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在阿鲁沙分支机构,我的办公室采取重要步骤,执行安理会赋予我们的职责,按照《余留机制规约》确保继续保护证人并起诉藐视法庭罪。9月份,上诉分庭驳回了奥古斯丁·恩吉拉巴图瓦雷提出的复核请求,确认了对他的上诉判决。几周之后,一名法官同样确认了我们对恩吉拉巴图瓦雷先生的起诉,我们指控他犯下两项藐视法庭罪和一项煽动藐视法庭罪。奥古斯丁·恩吉拉巴图瓦雷是一名前卢旺达政府部长,因怂恿、煽动、协助和教唆灭绝种族罪行,在2014年被定罪,判处30年监禁。2016年,他要求上诉分庭基于所谓新事实撤销对他的判决。他声称,4名在审判时指证他的证人已经撤回了他们的证词。在对此事进行调查过程中,我的办公室发现,大量证据表明,在过去三年里,很多人卷入一个涉及面广的犯罪计划,意在影响这4位证人,使之撤回以前的证词。我们利用这些证据,成功地维护了对恩吉拉巴图瓦雷的灭绝种族罪判决,现已对6人提起藐视法庭罪诉讼,其中包括恩吉拉巴图瓦雷先生本人。这些结果向曾在卢旺达 | At the Arusha branch, my Office has taken significant steps to carry out our mandate from the Council to ensure the continued protection of witnesses and prosecute contempt of court offences under the Mechanism’s statute. In September, the Appeals Chamber rejected the request for review submitted by Augustin Ngirabatware, and affirmed the appeal judgment against him. A few weeks later, a single Judge likewise confirmed our indictment against Mr. Ngirabatware, charging him with two counts of contempt of court and one count of incitement to commit contempt of court. Augustin Ngirabatware is a former Rwandan Government minister who was convicted in 2014 for inciting, instigating and aiding and abetting genocide and was sentenced to 30 years in prison. In 2016, he asked the Appeals Chamber to reverse his convictions on the basis of an alleged new fact. Specifically, he submitted that four witnesses who testified against him at trial had recanted their testimonies. In the course of investigating that matter, my Office uncovered extensive evidence of a broad criminal scheme involving many individuals over three years, aimed at influencing those four witnesses to recant their prior testimonies. With that evidence, we successfully defended Ngirabatware’s conviction for genocide and have now indicted six individuals for contempt of court, including Mr. Ngirabatware himself. |
恩吉拉巴图瓦雷先生本人。这些结果向曾在卢旺达问题国际刑事法庭(卢旺达问题国际法庭)、前南斯拉夫问题国际法庭(前南法庭)或余留机制作证的所有证人明确表明,他们继续享有余留机制的保护。为了司法公正,余留机制必须为被定罪人员提供机会,在合法的新事实出现之后,可寻求对其定罪情况进行复核。与此同时,我的办公室坚决反对任何企图通过实施进一步犯罪来破坏卢旺达问题国际法庭、前南法庭或余留机制的判决之举。该案中的这类藐视法庭之举构成一种否认灭绝种族罪的方式,为了和平、和解和真相,必须予以反对。 | Those results are a clear demonstration to all witnesses who testified before the International Criminal Tribunal for Rwanda (ICTR), the International Tribunal for the Former Yugoslavia (ICTY) and the Mechanism that they continue to enjoy the Mechanism’s protection. For the fair administration of justice, it is necessary that the Mechanism provide the opportunity to convicted persons to seek review of their convictions when legitimate new facts arise. At the same time, my Office will firmly stand against any attempt to undermine the judgments of the ICTR, the ICTY and the Mechanism through the commission of further crimes. Such contempt of court, as in that case, constitutes a form of genocide denial that must be opposed, for the sake of peace, reconciliation and the truth. |
我以前曾向安理会报告,我的办公室采取了一些重要措施来加强我们的活动,以找到和逮捕其余8名被卢旺达问题国际法庭定罪的逃犯。这是我的办公室最重要的余留职能之一。在过去两年里,我们经过改革和重新开展努力,已经找到了若干可采取行动的重要线索。遗憾的是,我今天必须报告,我们没有从某些会员国获得我们所需要的合作。我深感遗憾的是,南非长期不执行余留机制的逮捕令。自从我的办公 | As I have previously reported to the Council, my Office has been taking a number of important measures to strengthen our activities to locate and arrest the remaining eight fugitives indicted by the ICTR. That is one of my Office’s most important residual functions. Over the past two years, our reforms and renewed efforts have generated a number of important actionable leads. Unfortunately, I must report today that we are not obtaining the cooperation that we need from some Member States. I deeply regret South Africa’s long-standing failure to execute a Mechanism arrest warrant. |
南非长期不执行余留机制的逮捕令。自从我的办公室于2018年8月正式获悉有一名逃犯在南非被发现以来,我力图与南非当局一道努力,以确保将逃犯逮捕归案。在任何时候,我们都力求酌情处理这一事项,尊重南非的主权。在过去一年进行的讨论中,南非提出不断变化的理由说明它不能采取行动的原因。对于构成的每一项挑战,我的办公室都寻求与南非合作,并寻找克服这些挑战的办法。令我们失望的是,情形依然如故,这迫使我在前两次通报会(见S/PV.8576和S/PV.8416)期间提出这一事项。 | Since my Office was officially notified in August 2018 that one of the fugitives had been located in South Africa, I have endeavoured to work with South African authorities to secure the fugitive’s arrest. At all times we have sought to handle this matter with discretion and respect for South Africa’s sovereignty. During discussions that have taken place over the past year, South Africa provided changing reasons as to why it could not act. For each and every challenge that was posed, my Office sought to work with South Africa and find solutions to overcome them. To our disappointment, the situation remained the same, which obliged me to raise this matter during my previous two briefings (see S/PV.8576 and S/PV.8416). |
在7月份得到即将进行合作的保证后,我谨慎乐观地认为将会迅速实施逮捕。9月份,我的办公室接到南非的正式答复,在经过一年多的讨论之后,南非在答复中首次通知我们,它无法给予合作,因为它本国缺乏必要的立法。当时,我的办公室对此感到大为惊讶。我们迅速作出回应,重申南非有义务根据《联合国宪章》第七章开展合作,并再次请求立即逮捕逃犯。 | After assurances in July that cooperation would be forthcoming, I was cautiously optimistic that the arrest would take place expeditiously. My Office was greatly surprised then to receive in September a formal response from South Africa informing us, for the first time after more than a year of discussions, that it could not cooperate because it lacked the necessary domestic legislation. We quickly responded by reaffirming South Africa’s obligation to cooperate under Chapter VII of the Charter of the United Nations and reiterating our request for the fugitive’s prompt arrest. |
在我们向安全理事会提交至关重要的书面报告之后,南非上周通知我们,它最终将逮捕令提交给主管司法当局执行。虽然我们欢迎在近一年半的无所作为之后采取的这一程序性步骤,但事实是,此时此刻,逃犯依然逍遥法外。在这一后期阶段,唯有立即逮捕逃犯,受害者和安理会才会感到满意。 | After we had submitted our critical written report to the Security Council, South Africa last week informed us that it had finally submitted the arrest warrant to the competent judicial authorities for execution. While we welcome that procedural step after nearly one and a half years of inaction, the fact is that while we are speaking today, the fugitive remains at large. At this late stage, neither the victims nor the Council can be satisfied with anything less than the fugitive’s immediate arrest. |
在其它方面,我们在获得合作方面也面临挑战。我的办公室正在提供有价值的情报和线索——电话号码、居住地、身份证件、旅行细节,等等。我们已经提出许多紧急援助请求,特别是向东部和南部非洲国家提出这些请求,以便根据这些线索采取后续行动。然而,许多时限紧急的重要请求提出一年多后仍未得到答复。除其它问题外,我们有可信的信息表明,一些逃犯得以采取非法和贿赂手段从一些不同国家获得护照,从而能够自由越境,规避我们的努力。然而,国家当局没有让我们接触到所需的人员和信息,或者以其它方式紧急对待我们的请求。安全理事会一再敦促会员国为搜寻逃犯提供一切必要的合作。可悲的是,一些国家没有听到这一信息。当安理会一名成员连续16个月没能逮捕一名因灭绝种族罪而被通缉的逃犯时,这无疑发出了错误的信号。 | In other areas we are also facing challenges in obtaining cooperation. My Office is generating valuable intelligence and leads — telephone numbers, places of residence, identification documents, travel details and more. We have submitted numerous urgent requests for assistance, particularly to countries in East and southern Africa, to follow up on those leads. However, many time-sensitive, important requests have remained unanswered for more than a year. Among other issues, we have credible information that some fugitives have been able to illegally and corruptly procure passports from a number of different countries, which has enabled them to freely cross borders and evade our efforts. National authorities have not, however, provided us with access to the persons and information that we need, or otherwise treated our requests with urgency. The Security Council has repeatedly urged Member States to provide all necessary cooperation in the search for the fugitives. That message, sadly, is not being heard by some States. And when a member of the Council fails for 16 months to arrest a fugitive wanted for genocide, it definitely sends the wrong signal. |
今年是卢旺达灭绝种族大屠杀发生二十五周年。受害者等待太久,但仍看不到这些逃犯被绳之以法。我们能否成功,取决于会员国及时有效的合作。 | This year marked the twenty-fifth anniversary of the Rwandan genocide. The victims have waited far too long to see those fugitives brought to justice. Our success depends on timely and effective cooperation from Member States. |
关于国家起诉在卢旺达和前南斯拉夫犯下的罪行,我的书面报告详细深入阐述了这些起诉的现状和挑战。显然,若要大力为更多受害者伸张正义,仍有大量工作要做。我的办公室继续收到国家当局提出的大量援助请求,这显然表明,国内调查和起诉工作正在进行当中。但不幸的是,美化既决战犯 | In relation to national prosecutions of crimes committed in Rwanda and the former Yugoslavia, my written report provides detailed insight into their current status and challenges. It is clear that much more remains to be done to achieve more justice for more victims. My Office continues to receive a large number of requests for assistance from national authorities, which is a tangible demonstration of the fact that domestic investigations and prosecutions are under way. |
