Alinea 27 Rechtbank 's-Gravenhage 24 juli 2007

9. During the hearing the Public Prosecutor handed in a letter to her colleague J.J.A. Lucas, addressed to the Prosecutor's Office dated 11 August 2006. This letter reported the arrest of the Accused and the Prosecutor was asked to state his wishes with respect to the suspect's prosecution. According to the Public Prosecutor in the months of July and August 2006 frequent contacts followed between the Public Prosecutor and the Prosecutor. In the discussions reference was made to UN Security Council Resolutions 1503 (2003) and 1534 (2004) to the effect that the Rwanda Tribunal must finalise its activities and that it was not possible to try the Accused itself. By the same token, the Accused's extradition to Rwanda is not possible. The Public Prosecutor pointed out to the Prosecutor that it was not possible to institute criminal proceedings against the suspect for genocide on the basis of the acts described in the paragraphs 2 and 3 because Dutch legislation does not provide for universal jurisdiction for genocide committed prior to October 2003. Furthermore, the possibilities provided for in Dutch legislation to take over the prosecution were discussed as well as the Rwanda Tribunal's possibilities to transfer the prosecution to the national authorities. The Public Prosecution Service and the Prosecutor agreed that the best solution was a so-called 'prosecutor's referral' by which the prosecution of the Accused was transferred to the Netherlands. This resulted in a letter of 3 October 2006 from the Prosecutor to the Dutch ambassador in Dar es Salaam in Tanzania requesting the forwarding of a letter of 29 September 2006 which incorporated in the appendix the 'request to accept transfer for national prosecution from the Prosecutor of the international criminal tribunal for Rwanda to the Minister of Justice of the Kingdom of the Netherlands'. On 27 November 2006 the Minister of Justice agreed to the request which refers to 'prosecution for the crimes of genocide and complicity in genocide' and empowered the Public Prosecutor of the National Office of the Prosecution Service to take over criminal proceedings against the Accused.

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