Fact Sheet No. 1

The Tribunal at a Glance

Status of Cases

1. The first trial at the ICTR started in January 1997, following the arrival of the first accused to Arusha in May 1996. As of April 2007, the tribunal has handed down twenty-seven judgments involving thirty-three accused. In all the cases but six (Ruggiu, Rutaganira, Serugendo, Mpambara, Rwamakuba, Nzabirinda), the convictions or acquittals were appealed to the ICTR Appeals Chamber.

2. The trials conducted during the first mandate of the ICTR (May 1995-May 1999) led to six judgments involving seven accused persons:

3. The Akayesu case is the first in which an international tribunal has been called upon to interpret the definition of genocide as defined in the Convention for the Prevention and Punishment of the Crime of Genocide (1948). The Trial Chamber recalled that genocide means, as described in the Convention, "the act of committing certain crimes, including. the killing of members of the group or causing serious physical or mental harm to members of the group with the intent to destroy, in whole or in part, a national, racial or religious group, as such".

4. The Chamber also defined the crime of rape. It underscored the fact that rape and sexual violence may constitute genocide in the same way as any other act of serious bodily or mental harm, as long as such acts were committed with the intent to destroy a particular group targeted as such.

5. The guilty plea and subsequent conviction of Jean Kambanda, former Prime Minister of Rwanda, set a number of precedents. This was the first time that an accused person acknowledged his guilt for the crime of genocide before an international criminal tribunal. It was also the first time that a head of government was convicted for the crime of genocide.

6. The trials conducted during the second mandate (May 1999 – May 2003) led to nine judgements involving fourteen accused, or a doubling of the judicial production of the Tribunal compared to the first mandate.

7. This table shows that in 2003, the ICTR rendered its highest number of judgements in one year, involving eight accused: Elizaphan and Gérard Ntakirutimana, Semanza, Niyitegeka, Kajelijeli, and the judgement in the Media case (three accused). They have been followed by four judgements in 2004: Kamuhanda, Cyangugu case (three accused), Gacumbitsi and Ndindabahizi, three in 2005 (Rutaganira, Muhimana & Simba). six in 2006 (Bisengimana, Serugendo, Mpambara, Muvunyi, Rwamakuba, Seromba) and so far, one in 2007 (Nzabirinda).

8. The judgements delivered so far involve one Prime Minister, six Ministers, one Prefect, seven Bourgmestres and several others holding leadership positions during the events in 1994. The Media case resulted in the first judgement since the conviction of Julius Streicher at Nuremberg in which the role of the media has been examined in the context of international criminal justice. The Chamber recalled the important guarantees in international law of the right to freedom of expression but noted that it was “critical to distinguish between the discussion of ethnic consciousness and the promotion of ethnic hatred”. The judgement has been appealed.

9. In addition to these twenty-seven judgements involving thirty-three accused, eleven trials are in progress, involving a total of twenty-seven accused. They include eight Ministers, one Parliamentarian, three Prefects, three Bourgmestres, eight military officers, and others holding leadership positions.

10. Of these twenty-seven accused, two cases involving ten accused (Butare; Military I) have continued from the second mandate. The Butare case (six accused) was suspended due to the change in the composition of the Trial Chamber, but resumed on 26 January 2004. The Military I trial has been concluded. Twenty-three cases involving twenty-nine accused started during the third mandate (May 2003-May 2007). So far, thirteen judgments have been handed down in thirteen cases during that mandate. The trials in Ndindabahizi and Gacumbitsi were completed in less than three months.

11. Nine detainees are awaiting the commencement of their trials. There are eighteen indictees are at large. The actual number of persons brought to trial before the ICTR may be less, as some of them may be dead, not be apprehended or transferred to national jurisdictions.

Ad Litem Judges

12. On 14 August 2002, the Security Council adopted resolution 1431 (2002), which enabled the creation of a pool of eighteen ad litem judges at the ICTR. The purpose of the reform was to increase the Tribunal’s judicial capacity by splitting the three Trial Chambers into Trial Chamber sections. The election of the ad litem judges took place on 25 June 2003. According to the resolution, the Tribunal could use four ad litem judges at any one time. These judges arrived in Arusha from September 2003. Their arrival made it possible to start the trials of Ndindabahizi, the Government case, and Karemera et al.