诉工作正在进行当中。但不幸的是,美化既决战犯和抵赖罪行——包括否认灭绝种族大屠杀——继续对追责与和解构成重大挑战。 | Unfortunately, however, the glorification of convicted war criminals and the denial of crimes — including genocide denial — continue to pose significant challenges to accountability and reconciliation. |
虽然我的办公室正在做出重大努力,寻找被卢旺达问题国际法庭起诉的其余8名逃犯,但卢旺达当局正在搜寻至少另外500名涉嫌参与灭绝种族大屠杀的逃犯。我们仍致力于支持卢旺达检察长及其办公室的这些努力,我们的合作继续朝着积极的方向发展。然而,仍有人沆瀣一气,否认卢旺达的灭绝种族大屠杀,在卢旺达的侨界尤为如此。一些人宣扬极力压减灭绝种族大屠杀规模的修正主义说辞。另有人继续否认实施这些罪行的意图是全部或部分消灭图西族。 | While my Office is undertaking significant efforts to locate the eight remaining fugitives indicted by the ICTR, Rwandan authorities are searching for at least 500 additional fugitives suspected to have participated in the genocide. We remain committed to supporting the Prosecutor General of Rwanda and his Office in those efforts, and our cooperation continues to develop in a positive direction. Nonetheless, there are still concerted efforts to deny the Rwandan genocide, particularly among Rwanda diaspora communities. Some promote revisionist accounts that minimize the scale of the genocide. Others continue to deny that the crimeswere committed with the intent to destroy the Tutsi group in whole or in part. |
关于前南斯拉夫,国家当局现在负有为战争罪伸张正义的主要责任。数以千计的案件仍需由国家法院处理,只有区域司法合作有了重大改观,国家法院才有可能处理这些案件。 | In relation to the former Yugoslavia, national authorities now have primary responsibility for achieving justice for war crimes. Thousands of cases still need to be processed by national courts, which will be possible only with significant improvements in regional judicial cooperation. |
我们对检察官同僚的支持仍是取得进展的一个重要方面。应塞尔维亚共和国战争罪检察官的请求,我的办公室上周为新任副检察官和法律助理提供了为期五天的入职培训,并得到荷兰的慷慨资助。明年初,我的办公室也将应波斯尼亚和黑塞哥维那检察官办公室的请求,为其开办一门关于起诉性暴力行为的高级培训课程。 | Our support for colleague prosecutors remains an important area of development. At the request of the War Crimes Prosecutor of the Republic of Serbia, last week my Office provided a five-day induction training for new deputy prosecutors and legal assistants, which was generously funded by the Netherlands. Early next year my Office will similarly deliver an advanced training programme on prosecuting sexual violence for the Prosecutor’s Office of Bosnia and Herzegovina, at its request. |
但与此同时,多年来,我的书面报告着重强调,抵赖罪行和美化既决战犯的现象在前南斯拉夫无处不见,而且局势继续恶化。这种氛围对国家惩治战争罪产生负面影响,当族群日益疏远而非关系更加密切时,就不可能谈论有意义的和解。要理解这个问题,只消要看看一些政客的所作所为。他们不会通过承诺和解或搭建与其它族群沟通的桥梁拉选票。相反,政客们认为,他们通过否认暴行和颂扬其责任人赢得选举。一些人宣扬修正主义历史,而另一些人则试图通过纪念而不是谴责战犯来赢得选票。 | Yet at the same time, for a number of years my written reports have underscored that the denial of crimes and the glorification of convicted war criminals are pervasive throughout the former Yugoslavia, and the situation continues to get worse. Such a climate has a negative impact on national justice for war crimes, and it is impossible to speak about meaningful reconciliation when communities are growing further apart, not closer together. To understand the problem, one need only look at the actions of some politicians. They do not seek votes by promising reconciliation or by building bridges to other communities. Instead, politicians believe that they win elections by denying atrocities and glorifying those responsible. Some promote revisionist histories, while others try to gain votes by commemorating, rather than condemning, war criminals. |
在卢旺达和前南斯拉夫,检察官、法官、民间社会及其他人继续努力将滔天罪行实施者绳之以法,建立法治并促进和解。他们一如既往地需要我们的帮助和支持。 | In Rwanda and the former Yugoslavia, prosecutors, judges, civil society and others continue fighting to bring the perpetrators of the most horrific crimes to justice, establish the rule of law and promote reconciliation. They need our help and support as much as ever. |
最后,我的办公室坚定地致力于高效和有效地履行我们的其余职责。在这方面,我们完全支持内部监督事务厅目前正在进行的评估。 | In conclusion, my Office is firmly focused on completing our remaining functions efficiently and effectively. In that regard, we fully support the evaluation currently being conducted by the Office of Internal Oversight Services. |
我的办公室在搜寻逃犯方面需要安理会的支持。一些会员国不遵守提供必要合作的义务。安理会可以向所有会员国发出一个明确的信息,着力强调搜寻逃犯在当今对于国际和平与安全依然至关重要。我们还继续致力于支持国家当局继续执行卢旺达问题国际法庭和前南问题国际法庭的完成工作战略,以便能够实现更大的正义。我们感谢安理会持续支持我们的一切努力。 | My Office needs the Council’s support in the search for the fugitives. Some Member States are not adhering to their obligations of providing the needed cooperation. The Council can send a clear message to all Member States underscoring that the search for the fugitives is still vital to international peace and security today. We also remain committed to providing our support to national authorities in their continued implementation of the ICTR and ICTY completion strategies so that greater justice can be achieved. We are grateful for the continued support of the Council in all of our efforts. |
主席(以英语发言):我感谢布拉默茨检察官的通报。 | The President: I thank Prosecutor Brammertz for his briefing. |
我现在请希望发言的安理会成员发言。 | I shall now give the floor to those Council members who wish to make statements. |
波波利齐奥·巴尔达雷斯先生(秘鲁)(以西班牙语发言):我们感谢召开本次会议,并感谢两 | Mr. Popolizio Bardales (Peru) (spoke in Spanish): |
班牙语发言):我们感谢召开本次会议,并感谢两个国际法庭余留事项国际处理机制主席卡梅尔·阿吉乌斯法官及其检察官塞尔日·布拉默茨先生所作的富有见地通报。 | We are grateful for the convening of this meeting and for the insightful briefings given by Judge Carmel Agius, President of the International Residual Mechanism of the International Tribunals, and its Prosecutor, Mr. Serge Brammertz. |
我要强调余留事项处理机制的工作在加强和促进国际司法方面的重要性,这不仅有助于打击有罪不罚现象和阻遏犯下滔天罪行,而且有助于促进和解和为受害者提供有效对策。 | I would like to underscore the importance that the work of the Residual Mechanism has in the strengthening and promotion of international justice, which contribute not only to combating impunity and deterring against the perpetration of the most heinous crimes, but also to promoting reconciliation and offering effective responses to victims. |
我们赞扬余留机制在报告(见S/2019/622)所述期间以积极、高效和透明的方式开展活动,包括在其司法议程中列入旨在加强国际刑法的职能,如答复援助请求、保存历史档案、监测移交国家法院的案件以及参加关于适用普遍司法的纪念仪式和会议。 | We commend the positive, efficient and transparent manner in which the Mechanism executed its activities during the period covered by the report (see S/2019/622), including on its judicial agenda such functions designed to reinforce international criminal law as responding to requests for assistance, preserving historic archives, monitoring cases referred to national courts and participating in commemorative ceremonies and conferences on the application of universal justice. |
各国的合作对于履行所有这些职能,包括检察官的工作至关重要,因为各国有责任执行发布的判决和命令,并回应援助和起诉请求。因此,我们谨 | The cooperation of States is essential to the fulfilment of all of those functions, including the work of the Prosecutor, as it is States that are responsible for enforcing the sentences and orders issued and responding to requests for assistance and prosecution. |
决和命令,并回应援助和起诉请求。因此,我们谨提请特别注意非洲和欧洲各国政府继续提供支持,以确保既决犯能够在各自国家服刑。 | We would therefore like to draw special attention to the continued support offered by diverse African and European Governments to ensure that convicted persons can serve their sentences in their respective countries. |
我们还欢迎强调规范余留事项处理机制海牙和阿鲁沙分支机构工作的做法,特别是为统一工作系统和采纳最佳做法所做的努力,以及在拘留中心核查方面与红十字国际委员会的合作。 | We also welcome the emphasis that has been placed on standardizing work across the Residual Mechanism’s branches in The Hague and Arusha, particularly efforts aimed at harmonizing work systems and applying best practices, and on cooperation with the International Committee of the Red Cross in relation to the verification of detention centres. |
同样值得称道的是,余留机制为加强起诉前南斯拉夫和卢旺达境内战争罪的能力采取了这些举措,其立足点是与国家当局形成合力,传播经验教训并提供具体援助。 | Also commendable are those initiatives that the Mechanism has put in place to strengthen capacities for prosecuting war crimes in the former Yugoslavia and Rwanda, which are based on generating synergies with national authorities, transmitting lessons learned and providing specific assistance. |
我们还欢迎余留机制作出努力,通过为感兴趣的公众成员参加公开会议提供便利和接待来自不同国家的专业人员代表团考察访问并举办培训,使他们能够更好地利用机制的工作。 | We also welcome the efforts made to make the work of the Mechanism more accessible to interested members of the public by facilitating their participation in public meetings and hosting study visits and training programmes for delegations of professionals from various countries. |
