Ignace Bagilishema left Arusha on 8 October 2001 for France, where he will reside under conditions laid down by the Tribunal pending the determination of the Prosecutor’s appeal against his acquittal.
Bagilishema was acquitted by Trial Chamber I of the ICTR on 7 June 2001. On 20 September 2001, the French government notified the Tribunal that it had agreed to the ICTR request to allow Bagilishema to reside in France.
The Rules of Procedure of the Tribunal provide that in case of acquittal, the accused shall be released immediately. However it is also provided that, if the Prosecutor announces her intention to appeal against the judgement, the Trial Chamber may order the further detention of the accused.
The Prosecutor having made such an announcement the Chamber weighed the risk that Bagilishema would abscond during the appeal proceedings against the fact that he had been acquitted and should therefore be able to exercise his fundamental right to liberty.
On 8 June 2001 it therefore ordered Bagilishema’s immediate release, subject to the conditions that:
He provide two persons of good standing acceptable to the Tribunal as sureties;
He provide an address where he will reside and undertake to inform the Tribunal and the local police nearest his residence in case of any change of address; that he report on the last Monday of each month at the local police nearest to his residence;
He must not travel outside the country of his residence without the written permission of the Tribunal; that his travel documents be retained by the local police.
Counsel for Mr. Bagilishema, Maître Alexandre Roux of the Montpellier Bar gave the Tribunal the necessary proof that those conditions can be fulfilled in France. No date has yet been fixed for the hearing of the Prosecutor’s appeal.