13. On 27 October 2003, following a request by the Tribunal, the Security Council adopted Resolution 1512 (2003), increasing the number of ad litem judges that may be used at any given time, from four to nine. Their competence was increased to enable them to adjudicate in pre-trial matters. The arrival of the fifth ad litem judge made it possible to commence the trial of Muhimana. The four additional ad litem judges arrived in September 2004 and enabled the Tribunal to start the Military II trial and the Seromba case. Since then, there have been nine ad litem judges.

14. On 13 October 2006, the Security Council approved the extension of the term of office of all ad litem judges until the end of 2008.

Completion Strategy

15. In July 2003, the ICTR submitted its Completion Strategy to the United Nations Headquarters. An updated and revised version was submitted to the Security Council on 29 September 2003 (S/2003/946) in connection with the Tribunal’s request to increase the number of ad litem judges from four to nine. The Completion Strategy took into account Security Council resolution 1503, adopted on 28 August 2003, which urged the ICTR and the ICTY to complete all investigations by 2004, all trials by 2008, and all appeals by 2010. Another important element of the resolution was the establishment of a separate Prosecutor for the ICTR. According to Security Council resolution 1534 (2004), the ICTR and the ICTY Presidents and Prosecutors shall provide assessments every six months of the progress made towards the implementation of the two Tribunals’ Completion Strategies. The latest version of the Completion Strategy, dated 30 November 2006 is available on the Tribunal's web-site.

16. Given these time limits, it is necessary for the current workload to be reviewed in order to determine what can reasonably be included and to retain flexibility in the completion strategy. In conformity with Security Council resolution 1503, the ICTR concluded new investigations – without prejudice to investigations for trial support in ongoing cases – by the end of 2004. The focus of the Prosecution strategy is to concentrate on the prosecution of those persons who bear the greatest responsibility for the tragic events which occurred in Rwanda. Greater attention will be devoted to process those cases, including the apprehension of fugitives falling within this category.

17. Negotiations will be conducted with states for the transfer to them of cases which, although not falling within the leadership category, still bear enough importance to be tried. Transfers will be effected on the basis of guarantees of a fair trial in accordance with United Nations standards.

18. Where there are indications that the evidence is weak or the law does not support prosecution or for some reason the target is beyond the reach of the ICTR (e.g. by reason of death) those cases will not be pursued.

19. It should be recalled that indictment and apprehension of suspects and accused are only within the partial, not total, control of the Tribunal. Indictments are based on evidence, resulting from investigations carried out by the Office of the Prosecutor (OTP). The cooperation of states, particularly Rwanda, is indispensable for access to witnesses and material evidence. Whilst the OTP, through its tracking team, has deployed substantial efforts in the location of fugitives, their apprehension and transfer to the Tribunal rests on the willingness of states to comply with their legal obligations in this respect. Fortunately, the record of the Tribunal in respect of apprehension of suspects and accused has been good. However, there are still high level indictees at large. Moreover, additional indictments may be issued by the conclusion of investigations. The ICTR will continue to appeal to all UN member states to live up to their legal obligations to apprehend and transfer accused persons to the Tribunal.

Pace of Proceedings

20. The ICTR faces many challenges which affect the pace of the proceedings. Important factors are the complexity of the cases; the need for voluminous disclosure and translation of documents; transport of witnesses from all parts of the world; unavailability of witnesses; and the need to interpret testimony between English, French and Kinyarwanda. These challenges contribute to the fact that trials at the ICTR (and similarly at the ICTY) are more time-consuming than trials conducted at the national level. The ICTR continues its efforts to avoid needless consumption of time. At the pre-trial stage, most motions are decided on briefs, thereby saving time and costs connected with the travel of Defence counsel to attend oral hearings. When feasible, such decisions are made by a single judge instead of three judges. During trials, many motions are dealt with orally, a procedure that saves time spent on the drafting of written decisions and reduces the need for translation, as such decisions are interpreted in the court room. An important step forward was the achievement of simultaneous interpretation from Kinyarwanda into English and French in all three Chambers, which takes about 25 per cent less time than consecutive translation. Another important measure was the construction of the fourth court room.

