You are here

News

Statement of Dr. Andronico O. Adede, Registrar of the International Criminal Tribunal for Rwanda

The Trial Chamber I, consisting of President of the Tribunal Judge Laïty Kama, Presiding, and Judge Lennart Aspegren and Judge Navanethem Pillay, sat yesterday 11 March 1996 to hear two cases. Case Number ICTR-96-5-D was a deferral application by the Prosecutor addressed to the Government of Switzerland relating to investigations and proceedings against Alfred Musema currently detained by the Swiss Government. Case Number ICTR-96-6-D, was also a deferral application by the Prosecutor addressed to the Kingdom of Belgium relating to investigations and proceedings against Radio Télévision Libre des Mille Collines ("RTLM") by the Kingdom of Belgium. It rendered its decision today 12 March 1996.

In the matter of Alfred Musema (Case Number ICTR-96-5-D) the Trial Chamber was requested to send a formal request to the Swiss Government asking that its court defer to the competence of the Tribunal the case involving Alfred Musema held under the Criminal Law of Switzerland for breaches of the Geneva Conventions. Alfred Musema was appointed director of the tea factory in Gisovu (Kibuye Prefecture) a State owned company. He allegedly used his position as director of this tea factory to aid and abet in the execution of serious violations of International Humanitarian Law. More specifically, he was allegedly seen on several occasions at the massacre site known as Bisesero in Kibuye Prefecture. He was allegedly in the company of the principal authorities from the region all of whom were charged in the first indictment for Kibuye Prefecture. He allegedly gave instructions to the killers and allegedly supervised the attacks. Several witnesses saw him fire on assembled civilians. In addition, vehicles from his factory were allegedly used to transport the killers to the massacre site. His employees and drivers were also regularly present. The victims were Tutsis and moderate Hutus.

On 11 February 1995, Alfred Musema was arrested in Switzerland pursuant to an arrest warrant issued by the examining magistrate. Musema's detention has been subjected to monthly confirmations in accordance with the applicable provisions of Swiss Law and is currently detained up to 25 March 1996.

Consistent with its objective the Tribunal continues to focus its investigations at people in position of authority, who planned and directed the genocide.

In announcing the decision in Case Number ICTR-96-5-D the Presiding Judge said:

“The Trial Chamber was seized with a request for a formal deferral by the Swiss authorities in the case of Alfred Musema. Essentially, the Prosecutor pointed out that investigations have been instituted in Switzerland against Alfred Musema concerning acts allegedly committed in the prefecture of Kibuye in the territory of Rwanda, while the accused was exercising functions of authority, since he was the Director of the local tea factor. Alfred Musema, according to the Prosecutor, is detained in Switzerland and his continued detention has been ordered by the Tribunal de Division Suisse. Such detention has been repeatedly confirmed and the latest decision extends the detention period to 25 March 1996. He is suspected of having committed crimes which are punishable by Swiss law as constituting amongst others, serious violations of the Geneva Conventions of 12 August 1949 and of the Additional Protocols of 8 June 1977. The Prosecutor states that concurrently with the investigations conducted in Switzerland against Alfred Musema he is conducting investigations on the same facts. It is therefore for the good administration of justice that he requests the Trial Chamber to formally request the judicial authorities of Switzerland to defer to the competence of the Tribunal concerning the investigations presently conducted by the examining Magistrate in Switzerland. The Chamber has examined whether the conditions for a deferral as set by Rule 9 of the Rules of Procedure and Evidence are met, and after deliberations, the Chamber has concluded that for the reasons indicated in its written decision, that the request for deferral by the Swiss authorities as presented by the Prosecutor of the International Criminal Tribunal for Rwanda in the matter of Alfred Musema complies with the conditions set forth in Article 9 of the Rules of Procedure and Evidence and that therefore such request should be favourably considered. This is the reason why the Chamber decided as follows:

Considering all the matters before it and addressed in the public hearing,

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 consisting of Judge Laïty Kama, as Presiding Judge, Judge Lennart Aspegren and Judge Navanethem Pillay, being seized of the Application made by the Prosecutor,

HEREBY GRANTS the said Application,

FORMALLY REQUESTS the Swiss Federal Government to defer to the International Tribunal all investigations and criminal proceedings currently being conducted in its national courts against Alfred Musema,

INVITES the Swiss Government 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,

REQUESTS that the Government of Switzerland forward to the International Tribunal the results of its investigations and criminal proceedings and a copy of the court’s records and the judgements, if already delivered.

