The District Judge was not persuaded that these improvements were sufficient to protect the men’s rights under Article 6 of the ECHR. She found that, “if extradited, as things presently stand, the defendants phone number list would be denied the effective representation of counsel…without such representation and funding, the High Court in Rwanda would be presented with the prosecution case and the RPs would find it impossible to present their side of what happened.”
The District Judge carefully considered the progress of the so-called ‘transferred cases’–the defendants transferred from the ICTR in Arusha to Rwanda. She was concerned about the quality of the representation by the defence advocates in those cases.
of one of the requested persons, Celestin Mutabarkua, in “Gacaca” proceedings, meant that his extradition ought to be barred pursuant to the double jeopardy bar.
Double Jeopardy
The Divisional Court affirmed the District Judge’s decision on the question of double jeopardy in respect of Mutabaruka, it allowed the cross-appeal of Emmanuel Nteziryayo, holding that his extradition should also be barred because he had been previously acquitted and convicted by Gacaca courts.
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