On Sat night, Dan, Tonja and I hosted a very memorable intern party at our place.
posted by Roman at 2:18 pm
|
3 comments
Despite only having three weeks left at the Tribunal, last week I moved house. I got fed up with sinks with no drainage pipes, slugs falling on my head, no glass on my window etc... and now I live in the Onsea House palace!!
posted by Roman at 4:43 pm
|
0 comments
Here is an incident that happened the other day that made me chuckle. I was working late at the Tribunal and was driven home by this taxi driver (local Tanzanian guy). Taxi drivers love talking (provided they speak English)... but with this driver, we were discussing my work at the tribunal and what happened in Rwanda. I was telling him how much I love Tanzania because here it doesn't matter which tribe or ethnic group you belong to, you're all Tanzanian! He loved it and of course agreed enthusiastically. He was saying how it doesn't matter who you are, whether you're Mzunugu (white man), Tanzanian, or of a particular tribe, they're all the same and loved by God! After about a minute, he said 'Oh but Kenyans, we don't like them!'
posted by Roman at 5:03 pm
|
1 comments
Today I sat in court to hear the five appellate level judges issue their judgement on Semanza. This guy had done some terrible things in Rwanda. What made it interesting was that the Chamber rejected all the defence appeals, but granted a few of the prosecution appeals, which resulted in an extra 10 years being added to his sentence! So instead of being out of jail at 60, he'll probably die in prison now!
It was also amazing to see some of these high ranking judges in the flesh, because I have read many of their judgements in the past and now I can put a face to the name! The most recognisable names for me were Judges Meron and Shahabudeen, whose dissents are very interesting to read!
Anyways, this is what the ICTR Press had to say about the affair.
ICTR Appeals Chamber Increases Semanza Sentence From 25 to 35 Years in Prison
The Appeals Chamber of the International Criminal Tribunal for Rwanda, today, affirmed the conviction of Laurent Semanza on genocide charges and increased his sentence by 10 years for ordering the murder, torture and rape of Tutsi civilians at a church during the 1994 Rwandan genocide.
Semanza entered an appeal on 22 grounds against his conviction by Trial Chamber III on 15 May 2003 for complicity to commit genocide, extermination, torture and murder as crimes against humanity. The Appeals Chamber dismissed Semanza’s argument that he should be acquitted of all charges because the Trial Chamber was biased against him.
Instead, the Appeals Chamber accepted the Prosecutor’s argument and convicted Semanza of ordering, rather than aiding and abetting, the massacre of Tutsis at Musha church. Because Semanza had more serious culpability for the crimes at the church, the Appeals Chamber increased from 15 to 25 years, his sentence for conviction on Counts 7 and 13 of the indictment.
The Appeals Chamber also reversed the Trial Chamber’s acquittal on the charges of serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions.
Under today’s appeals judgment, Semanza will serve 35 years in prison with credit for time already spent in custody. The Trial Chamber had sentenced Semanza to 25 years’ imprisonment with a reduction of 6 months because of violations of his rights that occurred while in detention prior to his transfer to the ICTR.
Laurent Semanza was born in 1944 in Musasa commune, Kigali rural prefecture. Prior to becoming President of the greater Kigali branch of the MRND political party in 1993, he served as Bourgmestre of Bicumbi commune.
The appeal was before Judges Theodor Meron (United States of America), Presiding, Mohamed Shahabuddeen (Guyana), Mehmet Gûney (Turkey), Fausto Pocar (Italy) and Inés Mónica Weinberg de Roca (Argentina).
The Appeals Chamber also sat for two days from Wednesday 18 May 2005 to hear the merits in the appeal case of Jean de Dieu Kamuhanda, former Minister of Culture and Education, during which two defence witnesses and two for the prosecution testified.
posted by Roman at 4:37 pm
|
0 comments
Well I have one month left at the ICTR! Its amazing how quickly the time has gone. It will be a busy month though. The last few weeks have been intense. I've had to work 7 days a week for a while because the annoying defence lawyer keeps filing useless motions... But I guess its ok because thanks to him, I've been able to refine my legal skills and improve my drafting ability. Thanks Mr Defence Lawyer!!
posted by Roman at 3:39 pm
|
0 comments
I just received an email from my cousins Negin and Hooman Reyhani in Ireland that I made a brief appearance on Irish television while sitting in the Courtroom during Muhimana's sentencing!
