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NCHAMIHIGO - LETTER FROM DEFENCE COUNSEL REGARDING UNPAID FEES

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NCHAMIHIGO - LETTER FROM DEFENCE COUNSEL REGARDING UNPAID FEES Powered By Docstoc
					    GACHUKI & COMPANY
                                             ShirikaCo-operativeHouse
           ADVOCATES
                                             2nd Floor,Wing F          ->
        W.       Ph.D.
    David Gachuki,                          Corner of Kipande& Ngara Road
                                            P. O. Box 60043
                                            NAIROBI.
                                            Tel- 3743380
                                            Fax: 3751764
   OurRefi G / ICTR-2001-63-1/02

   YourRefi

           2002
   26thJune,

  TheRegistrar,
             Criminal
  International
         for
  Tribunal Rwanda,
  P.O.Box6016,
  ARUSHA
                                                            >
     Sir,
  Dear
                                                            w
  SIMEON NSHAMIHIGO
  CASENO:ICTR- 2001- 63 -1

  RE: UNPAID FEES

        to            Caldarone’s toourclient 22nd
 We refer Mr.Alessandro        letter          of    May,2002
         him   you          the due
 informing that haddecided fee to himbegiven his to   legal
        We
 defence. didnot        this
                understand aswehave never       or    of
                                         received heard sucha
        since     was      he
 decision thefee dueand hasbeen           on        for
                                    putting reminders
        The     he
 payment. answer hasbeen         related payment thefeenot
                         receiving     to       of
      been       by         Lead      and    he
 having approved hisformer Counsel that should for   wait
   to
 her doit.

      to   an     to   to      your      on
 Wewish make appeal you reconsider decision thefollowing:-

      the
 First, amount       is
              involvedsolittle,isnot
                                 it     even      to a
                                            enough pay full defence
    for       It           not
 team 3 days. istherefore a sum the           to     for.
                                    for ICTR fight Onthe
     hand, means whole
 other    it     a      world his
                             to         and
                                   family creditors.        to
                                                    Accordinghis
        heis        to
contract, supposedbepaid     after       services
                                  providin
  ¯
             such
h,sc.re&tors, as landlords,
      "                            a ..~..__~ Onthe
                             exnecte        ,¯      basisofthis,
services. spouse not
        Hts      is             ,~~,,~y,,,~,,[  ena
                           r andshe hisatthe othls
                       employed      and seven        provision
                                               children        of
       It
income. istherefore       and       to
                    unfair unjust keep promising
                                          on              for
                                                    paymenthis
                                                          on
                                                      lived
     a
nearly year    to            not     You
           only sayyouwill pay. maywonder              he
                                                 whether hadno
       Sure      Of       as      and
savings. hehad. course little inproportion incometohis     and
      But     he        us
family. then informs that          was     by
                              this taken oneAlexander    Mwingira
       Box
 ofP.O. 11806,         when         his   by         to
                Nairobi, he defrauded wife promisingtake
               where would a refugee
 herto a Country     she    be             the
                                      under UNHCR.  Mr.
        was       by         Police,
 Mwingira arrested theKasarani          and       He
                                   Nairobi charged. isinthe
          Area
 Industrial Prison,      awaiting
                   Nairobi          You verify with
                               trial. may      this   the
        Police. therefore nosavings his
 Kasarani     He        has                  can    on.
                                  that family live They
 livefromhandto mouth

       on       of           letters
 Second, thebasis Mr.Caldarone’s of13th       2002 28th
                                       February, and
      2002      the     was       that   It
 March, tohim, family expecting money. is now
           toget       new      after
 heartbreaking a totally response a year    the   became
                                        since money
 due.


     he
Third, ispresumed      until
                 innocent proved       Failure payhimhis
                                 guilty.    to
     earnings were
meager       that         due
                    already tohimoneanda half      before
                                              months     his
     is      It
arrest unjust.islikedeclaringguilty before trial
                           him    even    the         and
                                                 starts
        contrary Article (C)oftheICTR
therefore      to      20                  Note
                                     Statute. that     of
                                                   part the
     fees            and
unpaid isforFebruary March       He         been    for
                             2002. hadalready paid April.
HadtheTribunal      involved efficient
              sections     been             he
                                      enough, wouldhave
     received pay.
already     his

     Article (D)
Fourth,    20          him    assistance does have
                guaranteeslegal      ifhe   not
        means    for It         him right:-
"sufficient topay it" guaranteesthe

            "To       in    or
        20(D) betried his her            and
                                 presence, todefend     in
                                                   himself person
                     legal        ofhis     own
            orthrough assistance orher choosing;      tobe
                    ifhe
            informed, orshe      not
                             does have      assistance, right;
                                        legal       ofthis
               to
            and have legalassistance
                                  assienedhim her, any
                                         to   or   in   case
                the        of
            where interest justice          and      payment him
                                    rectuires, without     by
                  in
            orher any      case
                       such ifheorshe       not
                                         does have        means
                                                  sufficient to
               for
            pay it,"          added)
                      (emphasis

           on           of      Counsel
TheDirectivestheAssignmentDefence            on
                                     elaboratesthis.
     4 provides
Article

                   shall considered indigenthedoes have
            "Aperson    be       tobe      if      not
                    means      Counsel hischoice tohave
            sufficient to engage     of        and
                 legally
            himself            orassistedCounsel his
                       represented     by     of    choice."
                    added)
            (emphasis

     now,
Right notonly      he
               does nothave         means"          has
                            "sufficient butheactually no
    at     Not   for family’s needs. are
means all. even his          basic                charging
                                      You therefore
himforlegal      when      not
           services hedoes have          means"
                                 "sufficient tomeet such
       This       in    of      20   of Statute Article
charges. isclearlybreach Article(D) the       and     4
thesaid         Hewonders youare
       Directives.     why          this him.
                                doing   to

