Augustin Ngirabatware Review Hearing Scheduled from 16 to 27 September 2019 - Accreditation Procedure Now Open

The accreditation procedure is now open for those wishing to attend the Review Hearing in the case of Prosecutor v. Augustin Ngirabatware by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (“Mechanism”). The Review Hearing will be held from Monday, 16 September 2019 up until Friday, 27 September 2019, if necessary, at the Arusha branch of the Mechanism.

All media representatives wishing to enter the Mechanism premises during this period must submit an accreditation request to mict-registryarusha [at] un.org by Tuesday, 10 September 2019, at 4:00 p.m. Accreditation requests should include the full name of the media outlet, journalist(s), cameramen and other technicians, as well as passport or ID number.

Accredited media will be notified by email of the status of their accreditation and collection details by Friday, 13 September 2019 at 12:00 p.m.

Due to space limitations, there will be two different types of accreditation provided to journalists: one for access to the Mechanism’s press tent and the public gallery of Courtroom I, and one for access to the press tent only.

Members of the diplomatic corps and members of the public wishing to attend the Review Hearing should send an email to mict-registryarusha [at] un.org, to obtain more information on the procedure to follow and the available space.

Due to limited resources, there will be limited capacity to support any requests made by media representatives during the Review Hearing.

Background

On 20 December 2012, Trial Chamber II of the International Criminal Tribunal for Rwanda convicted Augustin Ngirabatware, former Minister of Planning and member of the Prefecture Committee of the Mouvement Républicain National pour la Démocratie et le Développement political party in Gisenyi Prefecture, of direct and public incitement to commit genocide, based on his speech at a roadblock on the Cyanika-Gisa road in Nyamyumba Commune. The Trial Chamber also found Ngirabatware guilty of instigating and aiding and abetting genocide, based on his role in distributing weapons and his statements at two roadblocks in Nyamyumba Commune on 7 April 1994, and of rape as a crime against humanity. The Trial Chamber sentenced Ngirabatware to 35 years of imprisonment.

On 18 December 2014, the Appeals Chamber of the Mechanism affirmed Ngirabatware’s convictions for genocide and direct and public incitement to commit genocide, while reversing his conviction for rape as a crime against humanity, and reduced his sentence to a term of 30 years of imprisonment.

On 8 July 2016, Ngirabatware filed before the Mechanism a request for review of his convictions, in light of the discovery of a new fact. On 25 July 2016, Judge Theodor Meron, then President of the Mechanism, assigned a bench of the Appeals Chamber composed of Judge Meron (Presiding), Judge Joseph E. Chiondo Masanche, Judge Aydin Sefa Akay, Judge Aminatta Lois Runeni N’gum, and Judge Gberdao Gustave Kam. Judge Lee G. Muthoga was assigned to replace Judge Akay on 23 July 2018, following the UN Secretary General’s decision not to renew Judge Akay’s appointment on the Mechanism’s roster of Judges.

On 19 June 2017, the Appeals Chamber granted Ngirabatware’s request for review of his convictions and determined that a hearing should be held, pursuant to Rule 147 of the Rules of Procedure and Evidence, to allow the parties to provide supporting and rebuttal evidence concerning the new fact.

The Review Hearing, initially scheduled for February 2018, was postponed on two occasions in order to provide Ngirabatware additional time to prepare and review the material disclosed by the Prosecution in the Turinabo et al. contempt case.

The Review Hearing will be held from Monday, 16 September 2019, 9:30 am, up until Friday, 27 September 2019, if necessary, at the Arusha branch of the Mechanism. The Appeals Chamber will hear the presentation of evidence by Ngirabatware, followed by oral submissions from the parties for the purpose of determining whether Ngirabatware has presented sufficient evidence capable of belief to establish the new fact. The Appeals Chamber will then hear, if it considers it necessary, rebuttal evidence from the Prosecution. Each party will present final submissions at the conclusion of the Review Hearing.