A/HRC/11/41 page 26 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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