为了实现并维护这些目标,必须保证为余留机制提供充足资金,同时铭记在报告中预想的时间表。同样至关重要的是,各国应向余留机制提供政治支持,从而继续加强该机制的重要工作和对机制的认识。 | To fulfil and maintain these objectives, it will be necessary to guarantee the provision of adequate financing for the Mechanism, bearing in mind the time periods foreseen in the report. It is also essential that States lend it their political support in order to continue strengthening the Mechanism’s important work and awareness thereof. |
最后,我谨强调秘书处和联合国法律事务厅向余留机制和国际法庭问题非正式工作组提供的宝贵支持,秘鲁有幸担任了该工作组的主席。与此同时,我谨强调,安理会必须保持团结一致,支持余留机制及其重要的历史工作,并且保护其遗产。 | I wish to conclude by highlighting the invaluable support provided by the Secretariat and the United Nations Office of Legal Affairs, both to the Mechanism and to the Informal Working Group on International Tribunals, which Peru has the honour to chair. At the same time, I wish to underline the need for the Council to remain united in its support for the Residual Mechanism and its vital and historical work, as well as the preservation of its legacy. |
弗罗内茨卡女士(波兰)(以英语发言):我谨感谢卡梅尔·阿吉乌斯主席和塞尔日·布拉默茨检察官所作的全面通报。请允许我表示,我们赞赏他们坚定致力并出色领导了确保究责的努力,为刑事法庭余留事项国际处理机制的有效运作作出贡献。 | Ms. Wronecka (Poland): I would like to thank President Carmel Agius and Prosecutor Serge Brammertz for their comprehensive briefings. Let me express our appreciation for their firm commitment to, and skilful leadership of, efforts to ensure accountability, contributing to the efficient functioning of the International Residual Mechanism for Criminal Tribunals. |
波兰对所确定的优先事项感到鼓舞。我们赞扬把重点放在迅速结束司法程序,同时保持最高的正当程序和公平审判标准上。我们还赞赏开展活动以协调该机制两个分支机构之间的做法和程序,从而优化其效率,促进工作人员的高昂士气和业绩,考虑到繁重的工作量和人员缩编,这一点至关重要。此外,必须肯定为寻找和逮捕遭卢旺达问题国际刑事法庭(卢旺达问题国际法庭)起诉的剩余八名逃犯以及为国家司法机构起诉在前南斯拉夫和卢旺达境内所犯国际罪行提供能力建设和援助而开展的工作。我们还必须赞赏采取了措施为受害者和证人提 | Poland is encouraged by the priorities identified. We commend the focus on the expeditious completion of judicial proceedings while maintaining the highest due-process and fair-trial standards. We also appreciate the activities aimed at harmonizing practices and procedures between the Mechanism’s two branches, thereby optimizing its efficiency and fostering high staff morale and performance, which are crucial given the heavy workload and downsizing. Moreover, there is a need to recognize the work undertaken to locate and arrest the eight remaining fugitives indicted by the International Criminal Tribunal for Rwanda (ICTR) and in providing capacity-building and assistance to national jurisdictions prosecuting international crimes committed in the former Yugoslavia and in Rwanda. |
境内所犯国际罪行提供能力建设和援助而开展的工作。我们还必须赞赏采取了措施为受害者和证人提供保护和支持,并且创造条件,以便执行判决和安置目前居住在阿鲁沙的无罪释放和刑满获释人员。 | We must also acknowledge the steps taken to provide protection and support to victims and witnesses and allow for the enforcement of sentences and the resettlement of the acquitted and released persons currently living in Arusha. |
我们欢迎余留机制在履行卢旺达问题国际法庭和前南斯拉夫问题国际刑事法庭基本余留职能方面取得了重大进展,这归功于其主席、检察官以及工作人员的不懈努力。我们还欣见,有望取得进一步进展。我们赞赏地注意到,余留机制主席指示机制工作人员充分配合内部监督事务厅的评估。因此,我们同意对机制在本报告所述期间工作的积极评价,并期待它取得更多成就。波兰认识到,余留机制面临挑战,包括可用资源、在寻找、逮捕和移交逃犯方面的合作以及安置居住在阿鲁沙的无罪释放和刑满获释人员等方面挑战。我们愿重申安全理事会多次发出的呼吁,即 | We welcome the significant progress that the Mechanism has achieved, thanks to the dedicated efforts of its President, Prosecutor and staff, in carrying out the essential residual functions of the ICTR and the International Criminal Tribunal for the Former Yugoslavia. We also welcome the prospects for further progress. We note with appreciation the President’s direction to Mechanism staff to cooperate fully with the evaluation of the Office of Internal Oversight Services. Consequently, we agree with the positive assessment of the Mechanism’s functioning in the reporting period and look forward to its further achievements. |
挑战。我们愿重申安全理事会多次发出的呼吁,即所有国家应加强与机制的合作,并向其提供一切必要援助。必须与余留机制通力合作,以便逮捕和移交逃犯、执行判决,并且找到长期解决办法,安置居住在阿鲁沙的无罪释放和刑满获释人员。我们呼吁各国展现出对问责与和解的支持,支持实现这些目标的进程,反对否认犯罪和美化被定罪罪犯的行为,并且加强与其他国家的司法合作。我们还敦促各国通过加强与余留机制的合作和批准其预算来展现对国际刑事司法的支持,这将使余留机制能够在2020年完成其大部分现有司法工作,在此之后把重点放在履行赋予它的余留职能上。 | Poland acknowledges the challenges that the Mechanism faces, including those related to the availability of resources, cooperation with regard to locating, arresting and surrendering the fugitives and the relocation of acquitted and released persons residing in Arusha. We would like to reiterate the Security Council’s repeated call upon all States to intensify cooperation with, and render all necessary assistance to, the Mechanism. There is a need for full cooperation with the Mechanism in the arrest and transfer of fugitives and the enforcement of sentences, as well as in finding a permanent solution in order to relocate the acquitted and released persons residing in Arusha. We call on States to demonstrate their support for accountability and reconciliation by providing support for the processes leading towards those goals, countering the denial of crimes and the glorification of convicted criminals and increasing judicial cooperation with other States. We also urge States to show support for international criminal justice by stepping up cooperation with the Mechanism and approving its budget, which would allow it to conclude most of its existing judicial work in 2020 and focus on carrying out its mandated remaining residual functions thereafter. |
请允许我重申,包括余留机制在内的国际刑事司法机构在打击有罪不罚现象方面往往发挥着关键作用,这有助于遏制国际社会关切的最严重罪行,并且维护基于规则的国际秩序。波兰仍然致力于上述各项工作,我们继续支持该机制,并随时准备与它合作。我们再次呼吁其他国家采取同样的立场。 | Let me reiterate that international criminal justice institutions, including the Mechanism, often play a crucial role in fighting impunity, which can contribute to the deterrence of the most serious crimes of international concern and to the maintenance of an international rules-based order. Poland remains committed to all of the aforementioned and continues to support the Mechanism and stands ready to cooperate with it. We reiterate our call on others to adopt the same stance. |
刘洋先生(中国):中方感谢阿吉乌斯庭长和布拉默茨检察官就国际刑庭余留机制近期工作所做报告。 | Mr. Liu Yang (China) (spoke in Chinese): China wishes to thank President Agius and Prosecutor Brammertz for their briefings on the recent work of the International Residual Mechanism for Criminal Tribunals (IRMCT). |
中方注意到,在过去六个月中,余留机制的司法活动续有进展。根据余留机制此前所作预估,有关剩余案件将在2020年底结案。中方希望,余留机制继续基于该时间表,务实、高效推进相关案件。 | China takes note of the gradual progress in the Mechanism’s judicial activities in the past six months. Based on the Mechanism’s earlier projections, the remaining cases will be completed by the end of 2020. China hopes that the Mechanism can continue to make headway with the cases concerned in a pragmatic and efficient manner on the basis of the set timelines. |
中方注意到,本报告期间内,在阿吉乌斯庭长的领导下,余留机制在确保高效及时地完成剩余司法程序、加强分支机构间协调以及改善员工工作环境等方面持续作出努力,还通过远程会议加强全体法官之间的沟通。检察官办公室继续努力追查和逮捕被卢旺达问题国际刑庭起诉的逃犯。上述举措对推进余留机制工作具有积极意义。 | China notes that during the reporting period, the Mechanism, led by President Agius, has made continued efforts to ensure the efficient and timely conclusion of residual judicial proceedings, enhance inter-branch coordination and foster a better working environment for its staff, inter alia. A remote plenary was also held to increase communication among all judges. The Office of the Prosecutor has continued its efforts to track down and apprehend the fugitives at large indicted by the International Criminal Tribunal for Rwanda. All these measures have had a positive impact on the advancement of the Mechanism’s work. |
中方欣见,余留机制采取措施,落实安理会第2422(2018)号决议有关要求,更加审慎地处理提前释放被定罪人员问题。中方希望,余留机制继续开展行动,执行联合国内部监督事务厅在有关审计和评价报告中提出的建议,不断改进相关工作。 | China welcomes the measures taken by the Mechanism to implement resolution 2422 (2018) in order to take a more prudent approach to addressing the issue of the early release of the persons convicted. We hope that the Mechanism will continue to take steps to implement the recommendations of the United Nations Office of Internal Oversight Services in its related audit and evaluation reports, with a view to the continuous improvement of its work. |
中方重申,根据安理会相关决议,余留机制应是一个高效率的小型临时机构,其职能和规模将随时间推移逐渐缩减。中方希望,余留机制继续依循安理会有关决议要求开展活动。 | China wishes to reiterate that, pursuant to the Council resolutions adopted on this matter, the IRMCT is a small, temporary and efficient structure, the function and size of which will diminish over time. We hope to see the Mechanism continue to carry out its activities in accordance with Council resolutions in this regard. |
