International Humanitarian Law Institute
NEWS ADVISORY
4/28/2011
Contact:
Dr. Christine Schoettler, PhD. (fr) cschoettler@comcast.net
Andrea Palumbo, JD. (eng) andrea.m.palumbo@gmail.com
St. Paul, MN - A 4-hour ICTR Appeal Chamber hearing will complete the 8-year case against Maj. Aloys Ntabakuze, who was acquitted of conspiracy to commit genocide and all incidents but four, which were committed by others and as the Prosecutor concedes he was not told about before or after the crimes. Ntabakuze's Lead Counsel, Peter Erlinder, was sanctioned by the Chamber on April 21. Statements reported by ICTR spokesperson on April 27 have not been factually accurate. These are the facts in the Appeal Chamber record:
. Dec. 17, 2010 - Notice that threats to Counsel and Co-counsel's life
by the Rwandan government created a conflict with the client's interests
provided in Motion for Stay of Proceedings;
. Feb. 1, 2011 - Notice that Co-counsel Andre Tremblay sought to withdraw
for fear for his own safety, U.S. bar rules permit waiver, Quebec bar rules
do not;
. Feb. 13 - Notice of Tremblay's road accident prevents appearance at
March 31 Arusha hearing;
. Feb. 22 - Request for Replacement Co-counsel and Motion for Video
Appearance because of Counsel's safety concerns;
. March 15 - Replacement Co-counsel and video appearance requests both denied: Erlinder's PTSD symptoms related to his detention in Rwanda become increasingly acute;
. March 15-25 - ICTR refuses to provide security/No assurances from
Rwanda re: security or arrest;
. March 25 - Erlinder provides Chamber with confidential medical
report confirming PTSD medical emergency;
. March 31 - Waiver of Presence of Counsel filed in Appeal Chamber;
NO HEARING DELAY REQUESTED.
. April 15 - Erlinder requests to complete the 4-hour hearing by
video or at The Hague, as is common at the ICTR, sometime after May 1 or
Tremblay can complete the hearing sometime after June 1 in Arusha.
Rwanda's RPF government seized Erlinder in May 2010 and threatened to
imprison him for life for writing critical articles, based on ICTR evidence
that acquitted his client of conspiracy to commit genocide. He was released
for medical reasons in June after personal appeals by Hillary Clinton and an
international campaign. The Rwandan government claimed he was "suicidal
from guilt." In October 2010, the same month the UN issued the 600 pp.
Mapping Report that documents RPF Genocide, War Crimes and Crimes Against
Humanity between 1993-2003, Rwanda's President Kagame issued "dead or alive"
orders for Erlinder's return to Rwanda. He has been threatened with INTERPOL
arrest warrants continuously since his release and harassed at U.S. law
school speaking events by Rwandan agents.
According to Erlinder, "Evidence of RPF culpability is no secret. former ICTR
Prosecutor Carl Del Ponte's 2009 memoirs, "Madame Prosecutor," and UN
documents in the Military-1 Trial confirm that the assassinations of the
Presidents of Rwanda and Burundi; the military superiority of the RPF; and
Kagame's refusal to use that superiority to stop the civilian killings,
played a major role in the genocide."
"But, by sanctioning me, the Appeal Chamber has revealed more about the
duplicity of the Tribunal than my conduct as counsel. History will judge
whether a completely one-sided Tribunal, now obviously complicit in cover-
up massive RPF crimes that are being exposed daily, or my role in exposing
that Tribunal for what it is, a sham, reflects the "highest standards of
the profession" to which I ascribe."
"History, and my profession, will absolve me rather than the ICTR Appeal
Chamber's manipulation of the facts. With the evidence now before it, the
Appeal Chamber has reason to be ashamed of its professionalism, not me."
29 April, 2011
28 April, 2011
ICTR Defense Attorney Sanctioned by Court Despite Documented Medical Symptoms Resulting From Rwandan Detention.
NEWS ADVISORY
4/27/2011
Defense Attorney Sanctioned Despite Documented Medical Symptoms Resulting From Rwanda Detention: Consistent with the International Criminal Tribunal for Rwanda (ICTR) Cover-up of Rwandan Patriotic Front (RPF) Crimes.
