Declaration by the attorney for Mr Jean-Paul Akayesu following the suspension of his nine day hunger strike


John Philpot
Montréal
10.31.98


I am relieved to learn that my client, Mr Jean-Paul Akayesu suspended his nine day hunger strike on Friday night, October 30. He has been suffering terribly in the last few days. His feet were swollen, he had vomited blood and had periods of dizziness. The Registrar of the Court was indifferent. He began by taking broth on Friday night and Saturday.

The hunger strike brought his plight to the entire world who know more and more about the injustices my client has undergone at the hands of the Registrar's office. Furthermore, the Registrar admitted publicly that it was mistaken and that the name of the undersigned attorney was on the list of attorney available for assignment as of September 22, 1998. (I have never received notification thereof.)

Under this admission and the three powers of attorney in my favour, two of which are filed with the Registrar, I am his attorney. The question of assignment will be dealt with later.

I am horrified to find out that all the accused are confined to their cells 23 hours per day simply because they undertook a hunger strike in support of the right to choose their attorney. It is unacceptable that that Registrar deprived the accused of their computer, their printer and their tables.

THE BASIC ISSUE IS UNRESOLVED:

· Does a person accused of genocide before the International Criminal Tribunal for Rwanda (ICTR) have the right to choose the lawyer to be assigned by the Registrar. Or must he be submitted to the choice of the Registrar?

· Does a person accused before have fewer rights than his counterpart charged for crimes before the International Criminal Tribunal for ex-Yugoslavia, which sits in The Hague? The latter chooses from the entire list of lawyers who have provided their names. If he requests a lawyer who is not on the list, the Registrar puts the name on the list if the lawyer is qualified.

· The United Nations was formed more than fifty years ago in a climate of equality and justice. Why would this hitherto respected organisation wilfully set up a two tiered system of justice in which Europeans tried in a Court sitting in Europe have legal rights while Africans being tried in are deprived of these rights and are treated in the paternalistic manner reminiscent of the period prior to independence?

· Why would the Registrar, an officer of the United Nations with a status comparable that of a Deputy Secretary General, allow Mr Jean- Paul Akayesu weaken and risk death simply because he is asking to be defended by the counsel of choice?

I am proud to be among the growing numbers of people who are pleased to learn that Mr Jean-Paul Akayesu will survive and maintain his struggle to regain his human dignity.