The ICTR programme by which counsel are assigned free of charge to defendants who cannot afford to pay their own legal costs is carried out under rules and guidelines approved by the judges of the Tribunal and embodied in the Directive on assignment of defence counsel and other judicial pronouncements.1
The current situation as regards assignment of counsel to ICTR detainees is as follows :
24 detainees out of 32 have chosen and been assigned counsel, including 6 counsel not originally on the list but placed on it at the request of detainees.
Process of assignment is underway for 4 detainees recently indicted and whose interests have been looked after by duty counsel assigned by the Tribunal.
One counsel has been assigned ex-officio following a detainee's repeated refusal to designate counsel in accordance with the applicable guidelines.
One detainee, Mr Rwamakuba has just been transferred to the Tribunal. A request from him for the assignment of a counsel is expected shortly.
One detainee having discharged his first counsel is insisting on being assigned counsel who has already been discharged in another case before the Tribunal for misconduct.
One detainee (Mr Akayesu) having already changed counsel three times, is insisting on selecting another counsel outside of the applicable guidelines.
I In assigning counsel to indigent accused" the Registrar Us] to take into consideration the wishes of the accused and Counsel, along with namely the resources of the Tribunal, competence and recognized experience of counsel, geographical distribution, a balance of the principal legal systems of the world "," (Decision of Trial Chamber 1 or the ICTR on a preliminary motion by the Defence for assignment of a co-counsel to Pauline Nyiramasuhuko. The Prosecutor versus Pauline Nyiramasuhuko and Arsene Shalom Ntahobali, Case No ICTR-97 -21- T .13 March 1998)
|
Detainees |
Counsel + team |
Status |
|
|
1. |
AKAYESU, Jean-Paul |
Has yet to make a selection in accordance with applicable guidelines. First two counsel assigned to him at his request ( M. J. Scheers, Belgium and M. Karnavas, USA) were subsequently discharged by him. |
|
|
2 |
BAGAMBIKI, Emmanuel |
J. Fierens (Belgium) |
Counsel assigned ex officio following detainee's repeated refusal to designate counsel in accordance with applicable guidelines. |
|
3 |
BAGOSORA, Theoneste |
R. Constant (France) Larochelle (Canada) 1 Legal Assistant 2 Investigators |
Chosen by accused. Previous counsel discharged on the request of the accused was also chosen by him. |
|
4 |
BARAYAGWlZA, Jean-Bosco |
J. Nyaberi (Kenya) 1 Legal Assistant 2 Investigators |
Chosen by detainee |
|
5 |
IMANISHIMWE, Samuel |
M.-L. Mbida (Cameroon) G. So'o (Cameroon) 1 Legal Assistant 2 investigators |
Chosen by detainee |
|
6 |
KABILIGI, Gratien |
J. Degli (Togo) Macha Sinegre (France) 1 Legal Assistant 1 Investigator |
Chosen by detainee |
|
7 |
KAJELIJELI, Juvenal |
Process of assigning a permanent counsel is underway. |
|
|
8 |
KAMBANDA, Jean |
Former counsel, now discharged at the request of the detainee, was chosen by him. Detainee is requesting a lawyer indicted for misconduct by the Tribunal to be assigned to him and has refused to choose a different counsel. |
|
|
9 |
KANYABASHI, Joseph |
M. Marchand (Canada) Boyer (Canada) 1 Legal Assistant 2 Investigators |
