Below is a summary of reasons given by Judge Theodor Meron, President of the International Residual Mechanism for Criminal Tribunals, for granting early release to Aloys Simba. Simba was convicted of genocide and crimes against humanity for organising the killings in Kaduha, Murambi, and Kibeho. He was sentenced to 25 years in prison, and is being released 8 years early. 1. Simbas crimes were bad, but not that bad. There was no evidence of particular zeal or sadism on Simbas part in his manner of participation in the crimes. Simba had close personal relationships and worked harmoniously with Tutsis and several Tutsi witnesses testified in his defence. Simba does not deny the existence of genocide in Rwanda and condemned the massive slaughter that occurred. Simba has demonstrated some signs of rehabilitation, and I am therefore inclined to count this factor as weighing in favour of his early release. The view that Simba should be granted early release is shared by Judge Liu Daqun. As a member of the Appeals Chamber in Simbas case, Judge Liu states that he understands that although the crimes for which Simba was convicted are very serious, compared with other convicted persons they are not the most serious. 2. Simba is a nice guy Simba has a good relationship with his wife and children. He would like to see his wife again before he dies and he will not die until he sees her. He is a social person who does not like to be isolated, he seems to be sincere and straightforward in his relations with others, and he feels better having discussed his problems with others. ALSO READ: When a judge undermines the legacy of international justice 3. Cooperation with Prosecution is irrelevant According to the Prosecution, Simba has at no time provided any cooperation to the Prosecution or the ICTR Prosecution. However, I note that an accused person is under no obligation to plead guilty or, in the absence of a plea agreement, to cooperate with the Prosecution. I therefore consider that Simbas lack of cooperation with the Prosecution and ICTR Prosecution is a neutral factor in determining whether or not to grant him early release. 4. Remorse is irrelevant Simba feels his imprisonment is unjust and continues to proclaim his innocence of the crimes for which he was convicted. Simba maintains his innocence, that the findings against him were based on false evidence, and that he cannot be forced to confess to crimes he did not commit. Although Simba does not accept responsibility for his crimes, I note that while there is limited case law of the ICTY which provides for remorse as a primary requirement for commutation of sentence specifically, remorse is not generally considered as such. It is mainly considered as just one of a number of factors that may be taken into account. I do not consider that remorse should be treated as a determining factor in this case or in determining early release applications more generally. ALSO READ: Genocide: Judge Meron on the spot once again 5. Victims are irrelevant In regard to the views of victims and other individuals about the impact that Simbas potential early release would have on the victims, I recall that the Statute, the Rules, and the Practice Direction do not provide for the victims views on an application for early release… I recall in this regard that the fact that the President has broad discretion to consider information he deems relevant pursuant to paragraph 4(d) of the Practice Direction, does not provide a sufficiently compelling reason to allow victims to make submissions on issues related to the Application, or to compel me to consider them in my judicial determination thereof. 6. Simba is very sick; not long to live [Various redacted medical reports.] 7. Simba promised to be good from now on I shall conduct myself honourably and peacefully in the community to which I am released, and shall not engage in secret meetings intended to plan civil unrest or engage in any political activities I shall not discuss my case, including any aspect of the 1994 Genocide against the Tutsi in Rwanda, with anyone, including the media, other than pro bono counsel, if any, nor will I make any statement denying the 1994 Genocide against the Tutsi in Rwanda 8. Nothing matters except Meron anyway It is long-standing practice of the Mechanism that each application for early release is considered on a case-by-case basis and is ultimately a matter of discretion for the President. As a preliminary matter, allow me to reiterate that regardless of whether Simba is eligible for early release under the domestic law of Benin, the early release of persons convicted by the ICTR falls exclusively within the discretion of the President. [Repeated many times throughout]
