Trial Chamber III of the International Criminal Tribunal for Rwanda today ordered the conditional release of Emmanuel Bagambiki, former Prefect of Cyangugu and André Ntagerura, former Minister of Transportation and Communications. The Tribunal acquitted the two government officials on 25 February 2004 of charges that they organized and participated in the 1994 Rwanda genocide.
The two were ordered released under conditions requested by the Prosecutor in accordance with the Tribunal’s Rules of Procedure and Evidence.
The Prosecutor asked for the conditional release because the Tribunal has no effective enforcement mechanism for compelling the two men to appear when the appeal of their acquittals will be adjudicated.
The Chamber granted the release based on requirements that Bagambiki and Ntagerura provide the address where they will reside and inform the Tribunal and the local police nearest their respective residences in case of any change of address; that they report on the first Monday of each month to the local police station nearest to their residence; that they not travel outside their country of residence without written permission of the Tribunal; and that their travel documents be retained by the local police, unless directed otherwise by the Tribunal.
The Chamber denied the Prosecutor’s request that Bagambiki and Ntagerura be kept under continued Tribunal detention and arrest pending the Prosecutor’s appeal of their acquittal.
Recognizing that the acquitted were subject to many years of detention, the Trial Chamber directed the Registrar to release Bagambiki and Ntagerura once he is satisfied that the conditions have been met and the necessary practical arrangements for their release have been made.
Bagambiki and Ntagerura are the second and third accused to be acquitted by the Tribunal among the 21 it has judged.