最后,我愿借此机会感谢安理会国际法庭问题非正式工作组主席秘鲁以及联合国秘书处法律事务部在协调安理会与余留机制工作方面付出的努力。 | Finally, I wish to take this opportunity to thank Peru, as Chair of the Informal Working Group on International Tribunals, as well as the Office of Legal Affairs of the United Nations Secretariat, for their coordination between the Council and the Mechanism. |
加斯里夫人(法国)(以法语发言):首先,我也要感谢阿吉乌斯主席和布拉默茨检察官介绍刑事法庭余留事项国际处理机制的第十五次报告(S/2019/888,附件一和二)。我谨向他们保证,随着该机制作为自主机构的第一个两年期接近尾声,我国代表团将给予全力支持。 | Mrs. Gasri (France) (spoke in French): I, too, would like to start by thanking President Agius and Prosecutor Brammertz for their presentation of the fifteenth report of the International Residual Mechanism for Criminal Tribunals (S/2019/888, annexes I and II). I wish to assure them of my delegation’s full support as the Mechanism’s first biennium as an autonomous institution draws to a close. |
法国欢迎为在2020年底前结束案件所做的重大努力。关于海牙分支机构,法国注意到姆拉迪奇上诉听证会的筹备工作,我们希望很快将宣布进行听证。法国还欢迎斯塔尼希奇和西马托维奇案审判工作取得进展。关于阿鲁沙分支,我们欢迎上诉分庭今年9月作出了复核判决,并注意到两起伪证和藐视法庭案件可能合并审理。此外,我们欢迎主席改 | France welcomes the significant efforts made to close the cases currently under way by the end of 2020. With regard to The Hague branch, France takes note of the preparations for a hearing in the Mladić appeal, which we hope will be announced soon. France also welcomes the progress of the work in trial proceedings for the Stanišić and Simatović case. With regard to the Arusha branch, we welcome the revised judgment handed down by the Appeals Chamber in September and take note of the possible joinder of the two cases of false testimony and contempt. |
视法庭案件可能合并审理。此外,我们欢迎主席改变做法,考虑到涉及相关囚犯改邪归正的各方面问题以及所有利益攸关方的观点,就提前释放的要求作出决定。我们注意到有可能更新《关于被前南斯拉夫问题国际刑事法庭和卢旺达问题国际刑事法庭及余留机制定罪者赦免、减刑和缓刑问题的申请书处理程序实务指南》,我们也继续鼓励该机制根据第2422(2018)号决议也采取有条件的提前释放制度。我们认为,这样一种制度将有利于加强国际判 | Furthermore, we welcome the changes in the practice followed by the President to decide on requests for early release by taking into account all aspects related to the rehabilitation of the prisoner in question and the points of view of all stakeholders. We note the prospect of updating the Practice Direction on the Procedure for the Determination of Applications for Pardon, Commutation of Sentence and Early Release of Persons Convicted by the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda and the Mechanism, and we continue to encourage the Mechanism to adopt a conditional early-release regime as well, in accordance with resolution 2422 (2018). |
度。我们认为,这样一种制度将有利于加强国际判例。 | We believe that such a regime will usefully enhance international jurisprudence. |
关于合作,法国谨指出,每个国家都须配合余留机制搜寻、逮捕和移送卢旺达问题国际刑事法庭(卢旺达问题国际法庭)起诉的八名逃犯,并执行已发出的逮捕令。我们感到遗憾的是,一些国家没有尽其所能履行这一义务。法国一直在全力配合这一努力,每年都对余留机制多次就刑事问题提出的互助要求作出回应。关于卢旺达问题国际法庭已移交给法国司法当局的案件,自上次通报以来(见S/PV.8416)至今,法国最高法院,即最高上诉法院法院,于10月30日就穆尼耶什亚卡一案发布判决,即维持原判、驳回案件,使得该案宣告审结。法国重申其对审结布西巴拉塔一案的充分承诺。我们希望在不久的将来宣布该案的审判日期。 | With regard to cooperation, France would like to point out that every State is required to cooperate with the Mechanism in the search for, arrest and transfer of the eight fugitives indicted by the International Criminal Tribunal for Rwanda (ICTR) and to execute the issued arrest warrants. We regret that some States are not doing everything they can to comply with that obligation. France has been fully cooperating in that effort by responding every year to the Mechanism’s multiple requests for mutual assistance in criminal matters. With regard to the cases that the ICTR has transferred to the French judicial authorities, the period since the last briefing (see S/PV.8416) has been marked by the conclusion of the Munyeshyaka case by the judgment issued on 30 October by the Court of Cassation, France’s highest court, which upheld its dismissal. France reaffirms its full commitment to bringing the Bucyibaruta case to a conclusion. We hope that a trial date for that case will announced in the near future. |
正如阿吉乌斯主席强调的那样,该机制的工作不限于司法活动。保护3000多名证人极为重要,我们欢迎基加利和萨拉热窝分支机构在这方面所作的努力。我们还欢迎自今年年初以来与欧洲联盟开展项目,目的在于提高受影响的社区以及前南斯拉夫国家的年轻一代对于刑庭遗产和余留机制正在进行的工作的认识。1990年代冲突期间西巴尔干地区特 | As President Agius underscored, the work of the Mechanism is not limited to judicial activities. The protection of the more than 3,000 witnesses is extremely important, and we welcome the efforts of the Kigali and Sarajevo branches in that regard. We also welcome the projects that have been carried out with the European Union since the beginning of the year with the aim of raising awareness in the communities affected and among the younger generations in the countries of the former Yugoslavia with regard the Criminal Tribunal’s legacy and the Mechanism’s ongoing work. |
的工作的认识。1990年代冲突期间西巴尔干地区特别是1999年科索沃发生的行为最近引发争议,在此情况下,这种保存记忆的努力尤其重要。我们敦促所有有关领导人不要发表否认事实和所犯罪行的言论。否认灭绝种族罪行以及美化前南斯拉夫问题国际法庭、卢旺达问题国际法庭以及后来的余留机制经公正和独立程序而予以定罪的战争罪犯是不可接受的。处理这些问题的国家司法系统也必须能够完全公正和独立地开展工作。 | Such efforts to preserve memory are particularly essential in the context of recent controversies arising from acts committed during the conflicts of the 1990s in the Western Balkans and especially in Kosovo in 1999. We urge all leaders involved to refrain from statements denying the established facts and the crimes committed. Denials of genocide and the glorification of war criminals convicted by the International Tribunal for the Former Yugoslavia, the ICTR and subsequently the Mechanism, following impartial and independent proceedings, are unacceptable. The national justice systems that are seized of these matters must also be able to carry out their work with complete impartiality and independence. |
余留机制要想在明年年底之前在两大洲开展所有这些活动并完成程序,就必须要有足够的财政资源。它还必须继续使两个分支共享资源,比如说建立共享档案数据库。要想有效、持续运作,就必须这样做。它在2020年之后将以真正的余留方式继续开展工作。安全理事会对内部监督事务厅工作的审查将为再次讨论这些问题提供机会。 | In order to carry out all these activities on two continents and complete its proceedings before the end of next year, the Mechanism must be able to count on adequate financial resources. It also has to continue sharing resources between the two divisions, as exemplified by the establishment of a shared archival database. That is crucial if it is to function effectively and consistently, which will continue in a truly residual fashion after 2020. The Security Council’s review of the work of the Office of Internal Oversight Services will provide an occasion to discuss these matters once again. |
斯伊哈布先生(印度尼西亚)(以英语发言):首先,我感谢卡梅尔·阿吉乌斯法官和检察官塞尔日·布拉默茨各自的报告以及他们就国际刑事法庭余留事项处理机制正在开展的工作所作的有趣且有见地的通报。在此关头,我要重申,印度尼西亚致力于加强法治和促进正义,支持该机制作为安全理事会结束有罪不罚现象和确保追究责任的工具开展工作。今天,我将重点谈三个问题。 | Mr. Syihab (Indonesia): Let me begin by thanking Judge Carmel Agius and Prosecutor Serge Brammertz for their respective reports and interesting and insightful briefings on the ongoing work of the International Residual Mechanism for Criminal Tribunals. At this juncture, I want to reaffirm Indonesia’s commitment to strengthening the rule of law and promoting justice by supporting the work of the Mechanism as an instrument of the Security Council for ending impunity and ensuring accountability. Today I will focus on three issues. |
我要谈的第一点涉及该机制的职能活动。我们对该机制的优先事项感到鼓舞,特别是它把重点放在及时完成司法程序,同时又保持适当程序和公正审判方面的最高国际标准上。我们还赞扬该机制负责人、法官和工作人员决心切实伸张正义,切实高效履行其方方面面的任务。此外,余留机制为简化其各分支机构的工作和促进工作人员高昂的士气进而优化效率所采用的创新高效办法值得认可。在这方面,2020年对于该机制能否像第1966(2010)号决议所设想的那样,取得成功以及切实实现缩编将具有关键意义,所以我们必须要能够向安理会提供协助,保证为该机制提供充足的资金和必要的政治支持,以确保它日益接近2020年后的设想。 | My first point concerns the Mechanism’s functional activities. We are encouraged by the Mechanism’s priorities, and especially its focus on the timely completion of its judicial proceedings, while maintaining the highest international standards for due process and fair trials. We also commend the determination of the principals, judges and staff of the Mechanism to deliver meaningful justice and to fulfil all aspects of its mandate effectively and efficiently. Additionally, the innovative and efficient solutions that the Mechanism has adopted to streamline its working methods across its branches and foster high staff morale, thereby optimizing efficiency, deserve recognition. In that regard, since 2020 will be key to the success of the Mechanism and its ability to meaningfully downsize, as envisaged in resolution 1966 (2010), we must be able to render the Council assistance in securing adequate funding and the necessary political support to ensure that it is moving closer to the post-2020 scenario. |