REQUESTS that the Government of Switzerland continue to detain Alfred Musema until an indictment is established and confirmed and a warrant of arrest is issued against him by the International Tribunal.

The Trial Chamber requests the Registrar of the International Tribunal to notify the Government of Switzerland of this Decision and Order.

In the matter of RTLM Case Number ICTR-96-6-D the Trial Chamber was requested to send a formal request to the Kingdom of Belgium asking that its court defer to the competence of the Tribunal the case involving RTLM and of individuals involved with RTLM. RTLM played a big role in the genocide through its broadcasts. In its broadcasts RTLM transmitted hate propaganda inciting people to commit genocide. The Prosecutor has more than 200 tapes concerning materials inciting people to commit genocide. One person has been identified as a suspect in this investigation in Belgium. More than 10 people are already identified as suspects by the Prosecutor in this investigation including the person already identified as a suspect in Belgium.

In announcing the decision in this case the Presiding Judge said:

"Now, we are going to consider the case before the Tribunal. Case Number ICTR-96-6-D concerning a request for deferral by the Belgium judicial authorities presented by the Prosecutor of the International Criminal Tribunal for Rwanda in the matter of Radio Télévision Libre des Mille Collines SARL. Mutatis Mutandis, the request by the Prosecutor does not defer from the case of Alfred Musema. Essentially, it is for the good administration of justice that the Prosecutor deemed it timely and useful to put an end to parallel investigations being conducted both before the judicial authorities of Belgium and before the International Tribunal on broadcasts by Radio Télévision Libre des Mille Collines which are alleged to have incited people to commit genocide and acts of violence in 1994. The investigations presently conducted by the Prosecutor involve, amongst others, the broadcasts, the management and the financing, and the journalists of the radio station. They mainly aim without being limited to it at the collection of material, the recording of RTLM broadcasts and the activities of the journalists and presenters of the station. The Examining Magistrate from Belgium is also investigating the activities of RTLM, as I just said, and so far he has collected 6 or 7 binders of material concerning RTLM. The Prosecutor is therefore of the opinion that for the good administration of justice, he should have in his possession the binders collected by the Belgian Examining Magistrate. The Trial Chamber in the second part of its decision (the analysis), has examined whether the conditions for the deferral requested as set forth in Rule 9 of the Rules of Procedure and Evidence are met. It has concluded that the conditions provided for in Rule 9 are met and that the Prosecutor's request should be favourably considered. Consequently, the Trial Chamber decided as follows:

Considering all the matters before it and addressed in the public hearing,

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 consisting of Judge Laïty Kama, as Presiding Judge, Judge Lennart Aspegren and Judge Navanethem Pillay, being seized of the Application made by the Prosecutor,

HEREBY GRANTS the said Application,

FORMALLY REQUESTS the Government of the Kingdom of Belgium to defer to the International Tribunal all investigations and criminal proceedings currently being conducted concerning the activities of RTLM as well as persons involved in the case of RTLM.

INVITES the Government of 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.

REQUESTS that the Government of the Kingdom of Belgium forward to the International Tribunal the results of its investigations and criminal proceedings and a copy of the court's records and the judgement, if already delivered.

The Trial Chamber instructs the Registrar of the International Tribunal to notify the Kingdom of Belgium of this Decision and Order."

For information only - Not an official document

UN-ICTR External Relations and Communication Outreach Unit
ictr-press@un.org | Tel.: +1 212 963 2850
www.unictr.org