THE INTERNATIONAL
CRIMINAL TRIBUNAL FOR RWANDA (“Tribunal”),
SITTING as Trial Chamber III, composed of Judges Dennis C.
M. Byron, Presiding, Karin Hökborg and Gustave Gberdao Kam (“Chamber”);
BEING SEIZED of the “Prosecutor’s Motion for an Order for Temporary
Transfer of Witnesses pursuant to Rule 90bis” (“Motion”), filed ex
parte on 27 April 2005;
RECALLING the “Order for Filing Additional Information to Prosecutor’s
Motion for Temporary Transfer of Witnesses”, delivered by the Chamber on 6 May 2005;
NOTING the “Prosecutor’s Filing in Response to Trial Chamber
III Order of 6 May 2005 concerning the Prosecutor’s Rule 90bis application”,
filed ex parte on 13 May 2005; the “Prosecutor’s
Supplemental Filing in Response to Trial Chamber III Order of 6 May 2005
concerning the Prosecutor’s Rule 90bis application”, filed ex
parte on 19 May 2005; and the “Prosecutor’s Second Supplemental
Filing in Response to Trial Chamber III Order of 6 May 2005 concerning
the Prosecutor’s Rule 90bis application”, filed ex parte on
23 May 2005.
RECALLING the Decision on Prosecutor’s Motion for an Order for
Temporary Transfer of Witnesses Pursuant to Rule 90bis of the Rule
of Procedure and Evidence (“Rules”), delivered by the Chamber on 23 May
2005;
NOTING the “Prosecutor’s Third Supplemental Filing in Response
to Trial Chamber III Order of 6 May 2005 concerning the Prosecutor’s Rule
90bis application”, filed ex parte on 31 May 2005.
HEREBY
DECIDES the Motion.
Introduction
1. The Separate Indictment
against the Accused André Rwamakuba has been filed on 23 February 2005. The trial is scheduled to commence on 9 June 2005.
2. On 27 April 2005, the Prosecution filed ex
parte a Motion seeking orders for the temporary transfer of two detained
witnesses from the Republic of Rwanda to the Tribunal Detention Facilities in Arusha. The Chamber
noted that the Prosecution did not specify the grounds for its ex
parte filing and directed the Prosecution to show cause why it should be heard ex parte. In addition, the Chamber required the Prosecution
to provide additional information in support of its request. On 13 and 19
May 2005, the Prosecution filed additional submissions which enabled
the Chamber to order the transfer of Witness GIQ on 23 May 2005. Now the Prosecution has provided additional information
regarding the availability of Witness GIN, by filing ex parte its
Third Supplemental Filing in Response to Trial Chamber III Order of 6 May 2005.
DELIBERATIONS
On the ex
parte Filing
3. The Chamber recalls that in its previous
Decision of 23 May 2005 it ruled that “an inter
partes filing of the Motion of 27 April 2005 and the additional submission
of 13 May 2005 does not cause any unfair prejudice to the requested
witnesses or the Prosecution, while the Defence and the Accused are obliged
to comply with the protective orders delivered by the Chamber. The urgency
of the matter and the fact that the rights of the Accused to be tried without
undue delay require a prompt disposal of the Motion to ensure the beginning
of the trial as scheduled on 9 June 2005.” In keeping with that reasoning, this Third Supplemental
Filing should be disclosed to the defence without the Annexure which contains
confidential information, and the Chamber will dispose of the Motion without
delay.
On the Request
to Order Transfer of the Detained Witness
4. Pursuant to Rule 90bis(B) of the
Rules, the Chamber will issue a transfer order after verifying that (i)
The presence of the detained witness is not required for any criminal proceedings
in progress in the territory of the requested State during the period the
witness is required by the Tribunal; and (ii) Transfer of the witness does
not extend the period of his detention as foreseen by the requested State.
5. The Third Supplemental Filing indicated that Witness GIN
was returned to Rwanda.
In the Annexure attached, the Rwandan Representative to the Tribunal
has stated on 27 May 2005
that the witness is not required in any criminal proceedings in Rwanda until July 2005.
This information, in addition to that previously supplied, satifies the
Chamber that the requirements of Rule 90bis(B) are met at least
for June 2005. It is therefore in the interests of justice that
the Prosecution lists Witness GIN in a manner that will enable the Chamber
to hear the witness’ evidence before the end of June 2005.
FOR THE ABOVE REASONS,
THE CHAMBER
I. DIRECTS the Registrar to disclose to the Defence the “Prosecutor’s
Third Supplemental Filing in Response to Trial Chamber III Order of 6
May 2005 concerning the Prosecutor’s Rule 90bis application”, filed ex
parte on 31 May
2005, except the Annexure;
II. ORDERS pursuant to Rule 90bis of the Rules that detained
Witness GIN be transferred to the United Nations Detention Facilities in
Arusha at an appropriate time prior to the testimony during the trial session
set to commence on 9 June 2005 until the completion of the witness’ testimony
or 30 June 2005 whichever is the sooner;
III. REQUESTS the Government of Rwanda to comply with this Order
and to arrange for the transfer of Witness GIN in cooperation with the
Registrar and the Tanzanian Government;
IV. DIRECTS the Registrar to:
(1) Transmit this Decision to the Governments
of Rwanda and the United Republic of Tanzania;
(2) Ensure the proper conduct of the transfer,
including the supervision of the Witness in the United Nations Detention
Facilities in Arusha;
(3) Remain abreast of any changes which might
occur regarding the conditions of detention provided for by the requested
State and which may possibly affect the length of the temporary detention
and, as soon as possible, inform the Trial Chamber of any such change.
Arusha, 1 June 2005, done in English. |
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Dennis C. M. Byron |
Karin Hökborg |
Gberdao Gustave Kam |
Presiding Judge |
Judge |
Judge |
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[Seal of the Tribunal] |
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