A Referral Chamber of the United Nations International Criminal Tribunal for Rwanda today ordered the case ofThe Prosecutor v. Charles Sikubwabo to be referred to the authorities of the Republic of Rwanda, so that those authorities should forthwith refer the case to the High Court of Rwanda for an expeditious trial.
The order was made following a Request by the Prosecutor for the Referral of the Case of Sikubwabo to Rwanda Pursuant to Rule 11 bis of the Procedure and Evidence (“Rules”), made on 4 November 2010.
The Chamber composed of Judges Vagn Joensen, Presiding, Lee Gacuiga Muthoga and Gberdao Gustave Kam ordered, with Judge Muthoga appending a separate and concurring opinion, the Prosecution to hand over to the Prosecutor General of Rwanda, as soon as possible and no later than 30 days after this Decision has become final, the material supporting the Indictment against the Accused and all other appropriate evidentiary material in the possession of the Prosecution.
The Chamber expressed its solemn hope that the Republic of Rwanda, in accepting referrals from the Tribunal, will actualise in practice the commitments it has made in its filings about its good faith, capacity and willingness to enforce the highest standards of international justice in the referred cases.
Further it requested Rwanda, that until such time as the Accused is arrested or it receives news and confirmation of his death, to provide the Tribunal or the International Residual Mechanism for Criminal Tribunals with quarterly reports on efforts taken to apprehend him.
Charles Sikubwabo, a former Bourgmestre of Gishyita in the Kibuye prefecture is charged with Genocide, or, in the alternative Complicity in Genocide, as well as Conspiracy to Commit Genocide and Crimes against Humanity. The Accused is still at large.