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Belgian Prosecutor Puts Tribunal to Task Over Its Responsibilities

Hirondelle News Agency (Lausanne)
NEWS
January 14, 2005
Posted to the web January 14, 2005
Arusha
Professor Filip Reyntjens of Belgium, this week put to task the ICTR
(International Criminal Tribunal for Rwanda) over its responsibilities when he
announced that he was ceasing all collaboration with the tribunal until it
fulfils its mandate of pursuing those responsible for the 1994 genocide and
other human rights violations.
The professors's actions were aimed at bring attention to members of the former
rebel Rwandese Patriotic Front (RPF) who, for the last 10 years have been in
power after overthrowing a regime that carried out genocide of Tutsis and the
massacres of moderate Hutus.
According to Reyntjens, the Prosecutor of the ICTR has for a long time been in
possession of material proof and tangible evidence of war crimes allegedly
committed by the RPF but has not drawn up a single indictment because it would
incriminate some members of the Rwandan leadership.
The professor has on several occasions appeared as an expert witness for the
prosecution, said that he would only reverse his decision "if and when the
first RPF member is indicted". He denied that he was exerting any kind of
pressure on the tribunal but that he was doing so on "moral grounds"
The prosecutor, Hassan Bubacar Jallow replied through his assistant that he
would not bow to pressure. When the question of the RPF was put to him a few
months ago, Jallow had answered that he was in the middle of evaluating the
evidence.
The issue of indicting members of the RPF is a very thorny one as the tribunal
relies heavily on the cooperation with the Rwandan government. Rwanda also had
the former prosecutor, Carla Del Ponte, relieved of her duties. The Prosecutor
has on many occasions announced before both the Security Council and the press
that the allegations were "well known" and that part of his mandate was to
"deal with them". But he has fixed no date as to when he will make known his
decision to deal with the matter. He has also for the last few weeks refused to
make any comments on the matter.
The matter has acquired new importance ever since the tribunal announced that
it was halting new investigations at the end of December last year as
instructed by the Security Council. The tribunal which was set up 10 years ago,
is to end all trials by the year 2008.
The spokesperson of the tribunal, Roland Amoussouga tried to down play Prof.
Reyntjens' announcement and the role of expert witnesses. During a press
conference, Amoussouga said that no one was "indispensable" and that the
tribunal "could do without expert witnesses".
Most of the expert witnesses are researchers, historians, doctors and sometimes
journalists who come to "shed a light" for the judges benefit due to their deep
knowledge of issues related to the genocide. Reyntjens, Allison Desforges from
the USA and Andre Guichaoua from France are the major expert witnesses at the
ICTR.
When interviewed in Kigali by Hirondelle news Agency, Rwanda's Prosecutor
General, Jean de Dieu Mucyo was of the view that Reyntjens' withdrawal would
not affect the tribunal's work.
However, one member of the defence teams has already raised this issue in court
demanding "impartial justice".
In his letter, Prof Filip Reyntjens brought to light criticisms voiced by
opponents of the tribunal and international justice in general who accuse it of
applying "victors' justice".
Ever since it was set up, the tribunal has judged 23 Hutus twenty of whom were
found guilty while three were acquitted.

   

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