International Criminal Tribunal for Rwanda (ICTR) defence lawyers decry the potential execution of an important witness, who will risk the death penalty if extradited to Rwanda.
On October 15th , hearings resume in Dar es Salaam, Tanzania, on the extradition request by Rwanda against Major Bernard Ntuyahaga.
Ntuyahaga had been accused of crimes against humanity for the murders of the Rwandan Prime Minister and of ten Belgian Peacekeepers on the 7th of April 1994. Charges against Ntuyahaga were withdrawn by the ICTR, at the request of the Prosecutor last March 18th. The Prosecutor had at that time stated that the "incident" of these murders was not consistent with her global prosecution strategy of establishing a conspiracy to commit genocide in Rwanda. The ICTR does not impose the death penalty.
Major Bernard Ntuyahaga had voluntarily surrendered to the ICTR, after his offer of cooperation with Belgium went unanswered. Ntuyahaga was released from the United Nations detention facility on the 29th of March 1999, and was arrested shortly thereafter by Tanzanian police.
Attempts by the Belgian government to extradite Ntuyahaga failed both before the ICTR and Tanzanian courts.
Ntuyahaga is considered a "first category genocidaire" by the Rwandan authorities. A conviction would carry the death penalty.
A motion requesting protection measures for Ntuyahaga, argued by Raphael Constant, counsel for Theoneste Bagosora, charged with participating in the murders of the Rwandan Prime Ministers and the ten Belgian Peacekeepers, was recently denied.
On April 24th, 1998, the Rwandan Republic publicly executed Froduald Karamira. A request that he be transferred to the ICTR as a witness, filed by Tiphaine Dickson, counsel for Georges Rutaganda, had been denied by the Court. The ICTR Prosecutor had declined to bring charges against Karamira.
The following lawyers wish to underscore the persistent criticism leveled against Rwandan courts as well as the ongoing violation of fundamental rights of accused in summary genocide trials, and ask the International Community to intervene so that a central witness not be executed again. Signed by:
Tiphaine Dickson, Girouard, Peris, Pappas, Sutton, Prihoda, Dickson & Cherbaka, Montreal, Counsel for Georges Rutaganda;
John Philpot, Alarie, Legault, Montreal, Counsel for Jean-Paul Akayesu;
André Tremblay, Law Professor, University of Montreal, Counsel for Jean-Paul Akayesu;
Nicole Bergevin, Les Avocats Poupart et Marquis, Montréal, Counsel for Pauline Nyiramasuhuko;
Guy Poupart, Les Avocats Poupart et Marquis, Montréal, Counsel for Pauline Nyiramasuhuko;