Gov't , ICTR at odds over joint commission mandate

Rwanda and the United Nations International Criminal Tribunal for Rwanda (ICTR) are at odds over the mandate of a joint commission to investigate allegations of mistreatment of witnesses.

In a statement dated 28 March, the ICTR said it had proposed to the government of Rwanda "out of concern for transparency and fairness, to establish a joint commission to investigate the allegations of mistreatment of witnesses coming from Rwanda, echoed by certain Rwandan authorities and nongovernmental organisations in recent public statements". However, the government of Rwanda had contended that the commission was also intended to investigate allegations that genocide suspects were working within the ICTR.

The ICTR had already denied that allegation, saying that "the recruitment and employment of United Nations staff are governed by rules from which there can be no exception... and that there was no question of expanding the commission's mandate to include matters that are the exclusive responsibility of the [ICTR], which works in close consultation with the United Nations Office of Human Resources Management in New York".

The ICTR stated that it looked forward to a positive response from the Rwandan authorities regarding the establishment of the commission "within the time-limits prescribed, on the basis of the initially proposed terms of reference, solely consisting of the joint investigation of the allegations of mistreatment of witnesses coming from Rwanda".

On completion of its investigation, the commission would submit its findings to the ICTR Registrar and the Rwandan authorities for consideration, the statement said. "Each of the competent authorities will then take the measures required that lie within their powers in order to prevent the repetition of acts of mistreatment, should they be proven to be true, or the dissemination of unfounded allegations that could be injurious to the proper administration of justice as dispensed by the ICTR," the statement noted.

Meanwhile, 10 would-be prosecution witnesses at the ICTR had indicated that they were no longer "willing to cooperate with the Tribunal" and would not be testifying, Hirondelle news agency reported on Thursday. This followed a report last week that two organisations representing survivors of the 1994 genocide had accused 14 investigators for the defence teams of detainees at the ICTR of genocide crimes and/or having family ties with the accused, according to Hirondelle.

The umbrella association of genocide survivors, Ibuka (Kinyarwanda for "remember") and the association of widows of the genocide, Avega, made the claims in a memorandum to the ICTR. Accusing the ICTR of malfunction, the two organisations suspended cooperation with the Tribunal in January.