Transcript of June 7 - Peter Robinson
Transcript of June 7 - Peter Robinson
Transcript of June 7 - Peter Robinson
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KAREMERA ET AL MONDAY, 7 JUNE 2010<br />
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certain crimes committed in 1994.<br />
So there's another issue, which is Mr. Erlinder's involvement in bringing lawsuits against Mr. Kagame<br />
and other members <strong>of</strong> his government.<br />
And then the third matter that we addressed in our response are comments that it seems Mr. Erlinder<br />
made at a conference <strong>of</strong> international defence attorneys in Brussels, which had been organised a week<br />
or so before his arrival in Rwanda.<br />
And my understanding is that he delivered a paper -- the paper is available on the Internet. We<br />
provided a copy and annex to our response. I'm not sure if that paper was written in 2009 or recently.<br />
The only indication I have is that it comes from that international association <strong>of</strong> defence attorneys in<br />
relation to conferences that they organised just recently in the year before.<br />
So whether it comes from 2009 or 2010, I cannot be sure. But clearly, based on our response and what<br />
I'm saying right now, the entire issue is sketched out before this Trial Chamber.<br />
The Prosecution does not minimise the seriousness <strong>of</strong> the current situation. It is a matter <strong>of</strong> concern.<br />
But the issue before us is what we can do in our capacity as lawyers and members <strong>of</strong> this trial to<br />
address it or how it should be addressed or if it should be addressed.<br />
My understanding is that Mr. Erlinder was stopped or arrested pursuant to Rwandan judicial<br />
procedures. And as lawyers, we should be able to observe and respect the judicial procedures <strong>of</strong><br />
domestic national jurisdictions.<br />
There are laws in Rwanda against negation <strong>of</strong> the genocide. Presumably, Mr. Erlinder was informed <strong>of</strong><br />
the charges against him. Based on Mr. <strong>Robinson</strong>'s submission and the annexes to his submission, he<br />
was pre -- he appeared before a judge. There was some discussion <strong>of</strong> him being granted bail. The<br />
person that he allegedly went to represent in Rwanda was seated in the courtroom, herself having been<br />
released on bail. So there are judicial procedures at work in Rwanda in relation to this particular<br />
situation.<br />
And I wonder what we can do independently as a separate jurisdiction to address Mr. Erlinder's<br />
situation and the Defence's concerns by simply stopping this trial.<br />
There are two independent judicial procedures that are ongoing: Our trial here, which needs to move<br />
forward; and Mr. Erlinder's trial or his ability to confront the allegations against him in Rwanda. And I<br />
JEAN BAIGENT - ICTR - TRIAL CHAMBER III - page 9