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Appeals Chamber Delivers Judgements in the Ntabakuze, Hategekimana and Kanyarukiga Cases
ICTR/INFO-9-2-713.EN
May 8, 2012

The Appeals Chamber of the United Nations International Criminal Tribunal for Rwanda today delivered judgements in the cases of Aloys Ntabakuze, Ildephonse Hategekimana and Gaspard Kanyarukiga. The Appeals Chamber:

  • Reversed some convictions in the Ntabakuze case and reduced his life sentence to 35 years of imprisonment
  • Affirmed the convictions and  sentence of life in prison in the Hategekimana case
  • Affirmed the convictions and sentence of 30 years in prison in the Kanyarukiga case

 

Judgement in the Ntabakuze Case
The Appeals Chamber of the International Criminal Tribunal for Rwanda, composed of Judge Theodor Meron, presiding, Judge Mehmet Güney, Judge Fausto Pocar, Judge Liu Daqun, and Judge Arlette Ramaroson, today delivered its judgement on the appeal lodged by Aloys Ntabakuze, reversing some of his convictions and reducing his life sentence to 35 years of imprisonment.
On 18 December 2008, Trial Chamber I of the Tribunal found Ntabakuze guilty of genocide, crimes against humanity, and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II for crimes committed in April 1994 in Kigali.
The Appeals Chamber affirmed Ntabakuze’s convictions for genocide, extermination and persecution as crimes against humanity, as well violence to life as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II pursuant to Article 6(3) of the Statute for the killings perpetrated at Nyanza hill on 11 April 1994 and at the Institut africain et mauricien de statistiques et d’économie around 15 April 1994. However, the Appeals Chamber reversed Ntabakuze’s convictions for preventing the refugees killed at Nyanza hill from seeking sanctuary and, Judges Pocar and Liu dissenting, for the killings perpetrated in Kabeza on 7 and 8 April 1994. The Appeals Chamber also reversed Ntabakuze’s convictions for murder as a crime against humanity and set aside the finding of the Trial Chamber that Ntabakuze is responsible for the commission of crimes by militiamen. The Appeals Chamber, Judges Pocar and Liu dissenting, considered that the reversal of some of Ntabakuze’s convictions called for a revision of his life sentence, and entered a new sentence of 35 years of imprisonment.

 

At the time of the relevant events, Ntabakuze held the rank of Major in the Rwandan army and served as the Commander of the Para-Commando Battalion at Camp Kanombe, Kigali. Ntabakuze was arrested in Kenya on 18 July 1997. He is to remain in the United Nations Detention Facility in Arusha, Tanzania, pending his transfer to the country in which he will serve his sentence.

Judgement in the Hategekimana Case

The Appeals Chamber of the International Criminal Tribunal for Rwanda, composed of Judges Fausto Pocar, Presiding, Patrick Robinson, Mehmet Güney, Andrésia Vaz and Carmel Agius, today delivered the judgement in the case of Ildephonse Hategekimana v. The Prosecutor.

On 6 December 2010, Trial Chamber II of the Tribunal convicted Hategekimana for committing genocide based on his role in a joint criminal enterprise which resulted in the killings of Salomé Mujawayezu, Alice Mukarwesa, and Jacqueline Mukaburasa and of Tutsi civilians at the Ngoma Parish and the Maison Généralice. In addition, the Trial Chamber convicted Hategekimana of murder as a crime against humanity for ordering the abduction and killing of Jean Bosco Rugomboka and for his role in a joint criminal enterprise which resulted in the deaths of Salomé Mujawayezu, Alice Mukarwesa, Jacqueline Mukaburasa, and Solange Karenzi. The Trial Chamber also convicted Hategekimana as a superior of rape as a crime against humanity for the rape of Nura Sezirahiga. Hategekimana was sentenced to a single term of life imprisonment. Hategekimana appealed against his convictions and sentence.

The Appeals Chamber dismissed Hategekimana’s appeal and affirmed his sentence of life imprisonment based on his convictions for genocide and murder and rape as crimes against humanity. He is to remain in the United Nations Detention Facility in Arusha, Tanzania, pending his transfer to the country in which he will serve his sentence.

Hategekimana was born on 1 February 1964 in Mugina Commune, Gitarama Prefecture, Rwanda. In 1994, he held the rank of lieutenant in the Rwandan army and was the commander of the Ngoma Military Camp in Butare Prefecture.

 

Judgement in the Kanyarukiga Case

The Appeals Chamber of the International Criminal Tribunal for Rwanda, composed of Judge Patrick Robinson, presiding, Judge Mehmet Güney, Judge Fausto Pocar, Judge Arlette Ramaroson, and Judge Andrésia Vaz, today delivered its judgement in the case of Gaspard Kanyarukiga v. The Prosecutor.
On 1 November 2010, Trial Chamber II of the Tribunal convicted Kanyarukiga of genocide and extermination as a crime against humanity based on his participation in the planning of the destruction of the Nyange church in Kivumu commune, Kibuye prefecture, Rwanda, on 16 April 1994, which resulted in the death of approximately 2,000 Tutsi civilians. The Trial Chamber sentenced Kanyarukiga to 30 years of imprisonment. Both Kanyarukiga and the Prosecution appealed.

 

 

The Appeals Chamber dismissed Kanyarukiga’s appeal in its entirety. It affirmed his convictions for planning genocide and extermination as a crime against humanity and his sentence. The
Appeals Chamber also dismissed the Prosecution’s appeal. Judge Pocar appended a separate opinion to the Appeal Judgement.
Gaspard Kanyarukiga was born in Kivumu commune, Kibuye prefecture, Rwanda. In 1994, he was a businessman. He was arrested in South Africa on 16 July 2004. He is to remain in the United Nations Detention Facility in Arusha, Tanzania, pending his transfer to the country in which he will serve his sentence.