THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA CASE NO ICTR9842T

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P R O C E E D I N G S

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA


CASE NO.: ICTR-98-42-T THE PROSECUTOR

CHAMBER II OF THE TRIBUNAL

v.

PAULINE NYIRAMASUHUKO

ARSÉNE NTAHOBALI

SYLVAIN NSABIMANA

ALPHONSE NTEZIRYAYO

JOSEPH KANYABASHI

ÉLIE NDAYAMBAJE


17 FEBRUARY 2004

0900H

CONTINUED TRIAL


Before the Judges:

William H. Sekule, Presiding

Arlette Ramaroson

Solomy Bossa


For the Registry:

Mr. Roger-Noel Kouambo

Mr. John Kiyeyeu

Mr. Ibrahim Mwamasangula

For the Prosecution:

Ms. Sylvana Arbia, Mr. Jonathan Moses


For the Accused Pauline Nyiramasuhuko:

Ms. Nicole Bergevin, Mr. Guy Poupart


For the Accused Arséne Ntahobali:

Mr. Duncan Mwanyumba, Normand Marquis


For the Accused Sylvain Nsabimana:

Ms. Josette Kadji


For the Accused Alphonse Nteziryayo:

Mr. Frédéric T. Pacere, Mr. Richard Perras


For the Accused Joseph Kanyabashi:

Mr. Michel Marchand, Ms. Simone Santerre


For the Accused Élie Ndayambaje:

Mr. Pierre Boulé, Mr. Claude Desrochers


Court Reporters:

Mr. Rex Lear, Ms. Donna Lewis, Ms. Judith Kapatamoyo,

Mr. Petrus Chijarira, Ms. Regina Limula, Ms. Karen Holm-Porter

I N D E X


WITNESS

For the Prosecution:

WITNESS RV

Examination-in-chief by Mr.Moses (continued in closed session) 4

Cross-examination by Mr. Boule (commenced in closed session) 18




































P R O C E E D I N G S

MR. PRESIDENT:
The proceedings are called to order. Normally, the witness, at this stage, is brought in after the appearances are put on the record.

MR. MOSES:
Your Honours, I, in fact, asked WVSS to wait until the appearances had been made, bearing in mind that there is no hesitation, so I think it's best that we do ask for the witness to be removed.

MR. PRESIDENT:
Yes, counsel, we will only go by names. Registry, would you please introduce the matter coming before the Trial Chamber this morning, please, for the record?

MR. KIYEYEU:
Thank you, My Lords. Trial Chamber II of the International Criminal Tribunal for Rwanda, Judge William Sekule, presiding, Judge Arlette Ramaroson and Judge Solomy Bossa, is now sitting in open session today, Tuesday, the 17th of February, 2004, for the continuation of the trial when Prosecution Counsel, Mr. Moses, will continue the Examination-in-chief of Witness RV, PW-51, in joint Case Number ICTR-98-42-T, in the matter of the Prosecutor versus Pauline Nyiramasuhuko and Shalom Ntahobali, Case No. 97-1-3; the Prosecutor versus Sylvain Nsabimana and Alphonse Nteziryayo, Case Number ICTR 97-29-3, The Prosecutor versus Joseph Kanyabashi, Case Number ICTR-96-G and the Prosecutor versus Élie Ndayambaje, ICTR Case No.96-8-2. I'm most obliged, My Lord.

MR. PRESIDENT:
Yes may we also have the appearance of the Prosecution, please, for the record?

MR. MOSES:
Yes, may it please Your Honours, counsel's name is Moses. I appear together with Ms. Arbia, who's the senior trial attorney, and Mr. Bouwknecht, who is case manager. Thank you, Your Honours.

MR. PRESIDENT:
Yes.

MR. KADJI:
Good morning, Mr. President, Your Honours. I'm Josette Kadji, beside me, my assistant

Mr. Tientcheu Weledji. We’re both from the Cameroonian bar, and we wish you a good day.

MR. PRESIDENT:
Thank you, Learned Counsel. Next, please.

MR. MWANYUMBA:
May it please the Trial Chamber, Duncan Mwanyumba, accompanied by my co-counsel,

Normand Marquis, as well as our legal assistant Mylene Dimitri. Have a good morning.

MR. PRESIDENT:
Thank you, Learned Counsel. Next please.


MR. PACERE:
Mr. President, Your Honours, I am Counsel Titinga Frédéric Pacere from the Burkina Faso bar. By my side, Mr. Richard Perras, co-counsel. We wish you good day.

MR. PRESIDENT:
Thank you, Learned Counsel. Next please.

MS. BERGEVIN:
Good morning, Mr. President, Your Honours, Nicole Bergevin, lead counsel, accompanied by -- can you not hear me? Nicole Bergevin, lead counsel for Pauline Nyiramasuhuko, assisted by

Guy Poupart and Nicolas Cournoyer.

MR. PRESIDENT:
Next, please.

MR. MARCHAND:
Good morning, Mr. President, Your Honours. I'm Michel Marchand, lead counsel, assisted by co-counsel, Simone Santerre, and counsel Marie-Dominique Emond, our legal assistants. We are all three from the Montreal bar, and we wish you good day.

MR. PRESIDENT:
Thank you, Learned Counsel.

MR. BOULÉ:
Mr. President, Your Honours, good morning. I am Pierre Boulé, lead counsel for Élie Ndayambaje, assisted by Claude Desrochers, co-counsel, and our legal assistant, Frederic Palardy and Claver Sindayigaya, are temporarily absent but will be joining us shortly. We wish you good day.

MR. PRESIDENT:
Thank you, learned counsel. Yes.


Was no legal assistant forgotten, for the record? Mr. Pacere.

MR. PACERE:
That is correct, Mr. President. I would -- Mr. President, I'm sorry, I beg the Bench's forgiveness. I was being very prudent so as to not be too clear about the makeup of our team, so I left out our legal assistant. Pauline Rukebesha is with me.

MR. PRESIDENT:
All right. Can we -- Witness -- I don't know? Yes.


Witness RV, the Trial Chamber reminds you of the solemn declaration you made yesterday and that you will continue your evidence today on that same solemn declaration.

THE WITNESS:
Agreed.

MR. PRESIDENT:
We were in closed session yesterday at the end of the day. What do you propose we do, Mr. Moses? Do we continue in open session?

MR. MOSES:
No, Your Honours. I ask that we return to closed session to finish examination-in-chief.

MR. PRESIDENT:
We'll go in closed session to enable counsel to question, some of which will have a bearing on the identity of the witness. Registry, are we there?

(At this point in the proceedings, a portion of the transcript [pages 4 to 77] was extracted and sealed under separate cover as the session was heard in camera)
(Pages 1 to 3 by R. Lear)





























C E R T I F I C A T E



We, Rex Lear, Donna M. Lewis, Judith Kapatamoyo, Petrus Chijarira, Regina Limula and Karen Holm-Porter, Official Court Reporters for the International Criminal Tribunal for Rwanda, do hereby certify that the foregoing proceedings in the above-entitled cause were taken at the time and place as stated; that it was taken in shorthand (stenotype) and thereafter transcribed by computer; that the foregoing pages contain a true and correct transcription of said proceedings to the best of our ability and understanding.



We further certify that we are not of counsel nor related to any of the parties to this cause and that we are in nowise interested in the result of said cause.




___________________________ Rex Lear



___________________________ Donna M. Lewis



____________________________ Judith Kapatamoyo



____________________________ Petrus Chijarira



____________________________ Regina Limula



____________________________ Karen Holm-Porter





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