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contribution 25 - BYRON Dennis C. M.

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Judge BYRON

original version

Thank you, Mr. Chairman. I was reminded by your invitation to give to the floor the statement made by my learned and distinguished colleague, Judge Arrey, because I had pulled back my hand with an intent to withdraw my request. I really had intended to just make a brief remark really on the issue of sentencing, because I thought that the intervention did contain some misstatements.

The rules of the ICTR clearly provide for a regime which would permit commutations, pardons and various other forms of attenuation of the sentences of persons severing prison sentences. And, in fact, the very last person who was released who had, in fact, made a guilty plea after Kambanda, and his guilty plea resulted in a sentence of 12 years imprisonment it was Ruggiu. He was recently released after having benefitted from the probation facilities mandated by the law of the country in which he was serving his detention. That was Italy. So the blank statement that you made was not quite accurate.

Thierry CRUVELLIER

Well, I have to be cautious here. Ruggiu was sentenced to 12 years. He served was 11 years, 8 months, which is four months to the end of his term on the decision of Italy and apparently without disclosing its decision to the Tribunal. It’s a rare case which, in my opinion, does not challenge my overall analysis.

A. GARAPON

Francois Roux asked for the floor. Francois Roux and after that Francois Xavier Nsanzuwera.