The report is available online. To see it, either click on this link: http://dynamic.rte.ie/av/2042098.smil
or, follow the two steps below.
1. copy this link below into your web browser
http://www.rte.ie/news/2005/0503/6news.html
2. then click on the link saying: International Criminal Tribunal in Rwanda Delivers Verdict
NOTE: you will need probably need Real Player to watch it.
posted by Roman at 4:27 pm
|
0 comments
I was privileged to be present during the sentencing of Muhimana. The heinous butchery this man committed is very difficult to comprehend. To have been sitting less than 3 metres behind him still gives me the chills! I feel quite privileged to have witnessed this as there have been less than 20 such sessions at the ICTR.
This is what the ICTR Press had to say on the verdict and sentencing:
Arusha, 28 April 2005
Tribunal Sentences Muhimana to Life Imprisonment
ICTR PRESS - The International Criminal Tribunal for Rwanda, today sentenced Mikaeli Muhimana to imprisonment for the remainder of his life after finding him guilty of genocide and crimes against humanity. Trial Chamber III found Muhimana, a former Conseiller of Gishyita Sector in Kibuye Prefecture, guilty on three counts: genocide, rape as a crime against humanity and murder as a crime against humanity.
The Chamber dismissed Count 2, complicity in genocide, that was included in the four-count indictment which was amended on 21 January 2004.
In handing down the maximum sentence, the Chamber considered the many aggravating circumstances of his crimes including the fact that Muhimana participated in attacks against Tutsi civilians who had sought refuge in churches and a hospital, traditionally regarded as places of sanctuary and safety.
The Chamber found Muhimana guilty of murdering several Tutsi civilians, including a pregnant woman who he disemboweled so that he could see what the foetus looks like in its mother’s womb. He then used a machete to cut the woman from her breasts down to her genitals and removed the baby who cried for some time before dying. After disemboweling the woman, the assailants accompanying Muhimana then cut off her arms and stuck sharpened sticks into them.
Muhimana was charged with the mobilization of assailants and the distribution of guns and grenades between 14 and 15 April 1994. The Prosecution charged that in June 1994, the accused lured Tutsi civilians out of their hiding places in Kibuye prefecture, with the promise of medication. However, instead of humanitarian aid, the accused brought armed assailants, who attacked the Tutsi civilians, killing more than two thousand.
The Chamber found that Muhimana’s active participation in the decapitation of Assiel Kabanda, and the subsequent public display of his severed head also constituted an aggravating factor. Muhimana was found criminally liable for committing and abetting rapes as part of a widespread and systematic attack against the Tutsi civilian population. He personally raped several Tutsi women in his home and at other locations. He also raped a girl whom he believed to be Tutsi, and apologized to her when he later found out that she was Hutu.
Born in 1961, Muhimana was a businessman before he was appointed counseiller of Gishyita sector in 1990. He was arrested on November 8 1999 in Dar es Salaam, Tanzania and transferred to the UN Detention Facility in Arusha. The trial started on 29 March 2004. In the course of 34 trial days, the Chamber heard 52 witnesses, 19 for the Prosecution and 33 for the Accused.
Trial Chamber III is composed of Judge Khalida Rashid Khan of Pakistan (presiding), Judge Lee Gaciuga Muthoga of Kenya and Judge Emile Francis Short of Ghana. The Prosecution was conducted by Charles Philips Adeogun, Wallace Kapaya and Peter Tafah. Muhimana was represented by James Nyabirungu Mwene Songa and Kazadi Kabimba both from the Democratic Republic of Congo.
The conviction of the Muhimana brings the number of accused whose trials have been completed to 25. The Tribunal has found 22 accused guilty and has acquitted three.
posted by Roman at 4:20 pm
|
1 comments