21. Other measures to accelerate proceedings include:

22. The ICTR continues to explore the possibility of additional measures designed to expedite trial proceedings in the context of its completion strategy.

Trials in Rwanda

23. The trials take place in the Tribunal’s four courtrooms in Arusha. However, this does not exclude proceedings from taking place elsewhere, for instance in Rwanda. In 2000, the Trial Chamber and the parties in the Bagilishema case carried out a visit to Kibuye Prefecture in order to see the places where the accused was alleged to have been involved in criminal acts. Subsequently, several Trial Chambers have carried out such visits.

24. Each Trial Chamber decides whether a trial should take place in Rwanda. The judges do not exclude this possibility, provided that the necessary infrastructure is available (courtroom etc). It is also important to hear the views of the parties in each case. Some accused and witnesses do not want to go to Rwanda. When it is not possible to hold an entire trial in Rwanda, the possibility exists to hear segments of trials there.

Witnesses

25. The Witness and Victims Support Section was established in 1996. Its mission is to ensure the timely availability of witnesses by providing impartial support and protection services to all witnesses and victims called to testify. The following services are being provided:

I. Assistance to Witnesses and Victims

II. Protection of Witnesses

III. Medical care in Support of Witnesses and Victims

26. The Support Programme for Witnesses and Potential Witnesses includes psychological counseling and access to medical care for witnesses appearing before the Tribunal who are also victims of sexual assault. A trained psychologist, a gynecologist and nurse-psychologist were recruited for Kigali and paid from the Trust Fund. The programme is currently run in coordination with the Witnesses and Victims Support Offices in Arusha and Kigali with the medical support of the Kisementi Medical Centre, Kigali. The Trust Fund also bears the costs involved in medical bills and related procedures for witnesses. About one-third of the expenses are oriented towards medical consultations and treatment of witnesses and victims of rape and sexual assault who have tested positive for HIV/AIDS.

Legal Aid Programme

27. Cognizant of the need to ensure fair trials, the ICTR allows indigent accused persons to be assisted by a defence team. It is usually composed of a Lead Counsel, a co-Counsel, an assistant and investigators. Defence investigators perform tasks in the field such as taking statements from potential witnesses.

28. Allegations that some defence investigators might be too closely related to accused persons, or involved in the events in Rwanda in 1994, have led the Registry to tighten the scrutiny before hiring investigators. A background security check is carried out before appointment.

29. Allegations of fee-splitting arrangements between Defence counsel and their clients have also been made. It is important to stress that such allegations have never been proved. The Registry has, however, out of an abundance of caution, put in place a series of measures to avoid the possible occurrence of such situations. The measures include restricting the gifts from defence team members to their clients and strict personal searches of persons visiting or meeting with detainees.

ICTR General Recruitment Policy

30. In accordance with the new staff selection system recruitment practices in ICTR are an integrated part of the overall recruitment policy within the United Nations System which involves the following:

30. The head of department, in selecting the candidate he or she considered to be best suited for the position, takes into account human resources objectives and targets, geographical diversification, gender balance, bilingualism, etc.

Special Measures

31. In view of the specific nature of the work of the Tribunal in filling certain occupation groups such as interpreters (Kinyarwanda) and bilingual secretaries (Kinyarwanda), preference is being given to candidates within the region who are familiar with the cultural background and the environment in which genocide took place. In doing so, special measures have been taken by the Human Resources and Planning Section to conduct security clearance for Rwandan nationals.

32. In view of the completion strategy, the Human Resources and Planning Section, in filling any vacant post effective January 2004, takes into account the following variables:

a) the present need of the organization vis-à-vis the completion strategy;
b) available funding;
c) urgent operation requirements.

External Relations Policy

Outreach Programme for the ICTR

33. The ICTR mandate encompasses establishing the fundamental role of the rule of law, under which persons found guilty are held accountable for their offences, promoting national reconciliation, and restoring peace in the Great Lakes region of Africa.

34. To achieve these aims, it is essential that ICTR’s target groups, in particular the Rwandan people, have a clear understanding of the work of the Tribunal. This implies a sustained strategic communication programme using a range of techniques, varying according to the audience addressed, to explain the Tribunal’s work and its relevance to Rwanda and the international community. The ICTR has embarked on outreach to diverse audiences, using various communication channels.