我要谈的第二点涉及余留机制与卢旺达和前南斯拉夫国家的接触。我们赞扬该机制继续努力与卢旺达政府和人民以及前南斯拉夫各国包括受害者团体建立更牢固的关系。为此,我们鼓励余留机制继续开展重要活动,向卢旺达国家当局和前南斯拉夫国家提供有效协助,承担起对移交给国家法院的案件进行监督的责任。由于消除有罪不罚现象以及法办国际法规定的最严重罪行的责任人的主要责任在于各国,因此,必须向国家司法当局提供咨询、协助和支持。 | My second point concerns the Mechanism’s engagement with Rwanda and the States of the former Yugoslavia. We commend its continuing efforts to foster a stronger relationship with the Governments and peoples of Rwanda and the States of the former Yugoslavia, including victims’ groups. In line with that, we encourage the Mechanism to continue its important activities to provide effective assistance to the national authorities of Rwanda and the States of the former Yugoslavia and take on its responsibility to monitor cases that have been referred to national courts. As States have the primary responsibility to end impunity and bring to justice those who are responsible for the most serious crimes under international law, it is important that the national judicial authorities are advised, assisted and supported. |
因而,我要谈谈最后一点,那就是各国的合作。我们谨提醒安理会,各国需要与余留机制合作,包括遵守与余留机制所审案件有关的命令和协助请求。我们注意到检察官要求逮捕和交出其余逃犯。因此,我们谨呼吁安全理事会根据有关决议,特别是被怀疑为逃犯在逃的国家,加强对该机制的配合与协助。同时,我们必须与有关国家进行建设性接触,找到最佳的前进办法。确保各国履行国际义务至关重要,但同时也可以解决其具体关切。 | That leads to my last point, which is the cooperation of States. We want to remind the Council that States are required to cooperate with the Mechanism, including by complying with orders and requests for assistance related to cases before it. We note the requests by the Prosecutor pertaining to the arrest and surrender of the remaining fugitives. We would therefore like to call on States, particularly those where fugitives are suspected to be at large, to intensify their cooperation with and assistance to the Mechanism, in accordance with the relevant Security Council resolutions. At the same time, we must constructively engage with the States concerned in order to find the best possible way forward. It is crucial to ensure that their international obligations can be fulfilled, but that at the same time their specific concerns can also be addressed. |
最后,印度尼西亚谨借此机会赞扬所有在执行判决或其他方面继续一如既往地支持和配合余留机制的国家作出承诺。这将是在秘鲁领导安理会国际法庭问题非正式工作组期间进行的最后一次通报,因此,我也要对秘鲁及其整个代表团在领导非正式工作组方面的奉献精神和出色工作表示由衷的感谢。 | Lastly, Indonesia would like to take this opportunity to applaud the commitment of all countries that continue to consistently support and cooperate with the Mechanism, whether in enforcing sentences or in other areas. And since this will be the last briefing under Peru’s leadership of the Council’s Informal Working Group on International Tribunals, let me also express our sincere appreciation to Peru and its entire delegation for their dedication and excellent work in steering the Informal Working Group. |
辛格·魏辛格先生(多米尼加共和国)(以西班牙语发言):我们很高兴欢迎今天的通报人阿吉乌斯法官和布拉默茨检察官,我们对他们提交的全面报告表示感谢。诸如国际刑事法庭余留事项处理机制之类的机构的存在,对于建立不存在有罪不罚现象的社会至关重要。余留机制的工作再次确认了联合国对我们都渴望的保护人权和世界和平的承诺。我们赞扬该机制在图里纳博等人案、斯塔尼希奇案、西马托维奇案以及卡拉季奇案和姆拉迪奇案中取得进展。我们希望能够像阿吉乌斯主席在5月份的评估(S/2019/417,附件一)中所预期的那样,最迟到2020年审结未决案件。我们也肯定该司法机构为保护和支持约3150名证人所做的工作。 | Mr. Singer Weisinger (Dominican Republic) (spoke in Spanish): We are pleased to welcome today’s briefers, Judge Agius and Prosecutor Brammertz, to whom we express our gratitude for their comprehensive reports. The existence of bodies such as the International Residual Mechanism for Criminal Tribunals is crucial to achieving societies free of impunity. The work of the Residual Mechanism reaffirms the commitment of the United Nations to the protection of human rights and the world peace that we all long for. We commend the Mechanism’s progress in the cases of Turinabo et al., Stanišić and Simatović, and Karadžić and Mladić. We hope to see the conclusion of the outstanding cases by 2020, as anticipated by President Agius in his assessment in May (S/2019/417, annex I). We also recognize the work that this judicial body has done to protect and support some 3,150 witnesses. |
多米尼加共和国重申,它支持余留机制主席的工作,并特别赞扬主席注重和谐统一余留机制各分庭的要求、工作方法以及程序的任务,以旨在提高效率和一致性,实现余留机制2020年的各项目标。我们也支持阿吉乌斯先生呼吁国际社会加入各种双边和多边努力,就获释人员和服刑期满者的重新安置开展合作,根据相关国际标准,这些人有权恢复自己的证件,并且重新融入社会。 | The Dominican Republic reiterates its support for the work of the President of the Residual Mechanism, whom we especially commend for his dedication to the task of unifying and harmonizing the requirements, working methods and processes of the Chambers that make up the Mechanism with a view to increasing productivity and consistency and achieving its goals for 2020. We also support Mr. Agius’s call to the international community to join the bilateral and multilateral efforts to cooperate on the relocation of released persons and those who have served their sentences, who have a right to have their documents restored to them and to be reintegrated into society, in keeping with the relevant international standards. |
安全理事会成员也有义务与其授权成立的各种机构和办事处合作。因此,我们认为,在联合国的相关论坛支持余留机制的预算至关重要。即使余留机制主席已做出裁减和行政调整,分配充足的资金无疑对于余留机制的成功仍举足轻重。 | Security Council members also have an obligation to work with the bodies and offices established under its mandates. We therefore consider it vital to support the Mechanism’s budget in the relevant United Nations forum. Even with the cuts and administrative adjustments that the President of the Mechanism has made, there can be no question that the allocation of sufficient funds is essential to the Mechanism’s success. |
关于另一个问题,我们祝贺检察官办公室在起诉逃犯方面取得进展,在其最近的报告(S/2019/888,附件二)中对此有所描述。我们敦促国际社会表现出团结,合作查明、调查并且捉拿余留机制通缉的个人。此外,我们愿触及下令提前释放已被定罪者这个话题。我们关切的是,尽管在第2422(2018)号决议第10段中达成一致,但是尚无一系列具体条件对这些命令进行规范。我们认为,必须建立一个由受害者和受影响国家或社区参与其中的提前释放制度。 | On another note, we congratulate the Office of the Prosecutor on the progress made in prosecuting fugitives, as described in its most recent report (S/2019/888, annex II). We urge the international community to show solidarity and cooperate on the identification, investigation and capture of individuals sought by the Mechanism. In addition, we would like to touch on the subject of orders for the early release of convicted persons. We are concerned about the fact that such orders are not yet regulated by a specific set of conditions, despite what was agreed in paragraph 10 of resolution 2422 (2018). We believe that it is vital to set up an early-release regime that provides for the participation of victims and the States or communities affected. |
最后,我们谨借此机会,感谢国际法庭问题非正式工作组离任主席国秘鲁在其领导该工作组的两年中的出色工作。 | Finally, we would like to take this opportunity to express our gratitude to Peru, the outgoing Chair of the Informal Working Group on International Tribunals, for its excellent work during its two years leading the group. |
马布洪霍先生(南非)(以英语发言):首先,我谨感谢刑事法庭余留事项国际处理机制主席和检察官今天上午的详细通报。我们赞扬他们下大力气不断改进余留机制的运作。 | Mr. Mabhongo (South Africa): At the outset, I would like to thank the President and Prosecutor of the International Residual Mechanism for Criminal Tribunals for their detailed briefings this morning. We commend their significant efforts to constantly improve the functioning of the Mechanism. |
南非高度重视妇女与和平与安全问题,在拜读主席的报告(见S/2019/622)时,我们注意到,为实现工作人员中的性别平等做了大量工作。尽管全部工作人员中只有45%为女性令人遗憾,但是自上次报告所述期间以来,余留机制中的女性专业工作人员增加了2%,这尤为令人鼓舞。这给实现全体员工性别平等带来良好的兆头。南非还欢迎最近在联合国系统的活动中通过防止骚扰、包括性骚扰的行为守则,并且就一项专用于余留机制的骚扰政策继续开展工作。 | SouthAfrica places great emphasis on women, peace and security, and when we read the report of the President (see S/2019/622), our attention was drawn to the significant work that has been done to achieve gender parity among the personnel. While it is regrettable that only 45 per cent of the staff overall are female, it is particularly encouraging that there has been a 2 per cent increase in the members of the female professional staff of the Mechanism since the previous reporting period. That bodes well for achieving gender parity across all staff. South Africa also welcomes the recent adoption of a code of conduct for preventing harassment, including sexual harassment, at United Nations system events, as well as the continued work on a Mechanism-specific policy on harassment. |
