The Prosecutor v. François Karera

Court	International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
Case number	ICTR-01-74-T
Decision title	Judgement and Sentence
Decision date	7 December 2007
Parties	The Prosecutor François Karera
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, ethnic group, extermination, genocide, intent to destroy, kill, Murder, serious bodily or mental harm, widespread and systematic attack
Links	Judgement and Sentence

Summary

François Karera was officially appointed the prefect of Kigali-Rural prefecture on or around 17 April 1994 and held that position until mid-July 1994. Previously he was a sub-prefect at Kigali-Rural prefecture. From 1975 to 1990, Karera had been mayor of Nyarugenge urban commune, an administrative unit which was later replaced by Kigali-Ville prefecture. During a certain period, he was also president of the MRND party in Nyarugenge commune.

In mid-April 1994, Hutu militiamen and soldiers arrived in Ntarama sector and attacked the Tutsi refugees who were gathered at Ntarama Church, killing several hundreds of Tutsis. Karera was present and encouraged the attackers. In April and May 1994, Tutsis had also been killed in Rushashi commune in Kigali-Rural prefecture and in Nyamirambo sector in Nyarugenge commune, mainly at roadblocks. Karera ordered or instigated these acts. He was found guilty of genocide and extermination and murder as crimes against humanity. The Trial Chamber sentenced Karera to life imprisonment.

Procedural history

Karera was officially appointed the prefect of Kigali-Rural prefecture on or around 17 April 1994 and held that position until mid-July 1994.

On 8 June 2001, the Accused was indicted on four counts: genocide, or alternatively, complicity in genocide, and extermination, or alternatively, murder as crimes against humanity. On 12 December 2005, the Trial Chamber had granted the Prosecution leave to amend the indictment, by separating the murder and extermination charges, and by replacing the name of a specific region where the alleged crimes occurred with the prefecture’s name. He was charged with perpetration of the crimes under Article 6(1) of the Statute and with superior responsibility under Article 6(3). The amended indictment was filed on 19 December 2005.

The Prosecution accused Karera of ordering, authorizing and failing to prevent crimes against Tutsi civilians. The crimes were allegedly committed between April and mid-July 1994 in three distinct areas: Nyamirambo sector, Ntarama sector and Rushashi commune.

The Defence raised several objections to the form of the indictment and claimed that certain evidence should be excluded for lack of proper notice.

Related developments

The Accused appealed his convictions and his sentence. The Appeals Chamber reversed some of his convictions but it affirmed the sentence imposed by the Trial Chamber.

Legally relevant facts

The Trial Chamber found that it was not established beyond reasonable doubt that Karera was president of the Mouvement Révolutionnaire National pour la Démocratie et le Développement (MRND) after April 1992 (para. 55). The Chamber did find, though, that the Accused exercised at least some of the authority which would normally have fallen under the prefect of Kigali-Rural (para. 77).

The Chamber concluded that between 7 and 15 April 1994, the Accused gave orders to kill Tutsi and destroy their houses in Nyamirambo, at locations near his house. It also found that between 8 and 10 April 1994 the policemen who guarded the Accused's house destroyed the houses of Kahabaye and Dix, with the assistance of the Interahamwe (para. 168).

The Chamber found that policeman Kalimba, boasting that he was following the Accused’s order, forced a man to kill Murekezi and Palatin Nyagatare at the roadblock near the Accused’s house (paras. 192-203).

The Trial Chamber also concluded that on 15 April 1994, the Accused encouraged a group of Interahamwe and soldiers to kill the refugees who assembled at Ntarama church (para. 315).

Regarding the Accused’s alibi, the Chamber concluded that he had been present in Nyamirambo and Ntarama sector and Rushashi commune (para. 510).

Core legal questions

Whether the Accused was guilty of genocide for his role in the events Nyamirambo sector between 7 and 24 April 1994 and under which forms of liability.
Whether the Accused's utterances and distribution of weapons in Rusashi between 7 April and June 1994 amounted to the crime of genocide.
Whether the Accused was criminally responsible for extermination and murder as crimes against humanity for his conduct during the events at Ntarama Church, in Nyamirambo sector and in Rushashi commune.
Whether the Accused bore superior responsibility under Article 6(3) of the Statute for any crimes committed by communal policemen, Interahmawe and soldiers.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 2, 3, 6(1),(3) and 20(4)(a) of the Statute of the International Criminal Tribunal for Rwanda.
Rules 72, 89(C), 92 bis, 101 and 102A of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

The Trial Chamber held Karera responsible under Article 6(1) for ordering genocide, which was committed through the killings of Kabahaye, Murekezi, Ndingutse and Palatin Nyagatare in Nyamirambo sector between 7 and 24 April 1994 (para. 540).

The Trial Chamber further concluded that, through his utterances and distribution of weapons, the Accused was criminally responsible under Article 6(1) for, respectively, instigating as well as aiding and abetting genocide in Rushashi between 7 April and June 1994. Therefore, he was found guilty under Count 1 of the indictment (para. 548).

Count 2 had been charged in the alternative, thus the Chamber acquitted the Accused of complicity in genocide (para. 549).

The Chamber held the Accused responsible under Article 6(1) for instigating and committing extermination as a crime against humanity, for ordering extermination and for instigating and aiding and abetting extermination of Tutsis (para. 557).

The Chamber further held the Accused responsible for ordering, committing, instigating and aiding and abetting murder as a crime against humanity against Tutsis in Kigali-Rural prefecture (paras. 559-560).

The Chamber concluded that the Accused did not bear superior responsibility for any crimes committed by Interahamwe and soldiers under Article 6(3) of the Statute. Regarding the crimes committed by communal policemen,his superior-subordinate relationship with the policemen would only be taken into account as an aggravating factor in sentencing since the Chamber already held the Accused responsibly under Article 6(1) of the Statute for these crimes (paras. 562-568).

After taking into account the gravity of the offence, the aggravating and mitigating factors, the Trial Chamber sentenced the Accused to imprisonment for the remainder of his life (para. 585).