Source ICTR – Trial Chamber III of the UN International Criminal Tribunal for Rwanda today decided that proceedings in relation to motions filed, under Rule 11 bis, by the Prosecution for referral of cases against Charles Sikubwabo and Fulgence Kayishema to the authorities of the Republic of Rwanda, including the appointment of Counsel for the accused, shall be deferred until the Accused are arrested or until a final decision has been made in relation to another request in the case of Jean-Bosco Uwinkindi, whatever comes first.
The Trial Chamber, composed of Judges Vagn Joensen, presiding, Gberdao Gustave Kam and Mparany Rajohnson made the ruling when issuing a scheduling order in the cases.
On 4 November 2010, the Prosecution filed three applications seeking the referral to Rwanda of the cases of Uwinkindi, former Pastor in Charge of Pentecostal Church in Kanzanze, Sikubwabo, former Bourgmestre of Gishyita, Kibuye Prefecture and Kayishema, former Inspector of Police in Kivumo commune.
In the ruling the Trial Chamber recalled that Sikubwabo and Kayishema were still at large. Therefore the matter pending before the Trial Chamber was not particularly urgent as long as the accused had not been arrested.
The Chamber said it considered that information that will be gathered in relation to the referral request concerning Uwinkindi, who is presently in custody of the Tribunal, and the outcome of that case, particularly in the event of an appeal, is likely to impact on the issues that will be raised in relation to the other referral requests.