在逃犯问题上,检察官对南非迄今在余留机制请求逮捕和移交一名逃犯方面的行动不足表示遗憾。据现有信息,该逃犯似乎身在南非。我们同样感到遗憾。南非充分遵守根据余留机制规约第28条所承担的义务,即:协助余留机制调查和起诉其管辖权范围内的各种罪行。延误对检察官做出积极回应绝不应被视为推卸这种义务。 | Regarding the issue of fugitives, the Prosecutor expressed regret about South Africa’s lack of action so far on the Mechanism’s requests for assistance in arresting and surrendering a fugitive who, according to available information, appears to be in South Africa. We echo that regret. South Africa fully respects its obligation to provide assistance to the Mechanism in the investigation and prosecution of crimes within its jurisdiction, in accordance with article 28 of the Mechanism’s statute, and the delay in positively responding to the Prosecutor should in no way be regarded as a repudiation of that obligation. |
南非一直与检察官办公室定期沟通,并多次与检察官会面,解释我们为落实该请求正采取的步骤。我高兴地宣布,经过国家层面的积极接触,国际逮捕令已得到南非国内法律的认可,这为援助请求生效铺平了道路。我们感谢检察官办公室努力开辟与南非有关当局沟通的渠道并随后开展建设性的对话。我们严肃对待我们的国际义务,并向余留机制和安全理事会保证:我们坚定地致力于打击有罪不罚,决心落实援助请求。我们将继续与检察官办公室合作,以确保将逃犯绳之以法。 | South Africa has been in regular communication with the Prosecutor’s Office and has met with the Prosecutor on several occasions to explain the steps we are taking to implement the request. Following active engagement at the national level, I am pleased to announce that the international arrest warrant has been endorsed in accordance with South Africa’s domestic law, paving the way to giving effect to the request for assistance. We appreciate the Prosecutor’s efforts to open channels of communication with the relevant South African authorities, and the constructive dialogue that has since ensued. We take our international obligations seriously and assure the Mechanism and the Security Council that we are firmly committed to combating impunity and implementing this request for assistance. We will continue to cooperate with the Prosecutor’s Office in order to ensure that the fugitive is brought to justice. |
最后,我们感谢检察官及其办公室在报告所述期间值得赞扬的工作。 | In conclusion, we thank the Prosecutor and his Office for their commendable work during the reporting period. |
库兹明先生(俄罗斯联邦)(以俄语发言):我们欢迎刑事法庭余留事项国际处理机制主席卡梅尔·阿吉乌斯先生和检察官塞尔日·布拉默茨先生。 | Mr. Kuzmin (Russian Federation) (spoke in Russian): We wish to welcome Mr. Carmel Agius and Mr. Serge Brammertz, the President and Prosecutor of the International Residual Mechanism for Criminal Tribunals. |
今天是12月11日,我们可以总结一下这一年的结果。不幸的是,25年前设立的两个法庭仍在拖累国际社会,其毫无用处的残部现在化身为新的余留机制。安全理事会曾试图在2010年和2014年关闭该机制,却无果而终。 | Today, on 11 December, we can sum up the year’s results. Unfortunately, the international community is still dragging around the useless remains of a pair of tribunals established a quarter of a century ago, now in the new incarnation of the Residual Mechanism. The Security Council’s attempts to shut it down in 2010 and 2014 were futile. |
前南斯拉夫问题国际法庭(前南问题国际法庭)存在的体系问题是,它是在某种特定的政治背景下设立的,进而染上司法以政治目的为动机的最恶劣特点。其判决的统计数据和内容鲜明地证实:在巴尔干争端的一团乱麻中,哪一方被蓄意宣判有罪。我们应该记得那些年对前南问题国际法庭无罪推定这一标准原则的冷嘲热讽,即:所有人均假定为无罪,直到被证明是塞族人。 | The systemic problem of the International Criminal Tribunal for the Former Yugoslavia (ICTY) was that having been established in a specific political context, it went on to embrace the worst features of politically driven justice. The statistics and content of its judgments are a stark testament to which side in the tangle of disputes in the Balkans was deliberately pronounced guilty. We should remember the cruel irony of those years regarding the status of the standard principle of the presumption of innocence in the ICTY, which was that everyone is presumed innocent until proven to be a Serb. |
余留机制继承了有缺陷的遗产,推动它的既不是司法,也不是公正,而是同样的从一开始就存在缺陷的假设。在报告所述期间,对塞族人拉多万·卡拉季奇的判刑经过审查,被尽可能延长。在法官们看来,判处一名74岁的老人40年监禁显然太轻,所以他被判处终身监禁。我们愿提请法庭的领导层注意,必须确保被告、特别是拉特科·姆拉迪奇得到及时和适当的医疗护理。我们希望他在余留机制的羁押设施里得到优质的护理和充足的治疗。我们仍在准备让其在俄罗斯联邦接受治疗。我们还呼吁余留机制在卢旺达问题的工作中恪守其职能。 | Alas, the Residual Mechanism has inherited a flawed legacy. It is driven neither by justice nor by fairness but rather by that same matrix, flawed from the very beginning. During the reporting period, the sentence of Radovan Karadžić, a Serb, was reviewed and extended for the maximum period possible. A 40-year prison sentence for a 74-year-old man was apparently too lenient, in the judges’ view, so he was sentenced to life. We would like to draw the attention of the Tribunal’s leadership to the importance of ensuring that the accused, especially Ratko Mladić, receive timely and appropriate medical care. We hope that he receives high-quality care and adequate treatment in the Mechanism’s detention facilities. We are still prepared to accommodate him for treatment in the Russian Federation. We also call on the Mechanism to adhere strictly to its functions in its work in the context of Rwanda. |
余留机制的领导人称今年为具有分水岭意义的一年,它应该如此。我们期待按照既定日程完成所有案件。这也适用于所谓的藐视法庭案,此类案件近来似乎成倍增加。鉴于安全理事会即将对余留机制的活动进行审查,我们希望,2020年余留机制将大幅接近其结束之日。对我们来说,我们准备为此竭尽我们所能。 | The leaders of the Residual Mechanism have designated this a watershed year, and so it should be. We await the completion of all cases according to the established schedule. The same applies to the so-called contempt-of-court cases, which appear to have multiplied of late. In the light of the Security Council’s upcoming review of the Mechanism’s activities, we hope that 2020 will bring it significantly closer to its end. For our part, we are ready to do whatever we can to enable that to happen. |
范弗利尔伯格 夫 人 (比利时)( 以法语发言):我首先感谢卡梅尔·阿吉乌斯法官和塞尔日·布拉默茨检察官的书面报告(见S/2019/888)和翔实通报。比利时继续全力支持刑事法庭余留事项国际处理机制提起的诉讼,它们在卢旺达以及前南斯拉夫各国的族裔间和解进程中发挥至关重要作用。余留机制和它所接替的两个国际刑事法庭一样,是司法领域一系列相关措施的一部分,大体而言,这些措施是安全理事会针对冲突后过渡阶段采取的。 | Mrs. Van Vlierberge (Belgium) (spoke in French): I wish to begin by thanking Judge Carmel Agius and Prosecutor Serge Brammertz for their written reports (see S/2019/888) and their informative briefings. Belgium continues to fully support the proceedings of the International Residual Mechanism for Criminal Tribunals, which plays a vital role in the process of intercommunal reconciliation both in Rwanda and in the countries of the former Yugoslavia. The Mechanism, like the two International Criminal Tribunals from which it took over, is part and parcel of the arsenal of relevant measures in the realm of justice, broadly speaking, that have been adopted by Security Council for post-conflict transition. |
打击有罪不罚现象并确保依据国际法将最严重罪行绳之以法是主要由各国承担的核心义务。因此,至关重要的是,各国不仅要相互合作,还要同余留机制开展合作。在这方面,最近的事态令人不安。实际上,被卢旺达问题国际刑事法庭定罪的8人中有1人看来仍然逍遥法外。 | The fight against impunity and ensuring that justice is handed down for the most serious crimes under international law are among the core obligations that are incumbent primarily upon each State. For that reason, it is of vital importance for all countries to cooperate not only among themselves but also with the Mechanism. In that respect, recent developments are alarming. Indeed, one of the eight indicted persons before the International Criminal Tribunal for Rwanda apparently remains at large. |
比利时指出,联合国全体会员国有义务按照余留机制规约以及安全理事会通过的若干决议与之开展合作。因此,我们感谢南非今天的发言,并请它提供一切必要协助,以便能够逮捕和移交上述逃犯。 | Belgium recalls that all States Members of the United Nations are duty-bound to cooperate with the Mechanism, in line with its statute and the numerous resolutions adopted by the Security Council. We therefore thank South Africa for today’s statement and invite it to render all necessary assistance so that the fugitive in question can be apprehended and transferred. |
另一方面,虽然我们确认并赞赏国家一级所处理的某些案件取得了进展,但是检察官办公室指出,一直有报告称,前南斯拉夫各族群和各国都有否认罪行和美化战争罪犯之举。处于多年来的最低谷的区域司法合作也是如此。这些令人不安的现象体现了不符合联合国和欧洲联盟核心价值和原则的做法。必须迅速扭转这一趋势,使战争罪犯不再逍遥法外,并制止仇恨言论和一切鼓吹歧视的思想。 | On the other hand, while we acknowledge and commend the progress that has been achieved in dealing with certain cases at the national level, the Office of the Prosecutor pointed to persistent reports regarding the denial of crimes and the glorification of war criminals in all communities and all countries of the former Yugoslavia. The same holds true vis-à-vis regional judicial cooperation, which is at its lowest level in years. These alarming observations reflect practices that are at variance with the values and principles that lie at the heart of both the United Nations and the European Union. This trend must be promptly reversed so that the perpetrators of war crimes do not remain unpunished and so that an end can be put to hate speech and any ideology advocating discrimination. |
