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. The Prosecution case was closed on 21 February 2019. A total of 51 witnesses were heard in court for the Prosecution. On 9 April 2019, the Trial Chamber issued an oral decision pursuant to Rule 121 of the Mechanism’s Rules of Procedure and Evidence and dismissed the motion for acquittal filed by the Defence team for Franko Simatović. The Defence case commenced on 18 June 2019 with the presentation of an opening statement by the Defence team for Jovica Stanišić.
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.
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. Following a further extension of time granted on 22 May 2018 for the filing of the appellant’s and respondent’s briefs, the parties filed confidentially their respective appellant’s briefs on 6 August 2018. On 7 August 2018 and 11 September 2018, respectively, the Prosecution and Mladić filed the public redacted versions of their appellants’ briefs.
On 18 June 2018, Mladić requested the disqualification of Judges Meron, Agius, and Liu from the appeals bench in this case on the basis of actual or apparent bias. On 20 June 2018, the President of the Mechanism referred the matter to Judge Jean-Claude Antonetti. On 3 September 2018, Judge Antonetti upheld Mladić’s requests and, on 4 September 2018, assigned Judges Mparany Mamy Richard Rajohnson, Gberdao Gustave Kam, and Elizabeth Ibanda-Nahamya to replace Judges Meron, Agius, and Liu on the appeals bench in this case. On 12 September 2018, Judge Rajohnson requested to withdraw from the bench in this case and, 16 September 2018, he was replaced with Judge Aminatta Lois Runeni N’gum.
On 12 September 2018, after Judge Nyambe’s election as the Presiding Judge in this case, she was designated as the Pre-Appeal Judge. On 14 November 2018, both parties filed their respective response briefs and on 29 November 2018, their respective reply briefs.
On 10 October 2019, Judge Vagn Joensen confirmed an Indictment against Augustin Ngirabatware, dated 9 August 2019 and submitted by Prosecutor Serge Brammertz, for contempt of court and incitement to commit contempt, pursuant to Article 1(4)(a) of the Mechanism’s Statute (“Statute”) and Rule 90 of the Mechanism’s Rules of Procedure and Evidence (“Rules”).
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.
In accordance with Article 1(4)(a) of the Statute and Rule 90 of the Rules, the Mechanism has the competence to conduct investigations, trials, and appeals in cases of contempt of court arising out of Mechanism, ICTR or ICTY proceedings. Those who knowingly and willfully interfere with the administration of justice, or incite or attempt to commit any of the acts punishable as contempt of the Mechanism, the ICTY or the ICTR, can be held in contempt.
The Indictment against Augustin Ngirabatware charges two counts of contempt of the ICTR and the Mechanism and one count of incitement to commit contempt of the ICTR and the Mechanism. Judge Vagn Joensen confirmed the Indictment in the Decision on Confirmation of Indictment on 10 October 2019, and the Prosecution filed a public version of the Indictment on the same day.
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”.