Contacts:
Dr. Christine Schoettler, PhD. (fr) cschoettler@comcast.net
Andrea Palumbo, JD. (eng) andrea.m.palumbo@gmail.com
St. Paul, MN - A 4-hour Appeals Chamber hearing will complete the 8-year case against Maj. Aloys Ntabakuze, who was acquitted of conspiracy to commit genocide and all incidents but four that the Prosecutor admits he was not told about. His appeal case was separated from former co-defendents in the Military-I Trial, Col. Bagosora and Col. Nsengiyumva, on March 31, 2011.
Ntabakuze's Lead Counsel, Peter Erlinder, was sanctioned by the Appeals Chamber on April 21, 2011, after it received: (1) medical verification that, after March 15, Erlinder was experiencing acute medical symptoms directly related to his detention in Rwanda that prevents his travel to Arusha; (2) Erlinder's request to complete the 4-hour hearing by videoconference or at The Hague, as is common procedure at the ICTR; (3) to permit his Co-counsel, who had been ill, to argue the case in Arusha this June.
Rwanda's government imprisoned Erlinder in May 2010 for writing articles critical of the RPF based on ICTR evidence and threatened him with life in prison. He was released for medical reasons in June after personal appeals by Secretary of State Hillary Clinton and an international advocacy campaign. In October 2010, "dead or alive" orders for Erlinder's return to Rwanda allegedly went out from Rwanda's President Paul Kagame. Erlinder has been threatened with INTERPOL arrest continuously and has also been threatened at his U.S. speaking engagements by Rwandan
Ambassadors and agents in February 2011.
In December 2010, Erlinder requested the Appeals Chamber suspend its proceedings against Ntbabakuze in light of: conflict-of-interest created by Rwandan threats against defense counsel; the 600-pg United Nations report released in October 2010 detailing RPF crimes in the Congo during 1993-2003; and former ICTR Chief Prosecutor Carla Del Ponte's revelations.
The ICTR offered no security in Arusha. Rwanda gave no assurances it would
respect UN immunity for ICTR lawyers. When the Chamber rejected Erlinder's appearance by videoconference request on March 15, his medical symptoms returned. The Chamber was informed on March 25, 2011, that Erlinder had suffered a relapse of his acute medical symptoms arising from his detention and the pressure of the impending risk to his life. Prior to March 31, Erlinder: (1) requested to appear by videoconference for the 4-hour hearing; (2) requested a substitute co-counsel not facing any threats; (3) on March 31, Ntabakuze waived the presence of Counsel and was prepared to proceed pro se. All of these requests are in public documents and no hearing delay was requested. (Editor: The documents were provided to me and are available upon request.)
According to Prof. Erlinder, "Imposing sanctions in most jurisdictions takes place only after a notice and a hearing based on facts produced before the court. The Appeal Chamber decided on another method for its own reasons, but it is not grounded in simple fairness. But by sanctioning me, the Appeal Chamber has revealed more about the quality of fairness before the Tribunal than my conduct as counsel. History
will judge whether a wholly one-sided Tribunal, complicit in covering up massive RPF crimes that are being exposed as we speak, or my role in exposing that Tribunal for what it is, actually reflects the 'highest standards of the profession.' I believe that history, and my profession, will absolve me, not the ICTR or the Appeal Chamber. With the evidence now before it, the Appeal Chamber has reason to be ashamed, not me."
Note: The Rwandan government's viewpoint on this matter. The Press Release is, in part, a rebuttal of this article:
Erlinder banned from ICTR
By Edmund Kagire
The New Times
27 April 2011
http://www.newtimes.co.rw/index.php?issue=14608&article=40603
The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) has banned controversial American attorney, Prof. Peter Erlinder, from appearing before the tribunal as a lead counsel, over misconduct and disregarding tribunal orders.
The ruling made by the appeals chamber that sat at the Hague on April 21, means that Erlinder, who had earlier been served with several warnings, will be immediately replaced as lead counsel for genocide suspect, Aloys Ntabakuze.
According to the ruling seen by The New Times, Erlinder who has been the lead counsel for Ntabakuze, had been served with several summons to appear in his client’s appeal, but he remained elusive.
This prompted the court to impose a ban on the American lawyer, who had earlier claimed that he feared travelling to Arusha for his personal security, but later cited his medical condition as the reason for not travelling.
However, a panel of Judges led by Judge Patrick Robinson found Erlinder’s actions amounting to contempt of court and rather “unprofessional conduct,” because he never took the initiative to inform the tribunal.