最后,我要赞扬余留机制主席努力简化余留机制的工作方法,从而最大限度地提高其效率。与此同时,比利时鼓励大会为余留机制提供充足资金,用于即将到来的预算周期。最后,我们欢迎余留机制主席考虑就提前释放问题对《程序指示》作出可能的修订。 | I wish to conclude by commending the efforts of the President of the Mechanism to streamline its working methods and thereby maximize its efficiency. At the same time, Belgium encourages the General Assembly to provide the Mechanism with adequate financing for the forthcoming budget cycle. Lastly, we welcome the fact that the President of the Mechanism is considering possible amendments to the Practice Direction vis-à-vis early release. |
余留机制面临的挑战提醒我们,它的任务何等重要。缅怀巴尔干战争和卢旺达灭绝种族罪行的数十万受害者,必可促使我们继续支持余留机制和司法领域的其他机制,大体而言,是为了防止再度发生这类暴行。 | The challenges faced by the Mechanism are a reminder of just how important its mandate is. The memory of the hundreds of thousands of victims of the wars in the Balkans and the genocide in Rwanda must prompt us to continue to support it and other mechanisms in the realm of justice, broadly speaking, in order to prevent the recurrence of such atrocities. |
迪克森夫人(联合王国)(以英语发言):我谨感谢刑事法庭余留事项国际处理机制主席卡梅尔·阿吉乌斯法官和检察官塞尔日·布拉默茨先生今天向安全理事会所作的通报。 | Mrs. Dickson (United Kingdom): I would like to thank the President of the International Residual Mechanism for Criminal Tribunals, Judge Carmel Agius, and the Prosecutor, Mr. Serge Brammertz, for their briefings to the Security Council today. |
自从余留机制对前南斯拉夫问题国际法庭(前南法庭)以及卢旺达问题国际刑事法庭(卢旺达问题国际法庭)的余留职能负起全部责任以来,迄今已有两年。在此期间,余留机制为履行其职责不断取得可喜的进展。但是,还需要再接再厉,以保护前南法庭和卢旺达问题国际法庭的遗产。 | It has now been two years since the Residual Mechanism assumed full responsibility for the residual functions of the International Tribunal for the Former Yugoslavia (ICTY) alongside those of the International Criminal Tribunal for Rwanda (ICTR). During that time the Mechanism has continued to make commendable progress in carrying out its mandate. However, there is still more to do to guarantee the legacy of the ICTY and the ICTR. |
对余留机制而言,2020年将是重要的一年,其雄心勃勃的计划是,在海牙分支机构审结斯塔尼希奇和西马托维奇复审案,在阿鲁沙审结恩吉拉巴图瓦雷案和图里纳博等人案。除此之外,还要履行其他法定职能。我们赞赏当前为了在各分支提高效率并协调和采用最有效的做法和办法所做的工作,包括建立统一的司法数据库,使之成为一个真正统一的机构。 | The year 2020 will be a significant one for the Mechanism, with the ambitious plans to complete the Stanišić and Simatović retrial and the Mladić appeal at The Hague branch, and the Ngirabatware and Turinabo at al. cases in Arusha. This will be in addition to the other mandated functions. We commend the ongoing work to find efficiencies and to harmonize and apply the most effective practices and approaches across the branches, including the unified judicial database, making it a truly unified institution. |
联合王国将继续支持余留机制完成其剩余任务。但是,要做的工作还有很多,因为除了正在审理的案件,还包括必须保护证人,必须找到失踪人员,必须为国内起诉提供协助。余留机制需要各会员国的持续支持,以确保完成其法定职责。 | The United Kingdom will continue to support the Mechanism for the remainder of its mandate. However, there is much to do, since, as well as ongoing cases, among other things witnesses need protection, missing persons need to be found and domestic prosecutions need assistance. The Mechanism will need the ongoing support of Member States to ensure that its mandated functions are completed. |
我欣然注意到,本·埃默森法官的继任者的任命程序正在进行,联合王国感谢埃默森法官所做的贡献,并希望尽快完成该任命程序,填补余留机制的法官名额。此刻,我还谨借此机会,感谢秘鲁卓有成效地担任国际法庭问题非正式工作组主席。 | I am pleased to note that the process for appointing a successor to Judge Ben Emmerson, for whose contribution the United Kingdom is grateful, is well under way, and we hope that it will be concluded soon, bolstering the judicial roster of the Mechanism. At this point, may I also take this opportunity to thank Peru for its effective chairing of the Informal Working Group on International Tribunals. |
我们祝贺余留机制成功完成其首次复核听证,并欢迎恩吉拉巴图瓦雷案的结果。我们还欢迎随后起诉恩吉拉巴图瓦雷和图里纳博等人案的5名被告。至关重要的是保护证人,并维护余留机制诉讼程序的完整性。因此,我们欢迎采取重要步骤,对干扰证人的人追究责任。我注意到主席提及昨天的决定,即:恩吉拉巴图瓦雷藐视法庭案将与图里纳博等人案一同审理,我们感到高兴的是,这不会导致这些案件出现重大拖延。 | We congratulate the Mechanism on the successful conclusion of its first review hearing and welcome the outcome of the Ngirabatware case. We also welcome the subsequent indictments against Ngirabatware and the five accused in the Turinabo et al. case. It is vital that witnesses be protected and the integrity of the proceedings conducted by the Mechanism maintained. We therefore welcome these important steps to hold accountable those who interfere with witnesses. We note the decision yesterday, mentioned by the President, that the Ngirabatware contempt case would be joined with the Turinabo et al. case, and are pleased that this will not result in a significant delay to these cases. |
我还谨提醒各会员国与检察官办公室合作,找到其余8名仍然逍遥法外的卢旺达逃犯,以便毫不拖延地将他们移交余留机制。我们同检察官一致认为,这对国际和平与安全至关重要。采取行动逮捕逃犯必须成为各国的优先事项,惟其如此,检察官付出的艰苦努力才能产生具体成果。在现阶段,我们还对检察官提及的否认卢旺达灭绝种族罪行之举表示严重关切。 | I would also like to remind Member States of the importance of cooperating with the Office of the Prosecutor to find the eight remaining Rwandan fugitives still at large so that they can be transferred to the Mechanism without further delay. We agree with the Prosecutor that this is vital to international peace and security. Acting to apprehend fugitives must be treated as a priority by States if the painstaking work undertaken by the Prosecutor’s Office is going to lead to concrete results. We also at this stage express our serious concern at the denial of the Rwandan genocide, as mentioned by the Prosecutor. |
关于海牙,我们注意到姆拉迪奇案以及斯塔尼希奇和西马托维奇案取得的进展,并高兴地了解到,这些案件定于明年底审结。但是,尽管西巴尔干一些国家取得了某种进展,但是令我们感到失望的是,区域司法合作、否认战争罪行和美化战争罪犯之举仍对该区域追究罪责和结束有罪不罚现象构成重大挑战。当各位领导人在2018年伦敦西巴尔干峰会上签署关于战争罪行的联合声明时,他们一致强调必须支持有效的区域合作并消除合作障碍,反对使用仇恨言论和美化战争罪犯。联合王国吁请他们确保尽可能采取一切步骤履行其承诺,包括改善同余留机制的合作。 | Turning to The Hague, we note the progress made in the Mladić, and Stanišić and Simatović cases, and are pleased that these are due to conclude by the end of next year. However, despite some progress between certain countries of the Western Balkans, we are disappointed at the fact that regional judicial cooperation, denial of war crimes and glorification of war criminals remain significant challenges to accountability and ending impunity in the region. When leaders signed the joint declaration of war crimes at the 2018 London Western Balkans Summit, they agreed to underline the importance of supporting, and removing impediments to, effective regional cooperation and to reject the use of hate speech and the glorification of war crimes. The United Kingdom calls on them to ensure that they are taking every step possible to honour their commitments, including improved cooperation with the Mechanism. |
在纪念“缅怀灭绝种族罪受害者、受害者尊严和防止此种罪行国际日”这一周,我们大家寻求共同努力确保余留机制的每一项重要工作都取得进展似乎尤为恰当。 | In the week marking the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of This Crime, it seems particularly appropriate for us all to seek to work together to try to ensure that the Mechanism makes progress in its very important work. |
舒尔茨先生(德国)(以英语发言):首先,我要感谢刑事法庭余留事项国际处理机制主席和检察官所做的全部工作,以及他们今天上午所作的颇有见地的通报。 | Mr. Schulz (Germany): Let me first of all thank both the President and the Prosecutor of the International Residual Mechanism for Criminal Tribunals for their work in general and for their insightful presentations this morning. |
法庭的工作基于以下信念:没有正义就没有和平。过去数十年以来,我们在对最严重罪行追究责任和支持和平与和解方面取得了非凡成就。国际法庭与国家执法工作互为补充,为取得这一进展发挥了关键作用。余留机制高效地完成了卢旺达问题国际刑事法庭(卢旺达问题国际法庭)和前南斯拉夫问题国际法庭(前南法庭)的重要工作。德国认为,余留机制完成未决案件和追究战争罪犯的罪责都非常重要。 | The work of the Tribunals is based on the conviction that there can be no peace without justice. Over the past decades there have been remarkable achievements in establishing accountability for the most serious crimes and supporting peace and reconciliation. The International Tribunals, complemented by national law-enforcement efforts, played a key role in ensuring this progress. The Mechanism completes the important work of the International Criminal Tribunal for Rwanda (ICTR) and the International Tribunal for the Former Yugoslavia (ICTY) in an efficient way. Germany deems it highly important that the pending cases at the Mechanism are being completed and that war criminals are being held accountable. |
我谨就余留机制与前南斯拉夫各国有关的工作略谈几句。首先,我们要为前南法庭的剩余案件走上正轨向主席表示祝贺。余留机制将遵守承诺,及时审结这些案件,并实现进一步缩编。这是余留机制所完成的出色工作的又一个例证。我们将始终致力于同余留机制合作。德国率先垂范,接收4名被定罪人员在德国监狱服刑。德国鼓励其他会员国同我们一道,同意将前南法庭被定罪人员移送至它们的上诉系统。 | I should like to say a few words on the Mechanism’s work relating to the countries of the former Yugoslavia. First, we should like to congratulate the President on the fact that the remaining cases from the ICTY appear to be on track. The Mechanism will keep its promise to finish these cases in time and to further downsize. This is yet another example of the impressive work that the Mechanism has accomplished. We will remain committed to cooperating with the Mechanism. Germany leads as an example and has accepted four convicted persons to serve their sentences in German prisons. Germany encourages other Member States to join us and accept the transfer of ICTY convicts into their appeals system. |
