The first ICTR referral to Rwanda

Last week the ICTR referred the first case, Uwinkindi, to the Republic of Rwanda.

Previously, the ICTR Chambers denied the Prosecution’s applications for referrals to Rwanda on the ground that the accused would not receive a fair trial. In particular, in 2008, the ICTR denied referrals in the Gatete, Kanyarukiga, Hategekimana, and Munyakazi cases.

This time, the Chamber found that Rwanda had made “material changes in its laws and indicated its capacity and willingness to prosecute cases referred by the Tribunal.”

The Chamber adopted the decision after receiving assurances that a robust monitoring mechanism will ensure that any material violation of the fair trial rights of the accused will be brought to the attention of the President of the Tribunal forthwith so that remedial action, including revocation, can be considered by the Tribunal.