STATEMENT AND APPEAL FROM DEFENCE LAWYERS CURRENTLY PRACTISING AT THE ICTR.

We, the undersigned, members of Defence teams of persons accused before the International Criminal Tribunal for Rwanda (ICTR):

- deeply troubled by the announcement of Professor Peter Erlinder’s arrest and his continued detention in Kigali, which occurred in the context of his activities guaranteeing the rights of the Defence;

- concerned by information received regarding the accusations being laid against him and regarding the manner in which the prosecution case is being created in an attempt to support these allegations;

- worried for Professor Erlinder’s physical and moral integrity, given the information coming from the Rwandan judicial authorities themselves;

- concerned by the statements made on 2 June 2010 on behalf of the Tribunal, which will only be interpreted by the Rwandan judicial authorities as an encouragement to create a case against Professor Erlinder which excludes any allegations that are directly connected with the Tribunal;

- convinced that, whatever the pretexts thus far invoked or added by the Rwandan authorities in its attempt to justify the attack on, and circumvention of, the Tribunal’s guarantees of immunity owed to him, Peter Erlinder’s arrest is directly and indivisibly linked to the exercise of his assignment and mandate before the ICTR and with his involvement in an active and uncompromising Defence designed to arrive at the truth;

- recalling our ever-increasing concerns and our prior warnings with regard to the criminalization of the safeguarding of the rights of the Defence whereby anyone who is involved in the defence of an accused person - be they counsel, investigator, assistant or Defence witness - runs the same risks and is exposed to the same threats of being criminally categorized as a “negationist” as defined in Rwandan legislation;

- noting that Peter Erlinder’s continued detention, or any other form of restrictions on his freedom of movement, and his continued prosecution seriously compromises our missions by undermining our independence and by preventing the carrying out of our duties, up to and including the calling of witnesses without any fear of their suffering reprisals, hereby request that the President and the Registrar of the ICTR, the General Secretary of the United Nations Security Counsel, the President of the United Nations General Assembly, and the High Commissioner for Human Rights, each exercise their respective powers to obtain from the Rwandan authorities:

- the immediate release of Peter Erlinder, the lifting of all restrictions on his freedom of movement, and the withdrawal of all charges against him, since they are indivisibly linked to his carrying out of his duties for the Defence;

- a commitment to guarantee the immunity of every person engaged in seeking the truth before any international or domestic jurisdiction;

- compliance with their obligation to cooperate with the ICTR, which necessarily involves respect for the rights of the Defence, essential in the administration of justice and in guaranteeing the right to a fair trial.

Noting the impossibility of continuing with our missions so long as Peter Erlinder – as well as the rights of the Defence – are held hostage in such a way, and noting that this situation is inconsistent with the right of all accused persons to a fair trial, inherent in which is the right to a free and independent Defence;

Aware of the dangers which immediately and directly threaten most of our number, and which are evidenced by the fate of Peter Erlinder;

We hereby resolve to postpone all activities, other than those which strictly conserve the interests of our mandates, until such time as the minimum conditions for the normal exercise of our missions have been restored by the removal of threats to them, and by a solemn proclamation of the inalienable and inviolable rights of the Defence.

We call on our professional bodies, on international human rights organizations, on states, on international governmental and non-governmental organizations, and on the public opinion of the world, to engage urgently and on a large scale with the Rwandan authorities in support of these demands dictated by universally recognised principles.

45 signatories (on 2010-06-17):

Mes Bergevin, Black, Boule, Bwo'Onamwa, Cantier, Conde, Constant, Courcelle-Labrousse, Diabira Boubou, Diabira Maroufa, Diagne, Dimitri, Doumbia, Edwards, Gaden, Guisse, Herbert, Hinds, Hounkpatin, Jacobs, Le Fraper du Hellen, Lurquin, Lyons, Marcil, Momo, Mwaikusa, Nekuie, Nimy, Normand Marquis, Ogetto, Pacere, Perras, Philpot, Poulain, Poupart, Segatwa, Sindayigaya, Taku, Turner, Vercken, Weyl, with support from Mes Altit, Flamme, Jolles, Tremblay