尽管余留机制做了积极工作,但在西巴尔干地区,战争罪问题仍是一个未愈伤口。我们关切地注意到,在该地区,有关战争罪的煽动性言论和历史修正主义思潮抬头。这是亟需实现的和解的主要障碍,也是加强睦邻关系,特别是科索沃与塞尔维亚睦邻关系的绊脚石。因此,我们敦促地区政治领导人积极努力,追究战争罪罪责,促进和解。 | Despite the good work of the Mechanism, the issue of war crimes remains an open wound in the Western Balkans. We see with concern a rise in incendiary rhetoric and historical revisionism with regard to war crimes in the region, which is a major hurdle for much-needed reconciliation and also an impediment for strengthening good-neighbourly relations, especially between Kosovo and Serbia. We therefore urge political leaders in the region to actively work on ensuring accountability for war crimes and in promoting reconciliation. |
关于余留机制卢旺达分支的工作,所有联合国会员国都有法律义务协助检察官办公室追查和逮捕剩余逃犯。德国真诚地促请检察官点名要求提供合作的所有国家遵循余留机制的请求,协助逮捕有逮捕令要求捉拿归案的逃犯。每个案件都很重要,作为安理会成员,我们必须以身作则。确保问责,打击有罪不罚现象仍然至关重要。因此,在这方面,我们支持余留机制主席和检察官今天上午提出的请求。 | On the Mechanism’s work relating to Rwanda, all States Members of the United Nations have the legal obligation to cooperate with the Office of the Prosecutor in its efforts to locate and apprehend the remaining fugitives. Germany sincerely urges all States specifically called upon by the Prosecutor to follow requests by the Mechanism to assist in apprehending fugitives for whom arrest warrants have been issued. Every individual case counts, and, as members of this Council, we have to lead by good example. It remains critically important to ensure accountability and fight impunity. Accordingly, we support the request made by both the President and the Prosecutor of the Mechanism in this context this morning. |
德国将继续为余留机制提供政治和财政支持。我们认为,同过去数年一样有序地完成法庭工作,对确保机构遗产非常重要。 | Germany will continue to politically and financially support the Mechanism. We consider it very important for the legacy of the institution that the Court finish its courtroom activities in good order as it has done in previous years. |
在结束发言前,也让我借此机会感谢秘鲁同事过去两年以十分干练和专业的方式领导国际法庭问题非正式工作组。 | Before concluding, let me also take this opportunity to thank our colleagues from Peru for their extremely able and professional leadership in chairing the Informal Working Group on International Tribunals over the last two years. |
纳赛尔女士(科威特)(以阿拉伯语发言):首先,我谨感谢刑事法庭余留事项国际处理机制主席卡梅尔·阿吉乌斯法官提供有关余留机制工作进展情况的宝贵通报,并感谢检察官布拉默茨的有益通报。 | Ms. Alnaser (Kuwait) (spoke in Arabic): At the outset I would like to thank Judge Carmel Agius, President of the International Residual Mechanism for Criminal Tribunals, for his valuable briefing on the progress made in the work of the Mechanism. I would also like to thank Prosecutor Brammertz for his useful briefing. |
安全理事会通过第1966(2010)号决议设立刑事法庭余留事项国际处理机制,旨在加强司法、法治和杜绝有罪不罚现象的原则。安理会通过余留机制重申保护战争罪、种族灭绝和种族清洗受害者权利的重要性。 | The International Residual Mechanism for Criminal Tribunals, established by the Security Council pursuant to resolution 1966 (2010), was put in place to strengthen the principles of justice, the rule of law and non-impunity. Through the Mechanism, the Council reaffirms the importance of protecting the rights of victims of war crimes, genocide and ethnic cleansing. |
我们欢迎余留机制主席执行第1966(2010)号决议,改善机制业绩,保证及时有效地完成剩余司法程序,同时加强余留机制两分支之间的合作。我们也赞扬余留机制迅速完成量刑程序,以期在规定的时限内完成法庭工作。我们珍视检察官努力发掘可能导致发现和逮捕剩余八名逃犯的信息。我们再次呼吁有关会员国和国际组织协助加强余留机制的努力。 | We welcome the efforts of the President of the Mechanism to improve its performance and guarantee the completion of its residual judicial proceedings in a timely and efficient manner, while strengthening cooperation between the two branches of the Mechanism, pursuant to resolution 1966 (2010). We also commend the speed with which the Mechanism has carried out procedures for sentencing accused individuals, with an eye to concluding the work of the tribunals within the set time frame. We also value the efforts of the Prosecutor to uncover information that may lead to locating and arresting the eight outstanding fugitives. We renew our call to relevant Member States and international organizations to assist in strengthening the efforts of the Mechanism. |
余留机制面临许多挑战,因此国际社会必须承诺提供全面协助。在这方面,我们重申,余留机制应采取适当步骤,解决第2422(2018)号决议所述的会员国关切,以实现预期目标。 | The Mechanism faces many challenges, which is why the international community must commit to providing full assistance to the Mechanism. We reiterate the need for the Mechanism to take proper steps towards addressing the concerns of the Member States set forth in resolution 2422 (2018) in order to achieve the desired goals in this regard. |
最后,我谨感谢秘鲁主持国际法庭问题非正式工作组,感谢联合国法律事务厅努力执行安全理事会有关决议。 | In conclusion, I would like to thank Peru for chairing the Informal Working Group on International Tribunals and the Office of Legal Affairs for its efforts aimed at implementing the relevant Security Council resolutions. |
伊波先生(科特迪瓦)(以法语发言):我国代表团欢迎召开两年一次的辩论,讨论刑事法庭余留事项国际处理机制工作进展情况。我们感谢卡梅尔·阿吉乌斯先生和塞尔日·布拉默茨先生分别以国际余留机制主席和检察官的身份提供通报。我们有幸在安全理事会上与其合作,并祝他们执行任务取得圆满成功。我们也感谢秘鲁代表团担任国际法庭问题非正式工作组主席工作出色。 | Mr. Ipo (Côte d’Ivoire) (spoke in French): My delegation welcomes the convening of this biannual debate on the progress made with regard to the work of the International Residual Mechanism for Criminal Tribunals, and we thank Mr. Carmel Agius and Mr. Serge Brammertz, in their respective capacities as President and Prosecutor of the International Residual Mechanism, for their briefings. We have had the honour of working with them on the Security Council and wish them every success in implementing their mandate. We also thank the delegation of Peru for the remarkable work accomplished as Chair of the Informal Working Group on International Tribunals. |
我国代表团赞扬余留机制司法和行政工作,即执行判决,保护受害者和证人,及档案管理活动取得进展。我们欢迎余留机制主席承诺保证以最透明的方式审议提前释放被卢旺达问题国际刑事法庭认定有罪的人员的申请,鼓励按照安全理事会第2422(2018)号决议第10段建议,为提前释放某些人员积极创造条件。我国满意地注意到余留机制执行内部监督事务厅评价和审计报告的建议。我们敦促余留机制继续努力改善工作条件,以提高效率。 | My delegation commends the progress made in the work of the Mechanism with regard to its judicial and administrative activities, namely, those pertaining to the enforcement of sentences, the protection of victims and witnesses, and archives management. We welcome the commitment of the President of the Mechanism to guaranteeing the greatest transparency in the review of requests for early release of persons convicted by the International Criminal Tribunal for Rwanda (ICTR) and encourage the diligent establishment of conditions to perform this task in certain cases, in accordance with the recommendation in paragraph 10 of resolution 2422 (2018) of the Security Council. My country notes with satisfaction the Mechanism’s implementation of the recommendations made by the Office of Internal Oversight Services, which were established in the evaluation and audit reports, and we urge the Mechanism to continue its efforts aimed at improving working conditions in order to increase its efficiency. |
虽有进展,但科特迪瓦仍然对无数挑战有待解决表示关切,特别是在会员国与余留机制合作,及前南斯拉夫各国间司法合作方面。我国代表团强调,必须打击有罪不罚现象,并为此敦促会员国全面协助余留机制履行任务,如第1966号(2010)决议第10段所述,为搜寻、逮捕和移交逃犯提供便利。在这方面,我们赞赏余留机制努力追查和逮捕被卢旺达问题国际法庭起诉的最后八名在逃犯,支持卢庭的一再呼吁,希望会员国履行其国际法律义务,为此提供必要的协助。 | Despite the progress made, Côte d’Ivoire remains concerned with the relentless number of challenges to be addressed, particularly with regard to the cooperation between Member States and the Mechanism and the judicial cooperation among the countries of the former Yugoslavia. My delegation stresses the need to fight impunity and to that end urges Member States to cooperate fully with the Mechanism in the implementation of its mandate, in order to facilitate the search, arrest and transfer of the fugitives, as outlined in paragraph 10 of resolution 1966 (2010). In this regard, we appreciate the efforts made by the Mechanism to locate and apprehend the last eight fugitives indicted by the ICTR and would like to echo the recurrent appeals of the court to Member States to comply with their international legal obligations by providing necessary assistance to that end. |
Subsets and Splits