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http://www.nationalpost.com/news/world/story.html?f=/stories/20010608/586108.html


June 8, 2001


UN team blasted over Rwandan verdict
War crimes chief says prosecutors handled case badly
as suspect acquitted


Steven Edwards
National Post
UNITED NATIONS - The UN's chief war crimes prosecutor
criticized her own team as incompetent yesterday after
a Rwandan genocide suspect was acquitted of
involvement in the massacres.

Carla Del Ponte said through her spokeswoman she was
confident her office had gathered sufficient evidence
to convict Ignace Bagilishema, a former Rwanda mayor
charged with genocide, crimes against humanity and war
crimes during the 1994 mass slaughter of Tutsis in the
central African country.

But she felt it had been presented badly, leading to a
majority decision by the three judges who sit in lieu
of a jury to acquit him on all seven counts.

Mrs. Del Ponte said the loss of the case justified her
moves to purge her office of prosecutors she considers
weak.

Mr. Bagilishema, 46, who has spent two years and five
months in jail, did not walk free, however. The judges
granted the prosecution's request to retain him in
custody pending the outcome of an appeal.

Jane Adong, the lead prosecutor in the case, is among
seven prosecutors who, according to private documents
uncovered by the National Post last month, are being
released as their contracts expire.

Sources say Ms. Adong, who is from Tanzania, is
fighting Mrs. Del Ponte's bid to oust her.

The trial of Mr. Bagilishema took placed in Arusha,
Tanzania, seat of the International Criminal Tribunal
for Rwanda (ICTR), which the UN created to prosecute
the architects of the genocide. Eight have so far been
convicted, and about 40 remain to be tried.
Yesterday's ruling was the first "not guilty" verdict.

"We are confident of the evidence we have," said
Florence Hartmann on behalf of Mrs. Del Ponte
yesterday. "But we know it was presented badly in
court. Mrs. Del Ponte is aware that the evidence was
not presented by the trial teams as well as it could
have been.

"As you know, the contract of the senior trial
attorney was not renewed. The prosecutor has said on
many occasions that some of the prosecutors are weak,
and she has taken steps to correct this."

Mrs. Del Ponte succeeded Louise Arbour, a justice with
the Supreme Court of Canada, in 1999 as chief
prosecutor of the ICTR and the International Criminal
Tribunal for the former Yugoslavia.

In a 341-page judgment for Mr. Bagilishema, the
presiding judge, Judge Erik Mose of Norway, writes of
the "paucity" of the prosecution evidence and
describes prosecution witnesses as contradictory and
unreliable.

The prosecution had argued that as mayor of Mabanza in
western Rwanda in 1994, Mr. Bagilishema was directly
involved in the genocide and was responsible for acts
of his subordinates.

The surrounding area saw 45,000 killed -- 22,000
Tutsis died at a Catholic church and football stadium
alone. At least 800,000 died nationally during a
three-month orgy of violence.

Prosecution witnesses failed to place Mr. Bagilishema
at the scene of several of the massacres, the judges
found.

The judges ruled Mr. Bagilishema should remain in
custody despite a claim by his lawyer, Fran�ois Roux,
that "freedom is the norm, detention is the exception"
while a case is under appeal.

Mr. Bagilishema showed little emotion as he learned
the judges had acquitted him unanimously on three
charges and by majority on the others.

Judge Mehmet Guney, of Turkey, found there had been
sufficient evidence to convict Mr. Bagilishema on
complicity in genocide and three charges of crimes
against humanity.



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