Author: EDWARD QORRO
AfricaPress-Tanzania: FELICIEN Kabuga’s apparent transfer to Arusha for trial has taken a new twist after the Mechanism for Criminal Tribunals (MICT) amended the Rwandan genocide suspect’s arrest warrant and ordered for transfer to United Nations Detention Unit (UNDU) in The Hague.
Thursday’s verdict by Judge lain Bonomy ruled that Mr Kabuga be transferred to the Netherlands, instead of Arusha over medical reasons.
In his submissions, Judge Bonomy observed that key questions at such stage related to risks associated with inter-continental travel to Aarusha and the Registry’s inability to accurately assess Kabuga’s medical condition at present.
“In relation to the first question, I note that transit from France to Tanzania would involve a journey of more than 11 hours of flight time, including passage through three airports. Transit directly to The Hague is far simpler and more direct, involving several hours by road or an hour in the air. With the second question in mind, the Registrar and the medical staff at both branches require more information to make an informed assessment as to Kabuga’s ability to travel and to be effectively cared for in Arusha, and recommend his transfer to the Hague Branch of the Mechanism for a medical assessment,” he held.
According to Judge Bonomy, the undeniable implication of the submissions by the Registrar on the available medical material is that transfer to The Hague Branch of the Mechanism will pose far less risk to Kabuga than transfer to Arusha.
He further maintained that the Registrar had made clear that neither he nor his medical officers were in a position to provide an informed assessment of Kabuga’s medical condition or its compatibility with transfer to the Arusha Branch.
“A clear measure of deference must be accorded to this considered position. Accordingly, in view of the Registrar’s position, I consider that there are exceptional circumstances and that it would be in the interests of justice to modify the Arrest Warrant and Order for Transfer and to order that Kabuga be transferred temporarily to the UNDU at The Hague Branch of the Mechanism for a detailed medical assessment,” offered Judge Bonomy.
According to the Judge, the Trial Chamber is in close consultation with the Registrar and the parties will set the date and modalities for the initial appearance at the appropriate time following Kabuga ‘s transfer into the custody of the Mechanism.
The MICT has also invited the tribunal’s President, Judge Carmel Agius to modify the Rwandan genocide suspect’s conditions of detention to allow for his detention at the UNadministered jail.In his earlier submissions, Kabuga noted that his transfer to the Arusha Branch of the Mechanism would violate his fundamental rights and would be contrary to the interests of justice.
He argued that his transfer would pose considerable risks to his health and safety due to his advanced age and numerous medical conditions that require comprehensive, multidisciplinary and intensive care, and stresses, in particular, the risks associated with air travel.
He further claimed that his medical conditions rely on a report prepared by a medical expert commissioned by his Defence in late September 2020 and submitted on 1st October 2020 and on a medical certificate issued by the same Defence medical expert on 14 October 2020.
The Genocide suspect also asserted that since his family resides in Europe, his transfer to Arusha would violate his right to family life as reflected in Article 12 of the Universal Declaration of Human Rights and several regional human rights treaties.
