The Citizen (Dar es Salaam)
23 May 2008
For the first time since the establishment of the International Criminal Tribunal for Rwanda (ICTR) about 14 years ago, the registry has appointed a counsel for Fulgence Kayishema, an accused who is still on the run.
Kayishema, former inspector of judicial police in Kibuye, western Rwanda, is sought by the prosecution for the 1994 killings and is on the list of five genocide accused persons considered for transfer to Rwanda to stand a trial.
According to ICTR spokesperson Roland Amoussouga, the Tanzanian, Jwani Mwaikusa, is a law professor at the University of Dar es Salaam, has been assigned to assist Kayishema.
Prof Mwaikusa was also the lead counsel for Yusuf Munyakazia, a former Rwandan trader and on the "list of five", during the landmark hearing of the prosecutor's transfer motion last month.
Under normal circumstances, the registry was not supposed to appoint a counsel in absence of an accused person, but had to concede in the context of Kayishema following a chamber ruling, which is dealing with accused's transfer to Rwanda.
"The chamber believes that it is in the interest of justice to appoint counsel to represent interests of a defendant in his absence", according the chamber.
Kayishema is accused of genocide and crimes against humanity, states his indictment dated June 10, 2001.
The decision to order the registry to appoint a lawyer for the accused was based on majority ruling by a three-judge bench.
However, Kenyan judge Lee Muthoga gave a dissenting opinion as he considered that the chamber can rule in absence of counsel for the defendant.
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