35. The ICTR Outreach Programme has therefore been conceived as a series of pro-active projects, complementary to the main institutional communication of the Tribunal. Particular attention is given to mass media and interpersonal communication in order to convey efficient and persuasive messages to targeted audiences inside and outside Rwanda. Apart from informing the public about its work, the Tribunal also holds information seminars for different groups.

36. The Outreach Programme gives particular attention to the availability of printed materials, radio broadcasts and speakers in Kinyarwanda. Training seminars for journalists and a research fellowship programme for Rwandan law students are also central to the outreach Programme.

Information Centre: Umusanzu mu Bwiyunge

37. The Programme’s focal point is the Information Centre Umusanzu mu Bwiyunge in Kigali. The Information Centre was inaugurated in September 2000. The Outreach Programme provides a range of opportunities to increase public understanding of the ICTR’s work through briefings and films. The Information Centre facilities are fully utilized by the Rwandan public, particularly students and researchers, who wish to get first-hand information about the Tribunal. The Centre is also a venue used by different institutions to host various seminars, meetings and press conferences.

38. At present, the Centre receives around 100 visitors per day, including students, journalists, civil servants, judges and lawyers as well as ordinary citizens from all walks of life. The Centre also disseminates ICTR’s public information documents to approximately 100 institutions in Rwanda. Direct access to audiences through publications and other materials provides Rwandans with first hand information about ICTR’s achievements and policy. Eight computers are presently available in the library, and a collection of video archives of trial proceedings before the Tribunal is particularly popular. A steadily increasing range of documents in Kinyarwanda is also available. Other activities such as press conferences, briefings and film showings take place at the center.

Media Relations

39. Given the priority accorded to radio as the most important medium in Rwanda, the Tribunal’s Outreach Programme supports Rwandan journalists who broadcast on a daily basis from Arusha. These journalists are from Office Rwandais de l’Information (ORINFOR) and the Ministry of Justice. The ICTR, in collaboration with these two institutions, expects to fill the information gap about the Tribunal in rural Rwandan provinces.

40. Additionally, groups of up to six Rwandan journalists are regularly brought to the Tribunal by the UN aircraft from Kigali in order to get first-hand information and report directly on important events such as the delivery of judgements, Appeals Chamber sittings, and the commencement of new trials. Radio and television journalists are provided with audio or videocassettes of hearings for broadcast by Radio Rwanda or Rwanda television. Judgements are broadcast live in Rwanda by means of a dedicated telephone link to Radio Rwanda. Interviews are accorded whenever necessary. The Tribunal provides an international independent media organization - Internews - with video materials used to produce and show documentaries on current Rwandan post-genocide justice.

Visits and Seminars

41. In partnership with the Hirondelle Press Agency and the BBC, training programmes have been organized for Rwandan journalists. The programmes, in English, French and Kinyarwanda, provide technical information on court procedures and international criminal justice as well as training in the techniques of legal journalism and ethics. According to participants, the training programmes and discussions held with ICTR officials have improved their understanding of international justice and the functioning of the Tribunal.

42. Since 2000, forty Rwandan judges from courts all over the country have attended a series of week-long seminars in Arusha. More seminars of this kind are planned. Several professors from the National University of Rwanda at Butare continue to carry out research at the Tribunal in Arusha. An annual programme of research awards for National University of Rwanda students is now in its fourth year. Each year, up to six students from the National University of Rwanda spend eight weeks working at the ICTR.

Future Outreach

43. Despite its achievements, the ICTR still faces the challenge of informing Rwanda’s rural population of its progress. The Umusanzu Centre can only receive people who live in, or are able to travel to Kigali. It is envisaged that outreach activities will be expanded to provincial levels. This project will engage key target groups, inform them about the ICTR, mobilize them to promote human rights, and foster the culture of accountability inside and outside Rwanda.

Outreach beyond Rwanda

44. The Tribunal continues its proactive public awareness campaign through seminars and exhibitions worldwide. Journalists from various countries in Africa and international news agencies have been invited to cover important events in order to generate awareness of the ICTR’s activities. By doing so, the Tribunal seeks to disseminate information about the key role of the ICTR in the development of international criminal jurisprudence.

Relevance for Peace and Justice