The Prosecutor v. Siméon Nchamihigo

Court	International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Case number	ICTR-01-63-T
Decision title	Judgement and Sentence
Decision date	12 November 2008
Parties	The Prosecutor Siméon Nchamihigo
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, ethnic group, extermination, genocide, intent to destroy, kill, Murder, other inhumane acts, serious bodily or mental harm, widespread or systematic attack
Links	Judgement and Sentence

Summary

During the Rwandan genocide, Siméon Nchamihigo was the Deputy Prosecutor in Cyangugu prefecture.

Nchamihigo was charged with genocide (Count 1), murder, extermination and other inhumane acts as crimes against humanity (Counts 2, 3, 4). On 24 September 2008, Trial Chamber III of the ICTR found that on 7 April 1994, the Accused told Interahamwe to search for and kill Tutsi with the intention to destroy the Tutsi ethnic group and other civilians who were RPF accomplices, as part of a widespread attack against civilians in Cyangugu. The Chamber also concluded that he had participated in various attacks on refugee locations, that he had attended the prefecture Security Council meetings on 11 and 14 April 1994, and that certain of the massacres had been planned during these meetings. Based on the findings, the Trial Chamber convicted Nchamihigo on all counts and sentenced him to life imprisonment.

Procedural history

On 21 June 2001, the Prosecution filed its initial indictment charging Nchamihigo with genocide, or, in the alternative, complicity in genocide, extermination as a crime against humanity, or, in the alternative, murder as a crime against humanity, and violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II. On 23 June 2001, Judge Pillay confirmed the original indictment and ordered a number of amendments. On 18 July 2006, the Chamber granted in part the Prosecution’s motion to amend the indictment and the Prosecution complied with the order on 18 July 2006. On 27 September 2006, the Chamber ordered the Prosecution to make some adjustments to the amended indictment. On 29 September 2006, the Prosecution filed a revised Indictment. On 7 December 2006, the Chamber ordered the Prosecution to make further amendments to the indictment and to provide additional information in certain instances. The Prosecution complied on 11 December 2006, and that was the final indictment filed, on which the Trial Chamber based its judgment.

Nchamihigo was charged with genocide (Count 1) and murder, extermination and other inhumane acts as crimes against humanity (Counts 2, 3, 4).

On 24 September 2008, the Chamber orally rendered its judgment, but indicated that the only authoritative version would be the written judgment.

Related developments

The Accused appealed his convictions and his sentence. The Appeals Chamber quashed a number of his convictions and affirmed others. It reduced his sentence to 40 years of imprisonment.

Legally relevant facts

The Prosecution had charged Nchamihigo with four counts of genocide and crimes against humanity (para. 1).

Count 1 had charged the Accused with committing genocide under Article 2(3)(a) of the Statute, for killing or causing serious bodily or mental harm to members of the Tutsi ethnic group with the intent to destroy, in whole or in part, the group, as such (para. 2).

Counts 2, 3 and 4 had charged the Accused under Article 3 of the Statute with committing crimes against humanity by murder, extermination and other inhumane acts, respectively, as part of a widespread or systematic attack against a civilian population on national, political, ethnic, racial or religious grounds (para. 3).

The Prosecution had charged the Accused for planning, instigating, ordering, committing or otherwise aiding and abetting others to kill Tutsi, accomplices of the Rwandan Patriotic Front (RPF), and Hutu political opponents, which resulted in mass killings at roadblocks erected throughout Cyangugu prefecture, the killing of several specific individuals, massacres of thousands of Tutsi at places where they had taken refuge and massacres of two groups who were removed from Kamarampaka Stadium on 16 and 18 April 1994 respectively (para. 4).

Nchamihigo had also been alleged to have knowingly and willfully participated in a joint criminal enterprise (para. 5).

Core legal questions

Whether the Accused had been adequately informed that his liability for any crime would depend on his participation in a joint criminal enterprise.
Whether the Accused’s role in various attacks against Tutsis amounted to genocide.
Whether the Accused had committed murder, extermination and other inhumane acts as crimes against humanity against Tutsis.
Which factors the Trial Chamber should take into account upon sentencing.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 2(2),(3)(a), 3, 6(1), 20(3),(4)(a) and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 40 bis, 66, 67(A)(ii)(a),(B), 68, 89(A),(B),(C), 98 bis, 101 and 102(B) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
Article II of the Genocide Convention.

Court's holding and analysis

The Chamber found that the Accused had not had adequate notice that his liability for any event would depend on his participation in a joint criminal enterprise (para. 328).

The Accused was found guilty of other inhumane acts as a crime against humanity for Mr. Gakwandi’s attack (para. 350); furthermore, the Chamber found him guilty of genocide and murder as a crime against humanity for aiding and abetting the killing of Joséphine Mukashema, Hélène and Marie (para. 354). He was also convicted of genocide and murder as a crime against humanity for the killing of Father Boneza (para. 357).

The Chamber found no evidence on the allegation of mutilation during the killings at the Gendarmerie on 16 April 1994 and, thus, dismissed the charge of other inhumane acts as a crime against humanity (para. 361).

The Accused was found guilty of genocide for the killing of Tutsi refugees at Shangi parish though(para. 369), and the Chamber further found him guilty of genocide for instigating soldiers and civilians to kill the refugees at Hanika parish on or about 12 April 1994 with the intent to destroy in whole or in part the Tutsi group (para. 371).

The Accused was found guilty of genocide and extermination as a crime against humanity for the killings at Mibilizi parish and hospital (para. 374).

The Accused was also convicted of genocide by instigation and of extermination as a crime against humanity for the killing of Tutsi refugees at Nyakanyinya school (para. 376).

The Chamber convicted the Accused for genocide by instigating the massacres of Tutsis in Gihundwe sector and for extermination as a crime against humanity by instigating these massacres (para. 378).

After taking into account the gravity of the offences, the aggravating and mitigating circumstances, the Chamber sentenced the Accused to life imprisonment (para. 396).