The President of the United Nations International Criminal for Rwanda Judge Vagn Joensen on 5 April 2012 directed the ICTR Registrar to immediately resume negotiations with the African Commission on Human and People’s Rights (ACHPR) with the goal of expeditiously concluding an agreement for monitoring of the trial of Jean Uwinkindi in the Republic of Rwanda.
In his decision the President also requested the Registrar to promptly inform the President in the event of any further difficulties in reaching such an agreement so that the President may assist with the process or direct the Registrar to continue negotiations with another organisation should it become necessary.
Judge Joensen also directed the Registrar to proceed with the appointment of ICTR Legal Staff who will act as interim monitors upon the transfer of Jean Uwinkindi to Rwanda and until the ACHPR or another organisation is appointed as monitor, and noted that ICTR Chambers or Registry Legal Staff should continue to assist and participate in monitoring and reporting upon the commencement of monitoring by the organisation.
The Registrar was directed to immediately begin discussions with Rwanda to determine what is necessary to effectuate the physical transfer of Jean Uwinkindi; and was also requested to ensure that such transfer takes place within 14 days of the filing of the decision.
In a decision dated 28 June 2011, the Trial Chamber designated under Rule 11 bis of the Rules of Procedure and Evidence (Referral Chamber) granted the Prosecutor’s request for referral of the case of Jean Uwinkindi to the High Court of Rwanda. Jean Uwinkindi’s appeal of the Referral Chamber decision was denied by the Appeals Chamber on 16 December 2011. Since that time the transfer of Uwinkindi was stayed due to ongoing review proceedings before the Appeals Chamber and then pending the finalisation of monitoring arrangements.