ICTR Defense Attorney Wanted for Genocide

A dispute is brewing between the Rwandan government and the ICTR over the fact that one of the Tribunal’s appointed defense attorneys is himself on Rwanda’s “most wanted” list of genocide suspects. The attorney, Callixte Gakwaya, is counsel for Yusuf Munyakazi, a former businessman who is accused of committing genocide and crimes against humanity in Cyangugu and neighbouring Kibuye in 1994. The Rwandan government’s representative to the ICTR, Aloys Mutabingwa, claims ignorance of how Gakwaya’s ended up employed by the Tribunal:

“We are surprised because the ICTR was aware that there was a warrant of arrest for Gakwaya, but went ahead and employed him,” said Mutabingwa.

“Since he is not on their list of suspects, they should arrest him and hand him over to us,” he said. The tribunal is still pursuing 19 people on charges relating to the 1994 genocide.

“I hope this does not become an issue between us and the tribunal. It is in its interest to cooperate with us by giving us suspects who are not on its list,” he continued. “Gakwaya not being on the tribunal’s list does not mean he is innocent.”

The Tribunal acknowledges that it appointed Gakwaya to defend Munyakazi. But it places the blame for his appointment squarely on the Rwandan government, which it claims failed to respond to repeated requests for information about Gakwaya’s background:

The tribunal’s acting deputy registrar Everard O’Donnell said that the ICTR had been asking the Kigali Government since May 7 2001 to provide clearance for Gakwaya in vain… “I do not feel able to take any action in respect of his appointment in the absence of sensible information from the Rwandan government,” said O’Donnell, adding “it is important to note in passing that the Interpol list [with no file number attached to it] is no more than a reflection of the Rwandan government’s unsupported belief that he is a genocidaire.”

The ICTR official listed more than five occasions when the Tribunal had sought information on clearance of Gakwaya from the Rwandan Government but it was not forthcoming.

[snip]

O’Donnell said he had met Mutabingwa on February 16th 2006 and informed him of Gakwaya’s appointment, which is conditional on the outcome of the ongoing security clearance request, still with Rwandese authorities.

Mutabingwa, he said, agreed that Gakwaya, now based in Mozambique, could be appointed on a conditional basis.

“He (Gakwaya) has had one work programme and just visited the accused. If the Rwandan Government supplies us now with proper information we will look into the matter,” stated the acting Deputy Registrar.

Regardless of which side is correct, Gakawaya’s appointment is a major embarrassment for the ICTR. This is not the first time persons associated with the Tribunal have allegedly been involved in criminal activities; a number of defense investigators have been charged with genocide and various crimes against humanity. Indeed, the Tribunal’s own “About” web-page says that “allegations that some defence investigators might be too closely related to accused persons, or involved in the events in Rwanda in 1994, have led the Registry to tighten the security before hiring investigators. A background security check is carried out before appointment.”

An excellent Legal Affairs article about the problems the ICTR has faced in Rwanda distinguishing criminals from victims can be found here.