The joint trial of Clement Kayishema and Obed Ruzindana resumed this week after a six-week break with the Defence Counsel of Ruzindana presenting three witnesses, one of which was the accused's sister. The case was adjourned on 13 March 1998, on request by the Defence, when the Prosecution closed its case.
The protected witnesses told Trial Chamber 2 that Ruzindana was not involved in the genocide in Rwanda 1994 and that he was a businessman who never indulged himself in politics. The witnesses are all living in exile. Presentation of the Defence witnesses will continue on Monday 18 May 1998.
The Prosecution has already presented 52 witnesses in the case whose trial began on 9 April 1997. The accused are jointly charged with Genocide, Crimes Against Humanity, and Violations of Article 3 Common to the Geneva Convention and of Additional to Protocol II.
Kayishema is a former Prefect of Kibuye and Ruzindana is a former businessman in Kibuye prefecture.
Motions Filed by the Defence before the Trial Chamber 2
During the same week, several motions were heard before the Trial Chamber 2. The motions were filed by Defence Counsels in the cases of:
Gratien Kabiligi and Aloys Ntabakuze: Motion to retain items and documents; Motion to nullify procedure for release and return of items and documents, and Motion to nullify proceedings and release of accused.
Aloys Ntabakuze: Motion for severance of trials; and Preliminary motion on the defects in the form of the indictment.
Gratien Kabiligi: Motion to lodge a complaint and open an investigation on actual torture.
Jean Bosco Barayagwiza: Extremely urgent Motion to quash the indictment on the grounds of defects in the form of indicement; and Motion for orders to review and/or nullify the arrest and provisional detantion of the suspect; and
Andre Ntagerura: Motion for orders for the protective measures for defence witnesses.
Rulings of the motions will be delivered later.