The Referral Chamber of the United Nations International Criminal Tribunal for Rwanda on 22 February 2012 transferred to the authorities of the Republic of Rwanda the case of Fulgence Kayishema, former Judicial Police Inspector of Kivumu Commune in Kibuye Prefecture. Kayishema is yet to be arrested.

This is the second case to be transferred to Rwanda by the ICTR following that of  Pastor Jean Uwinkindi whose transfer decision was made by a Referral Chamber on 28 June 2011 and confirmed by the ICTR Appeals Chamber on 16 December 2011. Uwinkindi’s transfer, however, is yet to be effected, as it is stayed pending the establishment of a suitable Monitoring Mechanism.

In its ruling, the Referral Chamber, composed of Judges Khalida Rachida Khan, presiding, Vagn Joensen and Gberdao Gustave Kam, ordered that the Prosecution of the case of Kayishema be referred to the authorities in Rwanda, who will then refer the same to the High Court of Rwanda.

It also ordered that the Prosecution hand over to the Prosecutor General of Rwanda, as soon as possible and no later than 30 days after the Decision has become final, the material supporting the Indictment against the accused and all other appropriate evidentiary material in the possession of the Prosecution.

Since the accused is yet to be arrested, the Referral Chamber requested that Rwanda, upon apprehension of the accused or receiving news or confirmation of his death, to provide the Tribunal or the International Residual Mechanism for Criminal Tribunals with regular reports on efforts taken to apprehend him.

In a decision on Uwinkindi of 24 February 2012, the President of the Tribunal, Judge Khalida Rachid Khan, ordered that the transfer of the accused shall be stayed until such a time as the President is satisfied that a suitable monitoring mechanism has been established.

Judge Khan instructed the Registrar to urgently undertake discussions and negotiations in order to effectuate the establishment of a monitoring mechanism according to the terms and conditions ordered by the Referral Chamber. The Registrar was also directed to file submissions under Rule 33 (B) which detail the steps that have been undertaken to secure monitoring and provide details of the proposed options for monitoring not later than 16 March 2012.