The Registrar
Le Greffier

Date: 18 September 2006

DECISION on WITHDRAWAL OF THE ASSIGNMENT OF
MR. Callixte Gakwaya,
Lead COUNSEL FOR THE ACCUSED PERSON,

MR. Yussuf Munyakazi

THE REGISTRAR of the International Criminal Tribunal for Rwanda ('the Tribunal');

CONSIDERING Articles 16 & 20 of the Statute of the Tribunal ('the Statute') and Rule 45 of the Rules of Procedure and Evidence of the Tribunal ('the Rules');

CONSIDERING Articles 10bis, 19 and 20 of the Registrar's Directive on the Assignment of Defence Counsel ('the Directive') adopted on 9 January 1996 and amended, inter alia, on 15 May 2004;

CONSIDERING the Registrar's letter dated 16 June 2005, assigning Mr. Callixte Gakwaya as Lead Counsel to the Accused Yussuf Munyakazi (‘the Accused’);

Considering the exchanges between the Accused and the Registry, where the Accused requested that should Mr. Gakwaya be unable to fulfill his functions as Lead Counsel, the Registry provides the Accused with alternative Counsel;

Further Considering the completion of the investigation carried out by the Office of the Registrar after receiving the list of allegations against Mr. Gakwaya from the Government of Rwanda;

In View of the letter from Mr. Callixte Gakwaya, dated 18 September 2006, where he submits his resignation as Lead Counsel for the Accused in light of the mounting insecure situation resulting from the allegations against him made by the Government of Rwanda that hinder him from fully representing his client’s interests; 

Finding that it has become evident that Mr. Gakwaya will be unable to fully meet his duties and obligations under the Statute and the Rules as Lead Counsel for the Accused;

Finding that in this case the situation constitutes an exceptional circumstance within the meaning of Article 19(A) of the Directive;

FOR THE FOREGOING REASONS:

Accepts Mr. Gakwaya’s resignation as received on 18 September 2006;

WITHDRAWS pursuant to Article 19(A)(i) of the Directive, Mr. Callixte Gakwaya’s assignment as Lead Counsel to the Accused;

ORDERS that the name of Mr. Callixte Gakwaya be removed from the Registrar's List of Potential Defence Counsel that are eligible for assignment as counsel to an indigent suspect or accused; and,

Requires the Accused to select three names from the Registrar’s List of Potential Defence Counsel and submit them to the Registry as soon as possible.

Done at Arusha, this day 18 September 2006,

Adama Dieng
Registrar