The Prosecutor v. Aloys Simba

Court	International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
Case number	ICTR-01-76-T
Decision title	Judgement and Sentence
Decision date	13 December 2005
Parties	The Prosecutor Aloys Simba
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, ethnic group, extermination, genocide, intent to destroy, kill, serious bodily or mental harm, widespread or systematic attack
Links	Judgement and Sentence

Summary

In April 1994, in the days following the death of President Habyarimana, thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen. They sought sanctuary at places such as Kibeho Parish, Cyanika Parish, Murambi Technical School and Kaduha Parish. Hutu militiamen assisted by local officials and gendarmes launched attacks against them resulting in the death of a large number of Tutsi civilians.

The Accused, Aloys Simba, was a retired lieutenant colonel and former member of parliament. The Prosecution contended that Simba was one of the principal architects of these massacres, and therefore charged him with genocide (Count 1), complicity in genocide (Count 2), and extermination (Count 3) and murder (Count 3) as crimes against humanity. At the close of the trial, the Prosecution withdrew the charges of complicity in genocide and of murder as a crime against humanity.

On 13 December 2005, Trial Chamber I of the ICTR found Simba guilty of genocide and extermination as a crime against humanity for his participation in the aforementioned massacres and sentenced him to 25 years of imprisonment.

Procedural history

The initial indictment, confirmed on 8 January 2002, charged Aloys Simba with four counts: genocide, or in the alternative, complicity in genocide; extermination and murder as crimes against humanity. On 26 January 2004, the Chamber granted the Prosecution leave to amend the indictment, noting that the amendments were only intended to clarify the Prosecution case. The amended indictment was filed on 16 February 2004. On 6 May 2004, the Chamber partially granted a Defence motion alleging defects in the form of the Indictment, ordering the Prosecution to file a new amended Indictment providing specific additional information. The second amended indictment was filed on 10 May 2004.

Under the amended indictment of 10 May 2004, the Prosecution charged Simba with four counts, pursuant to Articles 2 and 3 of the Statute: genocide; complicity in genocide; extermination as a crime against humanity; and murder as a crime against humanity. The Indictment charged the Accused with individual criminal responsibility under Article 6 (1) and (3) for these crimes. At the end of its case, the Prosecution withdrew superior responsibility under Article 6 (3) as a form of responsibility as well as the charges of complicity in genocide and murder as a crime against humanity.

The trial started on 30 August 2004 and closed on 8 July 2005.

Related developments

Simba appealed his convictions and his sentence, while the Prosecution submitted two grounds of appeal. The Appeals Chamber dismissed the grounds of appeal raised by the Accused and the Prosecution and affirmed the sentence of twenty-five years of imprisonment imposed on the Accused.

Legally relevant facts

The Chamber concluded that Simba had provided encouragement, direction, and ammunition during the three massacres on 21 April at Murambi Technical School, Cyanika Parish, and Kaduha Parish (para. 401).

In the Chamber’s view, the only reasonable inference from the evidence was that a common criminal purpose existed to kill Tutsi at these three sites. In addition to the physical perpetrators of the crimes, other prominent persons participated in the enterprise including the Simba (para. 402).

Simba participated in the joint criminal enterprise through his acts of assistance and encouragement to the physical perpetrators of the crimes at Murambi Technical School and Kaduha Parish. In the Chamber’s view, Simba’s actions at those two sites had a substantial effect on the killings which followed (para. 403).

The Chamber was not satisfied beyond a reasonable doubt that Simba also had the shared intention to kill Tutsi at Cyanika Parish or that the killings there would in any way be a foreseeable consequence of his role in the joint criminal enterprise at Murambi Technical School and Kaduha Parish (para. 407).

Regarding the massacres at Kibeho Parish or in Ruhashya commune, the Chamber was not prepared to extend Simba's criminal liability to these, based only on second-hand evidence and largely uncorroborated testimony (para. 410).

Core legal questions

Whether there was a common criminal purpose to kill Tutsis at Murambi Technical School, Cyanika Parish, and Kaduha Parish in April 1994 and whether the Accused shared said common criminal purpose.
Whether the Accused’s conduct during the attacks against Tutsi civilians at Murambi Technical School and Kaduha Parish amounted to genocide and extermination as a crime against humanity and under which mode of liability.
Which factors the Trial Chamber should take into consideration upon sentencing.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 2, 3, 6(1),(3), 20(4)(a),(e), 23 and 28 of the ICTR Statute.
Rules 40bis, 66(A), 67(D), 73bis (B)(i),(iv)(b), 92bis, 101 and 102(B) of the ICTR Rules of Procedure and Evidence.

Court's holding and analysis

The Trial Chamber held that Simba was criminally responsible under Article 6 (1) of the Statute based on his participation in a joint criminal enterprise to kill Tutsi civilians at Murambi Technical School and Kaduha Parish. Therefore, the Chamber found Simba guilty on Count 1 of the indictment for genocide (para. 419).

The Trial Chamber further found beyond reasonable doubt that Simba was criminally responsible under Article 6 (1) of the Statute based on his participation in a joint criminal enterprise to kill Tutsi civilians at Murambi Technical School and Kaduha Parish. As a result, the Chamber found him guilty on Count 3 of the indictment for extermination as a crime against humanity (para. 426).

In the determination of the sentence, the Trial Chamber took into account the gravity of the offence, the aggravating and the mitigating factors. In the Chamber’s view, after weighing the gravity of the crime and the circumstances, limited mitigation was warranted. Thus, the Chamber, after granting credit to time already served, sentenced Simba to twenty-five years of imprisonment (paras. 443-445).