“Considering that Lead Counsel’s conduct amounts to a failure to act diligently and in good faith and does not demonstrate the highest standards of professional conduct,” the ruling reads in part, “Considering further that Lead Counsel’s failure to inform the Appeals Chamber in a timely manner of his inability to attend the appeal hearing due to non-emergency medical reasons amounted to an obstruction of the proceedings and was contrary to the interests of his client.”
The ruling further recalls that pursuant to Rule 46(A) of the Rules, the Chamber may, after a warning, impose sanctions against a counsel, if, in its opinion, his conduct remains “offensive or abusive, obstructs the proceedings, or is otherwise contrary to the interests of justice”.
It also noted that the Appeals Chamber had warned Erlinder twice about his duty to adhere to his professional obligations as Counsel assigned by the tribunal but he failed to do so, hence the need to impose sanctions.
“The Appeals Chamber hereby sanctions Ntabakuze’s Lead Counsel, Peter Erlinder, by refusing him audience before the Tribunal and instructs the Registrar, pursuant to Rule 46(C) of the Rules, to replace Peter Erlinder as Ntabakuze’s Lead Counsel as soon as possible.”
The chamber noted that Erlinder’s multiple efforts to avoid travelling to Arusha suggest that he had no intention of appearing at the appeals hearing since at least January 2011.
Efforts to contact the ICTR spokesperson Roland Amoussouga were futile as he could neither pick his calls nor reply his emails.
Erlinder has been on record for promoting Genocide denial, minimising and trivialising the 1994 Genocide against the Tutsi through his recorded speeches and publications.
Last year, Erlinder was arrested and charged with Genocide denial when he travelled to Rwanda.
The American attorney is part of a network of genocide deniers from the United States, Belgium, Holland and other countries where he has held conferences, aimed at promoting revisionism and denying the 1994 Genocide against the Tutsi.
4/27/2011
Defense Attorney Sanctioned Despite Documented Medical Symptoms Resulting From Rwanda Detention: Consistent with the International Criminal Tribunal for Rwanda (ICTR) Cover-up of Rwandan Patriotic Front (RPF) Crimes.
Contacts:
Dr. Christine Schoettler, PhD. (fr) cschoettler@comcast.net
Andrea Palumbo, JD. (eng) andrea.m.palumbo@gmail.com
St. Paul, MN - A 4-hour Appeals Chamber hearing will complete the 8-year case against Maj. Aloys Ntabakuze, who was acquitted of conspiracy to commit genocide and all incidents but four that the Prosecutor admits he was not told about. His appeal case was separated from former co-defendents in the Military-I Trial, Col. Bagosora and Col. Nsengiyumva, on March 31, 2011.
Ntabakuze's Lead Counsel, Peter Erlinder, was sanctioned by the Appeals Chamber on April 21, 2011, after it received: (1) medical verification that, after March 15, Erlinder was experiencing acute medical symptoms directly related to his detention in Rwanda that prevents his travel to Arusha; (2) Erlinder's request to complete the 4-hour hearing by videoconference or at The Hague, as is common procedure at the ICTR; (3) to permit his Co-counsel, who had been ill, to argue the case in Arusha this June.
Rwanda's government imprisoned Erlinder in May 2010 for writing articles critical of the RPF based on ICTR evidence and threatened him with life in prison. He was released for medical reasons in June after personal appeals by Secretary of State Hillary Clinton and an international advocacy campaign. In October 2010, "dead or alive" orders for Erlinder's return to Rwanda allegedly went out from Rwanda's President Paul Kagame. Erlinder has been threatened with INTERPOL arrest continuously and has also been threatened at his U.S. speaking engagements by Rwandan
Ambassadors and agents in February 2011.
In December 2010, Erlinder requested the Appeals Chamber suspend its proceedings against Ntbabakuze in light of: conflict-of-interest created by Rwandan threats against defense counsel; the 600-pg United Nations report released in October 2010 detailing RPF crimes in the Congo during 1993-2003; and former ICTR Chief Prosecutor Carla Del Ponte's revelations.
