ICTR PROSECUTOR ADDRESSES COMPLETION STRATEGY AND

C O N F I D E N T I A L SECTION 01 OF 02 KIGALI 001074

SIPDIS

SIPDIS

E.O. 12958: DECL: 10/13/2016
TAGS: PREL KCRM PHUM RW
SUBJECT: ICTR PROSECUTOR ADDRESSES COMPLETION STRATEGY AND
OTHER ISSUES IN KIGALI

REF: KIGALI 923

Classified By: Ambassador Michael R. Arietti, reason 1.4 (B/D)


1. (SBU) International Criminal Tribunal for Rwanda (ICTR)
Prosecutor Hassan Bubacar Jallow addressed the Kigali
diplomatic corps November 9, following a two-day conference
organized jointly by the ICTR and the University of Rwanda
entitled "Challenging Impunity." Jallow outlined next steps
for the ICTR's completion strategy, including genocide case
transfers to national jurisdictions, a permanent home for
ICTR archives, witness protection, capacity building of
Rwanda's judicial system,"legacy" arrangements for
uncompleted cases, acquitted defendants, and at-large
suspects. He called upon the donor community to answer the
GOR's call for assistance with its preparations for receiving
cases from the Tribunal. End summary.


2. (SBU) Following a two-day conference on such topics as
ICTR-GOR cooperation, strengthening national jurisdictions,
and fighting impunity, Prosecutor Jallow addressed the
assembled diplomatic corps at the ICTR compound in Kigali.
He outlined the ICTR's completion strategy and related
issues, first noting that the conference had gone well, and
that the ICTR and GOR had put the "Gakwaya incident" behind
them (Note: Gakwaya was the ICTR defense counsel accused by
Rwanda of genocide offenses who resigned after GOR protests
-- see reftel).


3. (C) Jallow said that up to 20 cases would be transferred
from the ICTR to the GOR, some involving defendants in
custody, and some at-large suspects. If Rwanda moved
expeditiously on its legislative initiative to abolish the
death penalty, the first moves to transfer cases could begin
in the first quarter of 2007. In assessing whether Rwanda
could hold fair trials, a principal worry for the ICTR was
provision of an adequate defense. While Rwanda has
provisions for legal assistance to indigent defendants, these
were unfunded and inadequate. Sufficient resources had to be
found to provide for a real defense, with proper preparation
before trial (ICTR staff suggested separately that appointed
defense counsel in Rwanda usually did no more than "pound the
table" on the day of trial, with no effort made before the
judge called the case). Jallow noted that the ICTR intended
to monitor transferred cases, and Rwanda would be required to
make a clear commitment to return a case (and its defendant)
to Arusha if the ICTR found court proceedings to be deficient.


4. (SBU) Witness protection mechanisms would be required as
well, said Jallow, something more than simply protective
efforts at the courthouse (a need identified by the GOR as
well in its presentations at the conference). While the GOR
also asked for assistance programs for victims, this was
beyond the ICTR's mandate. The GOR criticizes us for this
regularly, he said, but we do not have resources for victims.


5. (SBU) Capacity building for the Rwandan judicial system
received concerted attention at the conference, and Jallow
echoed this requirement, calling upon donor governments to
assist. He noted the GOR's call for a comprehensive "work
plan" for enhancing the court system, and he asked donors to
give serious thought to this issue. Clearing of case
backlogs and training programs for court personnel appeared
particularly urgent, he said.


6. (SBU) Another issue of concern for both the ICTR and the
GOR was disposition of the Tribunal archives, following its
projected 2008 completion of trials and 2010 completion of
appeals. Some acceptable depository of ICTR records had to
be found, either at the UN, or with Rwanda (or some form of
joint custody). A parallel "legacy" issue concerned
disposition of cases involving those indicted but not yet in
custody -- some mechanism had to be found to keep the cases
"always open." Said Chief Prosecutor Stephen Rapp after the
briefing, "we don't want suspects to run out the clock on the
international community." Another problem concerned those
already acquitted, or who would one day complete their
sentences. While some nation ultimately had to accept them,
several acquitted defendants had yet to find any takers, said
Rapp.


7. (C) Jallow finished by briefly outlining numbers and
types of cases either completed or underway. Of thirty-one
defendants already tried, he said, 26 had been convicted, and
5 acquitted. Twenty-six other individuals were in custody

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and awaiting trial. A further 18 were on the ICTR's list of
at-large suspects, including Felicien Kabuga, recently the
subject of extensive discussions with the Kenyan government
(said Rapp: "we say he's there, they say he is not. We show
photographs of Kabuga in Kenya, they say, well, he's not here
now). Jallow asserted that, with 13 military leaders, 16
ministers, several regional governors, and prominent
clergymen and media personalities in custody, "We will finish
trials by 2008, and we will have judged those who planned and
directed the genocide."


8. (C) Comment. Jallow's message to the assembled
diplomats was clear: the Rwandans (and the ICTR) needs donor
support. The GOR asks the Tribunal for programs and
assistance beyond its mandate and its resources (a rebuilt
judiciary, domestic witness protections programs, pursuit of
suspects not sought by the Tribunal, aid for victims of
genocide, etc.). The Tribunal does not want these requests
to go unanswered, and perhaps affecting its completion
strategy, its relations with the GOR, and its legacy as an
important international institution. Support for the
judicial system (including defense counsel) appears to us to
be a potential area of interest for the just-announced MCC
Threshold program for Rwanda. End comment.
ARIETTI