The recent decision hand down by the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals (IRMCT) in the Kabuga case, which overturn to introduce an “alternative findings procure” for the trial of unfit individuals, may potentially mark a positive shift towards safeguarding the rights of defendants within the realm of international justice.
Kabuga has been accus of committing genocide
Inciting genocide in Rwanda. He was indict for these crimes by the ICTR in 1998 and he liv as a fugitive until his eventual arrestin 2020. As his trial at the IRMCT commenc, it quickly became apparent that Kabuga’s health was compromis. Consequentially, several measures were taken by the Trial Chamber to accommodate him and ensure his full fax lists participationin the proceings, including holding shorter sessions. However, after being diagnos with a progressive form of dementia consistent with Alzheimer’s disease by three psychiatrists, the court rul that Kabuga was unfit for trial, as his cognitive decline entail that he could not meaningfully exercise his fair trial rights, even with the assistance of counsel.
With the determination of unfitness
It seem quite straightforward that the court would order an indefinite stay of proceings. This would have align with precents set in previous cases before the International Criminal Tribunal for the former replica la plantilla para cada boleto que necesites Yugoslavia (ICTY)/ For instance, in Hadzic, where the defendant develop a progressive and degenerative brain tumor that left him with less than a year to live and unable toeffectively communicate with his lawyers, the ICTY declar him unfit and order The Trial Chamber’s precent an ukraine business directory indefinite stay of proceings. Likewise, in the case of IENG Thirith before the Extraordinary Chambers in the Courts of Cambodia (ECC), a similar scenario unfold. Here, the defendant’s diagnosis of a progressive form of Alzheimer’s prompt the court to declare her unfit and subsequently order an indefinite stay of proceings.
