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Theoneste Bagosora and others: Prosecutor's application for a new indictment dismissed

The Prosecutor's application seeking confirmation, pursuant to Rule 47 of the Rules of Procedure and Evidence, of a new indictment against Bagosora and others was dismissed yesterday by Judge Tafazzal H. Khan.

Judge Khan dismissed the indictment on the grounds that it was not maintainable in its present form and that as a single Judge he lacked jurisdiction to confirm the indictment with respect to certain individuals who were named therein and who have already been indicted. The Judge also considered that Rule 50 ("Amendment of the Indictment') and Rule 51 ("Withdrawal of Indictment”) of the Rules of Procedure and Evidence needed to be applied with respect to the new indictment, and reliance could not be placed on Rule 47 alone.

When rendering his "Dismissal of Indictment", Judge Khan, at the request of the Prosecutor, also ordered that the unconfirmed indictment, and any information relating thereto, not be disclosed, pursuant to Rule 53 of the Rules of Procedure and Evidence.

For information only - Not an official document

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