OR: ENG
TRIAL
CHAMBER III
Before
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Dennis C. M. Byron, Presiding |
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Registrar: |
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Adama Dieng |
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Date: |
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6 May 2005 |
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THE
PROSECUTOR
v.
Protais
ZIGIRANYIRAZO
Case
No. ICTR-2001-73-A28
REQUEST
FOR THE COOPERATION OF THE GOVERNMENT OF RWANDA
Article 28 of the Statute and Rule 54 of the Rules of Procedure and Evidence
Office of the Prosecutor: |
Defence
Counsel |
Steven
Rapp |
John Philpot |
Wallace
Kapaya |
Peter Zaduk |
Gina
Butler |
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THE INTERNATIONAL
CRIMINAL TRIBUNAL FOR RWANDA (“Tribunal”),
SITTING as Trial Chamber III composed of Judge Dennis C. M. Byron, Presiding, pursuant
to Article 28 of the Statute of the Tribunal, and Rule 54 of the Rules
of Procedure and Evidence;
CONSIDERING that, with regard to the preparation of the trial,
the Defence has raised during the Status Conference held on 4 May 2005
that it has failed to access some witnesses and resources persons in the
Rwandan prisons since September 2004, and that the Government of Rwanda
has not been cooperating to assist it;
HAVING
HEARD the Prosecutor’s submissions on the issue during the
Status Conferences held on 4 and 6 May 2005, and the Defence Reply made orally on 6
May 2005;
BEING
SEIZED of the Defence “Urgent Motion to Request the Cooperation
of the Government of Rwanda” filed on 5 May 2005, providing the details
of the failure to access those witnesses and other persons in Rwandan
prisons, and the different attempts to get the assistance of the Government
of Rwanda;
CONSIDERING that the cooperation of the Government of Rwanda is
necessary in order for the Defence to prepare its case;
THE
CHAMBER, HEREBY
I. REQUESTS the cooperation of the Government of Rwanda in assisting
the Defence Team composed of John Philpot, Peter Zaduk, Dick Prudence Munyeshuli
and Donatien Tuyisenge, to have access to Rwandan prisons for the
purpose of its investigations, noting that any interview shall take place
in the presence of one of the Counsel;
II. INVITES the Government of Rwanda to make any submission it may wish in relation
to the Defence Motion, not later than 23 May 2005, in order to assist the
Chamber to determine whether any further measures required to be taken; DIRECTS the
Prosecutor to make any further submission in relation to the Defence Motion
before 23 May 2005, and INVITES the Defence to reply to those submissions
not later than 27 May 2005;
III. DIRECTS the Registrar to serve this request for cooperation to the Government
of Rwanda, accompanied by the Defence Motion.
Arusha, 6 May 2005, done in English. |
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Dennis C. M. Byron |
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Presiding Judge |
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[Seal of the Tribunal] |
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