Arusha, October 4th, 2005 (FH) - Rwanda has approved an agreement with the United Nations on the transfer to its prisons of convicts sentenced by International Criminal Tribunal for Rwanda (ICTR).

The Rwandan cabinet of ministers meeting in Kigali Friday approved the draft agreement, thereby sending the ball back into the UN’s court.

Rwanda’s representative to the ICTR, Aloys Mutabingwa, told Hirondelle News Agency that all that remained was for New York to approve its part of the bargain.

“Given that this is standard practice, we do not see the reason for delaying the approval. We are not reinventing the wheel. We are just accomplishing the formalities”, stated Mutabingwa.

High level talks have been going on between Rwanda and the tribunal in regard to the transfer of prisoners in accordance with the statutes of the ICTR.

“Imprisonment shall be served in Rwanda or any of the States on the list of States which have indicated to the Security Council their willingness to accept convicted persons…” , reads the statutes in part.

An ICTR delegation was in Rwanda in May last year to inspect facilities where convicts would serve their sentences. Mpanga prison built in central Rwanda was found to meet the UN standards. All it now needs is for New York to approve the agreement before the first prisoner is transferred to Rwanda to serve their sentence.

In the bilateral agreement, ICTR agreed to meet the costs of upgrading the facilities, the upkeep and maintenance of the convicts, and their repatriation after they have served their sentences.

Released prisoners who choose to restart their lives elsewhere other than Rwanda will be allowed to do so at the UN’s expense though Kigali will facilitate their travel.

It has also agreed to meet the staff remuneration, ensure the safety and security of the prisoners and provide the basic necessities (water, power, sewage…).

In the event where a prisoner dies in detention while in Rwanda, the country will meet all costs to transfer the remains to his or her family.

So far one person being held on genocide charges has died while awaiting trial at the ICTR.

Samuel Musyabimana, the former Anglican Bishop of Shyogwe (Central Rwanda) died in January 2003 and his remains repatriated to Rwanda for burial at the tribunal’s expense.

Rwanda has for several years been calling for the enforcement of sentences to be carried out in Rwanda. Its main argument is that the crimes were committed there and should be the primary destination of the convicts.

“Rwanda is willing to receive the convicts, and the ICTR is required by law to send them there. We are ready any time to appeal the decision to send any convict to another national jurisdiction”, Mutabingwa warned.

The Rwandan envoy reminded the ICTR that it has a legal obligation to notify his country of any decision to transfer convicts anywhere else “failure of which would render the whole exercise futile”.

A total of 22 people have been convicted and sentenced to jail terms ranging from six years and life in prison after being found guilty of taking part in the 1994 genocide in Rwanda.

Of the above, 8 people are waiting for the outcome of their appeals, six are serving their sentences in Mali, while eight are waiting to be transferred to prisons where they will serve their sentences.

Apart from Mali, five other countries have signed agreements to receive prisoners who will have been convicted by the ICTR; Italy, Swaziland, Benin, Sweden and France.

KN/AT