The Security Council, by its Resolution 1966 (2010), established the Mechanism to carry out a number of essential functions of the International Criminal Tribunal for Rwanda and the International Tribunal for the former Yugoslavia. In accordance with its mandate, the Mechanism has assumed responsibility for, inter alia, the enforcement of sentences, administrative review, assignment of cases, review proceedings, appeal proceedings, contempt, requests for revocation of the referral of cases to national jurisdictions, the variation of witness protection measures, access to materials, disclosure, changes in classification of documents and requests for compensation and assignment of counsel. The Selected Ongoing Cases are only a few of the pending judicial proceedings, related to the above-mentioned essential functions, currently before the Mechanism. For information about all proceedings before the Mechanism, see All Mechanism Proceedings.
Selected Ongoing Cases
Jovica Stanišić was the Head of the State Security Service (“DB”) of the Ministry of Internal Affairs of the Republic of Serbia (“MUP”).
Franko Simatović was employed in the Second administration of the DB of the MUP.
Both accused were acquitted of all charges by an ICTY Trial chamber on 30 May 2013.
On 15 December 2015, the ICTY Appeals Chamber ordered that Stanišić and Simatović be retried on all counts of the indictment.
Recent developments: The trial commenced before the Mechanism on 13 June 2017.
On 12 May 1992, Radovan Karadžić was elected as the President of the Presidency of the Serbian Republic of Bosnia and Herzegovina. From 17 December 1992, he was the sole President of Republika Srpska and the Supreme Commander of the armed forces of Republika Srpska.
Sentenced by an ICTY Trial Chamber to 40 years' imprisonment on 24 March 2016.
On 22 July 2016, both parties filed their notices of appeal.
The appeal hearing in the case took place on 23 and 24 April 2018 at the Mechanism's Hague branch.
Recent developments: On 25 September 2018 Karadžid filed a request to disqualify Judge Meron from the case. On 27 September 2018 Judge Meron withdrew from the Karadžid case in the interests of justice, and assigned Judge Ivo Nelson de Caires Batista Rosa to replace him.
On 12 May 1992, Ratko Mladić was appointed Commander of the Main Staff of the army of the Serbian Republic of Bosnia and Herzegovina (“VRS”). He remained in command of the VRS Main Staff until at least 8 November 1996.
Sentenced by an ICTY Trial Chamber to life imprisonment on 22 November 2017.
On 18 December 2017, Ratko Mladić filed a motion seeking an extension of time to file his notice of appeal against the ICTY Trial Judgment.
Recent developments: On 19 December 2017, the President of the Mechanism assigned a bench of five judges to this case before the Appeals Chamber. On 21 December 2017, the pre-appeal judge partly granted the motion for an extension of time and ordered that any notices of appeal in this case be filed within 120 days of the issuance of the ICTY Trial Judgement. On 22 March 2018 both parties filed their notices of appeal.
In July 1990, Ngirabatware was appointed Minister of Planning, a position he retained as part of the Interim Rwandan Government in April 1994. He was also a member of the Préfecture Committee of the National Republican Movement for Democracy and Development (“MRND”) political party in Gisenyi Préfecture, the National Committee of the MRND, and the technical committee of Nyamyumba Commune.
On 20 December 2012, Ngirabatware was sentenced by an ICTR Trial Chamber to 35 years of imprisonment. On 18 December 2014, the Mechanism’s Appeals Chamber reduced Ngirabatware’s sentence to 30 years of imprisonment.
On 19 June 2017, the Appeals Chamber in its full capacity issued a decision granting Ngirabatware’s request for review of the Appeal Judgement.
On 19 December 2017, the Appeals Chamber: (i) granted Peter Robinson’s request to withdraw as Ngirabatware’s counsel; (ii) instructed the Registrar to replace Robinson; and (iii) adjourned the review hearing, previously scheduled for February 2018, until further order of the Appeals Chamber in order to provide the new counsel with adequate time to prepare. On 19 January 2018, the Registrar assigned Diana Ellis and Sam Blom-Cooper as Counsel and Co-Counsel, respectively, to represent Ngirabatware in the review proceedings before the Mechanism.
Recent developments: On 20 April 2018, the Appeals Chamber ordered Ngirabatware and the Prosecution to submit in writing a list of evidence and witnesses, if any, each proposes to introduce at the review hearing by 18 June 2018 and 25 June 2018, respectively.
The review hearing has been adjourned until further order of the Appeals Chamber.
On 24 August 2018, Judge Seon Ki Park confirmed an Indictment dated 5 June 2018 submitted by the Prosecutor, Serge Brammertz, for contempt of court and incitement to commit contempt for Maximilien Turinabo, Anselme Nzabonimpa, Jean de Dieu Ndagijimana, Marie Rose Fatuma, and Dick Prudence Munyeshuli, pursuant to Articles 1(4)(a), 14(1) and 16(4) of the Mechanism’s Statute (Statute) and Rule 90 of the Mechanism’s Rules of Procedure and Evidence (Rules).
Turinabo was, at different stages during the Ngirabatware case before the ICTR (Case No. ICTR-99-54), a Defence contact person in the Gisenyi area.
JEAN DE DIEU NDAGIJIMANA
Ndagijimana was a teacher and school administrator in the Gisenyi area before mid-1994, including at Kiloji and Bwitereke schools.
DICK PRUDENCE MUNYESHULI
Munyeshuli served as a defence investigator on a number of cases before the ICTR and the Mechanism. From approximately August 2015 until January 2018, he was an investigator on the defence team of Augustin Ngirabatware.
Nzabonimpa was the bourgemestre of Kayove Commune, Gisenyi Prefecture, Rwanda, before mid-1994.
MARIE ROSE FATUMA
Fatuma is the widow of Augustin Ngirabatware’s half-brother Édouard Byukusenge, also known as “Cenge”.