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Protective measures for defence witnesses in the case of Elie Ndayambaje ordered

Trial Chamber 2, comprising of Judge William Sekule (presiding), Judge Yakov Ostrovsky, and Judge Navanethem Pillay today granted an application by the Defence for orders for protective measures for its witnesses in the case of Elie Ndayambaje, a former Bourgmestre of Muganza commune, who is charged with genocide, complicity in Genocide, Crimes Against Humanity, and Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II.

The Trial Chamber also authorised the Registrar to solicit the assistance of the Republic of Kenya and the United Nations High Commission for Refugees (UNHCR) in this regard. The Defence Counsel Charles Tchoungang, from Cameroon had told the court last week that about 20 witnesses in his case were presently living in Kenya.

The Chamber further ordered that the Registrar after receiving the information concerning the witnesses from the Defence Counsel take possible measures to ensure their availability to the Tribunal, in full respect of the laws of the Republic of Kenya.

The names, addresses, locations and other identifying information of the Defence witnesses, shall not be disclosed to the Prosecution, so long as the said witnesses are not under the protection of the Tribunal, the ruling ordered.

The 12 measures granted, include keeping under seal of the Tribunal the names, address, locations and other identifying information of the witnesses; designing pseudonyms for each of its witnesses for use in proceedings; and the Prosecution notifying the Defence Counsel of any request for contacting the defence witnesses, and the Defence Counsel making arrangements for such contacts.

The Chamber had on 11 March this year granted measures for the protection of victims and witnesses for the Prosecution in the same case.

Meanwhile Judge Navanethem Pillay today ordered further provisional detention for another 30 days of Lt. Samuel Imanishimwe who was arrested in Kenya last month. The Prosecution had earlier prayed for an extension of the provisional detention because it said investigations in the case were still going on.

For information only - Not an official document

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