International Criminal Tribunal for Rwanda (ICTR)

Prosecutor v Callixte Nzabonimana, file nº ICTR-98-44

Born in the Gitarama préfecture in Rwanda, Callixte Nzabonimana was Minister of Youth and Associative movement in the interim government at the time of the 1994 genocide. He had previously been Minister of Planning between 1989 and 1992. The ICTR Prosecutor’s Amended Indictment of November 21st, 2001 contains counts of: conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity and of breaches of Article 3 common to the Geneva Conventions and of Additional Protocol II. In 2008, the counts of complicity in genocide and breach of Section 3 common to the Geneva Conventions and of the Additional Protocol II were withdrawn. Callixte Nzabonimana is accused of having applied the interim government’s policies while having authority over the bourgmestres and militiamen of the Gitarama prefecture and of having distributed firearms and financed murderers. He pleaded non-guilty on February 20th, 2008. His trial is ongoing.

Counsels:

• Me Vincent Courcelle-Labrousse, Lead Counsel
• Me Philippe Larochelle, Co-Counsel

 

Augustin Ngirabatware was accused on September 28th, 1999, of violations of Sections 2, 3 and 4 of the ICTR Statute, namely, conspiracy to commit genocide, genocide or alternatively complicity in genocide, direct and public incitement to commit genocide, crimes against humanity and breaches of Section 3 common to the Geneva Conventions and of the Additional Protocol II. In 2009, this last count (Section 3 breaches) is withdrawn. Born in January 12th, 1959, Augustin Ngirabatware was Minister of Planning for the interim government at the time of the genocide. Accused in September 1999, Mr. Ngirabatware appeared for the first time before the ICTR on October 10th, 2008 and pleaded non-guilty to the 10 charges brought against him. His trial is ongoing.

Counsels:

• Me Peter Herbert, Lead Counsel
• Me Mylène Dimitri, Co-Counsel

 

Idelphonse Nizeyimana was born on October 5th, 1963 in the Mutura commune, Gisenyi prefecture in Rwanda. At the time of the 1994 genocide, he was captain of Rwanda’s Armed Forces. As such, he was responsible for intelligence and military operations at the ESO (École des sous-officiers de Butare) and he allegedly exercised authority over the soldiers and military personnel . In the Prosecutor’s Indictment of November 27th, 2000, Nizeyimana was accused of having been associated with other individuals in the promotion of anti-Tutsi positions. As military commander, he is accused of five indictment counts, namely, genocide or, alternatively, complicity in genocide, direct and public incitement to commit genocide and rape and inhumane acts as crimes against humanity. The initial appearance of Idelphonse Nizeyimana, during which he pleaded non-guilty to the charges brought against him, was held on October 14th, 2009. On June 9th, 2010, the Trial Chamber refused to suspend trial proceedings against him following the arrest and detention in Rwanda of Ntabakuze’s counsel, Me Peter Erlinder. In the Amended Indictment of September 29th, 2010, counts of murder and rape as war crimes are added. The beginning of his trial is scheduled to begin January 17th, 2011.

Counsels:

• Me John Philpot, Lead Counsel
• Me Cainnech Lussiaa-Berdou, Co-Counsel

 

Special Tribunal for Lebanon (STL)

The Special Tribunal for Lebanon is instructed to investigate on the assassination of former Lebanese Prime Minister, Rafic Hariri, killed along with 22 other peoples a bomb attack in 2005. Created pursuing a resolution of the United Nations Security Council in 2007, the STL is a hybrid tribunal composed of national and international judges. Its Statute stipulates that it shall apply provisions of the Lebanese Criminal Code relating to the prosecution and punishment of acts of terrorism, of crimes and offences against life and personal integrity considered, by the Security Council, as a threat to the international peace and security. Nevertheless, the Statute of the Tribunal excludes the death penalty and forced labour. The trials at the STL may be held in absentia. Because of the continuing tensions in Lebanon, the Tribunal is located in The Hague, Netherlands.

 

NGO’s

Lawyers without Borders Canada (LWBC) – Guatemala Project

LWBC supports, since March 2010, the development of a Guatemalan law firm specialized in human rights issues. Their goal is to provide legal services to victims of human rights violations in order to enforce human rights and reduce impunity in Guatemala, especially with respect to the events which took place during the1960-1996 Civil War.

One of the cases submitted to the firm is that of Las Dos Erres. The facts occurred between December 6 and 8, 1982 in the department of Peten. While Guatemala was under the dictatorship of Efrain Rios Montt, the Kaibiles (the Guatemalan army at the time) killed at least 251 people, without distinction, in the village of Las Dos Erres. The goal of the Kaibiles was to attribute these killings to the guerrillas, but in vain. Before 2009, legal actions were instituted on a domestic basis, without success. At the end of 2009, the Inter American Court of Human Rights issued a decision inviting Guatemala to investigate these human rights violations and take the necessary steps to prosecute those responsible for these acts. This ruling has revived the national procedures relating to human rights violations. In September 2010, the Guatemalan courts have considered this case admissible for hearing. The case is scheduled to be heard in January 2011.

