Defence
lawyers against ICTR archives coming to Rwanda
The Hague: Defence attorneys of suspects undergoing trials at different
international tribunals have added their voice to growing opposition
against the transfer of millions of documents to Rwanda from cases at
the International Tribunal for Rwanda (ICTR), RNA reports.
Kigali, with the strong backing of genocide survivors' groups wants the
archives brought here because it believes the documents are part of the
country's troubled history. Last month, government made that clear to
the UN through its Deputy Secretary-General Asha-Rose Migiro when she
was in Kigali.
Kenya seems to be the only country which has come out openly to be given
custody of the documents. However, despite the pressure pilling up, the
ICTR Office of the Prosecutor told RNA last month that the archives are
property of the UN. The [UN] General Assembly and the Security Council
will decide the ultimate home, according to ICTR spokesman Roland
Amoussouga.
For this matter, some 120 defense lawyers from the five international
courts meeting in The Hague this week came in defense of the ICTR.
UN protection of the ICTR archives in a neutral site, like other
international tribunals will be necessary to guarantee an accurate and
accessible historical record, the attorneys said in a final statement
Monday [16 November].
As the Rwanda tribunal prepares to close next year, the lawyers want the
UN to also continue providing "ongoing protection of detainees' rights,
proper jail conditions, and meaningful procedures for revision of
convictions".
The tribunal also came under fierce attack from most of the speakers.
They accuse the court of not fulfilling its mandate - a position which
remains controversial, depending on which you talk to.
Major voices that conference included American top lawyer Prof Peter
Erlinder, who [is] Lead Defence Counsel for Major Aloys Ntabakuze in the
Military 1 Trial - which has dragged on for years.
Former US Attorney-General Ramsey Clark questioned the legality of UN
criminal tribunals that are not authorized under the UN Charter.
"Fairness at the ICTR is a fiction that we agree upon with the most
devastating damages... [ellipsis as published]", he argued.
For Austrian
political philosopher Dr. Hans Koechler; "Ad hoc criminal courts should
not be created by the UN Security Council....which is inherently a
political body".
Prof John Laughland of the Centre for the History of Central Europe at
the Sorbonne noted examples of political interference with UN tribunals
for both Rwanda and Yugoslavia.
The conference came after the conclusion of another major conference in
Kigali last week bringing together Chief Prosecutors of the five
international criminal courts. Original Language: English Source: RNA news agency, Kigali, in English 0000 gmt 17 Nov 09/ |