With the new indictments confirmed on 12 July 1996, the International Criminal Tribunal for Rwanda (ICTR) has now indicted a total of nineteen individuals since 28 November 1995. It has issued an order planning on provisional detention of five individuals.
Judge Yacov Ostrovsky of Chamber 1 of the Tribunal reviewed five new indictments presented by the Prosecutor of the Tribunal.
The five indictments charge the five people with a range of crimes including: genocide, crimes against humanity and violations of article 3 common to the Geneva Conventions.
After reviewing the supporting documentation, the judge determined that a prima facie case exists that the suspects have committed the above mentioned crimes; he therefore confirmed the indictments and delivered warrants of arrest against the accused, namely:
Ferdinand Nahimana (detained in Cameroon) and Anatole Nsengiyumva (detained in Cameroon).
On 15 July 1996, Judge Y. Ostrovsky further confirmed two other indictments concerning the following two suspects:
Alfred Musema (detained in Switzerland); he was the Director of a tea factory in Gisovu, Kibuye prefecture.
Joseph Kanyabashi (detained in Belgium); he was the burgomaster of Ngoma.
The Judge gave an order for the transfer of all suspects to the custody of the Tribunal in its detention unit in Arusha. The name of the fifth accused is not disclosed.
Extensions of provisional detention
On Monday 15 July 1996 the International Criminal Tribunal for Rwanda , represented by Judge Laïty Kama, President of the Tribunal, sat in Yaounde, Cameroon. The sitting was for hearing the request of the Prosecutor of the Tribunal for further extension of the provisional detention of Colonel Théoneste Bagosora and André Ntagerura, who are currently detained in Cameroon, under the order of the Tribunal contained in its decision of 18 June 1996 by Judge Lennart Aspegren granting the first extension.
At the end of the Inter-partes public hearing of 15 July 1996, in which the two suspects were assisted by their defense counsels, Judge Laïty Kama granted the Prosecutor's request for a further extension of their provisional detention for another 30 days, i.e., up to and including 14 August 1996, pending the transfer of the accused, at any time during this period, to the Tribunal's detention facilities in Arusha, as requested in the Tribunal's order of 17 May 1996 addressed to the Government of Cameroon. The President also mentioned that two of the other accused who were the subject of the Tribunal's order of 17 May 1996, had already been indicted and were no longer the subject of extension request before the Tribunal at that sitting.
In his decision, President Kama also brought to the attention of the Prosecutor the applicable Rule 40 bis and requested the Prosecutor to discharge his responsibility towards completing his task relating to the indictment of both Col. Théoneste Bagosora and Mr. André Ntagerura.
The Tribunal is pleased to note the spirit of co-operation shown by the various governments concerned and their recognition of the primacy of its jurisdiction in the matter.