The Prosecutor v. Emmanuel Ndindabahizi

Court	International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
Case number	ICTR-2001-71-I
Decision title	Judgment and Sentence
Decision date	15 July 2004
Parties	The Prosecutor Emmanuel Ndindabahizi
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, ethnic group, extermination, genocide, intent to destroy, kill, Murder, serious bodily or mental harm, widespread or systematic attack
Links	Judgment and Sentence

Summary

The Accused, Emmanuel Ndindabahizi, had been appointed Minister of Finance in the Interim Government of Rwanda on 9 April 1994 and held the post until July 1994.

For his role in the events that took place at Gitwa Hill and at Gaseke roadblock, the Prosecution of the ICTR charged Ndindabahizi with three counts: genocide; extermination and murder as crimes against humanity. On 15 July 2004, Trial Chamber I of the Tribunal found Ndindabahizi guilty of genocide for instigating, facilitating and assisting attacks against Tutsi refugees who had gathered at Gitwa Hill on two occasions, namely on 23 and 24 April 1994. The Chamber also found him guilty of extermination as a crime against humanity for his actions at Gitwa Hill. In addition, the Chamber found him guilty of genocide and murder on the grounds that he had encouraged those manning Gaseke roadblock to kill Tutsi and that he had provided them with material assistance. The Trial Chamber sentenced Ndindabahizi to life imprisonment.

Procedural history

The initial indictment, confirmed on 5 July 2001, charged Ndindabahizi with four counts: genocide; direct and public incitement to commit genocide; murder and extermination as crimes against humanity. On 3 October 2001, Judge Dolenc granted the Prosecution leave to amend the indictment by adding a charge of rape as a crime against humanity and Ndindabahizi’s alleged superior responsibility under Article 6(3) of the Statute. On 30 June 2003, the Chamber granted a Prosecution request to withdraw from the indictment the charges of incitement to commit genocide and of rape as a crime against humanity, as well as all allegations of superior responsibility under Article 6(3) of the Statute. A further Prosecution motion to amend the indictment was granted on 20 August 2003. Most of the proposed amendments were of a linguistic nature. During a brief Pre-trial Conference with the parties on 1 September 2003, both parties agreed on very minimal changes to the indictment.

Under the amended indictment of 1 September 2003, the Accused was charged with three counts pursuant to Articles 2 and 3 of the Statute: genocide; extermination and murder as crimes against humanity. The Accused was charged with individual criminal responsibility under Article 6(1) of the Statute.

Related developments

The Accused appealed against his convictions and his sentence. The Appeals Chamber confirmed his convictions for genocide and extermination as a crime against humanity for his participation in the events at Gitwa Hill in late April 1994. The Chamber reversed his convictions for genocide and murder in relation to the killing of one victim at Gaseke roadblock. The Chamber upheld the Accused’s sentence to life imprisonment.

Legally relevant facts

The Trial Chamber found that on two occasions, on 23 and 24 April 1994, the Accused had travelled to Gitwa Hill, which was at the time the place of gathering of thousands of Tutsi refugees surrounded by an even larger number of primarily civilian attackers. On these occasions, the Accused had distributed weapons to attackers taking part in the siege. In addition, the Accused had encouraged, by his words or acts, the commencement of an attack against the Tutsi civilians on Gitwa Hill. On one of the two visits, the Accused had transported some fifty Interahamwe to Gitwa Hill to join the attackers (paras. 458-459).

The Trial Chamber further found, that in late May 1994, the Accused had distributed machetes at a location called Gaseke and had asked those manning the roadblock why Tutsi were going through without being killed. At the end of May, near Nyabahanga Bridge, the Accused had distributed machetes to Interahamwe and others at a roadblock, telling them to kill Tutsi women married to Hutu men (para. 465).

In addition, the Chamber concluded that a person known as Nors, alias Nturusu, had been killed immediately after the departure of the Accused from the Gaseke roadblock (para. 466).

The Trial Chamber found that the Accused had visited Gitwa Hill on two occasions, urging the attackers to kill the Tutsi refugees, and distributing machetes and other weapons. As a Minister, his words and actions would certainly have had a substantial motivating impact on the attackers. The Trial Chamber underscored that only two days after the Accused’s final visit, there was a massive attack on the Hill which led to the death of thousands of Tutsi (para. 482).

Core legal questions

Whether the indictment was vague and misrepresented the nature of the Prosecution case as presented at trial.
Whether the Accused, by his words and deeds, contributed to the mass killing of Tutsi that took place at Gitwa Hill in April 1994.
Whether the Accused had instigated, and aided and abetted genocide by his acts of assistance and encouragement to the killers of Mr. Nors in May 1994.
Whether the Accused’s role in the events at Gitwa Hill amounted to the commission of the crime of extermination as a crime against humanity.
Whether the Accused was guilty of murder as a crime against humanity in relation to the killing of Mr. Nors.
Whether the Trial Chamber may enter multiple convictions against the Accused relying on the same events.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 1, 2, 3, 4, 6(1),(3), 17(4), 20(4)(a), 22, 23 and 26 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 47(C), 73 bis, 73 ter (B) (ii), 89(A),(B),(C), 92 bis, 93(A), 101, 102, 103 and 104 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

The Trial Chamber held that, by his words, the Accused had instigated genocide at Gitwa Hill. By his acts of material assistance, including the distribution of weapons and the transportation of attackers, together with his words of encouragement, the Accused was guilty of aiding and abetting genocide (para. 464).

With regard to Mr. Nors’ death, the Chamber argued that the fact that only a single person had been killed on this occasion did not negate the perpetrators’ clear intent to destroy the Tutsi population of Kibuye and of Rwanda, in whole or in part. Consequently, the killers of Mr. Nors had committed genocide. The Chamber further concluded that the Accused had instigated, and aided and abetted genocide by his acts of assistance and encouragement to the killers of Mr. Nors (paras. 471-473).

The Trial Chamber held that the Accused himself had committed extermination as a crime against humanity. He had participated in creating, and contributed to, the conditions for the massacre of Tutsi on Gitwa Hill on 26 April 1994. Alternatively, the Chamber found that by his words and deeds, the Accused had directly and substantially contributed to the crime of extermination committed by the attackers at Gitwa Hill, and was thereby guilty of both instigating, and of aiding and abetting, the crime (para. 485).

For his role in the killing of Mr. Nors, the Chamber also found that the Accused guilty for instigating, and aiding and abetting, murder as a crime against humanity (para. 490).

After taking into consideration the individual, mitigating and aggravating circumstances, the Trial Chamber sentenced the Accused to life imprisonment (paras. 505- 511).