Counsels:

•  Me Edgar Perez, Counsel for the victim’s families
• Me Maria Lopez, Guatemala project Coordinator
• Me Claudia Lopez David, Coordinator and Legal Counsel - Guatemala
• Me Véronique Lebuis, LWBC Legal coordinator  

 

Lawyers without Borders Canada, in collaboration with Laval University’s Groupe d’étude en droits et libertés (GEDEL)– Omar Khadr case

Omar Ahmed Khadr is a Canadian citizen who was 15 when he was arrested in Afghanistan in 2002 during the antiterrorist operation conducted by the United States. He is believed to have thrown a grenade that killed an American soldier. Detained at Guantanamo, he allegedly suffered several violations of his fundamental rights, including submission to a form of abuse called “frequent flyer program”, which consists of sleep-depriving the victim in order to lessen his resistance to examination. There are also issues regarding his rights to counsel and to be tried within a reasonable time, legal protection of minor inmates, etc.

In the Canadian portion of the case, Omar Khadr complained about the Canadian government's involvement in the violation of his rights and requested, as a remedy, that Canada asks for his repatriation. Indeed, between 2003 and 2004, officials of the Canadian intelligence services of CSIS and of DFAIT, knowing that he was subjected to the “frequent flyer program”, examined him and provided US authorities with the examination transcripts.

Initially, Khadr’s defence asked for disclosure of the Canadian agents’ examination transcripts, alleging a breach of section 7 of the Charter because of the non-disclosure. The Supreme Court (SCC) granted the request. Canada’s highest court held that “The principles of international law and comity of nations, which normally require that Canadian officials operating abroad comply with local law and which might otherwise preclude application of the Charter to Canadian officials acting abroad, do not extend to participation in processes that violate Canada’s binding international human rights obligations”.

In a second step, after evidence had been disclosed to Khadr and made public, Khadr’s defence alleged a further violation of the Charter’s section 7, invoking, among others, the principles of fundamental justice of protection, of minor detainees and the protection against cruel treatment. As constitutional remedy, Khadr asked the Court to order the Canadian Government to request from the United States his repatriation to Canada. In its January 29th 2010 decision, the Supreme Court confirmed the violation of Khadr’s rights. The SCC’s majority stated, however, that it was not the SCC’s role to give specific directives to the government in the sphere of its prerogatives in foreign affairs. According to the Court, “[t]he appropriate remedy in this case is to declare that Khadr’s Charter rights were violated, leaving it to the government to decide how best to respond in light of current information, its responsibility over foreign affairs, and the Charter”. LWB and Laval University GEDEL, along with the Barreau du Québec, submitted an amicus curiae factum to the Supreme Court in support of Khadr’s arguments.

On 5 July 2010, a decision of the Federal Court gave the government a one week delay to find a solution to breaches of Khadr's rights as described in the Supreme Court’s ruling. The Minister of Justice has appealed this decision and on July 22, 2010, the Federal Court of Appeals granted a stay of execution of the trial decision.

As of November 2010, the outcome of the Canadian procedures are uncertain as Khadr pleaded guilty to five counts before the Military Commissions at Guantanamo and, following a deal with the US authorities, has been convicted to 8 years of imprisonment. In one year, Khadr will be allowed to ask Canadian authorities to serve the rest of his sentence in Canada. According to diplomatic notes and statements made by Government officials, Canada has agreed to consider favourably such request in due time.

Counsels:

• Me Fannie Lafontaine (GEDEL/LWBC)
• Me Pascal Paradis (LWBC)

 

Canadian courts

R. v Mungwarere, before the Ontario Superior Court of Justice

The Mungwarere case is the second application of Canada’s 2000 Crimes against Humanity and War Crimes Act and of its universal jurisdiction provisions. Now aged 38, Jacques Mungwarere entered Canada in 2001 and has been residing in Canada as a refugee ever since. He was arrested on November 6th, 2009 by the Royal Canadian Mounted Police (RCMP). He is charged with two counts of genocide and two counts of crimes against humanity, namely for murder and sexual violence. The incidents would have taken place in the region of Kibuye in Rwanda in 1994. The Crown chose to proceed by means of direct indictment pursuant to Section 577 of the Canadian Criminal Code. This procedure allows the Prosecutor to have the accused tried by the court without having to first conduct a preliminary inquiry.

Counsels:

• Me Philippe Larochelle
• Me Christian Desjardins