In the space of 48 hours the ICTR has again been rocked by allegations against Rwandans working for defence teams. In the week that he has been testifying from the witness box, Omar Sherushago, one of those responsible for the genocide of Tutsis in Gisenyi, has levelled countless accusations against several of his fellow Rwandans. Testifying for the prosecution in the Media trial, the former militiaman has pointed the finger at two of the three accused in the case: Hassan Ngeze and Jean-Bosco Barayagwiza. However, until 10.15 on the morning of 22 November, he had apparently nothing to say against the third defendant, Ferdinand Nahimana.

Fresh Accusations against Aloys Ngendahimana
It was then, during a leisurely cross-examination by the lawyer for Jean-Bosco Barayagwiza, that Omar Sherusago told the court that, seated behind him in the public gallery, sat a person « who is trying to deceive the court and the defence counsel. » According to Serushago, the individual, whose name he did not know but whom he recognised, had been a member of the MRND party and worked at the President's office under Habyarimana. He asked that this person leave the public gallery so that he could continue his testimony, adding: « I do not want him to escape the appropriate authorities. » For several minutes, the courtroom was filled with wild rumours, not dissimilar to those that had severely shaken it six months earlier.
In May 2001, an investigator working for a defence team before the ICTR was unmasked. Thanks to an informer, it was revealed that he was working under a false identity and that in reality he was a category 1 genocide suspect in Rwanda. He was arrested by the ICTR Prosecutor and charged. The defence teams were rocked by the scandal. As a result, during the weeks that followed, every Rwandan employed to assist defence lawyers came under close scrutiny. Accusations abounded, some more serious than others. In July the Registrar delivered another blow by terminating the contracts of four defence team investigators, including Aloys Ngendahimana, a member of Nahimana's team. According to the Registrar, the man's name was on the list of genocide suspects in Rwanda and, given this, he could no longer be employed by the Tribunal. However, the administration failed to carry out an enquiry into the affair, and a month later the Registrar was reluctantly forced to reinstate Aloys Ngendahimana, who had been confused with another person bearing the same name. The incident seemed to have been closed, until 22 November when the man that Omar Serushago denounced behind his back was none other than Aloys Ngendahimana.

Hot Potato
In the half-hour following his accusation, there was a rare fluster of robes. Members of the office of the Prosecutor swept out of the courtroom and pointed out to their colleagues the man seated in the public gallery, with greying hair swept off his forehead, wearing a pale green suit. Counsel Biju-Duval, Ferdinand Nahimana's lawyer, slipped into the public gallery and began talking to Aloys Ngendahimana. The commander of the UN prison also made a brief appearance: could he be preparing a spectacular arrest? Back in the courtroom, Biju-Duval discreetly asked his co-counsel who was questioning the witness to give him the floor. « I hope this is important, Monsieur Biju-Duval, » said President Pillay tersely, clearly reluctant to tackle the problem. « My intervention is unusual, but I would like to speak before the break as a serious security issue has to be resolved before then. Omar Sherusaho has denounced a man in the public gallery who is allegedly here to deceive the court. The man is Ferdinand Nahimana's investigator. He was already, back in July, falsely accused in a defamatory and most serious fashion. The Registrar investigated the allegations for a month and the man was cleared of all suspicion. Today there is a new attempt to destabilise the defence at its most vulnerable moment during a public session. This is a very serious incident, and it is within your jurisdiction, » declared Jean-Marie Biju-Duval. « Who is trying to destabilise the defense? » demanded Navanethem Pillay, on the defensive. « Omar Sherushago attempted to create a diversion. Is he supported by other groups, other informers? An enquiry must be carried out. It [will become] clear that this is an act of pure defamation that must be punished. But now there is a security issue. My investigator stands accused. We know the risks hanging over people who are unfairly accused. He risks, right from the break, being exposed to scuffles that might cause him bodily harm, » replied the lawyer. He then asked the court to ensure that measures be taken « during the session » so that the Registrar's office could organise the protection of Aloys Ngendahimana. This was not the will of the judges, and the hearing was adjourned without a decision on the matter.

Unafraid
At the break, Aloys Ngendahimana left the gallery. « It's not the first time I have been accused. They just don't know what to invent next. But we have come through more worrying things than this. I am not going to be scared by a loutish killer, » he declared, before going over to chat with the client and lawyer for whom he worked. According to the available information, Ngendahimana, who has a diploma in educational psychology, has never been employed by the Presidency but was a civil servant at the Ministry of the Interior. When the hearing resumed, Judge Pillay requested, by way of a decision, that the court and Prosecutor be given a copy of the report on the enquiry carried out by the Registrar, as referred to by the defence lawyer. The « report », if it exists, was never disclosed. The only available document was the official press release issued by the Registrar on 17 August 2001. Diana Ellis, co-counsel for Ferdinand Nahimana, tried to get more concessions from the judges. Expressing her concern that such an incident might be repeated in future, she asked that rather than announcing this kind of information in open court, it should be communicated discreetly to the witness and victim protection unit. The British lawyer' request was met with silence.

An Interpreter for Semanza
This new affair comes less than 48 hours after the arrest of another ICTR employee on the charge of possessing illegal documents. This time it was an interpreter, specially recruited in August 2001 to assist the defendant Laurent Semanza. Registered under the name of Patrick Ssimbwa Bugingo and holding a Ugandan passport, the man was arrested by the Tanzanian police on 20 November and incarcerated in Arusha. His identity papers were allegedly forged and he was allegedly working illegally. Officially, the ICTR declared that this had nothing to do with it and that it was a matter for the sovereignty of the United Republic of Tanzania. « It's fate.. » confided a top-ranking Tribunal official, who wished to remain anonymous. No one was fooled and the office of the Prosecutor had clearly played a part.
Obviously, every incident of this kind tarnishes the defence's image. Yet, in the case of the interpreter, the defence had had nothing to do with his recruitment. Patrick Ssimbwa Bugingo was selected by the ICTR Language Services and technically he was employed and paid by this department and not by the defence lawyers. « It gives the impression that the defence is under surveillance, » counsel Taku, Laurent Semanza's lawyer, commented to the court, expressing concern that the defence had not been informed of the matter so that it could have at least secured confidential documents to which the interpreter might have had access. But despite its protests, the defence could not shake the vile suspicions. All the more so, since in 1999 an investigator working for Laurent Semanza's defence was discreetly dismissed by the Registrar after the latter discovered that he had been using a false name and that he was suspected of having taken part in the genocide in Kigali. At the time, everyone agreed to handle the affair with the utmost discretion. Now, all the cases are being exposed publicly, like a bad « surprise. »