Sumario: November 26, 2001: International Criminal Tribunal Rwanda. Report of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States between 1 January and 31 December 1994. Statement on behalf of the European Union by M. Evert MARECHAL, Permanent Representation of Belgium to the United Nations (New York)
Mr. President,
I am honored to speak on behalf of the European Union. The countries of Central and Eastern Europe associated with the European Union, Bulgaria, Estonia, Hungary, Latvia, Lithuania, the Czech Republic, Poland, Romania, Slovakia and Slovenia as well as the associated countries of Cyprus, Malta and Turkey align themselves with this statement.
The International Criminal Tribunal for Rwanda, like that set up for the former Yugoslavia, continues to ensure that there is no escaping international criminal justice. In judgment after judgment it hammers home the message that monstrous crimes against humanitarian international law and in particular the crime of genocide will not go unpunished, wherever they are committed. The 1994 atrocities in Rwanda constitute one of the darkest periods in the history of humanity. The key task of the
Tribunal is the fight to see that this is not forgotten and that justice is done in a way which will, we are convinced, help produce the national reconciliation that Rwanda vitally needs. The Union continues to give its fullest support to the Tribunal's efforts to that end.
The European Union thanks the President of the Tribunal for her very detailed annual report. The report rightly emphasizes the progress, which has been made in the period under consideration.
As you know, the Tribunal's beginnings were far from easy. It encountered numerous difficulties arising from a variety of both internal and external causes. The Union has in the past expressed its concern at this situation, which, despite sizeable financial resources, has led to long delays in procedures. This undermines not only the right of those accused to a trial within a reasonable period, but also the legitimate desire of Rwanda and the international community to see justice done.
In the period under consideration, from July 2000 to June 2001, only one judgment was delivered at first instance and this is clearly insufficient. The Union however is glad to see that six other trials are under way, involving 15 persons in all. It would point out that for the first time all three courtrooms have been used simultaneously for proceedings. That is a sign of progress, which it is absolutely essential to maintain in the coming year.
The European Union also congratulates the judges for amending the rules of procedure and evidence in response to the Group of Experts' recommendations in order to speed up procedures. It urges the Tribunal to continue its efforts to constantly improve its working methods in the light of experience acquired both at the trial stage and at the often crucial stage prior to proceedings.
Regarding the administration of the Tribunal, the Union has high hopes of the new Registrar and the new Director of Administration. It has carefully noted the progress already achieved and hopes that concrete improvements will continue to be made during the coming year. It invites the Tribunal to follow the example of the Tribunal for the former Yugoslavia and set up a coordinating council and a management committee in order to improve the management of the Tribunal and the cohesiveness of its
various elements.
The Union particularly welcomes the efforts under way to rationalize legal assistance for those of the accused who are destitute. It is pleased to note that, following the recommendations in the Office of Internal Oversight Services' enquiry report on the sharing of fees between defense counsels and prisoners who are destitute, measures have been taken to reduce the risk of abuse. The Union would like the Tribunal to continue to monitor this matter carefully.
We also support the efforts initiated by the Prosecutor to reorganize her department. As indicated in the report, it is important to speed up investigations and above all improve the quality of trial preparation in order to avoid problems, which unduly delay the progress of proceedings.
The Union would also thank the Prosecutor for her planned investigation programme for the next few years. It appears to be a particularly ambitious programme. The Union is somewhat concerned to see that such a programme would increase the burden on the Tribunal to such an extent that it could not complete these trials before 2023, which as the report quite rightly indicates is unacceptable. The President has therefore submitted a proposal for setting up a team of judges ad litem. It is up to
the Security Council to decide on this proposal. Pending this decision, the Union wishes to stress the importance of making full use of the considerable resources already available to the Tribunal. Moreover, it would strongly emphasize that investigations must be primarily focused on those bearing most responsibility for the genocide, in particular its initiation and planning.
The cooperation of States with the Tribunal for Rwanda has generally been excellent, particularly in Africa. The European Union would encourage all the countries concerned to continue along these lines.
The Union very much appreciates the fact that three countries have already concluded an agreement with the Tribunal on enforcement of sentences and hopes that others will follow suit.
Finally, the European Union attaches great importance to the Tribunal's programme of information on its brief and activities, intended in particular for the Rwandan population. This is something, which is absolutely vital if the objective of national reconciliation pursued by the Tribunal is to succeed.
Mr. President,
The International Criminal Tribunal for Rwanda is showing encouraging signs of a resurgence of activity. It is our sincere hope that the various measures taken will give a considerable boost to its work and that this will be shown in the next annual report with figures to support it.
We thank all members of the Tribunal for so resolutely pursuing this objective. Their action to further the causes of justice, peace and national reconciliation is essential. Their pioneering work is paving the way for the establishment of the International Criminal Court in the very near future. They may rest assured of our wholehearted support.
Thank you.
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