22.10.07 - ICTR/RUKUNDO - A MEMBER OF THE RUKUNDO DEFENCE HAS BEEN IN PRISON FOR THE LAST 4 MONTHS

Arusha, 22 October 2007 (FH) - Representatives of the defence of Emmanuel Rukundo, a priest on trial before the International Criminal Tribunal for Rwanda (ICTR), filed a second motion to try to have recognize the immunity of one of their investigators, Léonidas Nshogoza, imprisoned in Rwanda since 16 June.

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This Rwandan lawyer is accused by his country of a corruption attempt and of having minimized the crime of genocide, it is learned in this motion signed by Aicha Conde and Allision Turner, Rukundo's two lawyers.

Nshogoza had been indicted by the Rwandan authorities after one of the witnesses of Father Rukundo's defence, known as BLP in order to protect his safety, was accused of false testimony. This case led to an investigation in Rwanda, the conclusions led to the dropping of the charges.

Nshogoza's representatives remind in their motion that their investigator was on mission for the United Nations when he was arrested and that he must thus benefit from immunity in accordance with article 29 of the statute of the ICTR. They also ask the tribunal to remind Rwanda of its primacy in regards to law. The proceedings in the Rukundo's trial are about to finish and the lawyers made the point that for lack of an investigator their client did not receive a fair trial.

After the Nshogoza's arrest, a representative of the registry, the department of the tribunal responsible for lawyers, had gone to Kigali to inquire. No information could be obtained on the possible steps taken for his release.

Already a Rwandan lawyer, indicted by Kigali as he worked for defence at the ICTR, Callixte Gakwaya, was obligated to recuse himself from a case and had to go back in a hurry to his country of refuge, Mozambique. He died shortly after.

PB/MM
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