamber noted the lack of a written reply from the Defence Counsel to the accused's motion, and the counsel's absence at the hearing of the motion.
The Chamber further noted that replacement of a Counsel was a serious exercise, one not to be taken lightly. Rule 19 of the Directive on Assignment of Defence Counsel provides for the withdrawal of assigned defence counsel. Rule 19 (A) (i) of the Directive states that, “the Registrar may in exceptional circumstances, at the request of the accused or his counsel, withdraw the assignment of the counsel."
Mr. Ndayambaje, arrested in Belgium on 28 June 1995, is charged with Genocide, Crimes Against Humanity and Violations of Article 3 Common to the Geneva Conventions and the 1977 Additional Protocol II thereto. He has pleaded "not guilty" to five counts.