1. The Trial Chamber of the International Criminal Tribunal for Rwanda, sitting at its seat in Arusha, rendered its decision today, 11 January 1996, concerning the application by the Prosecutor for a formal request for deferral to the competence of the Tribunal, by the Government of the Kingdom of Belgium, in the matter of: Elie Ndayambaje, Joseph Kanyabashi and Alphonse Higaniro (see ICTR press statement of 10 January 1996).
2. The decision reads, in part, as follows:
“Considering all the matters before it and addressed in the public hearing, and
Taking into account the provisions of Article 8 (2) of the Statute, and
Considering the requirements contained in Rule 9 (iii) of the Rules,
the Trial Chamber consist,ing of Judge Sekule, as Presiding Judge, Judge Khan and Judge Ostrovsky, being seized of the Application made by the Prosecutor.
HEREBY GRANTS the said Application,
FORMALLY REQUESTS the Kingdom of Belgium to defer to the International Tribunal the criminal proceedings currently being conducted in its national courts against the said Elie Ndayambaje, Joseph Kanyabashi and Alphonse Higaniro,
INVITES the Kingdom of Belgium to take all necessary steps, both legislative and administrative, to comply with this Formal Request and to notify the Registrar of the International Tribunal of the steps taken to comply with this Formal Request, and
REQUESTS that the Government of the Kingdom of Belgium forward to the International Tribunal the results of its investigation and a copy of the records of its national court.
The Trial Chamber requests the Registrar of the International Tribunal to notify the Government of the Kingdom of Belgium of this Decision and Order.
Andronico O. Adede Registrar