Measures to curb corruption at ICTR

The registrars of the United Nations Criminal Tribunals for Rwanda and former Yugoslavia (ICTR and ICTY) have said they are determined to make every effort possible to prevent abuses of the legal aid system for the two tribunals. The joint statement issued by ICTR's Adama Dieng and the ICTY's Hans Holthius came after the UN watchdog, the Office of Internal Oversight Services (OIOS), issued a report on its follow-up investigation into allegations that defence lawyers had either been solicited, or had agreed to share legal fees and costs with their clients, in an arrangement called fee-splitting. Legal fees for defendants are paid by both tribunals. The OIOS stated that both tribunals had implemented most of the recommendations contained in its previous report, and that both had also taken additional proactive steps to prevent abuses of the legal-aid system. "Fee-splitting is not an easy practice to eradicate, because its possibility involves confidential discussions and arrangements between a defence counsel and his client," said the two registrars, who were in New York to discuss the courts' budgets and their strategy to complete the tribunals' work. Steps taken at the ICTR had included dismissing a defence lawyer for over-billing the court, and dismissing another member of staff for accepting kickbacks from defence lawyers in exchange for processing payments quickly, the OIOS reported. Furthermore, limits had been placed on the number and value of gifts received by detainees at the UN Detention Facility, enhanced screening facilities had been introduced of current and potential defence lawyers, and the Registrar had proposed an amendment to the Code of Professional Conduct which would include a prohibition on fee-splitting arrangements. In May 2001, authorities in Tanzania arrested a former defence investigator at the ICTR who had been using a false name and passport, the OIOS reported. Since then, the Office of the Prosecutor had indicted him for genocide, and he was currently at the UN Detention Centre. Following this incident, the Registry has screened investigators' files and decided to suspend or not renew the contracts of others. Since the implementation of the new screening system, some investigators had chosen to resign, the OIOS stated. The latest report details cases of clients at the ICTR asking their defence counsels - as part of a fee-splitting arrangement - for as much as US $2,500 to US $5,000 per month. ICTR defence lawyers receive between US $80 and $110 per hour in legal fees, and can claim up to 175 hours per month. The first investigative report was released by OIOS in February 2001. In it, the watchdog detailed evidence of the legal aid system in both tribunals being abused, and of fee-splitting arrangements being solicited or accepted. Other related findings included the hiring of detainees' friends and relatives as defence investigators, expensive gifts being given to the detainees by their counsel, and other forms of indirect support and maintenance being handed over. As a result, the OIOS issued 16 recommendations aimed at curbing the abusive practices.