A/HRC/11/41
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C. International Criminal Tribunal for Rwanda
91. On 18 December 2008, the International Criminal Tribunal for Rwanda rendered its
judgement concerning four senior officers of the Rwandan army in 1994. It sentenced
Colonel Théoneste Bagosora, Director of Cabinet in the Rwandan Ministry of Defence,
Major Aloys Ntabakuze, commander of the Para Commando Battalion, and
Colonel Anatole Nsengiyumva, commander of the Operational Sector of Gisenyi, to life
imprisonment for genocide, crimes against humanity and war crimes based on their role in
crimes committed in Rwanda. The court acquitted General Gratien Kabiligi, head of the military
operations bureau (G-3) of the army general staff, of all charges against him and ordered
his release. It also acquitted each of the accused of conspiring to commit genocide
before 7 April 1994.
D. Other relevant developments
92. Extraordinary Chambers in the Court of Cambodia. On 17 February 2009, the initial
hearing in the first case of the Extraordinary Chambers in the Courts of Cambodia (ECCC)
started with the trial of Kaing Guek Eav (“Duch”) who faces charges of crimes against humanity
and grave breaches of the Geneva Conventions of 1949, in addition to the offences of homicide
and torture under Cambodian criminal law.
93. Special Tribunal for Lebanon. The Special Tribunal for Lebanon started functioning
on 1 March 2009. The Tribunal was established pursuant to Security Council
resolution 1757 (2007) to prosecute persons responsible for the attack of 14 February 2005
resulting in the death of former Lebanese Prime Minister Rafiq Hariri and in the death or
injury of other persons and related cases. On 3 March 2009, the Security Council reiterated the
importance of the full cooperation of Member States with the Office of the Prosecutor in order to
enable effective investigations and prosecutions. The mixed or “hybrid” tribunal comprises
seven foreign and four Lebanese judges.
94. International Court of Justice. On 19 February 2009, Belgium instituted proceedings
before the International Court of Justice (ICJ) against Senegal regarding Senegal’s obligation to
prosecute the former President of Chad, Hissène Habré, or to extradite him to Belgium for the
purposes of criminal proceedings. In its application, Belgium maintains that Senegal, where
Mr. Habré has been living in exile since 1990, has taken no action on its repeated requests to see
Mr. Habré prosecuted in Senegal, failing his extradition to Belgium, for acts including crimes of
torture and crimes against humanity. Mr. Habré was indicted on 3 February 2000 in Senegal for
complicity in crimes against humanity, acts of torture and barbarity and placed under house
arrest.
V. CONCLUSIONS AND RECOMMENDATIONS
A. Conclusions
95. The present report demonstrates the number and variety of factors that impact on
the independence of judges, both in an individual and institutional dimension. It shows that
procedures for the selection and appointment of judges as well as the term and security of
their tenure are key factors to ensure the independence of judges. Among the factors
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