On Thursday, October 9th, the Appeals Chamber of the International Criminal Tribunal for Rwanda dismissed an appeal brought by the Prosecutor of the Trial Chamber's decision not to refer Munyakazi’s case to Rwanda. The Trial Chamber's decision, which was rendered this past May, was based on two considerations: (1) concern that the possible Rwandan sentence of life imprisonment in isolation did not comport with international human rights standards; and (2) "serious concern" about the fair trial rights of the defendant in Rwandan courts, particularly the independence of the judiciary and the availability and protection of defence witnesses. In its judgment (judgment here; press release here), the Appeals Chamber concluded that the Rwandan courts were sufficiently independent, but it dismissed all remaining grounds of appeal. Consequently, the Trial Chamber's decision was upheld.
Tuesday, October 14, 2008
ICTR: Appeals Chamber Upholds Trial Chamber Decision Not to Refer Munyakazi’s Case to Rwanda
On Thursday, October 9th, the Appeals Chamber of the International Criminal Tribunal for Rwanda dismissed an appeal brought by the Prosecutor of the Trial Chamber's decision not to refer Munyakazi’s case to Rwanda. The Trial Chamber's decision, which was rendered this past May, was based on two considerations: (1) concern that the possible Rwandan sentence of life imprisonment in isolation did not comport with international human rights standards; and (2) "serious concern" about the fair trial rights of the defendant in Rwandan courts, particularly the independence of the judiciary and the availability and protection of defence witnesses. In its judgment (judgment here; press release here), the Appeals Chamber concluded that the Rwandan courts were sufficiently independent, but it dismissed all remaining grounds of appeal. Consequently, the Trial Chamber's decision was upheld.
