Duty to ensure the welfare of the acquitted person

Notion(s) Filing Case
Decision on Relocation - 18.11.2008 NTAGERURA André
(ICTR-99-46-A28)

19 […] While the Tribunal does not have the ability to direct any State to accept the Appellant on its territory or to fully investigate whether the Appellant’s life or liberty would be at risk should he be returned to Rwanda or to another African country, it has nonetheless a duty to ensure the welfare of the acquitted person, and to that extent, to enquire whether the Appellant’s life or liberty would be at risk upon relocation to a given country. In this regard, the Appeals Chamber notes that, notwithstanding the limitations on the capacity of the Tribunal to secure relocation for the Appellant, the Registrar is continuing his efforts to find a solution to the present situation.[1] As part of such efforts, the Appeals Chamber requests the Registrar to make enquiries with the Office of the United Nations High Commissioner for Refugees and solicit its assistance in relocating the Appellant.

[1] Response, para. 15.

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