access to justice for all Rwandans but more so for the indigent 18. The
Government has also continuously provided free legal representation to
vulnerable such as children and other peoples who cannot afford legal
counsel of their choice19.
89. The International Criminal Tribunal for Rwanda (ICTR) and other foreign
courts attested to Rwanda’s truck record of respecting the right to fair trial
before transferring the accused to Rwandan courts for trial of genocide cases.
Transfer of cases at the ICTR, were governed by Rule 11 bis of ICTR Rules of
Procedure and Evidence20 which lays down a number of requirements that a
country requesting a transfer has to fulfil.
90. When determining whether to refer the case in accordance with paragraph
(A) of Rule 11 bis of the ICTR, the Trial Chamber had to satisfy itself that the
accused will receive a fair trial in the courts of the State concerned and that
the death penalty will not be imposed or carried out and this includes the
guarantee of accused right to a fair trial. Rwanda has so far recieved three (3)
cases from the ICTR, namely UWINKINDI Jean, MUNYAGISHARI Bernard
and NTAGANZWA Ladislas. Three cases from other countries namely Dr
MUGESERA Leon from Canada, BANDORA Charles from Norway and
MBARUSHIMANA Emmanuel from Denmark.
91. The government of Rwanda has afforded all the transferred persons from
the foreign jurisdiction with legal assistance, a demonstration of the
Country’s commitment to ensure the right to fair trial. In the The
Prosecution v. Uwinkindi Jean, both the defense and prosecution invoked
the right to fair trial. The accused submitted that he had a right to choose
counsel in his exercise of the right to legal counsel refering to article 14 of the
ICCPR. The Prosecution responded to the accused’s revocation request dated
04/09/2015 by making reference to Article 14(3) (d) of the ICCPR to explain
the extent of an accused person’s right to choose Counsel when the accused is
relying on legal aid. The subsequent decision of the International Crimes
Chamber of the High Court which adjudicated this issue also made reference
to the said Article 14 of the ICCPR.
Article 39 nº 30/2013 of 24/5/2013 Law relating to the code of criminal procedure
Justice for children policy of 2014; Intergated Child Policy 2011
20
ICTR Rules of Procedure and Evidence as amended on 14 March 2008 (hereinafter ICTR Rules of Procedure).
18
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