ICTR press release / Case of Jean Uwinkindi Referred for Trial to the Republic of Rwanda
ARUSHA, Tanzania, June 28, 2011/African Press Organization (APO)/ — Case of Jean Uwinkindi Referred for Trial to the Republic of Rwanda
The United Nations International Criminal Tribunal for Rwanda today
referred the case of Jean Uwinkindi to the Republic of Rwanda to be tried
in the Rwandan national court system under Rule 11 bis, marking the first
time in the Tribunal’s history it has done so.
A specially designated Referral Chamber composed of Judges Florence Rita
Arrey, Presiding, Emile Francis Short and Robert Fremr decided upon
assessment of the submissions of the Defence and amici curiae (including
the Government of Rwanda, Human Rights Watch, the International
Association of Democratic Lawyers, the International Criminal Defence
Attorneys Association, and the Kigali Bar Association) that it was
satisfied that the Government of Rwanda was prepared to receive its first
referral from the ICTR.
While previous Referral Chambers were not inclined to grant similar
applications that had been placed before them, this Chamber was convinced
based on the evidence that Rwanda possesses the ability to accept and
prosecute Uwinkindi’s case. The Chamber expressed its solemn hope that
the Republic of Rwanda would actualize in practice the commitments it
made in its filings about its good faith, capacity and willingness to
enforce the highest standards of international justice.
In reaching its decision, the Chamber noted that Rwanda had made material
changes in its laws and had indicated its capacity and willingness to
prosecute cases referred by the ICTR adhering to internationally
recognised fair trial standards enshrined in the ICTR Statute and other
human rights instruments. In particular, the Chamber found that the
issues which concerned previous Referral Chambers, namely the
availability of witnesses and their protection, had been addressed to
some degree in the intervening period.
The Referral Chamber also requested that the Registrar appoint the
African Commission on Human and Peoples’ Rights to monitor Uwinkindi’s
trial in Rwanda and determined that the ACHPR would bring to the
attention of the ICTR President any potential issues that may arise
throughout the course of the proceedings. The Chamber emphasised its
authority under Rule 11 bis to revoke the case from Rwanda as a last
resort if necessary.
Uwinkindi was born in 1951 in Rutsiro commune, Kibuye prefecture, Rwanda.
He was a former Pastor of the Pentecostal Church of Kayenzi, located at
Nyamata sector, Kanzenze commune, Kigali-Rural prefecture. He is accused
of being responsible for attacks against Tutsi at Kayenzi Church, at
Biyimana and Rwankeri cellules, and in Cyugaro’s swamps.
His indictment included counts of genocide, conspiracy to commit
genocide, and extermination as a crime against humanity. He was arrested
in Uganda on 30 June 2010 and transferred to the United Nations Detention
Facility in Arusha, Tanzania on 2 July 2010.
SOURCE
International Penal Tribunal for Rwanda
