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 testimony of the last Defence witness concluded on 8 October 2020. A total of 29 witnesses were heard in court for the Defence. The parties’ final trial briefs were filed confidentially on 12 and 13 March 2021 and the closing arguments took place on 12, 13, and 14 April 2021.
Ndagijimana, Jean de Dieu
Munyeshuli, Dick Prudence
Fatuma, Marie Rose
On 24 August 2018, Judge Seon Ki Park confirmed an Indictment against Maximilien Turinabo, Anselme Nzabonimpa, Jean de Dieu Ndagijimana, Marie Rose Fatuma, and Dick Prudence Munyeshuli, dated 5 June 2018 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).
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 Statute and Rule 90 of the Rules.
On 10 December 2019, Judge Joensen issued a decision that the Turinabo et al. and Ngirabatware contempt cases would be joined and prosecuted on the basis of the two separate Indictments.
On 22 October 2020, the trial commenced with the Prosecution’s opening statement, and nine Prosecution witnesses were heard between 26 October and 24 November 2020.
On 15 March 2021, the trial continued with the Defence’s opening statement, and six Defence witnesses (including two accused) were heard between 15 March and 9 April 2021. Following the death of accused Maximilien Turinabo on 18 April 2021, the proceedings against him were terminated on 19 April 2021.
Closing arguments were held on 21, 22, and 23 June 2021 and the trial judgement has been scheduled to be pronounced on 25 June 2021.
Félicien Kabuga was the President of the Comité Provisoire of the Fonds de défense nationale (“National Defence Fund”) from about 25 April 1994 to July 1994 and President of the Comité d’Initiative of Radio Television Libre des Milles Collines (“RTLM”) during the time of the crimes pleaded in the indictment.
Recent developments: Kabuga was transferred to the Mechanism’s custody on 26 October 2020. His initial appearance took place on 11 November 2020, during which a plea of not guilty was entered with respect to the charges in the indictment.
On 13 May 2019, Judge Liu Daqun found that the conditions for the referral of the case against Petar Jojić and Vjerica Radeta to the Republic of Serbia were not met and that it was in the interests of justice to revoke the existing referral order. On 24 February 2020, the Appeals Chamber of the Mechanism dismissed the appeal of the Republic of Serbia against Judge Liu’s decision and affirmed the decision.
Recent developments: International arrest warrants and orders for surrender of Petar Jojić and Vjerica Radeta are yet to be executed.
All Mechanism Proceedings
Bicamumpaka, Jérôme| Bizimungu, Casimir| Mugenzi, Justin| Mugiraneza, Prosper
Barayagwiza, Jean-Bosco| Nahimana, Fernand| Ngeze, Hassan
Bizimungu, Augustin| Ndindiliyimana, Augustin| Nzuwonemeye, Francois-Xavier| Sagahutu, Innocent
Ntakirutimana, Gérard | Ntakirutimana, Elizaphan
Kanyabashi, Joseph| Ndayambaje, Elie| Nsabimana, Sylvain| Ntahobali, Arsène Shalom| Nteziryayo, Alphonse| Nyiramasuhuko, Pauline
Fatuma, Marie Rose| Munyeshuli, Dick Prudence | Ndagijimana, Jean de Dieu| Ngirabatware, Augustin | Nzabonimpa, Anselme
Beara, Ljubiša| Borovčanin, Ljubomir| Miletić, Radivoje| Nikolić, Drago| Pandurević, Vinko| Popović, Vujadin
Ćorić, Valentin| Petković, Milivoj| Praljak, Slobodan| Prlić, Jadranko| Pušić, Berislav| Stojić, Bruno