Hirondelle News Agency (Lausanne)
30 December 2011
Arusha — The Duty Counsel for Felicien Kabuga, the most wanted genocide fugitive, has requested the International Criminal Tribunal for Rwanda (ICTR) to allow fielding Defence witnesses in the special deposition hearing proceedings.
Kabuga is accused of 11 counts, including conspiracy to commit genocide, genocide, complicity in genocide and direct and public incitement to commit genocide. His special deposition hearing proceedings commenced on May 23, 2011 and Prosecution concluded presentation of its witnesses on October 28, 2011.
“We filed an application on December 15, [2011] requesting presentation of our witnesses in the special deposition hearing but have not yet received any response. May be its due to the current holidays,” Kabuga’s duty counsel Bahame Nyanduga told Hirondelle News Agency over the phone from Dar es Salaam. He declined to give further details.
The rule 71 bison special deposition hearings has no specific provision for defence to call witnesses.
The ruling of the Chamber will set a precedent for two similar, pending proceedings before the ICTR.
One of the proceedings, which was started on October 24, 2011, involves the former Commander of the Presidential Guard, Major Protais Mpiranya. The other, so far limited to only four days in November 2011, concerns the ex-Rwandan Minister of Defence, Augustin Bizimana.
Mpiranya is charged with conspiracy to commit genocide, genocide or complicity in genocide, crimes against humanity and war crimes.Bizimana is facing charges of conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity and war crimes.
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