Paris, October 25, 2002

On the eve of the intervention of Carla Del Ponte, Prosecutor for the International Criminal Tribunal for Rwanda (ICTR), to the United Nations Security Council, the International Federation for Human Rights (FIDH) publishes a report on the situation of victims before the International Criminal Tribunal for Rwanda (ICTR).

For several months, the relationship between Rwanda's authorities and the associations of victims of the genocide and the massacres committed in Rwanda on one hand, and on the other hand the ICTR, has been deteriorating significantly, so much so that the victim's associations have announced that they will no longer collaborate with the ICTR.

In this context, the FIDH mandated an international mission to Arusha, Tanzania, seat of the ICTR from July 28-31, 2002, and to Rwanda from August 2-10, 2002, in order to gather information and analyse the current impasse. The mission was composed in Arusha of M. François-Xavier Nsanzuwera, Secretary-general of the FIDH and Ms. Martien Schotsmans, FIDH consultant on International Justice and in Rwanda of Ms. Martien Schotsmans in collaboration with the Collectif des Ligues pour la Défense des Droits de l'Homme au Rwanda (CLADHO), and the Ligue Rwandaise pour la Promotion et la Défense des Droits de l'Homme au Rwanda (LIPRODHOR), both FIDH affiliated NGOs.

In Arusha, the FIDH delegates interviewed representatives of the various bodies of the ICTR. In Kigali, they met with the Rwandese authorities, the associations of victims, representatives of local and foreign NGOs, ambassadors and donors present in Rwanda, as well as several victims who have been witnesses in Arusha.

The report first analyzes victims's concerns - as witnesses - before, during and after their testimony in Arusha including the difficult issue of cross-examination, the lack of protective measures when returning home, the little awareness about the consequences of opting in favor of anonymity as it does not automatically entail protection as well as the frustration linked to the absence of partie civile and right to reparation.

Some criticisms appear to be exaggerated and also seem to have been used to other aims than the victim's interests by the Rwandese authorities. However, other difficulties expressed by the victims are real and the FIDH has formulated several recommendations in order to overcome them.

Building upon the reactions of the ICTR, the victim's organizations, Rwanda officials, as well as members of the International Community based in Rwanda, the FIDH report concludes that the current impasse and rupture of dialogue between victim's associations and the ICTR can only be detrimental to the interest of the victims.

The FIDH report published today underlines the different degrees of responsibilities of the different actors involved in this current impasse and makes the following recommendations:

I - FIDH Recommendations to the ICTR:
To improve the image of the tribunal and the understanding of its functioning and its mandate
· to make more efforts in establishing a consistent and transparent dialogue on its work, on its possibilities and the limits of its action
· to establish a systematic dialogue with the associations of victims and to recognize their importance, as well as establishing clear rules of collaboration
· to encourage ICTR monitoring by Rwandese Human Rights Orgnizations
· to continue its constructive dialogue with the General Assembly and the Security Council of the United Nations
· to organize, when appropriate, the hearings or parts of the hearings in Rwanda, in order to make the justice of the ICTR more visible to the Rwandese population

To adress victims-witnesses' concerns
· to give particular attention to the consequences of anonymity and explain them to witnesses appearing before the Court
· to ensure that the witnesses are treated with respect for their dignity during cross-examinations by using the possibilities foreseen by Articles 75c and 90 of the Rules of Procedure and Evidence
· to establish with the authorities of the State of nationality of the witnesses a realistic protection system, for the anonymous witnesses as well as others
· to accompany witnesses-victims by a psychologist who is specialized in traumatism, before, during and after their tesimony
· to organize regular trainings on the treatment of traumas for the staff in contact with victims

II - FIDH Recommendations to the Rwandese authorities:
· The Rwandese authorities have an essential responsibility in the curent impasse. The FIDH therefore urges Rwanda to fully and unambiguously cooperate with the Tribunal, pursuant to its international obligation and, to recognize the jurisdiction of the Tribunal in investigating and prosecuting international crimes committed by the Rwandan Patriotic Front (RPF) in 1994, in conformity with the ICTR Statute.
· To recognize the need of the existence and the work of the ICTR as complementary to the Rwandese national justice
· To respect their international obligation of cooperation with the ICTR, in the genocide cases as well as the war crimes cases
· To defend and encourage justice for all victims of crimes committed in 1994, including those committed by the RPF
· To fully cooperate with the ICTR to ensure the protection of victims who witnessed in Arusha

III - FIDH Recommendations to the associations of victims:
· The victim's associations should aim exclusively at defending the victim's interests, this entails that they should, independently, take on a role of accompaniment and support towards them and should formulate constructive criticisms vis-à-vis the Tribunal instead of the at times quite excessive reproaches.
· To help the victims to understand the mandate of the ICTR and its limits and to support them in their demarches as witnesses
· To formulate relevant and constructive criticisms vis-à-vis the ICTR
· To establish a constructive dialogue with all the bodies of the ICTR, with the Rwandese authorities and with the international community, which will allow to draw the attention on the problems faced by the victims

IV - FIDH Recommendations to the human rights associations and their donors:
· Human Rights NGOs should organize a more systematic monitoring of the ICTR work. They should give special care to the situation of victims and other persons who appeared as witnesses before the ICTR or who collaborates with the ICTR as well as analyze the impact of the ICTR on the Rwandese society, notably on peaceful cohabitation.

V - FIDH Recommendations to the international community:
· To follow the work of the ICTR carefully and reiterate firm political support to the ICTR
· To give the ICTR Trust Fund the financial means so that it can organize the necessary activities To make its work better known and better understood by the Rwandese society and by the international community
· To provide for a system of compensation of Rwandese victims of crimes of international humanitarian law.

VI - FIDH Recommendations to the United Nations Security Council members
· To urge the Rwandan government to fully and unambiguously cooperate with the Tribunal, pursuant to its international obligation and, to recognize the jurisdiction of the Tribunal in investigating and prosecuting international crimes committed by the Rwandan Patriotic Front (RPF) in 1994, in conformity with the ICTR Statute

The Report "Victims in the balance" in French is available on the FIDH website : http://www.fidh.org/afriq/rapport/2002/rw343f.pdf (English translation will follow).

Press contact
- Paris: press office, (00 33) 1 43 55 25 18 (mailto:presse@fidh.org
- New York : Jeanne Sulzer : (00 1) 212 614 64 49 (jsulzer@fidh.org)
- Chargés de mission : Bruxelles : François-Xavier Nsanzuwera : (00 32) 4 786 064 51
Martien Schotsmans : (00 32) 4 732 658 23)