Chosen by detainee |
|
10 |
KAREMERA. Edouard |
Was assisted until his recent indictment by a duty-counsel assigned by the Tribunal. Process of assigning a permanent counsel is underway. |
|
|
11 |
KAYISHEMA, Clement |
A. Ferran (France) P. Moriceau (France) 1 Legal Assistant 1 Investigator |
Chosen by detainee |
|
12 |
MUSEMA, Alfred |
S. Kay (UK) M. Wladimiroff (The Netherlands) 1 Legal Assistant |
Chosen by detainee. Former counsel (Ms Honegger from Switzerland), discharged by the court for misconduct, was also chosen by detainee. |
|
13 |
NAHIMANA, Ferdinand |
J.-M. Biju-Duval (France) D. Sénéchal (France) 1 Legal Assistant 2 Investigators |
Chosen by detainee. |
|
14 |
NDAYAMBAJE, Elie |
V. Laurent* (Belgium) |
Chosen by detainee |
|
15 |
NGEZE, Hassan |
A. Gagnier* (Canada) |
Chosen by detainee |
|
16 |
NGIRUMPATSE, Mathieu |
Was assisted until his recent indictment by a duty-counsel assigned by the Tribunal. Process of assigning a permanent counsel is underway. |
|
|
17 |
NSABIMANA, Sylvain |
J. Kadji (Cameroon) P. Tchakounté (Cameroon) 1 Legal Assistant 1 Investigator |
Chosen by detainee |
|
18 |
NSENGYIUMVA, Anatole |
K. Ogetto (Kenya) G. Otachi (Kenya) 1 Legal Assistant 2 Investigators |
Chosen by detainee. |
|
19 |
NTABAKUZE, Aloys |
S. Rakotondramanitra (Madagascar) C. Monterosso (Canada) 1 Legal Assistant 2 Investigators |
Chosen by detainee |
|
20 |
NTAGERURA, André |
F. Konate (Côte d'lvoire) H. Benoit (Canada) 1 Legal Assistant 2 Investigators |
Chosen by detainee |
|
21 |
NTAHOBALI, Shalom |
Tricaud* (France ) Poitte (France) |
Chosen by detainee |
|
22 |
NTAKIRUTIMANA, Gerard |
E. Medvene* (USA) |
Chosen by accused. First counsel discharged on the accused’s request was also chosen by him. |
|
23 |
NTERIYAYO, Alphonse |
Pacere* (Burkina Faso) |
Chosen by detainee |
|
24 |
NTUYAHAGA, Bernard |
Amegadjie (Togo) |
Chosen by detainee |
|
25 |
NYlRAMASUHUKO, Pauline |
N. Bergevin (Canada) 1 Legal Assistant |
Chosen by detainee |
|
26 |
NZIRORERA, Joseph |
Was assisted until his recent indictment by a duty-counsel assigned by the Tribunal. Process of assigning a permanent counsel is underway |
|
|
27 |
RUGGIU, Omar |
M. Aouini* (Tunisia) Gilissen (Belgium) |
Chosen by detainee |
|
28 |
RUTAGANDA, Georges |
T. Dickson (Canada) 1 Legal Assistant 1 Investigator |
Chosen by detainee. First counsel discharged on the accused's request (De Temmerman, Belgium) was also chosen by him. |
|
29 |
RUZINDANA, Obed |
P. Besnier (France) W. Van der Griend (The Netherlands ) 1 Legal Assistant 2 Investigators |
Chosen by detainee |
|
30 |
RWAMAKUBA, André |
No request for assignment of counsel received to date from this detainee transferred to the Tribunal only few days ago from Namibia. |
|
|
31 |
SEMANZA, Laurent |
G. Bourassa* (Canada) |
Chosen by detainee |
|
32 |
SERUSHAGO, Omar |
M. Ismail (Tanzania) |
Chosen by detainee |
* Counsel Put on the list at request of detainee.
Breakdown of assigned counsel by nationality
|
Canada |
9 |
|
France |
9 |
|
Cameroon |
4 |
|
Kenya |
3 |
|
Belgium |
3 |
|
Togo |
2 |
|
Burkina Faso |
1 |
|
Côte d'lvoire |
1 |
|
Madagascar |
1 |
|
Tanzania |
1 |
|
Tunisia |
1 |
|
The Netherlands |
2 |
|
United Kingdom |
1 |
|
USA |
1 |
|
Total |
39 (Excludes three counsel recently discharged at the request of detainees). |