The ICTR offered no security in Arusha. Rwanda gave no assurances it would
respect UN immunity for ICTR lawyers. When the Chamber rejected Erlinder's appearance by videoconference request on March 15, his medical symptoms returned. The Chamber was informed on March 25, 2011, that Erlinder had suffered a relapse of his acute medical symptoms arising from his detention and the pressure of the impending risk to his life. Prior to March 31, Erlinder: (1) requested to appear by videoconference for the 4-hour hearing; (2) requested a substitute co-counsel not facing any threats; (3) on March 31, Ntabakuze waived the presence of Counsel and was prepared to proceed pro se. All of these requests are in public documents and no hearing delay was requested. (Editor: The documents were provided to me and are available upon request.)
According to Prof. Erlinder, "Imposing sanctions in most jurisdictions takes place only after a notice and a hearing based on facts produced before the court. The Appeal Chamber decided on another method for its own reasons, but it is not grounded in simple fairness. But by sanctioning me, the Appeal Chamber has revealed more about the quality of fairness before the Tribunal than my conduct as counsel. History
will judge whether a wholly one-sided Tribunal, complicit in covering up massive RPF crimes that are being exposed as we speak, or my role in exposing that Tribunal for what it is, actually reflects the 'highest standards of the profession.' I believe that history, and my profession, will absolve me, not the ICTR or the Appeal Chamber. With the evidence now before it, the Appeal Chamber has reason to be ashamed, not me."
Note: The Rwandan government's viewpoint on this matter. The Press Release is, in part, a rebuttal of this article:
Erlinder banned from ICTR
By Edmund Kagire
The New Times
27 April 2011
http://www.newtimes.co.rw/index.php?issue=14608&article=40603
The Appeals Chamber of the International Criminal Tribunal for Rwanda (ICTR) has banned controversial American attorney, Prof. Peter Erlinder, from appearing before the tribunal as a lead counsel, over misconduct and disregarding tribunal orders.
The ruling made by the appeals chamber that sat at the Hague on April 21, means that Erlinder, who had earlier been served with several warnings, will be immediately replaced as lead counsel for genocide suspect, Aloys Ntabakuze.
According to the ruling seen by The New Times, Erlinder who has been the lead counsel for Ntabakuze, had been served with several summons to appear in his client’s appeal, but he remained elusive.
This prompted the court to impose a ban on the American lawyer, who had earlier claimed that he feared travelling to Arusha for his personal security, but later cited his medical condition as the reason for not travelling.
However, a panel of Judges led by Judge Patrick Robinson found Erlinder’s actions amounting to contempt of court and rather “unprofessional conduct,” because he never took the initiative to inform the tribunal.
“Considering that Lead Counsel’s conduct amounts to a failure to act diligently and in good faith and does not demonstrate the highest standards of professional conduct,” the ruling reads in part, “Considering further that Lead Counsel’s failure to inform the Appeals Chamber in a timely manner of his inability to attend the appeal hearing due to non-emergency medical reasons amounted to an obstruction of the proceedings and was contrary to the interests of his client.”
The ruling further recalls that pursuant to Rule 46(A) of the Rules, the Chamber may, after a warning, impose sanctions against a counsel, if, in its opinion, his conduct remains “offensive or abusive, obstructs the proceedings, or is otherwise contrary to the interests of justice”.
It also noted that the Appeals Chamber had warned Erlinder twice about his duty to adhere to his professional obligations as Counsel assigned by the tribunal but he failed to do so, hence the need to impose sanctions.
“The Appeals Chamber hereby sanctions Ntabakuze’s Lead Counsel, Peter Erlinder, by refusing him audience before the Tribunal and instructs the Registrar, pursuant to Rule 46(C) of the Rules, to replace Peter Erlinder as Ntabakuze’s Lead Counsel as soon as possible.”
The chamber noted that Erlinder’s multiple efforts to avoid travelling to Arusha suggest that he had no intention of appearing at the appeals hearing since at least January 2011.
Efforts to contact the ICTR spokesperson Roland Amoussouga were futile as he could neither pick his calls nor reply his emails.
Erlinder has been on record for promoting Genocide denial, minimising and trivialising the 1994 Genocide against the Tutsi through his recorded speeches and publications.
Last year, Erlinder was arrested and charged with Genocide denial when he travelled to Rwanda.
The American attorney is part of a network of genocide deniers from the United States, Belgium, Holland and other countries where he has held conferences, aimed at promoting revisionism and denying the 1994 Genocide against the Tutsi.
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