Fair Trials
The Divisional Court affirmed the decision of the District Judge on the fair trials issue. from the Government’s expert, Martin Witteveen, which had not been disclosed during the proceedings below. Mr Witteveen, though supportive of extradition to Rwanda, became increasingly concerned about the ability of defence advocates to properly investigate phone number list the case for the defence and to present that case in court. In a confidential memo to a prosecution lawyer at the ICTR he noted:
What looms is a situation where defendants are convicted without [sufficient] evidence and, through strict control and direction by the Ministry, embraced by the judges, capable and experienced defence attorneys are sidelined and replaced by handpicked lawyers who do not have any trust from their clients, are not conducting any credible defence investigation and are cooperative with the court. From the outside it will look consistent with fair trial. In fact it is flawed.
Before dismissing the Government of Rwandan’s appeal the Divisional Court provided a final opportunity to provide renewed assurances to secure the men’s extradition to Rwanda. The Government has indicated that it will not provide the assurances. A formal order dismissing the appeals will be sealed shortly.
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