Monday, June 8, 2009

Tanzania tipped to host Africa’s criminal court

By CATHERINE RIUNGU
June 8, 2009

Photo: Genocide suspects in Rwanda.

The prison facilities built by the United Nations on the outskirts of Arusha can accommodate 90 inmates. It also has a gym, a library, a dinning hall, medical room and rooms for conjugal visits.
Tanzania is upbeat that it will host Africa’s international criminal court, following last week’s visit by Sang-Hyung Song, the president of the International Criminal Court visited Tanzania.

Mr Sang-Hyung acknowledged Tanzania’s request to host the court after the mandate of the Arusha-based International Criminal Tribunal for Rwanda comes to a close in December.
“We shall consider Arusha for our future operations,” said the ICC president, when Tanzania through its Minister for Justice and Constitutional Affairs Mathias Chikawe offered to host the pending trials when the ICTR shuts down.

“We have UN-standards prison facilities and courts in Arusha,” said Mr Chikawe, adding that they had “very frank and candid talks.”

“The ICC president also held talks with President Jakaya Kikwete and Foreign Minister Bernard Membe, before leaving the country on Tuesday night,” Mr Chikawe said. Mr Sang-Hyung was accompanied by Phakiso Mochochoko, a senior legal advisor at the Hague-based court.

Although it was not clear whether Mr Sang-Hyung’s decision was final, Rwanda, which just a week ago said it had met all conditions set by the United Nations to qualify for a UN prison status is expected to protest because Kigali has always considered itself the natural choice, not only for trying the pending cases after December but also for imprisoning convicts.

The country had applied to be considered to host the Court and try the remaining cases and even imprison those found guilty. But this might not be (see related story), following Mr Sang-Hyung nod to Tanzania’s request.

Rwanda’s argument has always been that the crimes tried in Arusha were committed on its soils therefore justice should be served there.

But the ICTR has several times shot down requests to take high profile cases to Rwanda on the grounds that the country would not accord the accused fair trials.

The United Nations and its partners have spent millions of dollars to build courts and prison facilities in Arusha for the 1994 Rwanda genocide suspects.

The prison facilities, built on the outskirts of the East African Community headquarters, can accommodate 90 inmates. They also have a gym, a library, a dining hall, medical room and rooms for conjugal visits.

The ICTR has constructed four modern court rooms at the Arusha International Conference Centre (AICC) complex in down town Arusha.
The complex offers spacious parking for the judges and senior members of staff and has installed modern communication and information technology, a modest library and a computer centre.

The UN Security Council has directed the ICTR to complete all trials by end of this year and appeals by next year. When the curtain finally falls on the ICTR, the court will be a point of reference for generations to come.

Its mandate was set to end in 2008, but it was granted a one-year extension by the United Nations Security Council to conclude pending cases and establish a continuation programme for outstanding business after December 2009.
Last December, the court delivered what it considers one of its most important judgments — a life sentence for former Rwanda military chief and director of Cabinet Col Theoneste Bagosora, who is believed to have been the chief architect of the genocide.

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