Defence Counsel Callixte Gakwaya, Lead Counsel for the accused Yusuf Munyakasi, was released by Tanzanian police on Tuesday morning, 5 September 2006. Mr Gakwaya was arrested on Friday 1 September 2006 and transferred immediately to the custody of the Central Police Station in Arusha. Circumstances of the arrest and conditions of the release have not been communicated to the Tribunal. However it has come to the attention of the ICTR that Mr Gakwaya was only released after undertakings were made by private persons to the Tanzanian police.
As soon as the Registrar of the International Criminal Tribunal for Rwanda, Mr Adama Dieng was informed of the arrest, he expressed his strong concern to the Tanzanian authorities by reminding them of the agreement signed between the United Nations and the United Republic of Tanzania which provides for certain immunities in respect of Counsel admitted to represent those accused before the Tribunal. In particular, the Agreement required that Counsel “shall not be subjected to any measure which may affect the free and independent exercise of his or her functions under the Statute.” Mr. Gakwaya was present in Tanzania in his official capacity as Counsel for an accused.