Issue 00357 

Feb 19 - 25, 2005

UN Tribunal

Former ruling party big shots to have separate trial

By Hirondelle News Agency

The International Criminal Tribunal for Rwanda (ICTR) has ordered that the trial of three leaders of the former ruling party be separated from that of a Hutu politician from an opposition party.

The decision passed Monday granted a motion filed by the prosecutor in December to amend the indictment and have two separate trials.

One indictment will group together the former president of the Mouvement Republicain National pour la Democratie et le Developpement (MRND), Mathieu Ngirumpatse, its vice-president, Edouard Karemera, and Joseph Nzirorera, the Secretary General of the party and interim speaker of the transitional assembly.

The other indictment will be for former minister of primary and secondary education in the Rwandan interim government, Andre Rwamakuba, who was a member of the opposition Mouvement Democratique Republicain (MDR).

The MRND was dissolved by the Rwandan judiciary in 2001 and the MDR just before the general elections of 2003.

The tribunal gave the go-ahead to separate the trial after making sure that the Prosecutor would not gain technical advantage.

"The requested severance is in the interests of justice, ensuring a fair trial without undue delay to the Accused", read the decision. No date has yet been fixed for the new trials.

During the trial of the former leaders of the MRND, the prosecutor would like to focus on the crime of conspiracy to commit genocide, within the ruling party.

Problems with the trial emerged on May 16, 2004 after the prosecutor had already called 11 witnesses.

The presiding judge in the trial, Judge Andresia Vaz of Senegal, had been accused by the defence of impartiality because she had accommodated a member of the prosecution team in her house. She was forced to withdraw from the case and the trial adjourned sine die.

On May 24, the two remaining judges ordered that the trial continue with the appointment of a new judge.

But the defence appealed the decision and on September 28, the Appeals Chamber ordered the trial to start from scratch.

The prosecution then changed its strategy in December and requested for two separate trials, one for former MRND leaders, and the other for Andre Rwamakuba, who saw the withdrawal of the rape charges from his indictment.


UN Tribunal

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