     his    is       of      who
Fifth, Family a family refugees donot     any       from
                                     receive assistance
    or
UNHCR anyother              It is    you
                Organisation. them aretherefore     actually
        by           the      They
punishing withholding money. aretheones wouldwho     have usedit
forfood,        medical forhowever itwould
        clothing,      etc.         long       havetakenthem.You
           our
arepunishing client         We      that     not
                    mentally.submit it was theintention     of
theUNtofactually      our
                punish Client’s       for
                                 family hisalleged       and
                                                  offence him
      long       he        let
mentally before istried, alone     found      You
                                        guilty. arepunishinghim
       by         him
andthem depriving ofa right            bythe        and
                               guaranteed Statutes the
          He was
Directives. assigned          when
                        Counsel youfound      he
                                          that didnothave
         means.       not
sufficient Youhave found       otherwise.

      of       we      you         your      and charge
Inview theabove, request toreconsider decision not
our     for legal
   client the          as     not
                 serviceshedoes have       means to
                                    sufficient even
       his     The     fees   not
maintain family. unpaid will solve       problems
                                     their      permanently
   it    at   make
but will least a contribution.

         will       that     the
Thefamily notassume itwas defence that team      or
                                            kept tooktheir
     and
money thus       tension
            create     between     You        to
                              them. do nothave paythe
    to     You     it     to
money him. canpay direct his    spouse.




DAVID W. GACHUKI
DEFENCE LEAD COUNSEL

c.c.A. Caldarone

     Client
                                            Criminal
                                International              for
                                                   Tribunal Rwanda
                               Tribunal                 pourle Rwanda
                                       P6nalInternational
                                                  International
                                             Arusha                  Centre
                                                             Conference
        UNITEDNATIONS
         NATIONSUNIES                     6016,
                                     P.O.Box   Arusha,      - B.P.
                                                     Tanzania         Arush Tanzanie
                                                                  6016,   a,
                            255        504367-72 1 2129632850
                        Tel: 57 504207-11      or                255             or 1
                                                             Fax: 57 504000/504373 2129632848/49



                             PROOF OF SERVICE - ARUSHA
                          PREUVE DE NOTIFICATION - ARUSHA
Date: 27 June,2002         Case Name/affaire:          TheProsecutor            SIMI~ON NCHAMIHIGO
                                                                 v ................


                           CaseNo/no.de/’affaire:ICTR-2001-63-1

To:     ~] TCl                               by/regu
                                      received     par:      ALO: received by/regupar
A:      []       N.
             Judge Pillay,       ..................................
                          President
        []   Judge Mose,VicePresident                        []...............................
        [] ..................................                []
        []                Vaz
             JudgeAndresia .................................................................
                                                             []
                      Co-ordinator
             E.Nahamya,         .................................. ¯..........................
        E] TC2
        []   JudgeW. H. Sekule..................................
        [] JudgeW.C.M.   Maqutu..................................      []
        []                                                             []...............................
        []   JudgeA. Ramaroson.................................................................
                                                                       []
             C. Aptel,                       ....................................
                           Co-ordinator ............ .................
                                       ...         ,-

        [--]TC3
        []   JudgeL.G.Williams ..................................
        [] JudgeY. Ostrovsky                                   []
                              ..................................                 ,...............
        []                                                     [] ...................
        []   Judge P. Dolenc.................................. ...............................
                                                               []
             M. Niang,           .................................. ¯..........................
                      Co-ordinator

         ~;~ OTP I BUREAU DU PROCUREUR
         [] Trial       in     of    ...... R. KAREGYESA
                 Attorney charge case:                                                by
                                                                                received........................
        [~ DEFENSE:
        [] Accused Accuse:
                 /       ...... NCHAMIHIGO         ~,~,2.    ~
                                                             7~Z          complete/remplir CMS4FORM"
                                                                                         "

        [] Lead       /
                CounselConseil        .... D. GACHUKI
                              Principal:
        [] In/ & Arusha    .................................................
                      Arusha                                      [] by
                                                           (signature)fax                    FORM"
                                                                         complete/remplir"CMS3b
        [] Co-Counsel/ConseilAdjoint.
                                  ........
        [] In/ & Arusha    ................................................
                      Arusha                                      [] by
                                                           (signature)faXcompletelremplir’CMS3bis
                                                                                              FORM


         All Decisions:         [] AppealsChamberUnit,The Hague                          Chenault,
                                                                                [] Suzanne            Linguist
                                                                                                 Jurist

                      &        PublicDocuments:
         All Decisions Important                                           &      Affairs
                                                                    [] Press Public                         Library
                                                                                                     [] Legal
From:    [] JP. Fomet~ (OIC, CMS)        [] Y~I)                     2)
                                                     [] R. Kouambo(TC [] K. Afande(TC              [] F. Talon(Appeals)
De:
            A =e           [] L. Munlo               [] P. Nyambe            [] K. Moghalu       [] S. Van Driessche
Cc:
                          [] WVSS-P        [] E. O’Donnell      [] LDFMS "           [] GLSS           [] P. Enow

Subject                                        Q j/
            findattached following
Objet: Kindly         the       document(s)
                                         I Veuillez
                                                 trouver annexe
                                                       en     le(s)        suivant(s):
                                                                  document(s)

       name     du
Documents / titre document                                                                     Date    /
                                                                                                   Filed Date       Pages
                                                                                                  enregistr~
THE LETTER FROM D. GACHUKI TO REGISTRAR RELATING TO UNPAID FEES.                                 27/6/2002       3

				
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