RWANDA: ICTR to investigate allegations of witness abuse

RWANDA: ICTR to investigate allegations of witness abuse

NAIROBI, 15 March (IRIN) - The International Criminal Tribunal for Rwanda
(ICTR) has proposed forming a joint committee with the Rwandan government
to investigate recent allegations regarding the abuse of
witnesses -particularly those from Rwanda - giving evidence at the
tribunal.

The ICTR has proposed that the committee comprise four people - two chosen
by the government and two by the tribunal. The four should, starting on 1
April, look into the allegations and have two weeks to submit their report
to Rwandan Minister of Justice Jean de Dieu Mucyo and the ICTR registrar,
Adama Dieng.

According to the proposal, the committee will be asked to draw up a plan
to verify the charges; to examine the content and thrust of each
allegation; and to go where necessary to hear witnesses. The panel will
also gather all material or other evidence relating to the allegations,
according to a statement issued by the UN on Thursday.

The proposal, made by Dieng, said it was absolutely vital to work together
to verify the validity of the allegations openly and fairly in view of the
nature of the claims and the need for the Tribunal to ensure the welfare
of witnesses called to testify at the tribunal.

It comes as a response to concerns expressed recently by both the Rwandan
government and genocide survivors' groups, Ibuka and Avega, about the
treatment of witnesses giving evidence.

In a recent incident, it was said that three judges had been seen laughing
as a witness, known as "TA", gave evidence about an alleged rape.
Following a public outcry, in December 2001, Rwanda's representative to
the ICTR, Martin Ngoga, said: "This has been a matter of public concern,
and we associate ourselves with that concern." The witness had given
evidence from 24 October to 8 November.

The incident was first reported by an Arusha-based online magazine,
Diplomatie judiciare, which reported that "all three of them burst out
laughing". Witnesses present at the hearing maintained that the judges
were laughing at the defence lawyer's inept questioning - which was
focusing on the way TA had been undressed before the rape took place - and
not at the witness herself, Hirondelle news agency reported at the time.

Ibuka and Avega subsequently announced in January 2002 that they were
suspending cooperation with the ICTR until a number of conditions had been
met. Ibuka President Antoine Mugesera told Hirondelle in January that one
of the conditions was "to strengthen protection and security measures for
witnesses who go to Arusha and are badly treated". He also demanded that
"inefficient" protection officers be replaced.

Mugesera said Ibuka and Avega were also demanding that the ICTR Registry
and courtrooms be moved to Rwandan capital before they would resume
cooperation, "because we believe that witnesses would be safe in Kigali".
[ENDS]

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