Prosecutor v Munyakazi (Yussuf), Decision on the Prosecution's Appeal Against Decision on Referral Under Rule 11bis, Case No ICTR-97-36-R11bis, ICL 638 (ICTR 2008), 8th October 2008, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for Rwanda [ICTR]; Appeals Chamber [ICTR]
Whether the Trial Chamber of the International Criminal Tribunal for Rwanda (‘Trial Chamber’) erred in considering that the accused could be subject to life imprisonment in isolation if convicted in Rwanda.
Whether the Trial Chamber’s findings on problems of judicial independence and impartiality in Rwanda were sufficiently supported by the evidence.
Whether the Trial Chamber’s conclusions on the unavailability of defence witnesses by reason of their fear of intimidation, threats or arrest were sufficiently substantiated by evidence.
Whether the Trial Chamber ought to have taken into account the safeguards in Rwanda’s law for the facilitation of the defence.