The Prosecutor v. Gaspard Kanyarukiga

Court	International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Case number	ICTR-2002-78-T
Decision title	Judgement and Sentence
Decision date	1 November 2010
Parties	The Prosecutor Gaspard Kanyarukiga
Categories	Crimes against humanity, Genocide
Keywords	civilian population, 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

During the Rwandan genocide of 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.

On 6 April 1994, following the death of President Habyarimana, thousands of Tutsi civilians took refuge at the Nyange Parish, located in the Kivumu community, and were subsequently attacked. These attacks culminated in the destruction of the Nyange Parish Church on 16 April 1994. At the time of the destruction of the Church, about 2000 Tutsi civilians were allegedly confined to the church and were killed during the destruction of the church.

On 6 June 2008 the Prosecution’s request to transfer Kanyarukiga’s case to the courts of Rwanda was denied due to fears that he would not receive a fair trial there.

For the role he played in these events, the Accused was charged by the Prosecutor of the ICTR with genocide or, alternatively, complicity in genocide, and extermination as a crime against humanity. The Trial Chamber convicted him for genocide and extermination and sentenced him to thirty years’ imprisonment.

Procedural history

During the relevant events in Rwanda in 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.

The Accused was initially indicted on charges of genocide, complicity in genocide, conspiracy to commit genocide and extermination as a crime against humanity on 21 February 2002.

On 14 November 2007, the Pre-Trial Chamber granted a Prosecution request to amend the Indictment. In the aended idictment, the Prosecution charged Kanyarukiga with genocide, complicity in genocide and extermination as a crime against humanity for planning, ordering, instigating, committing or otherwise aiding and abetting the attack on Tutsi civilians taking refuge at the Nyange Parish Church in Kivumu commune on 15 April 1994 and the destruction of that church on 16 April 1994.

The Defence disputed all the charges and advanced a defence of alibi.

The trial commenced on 31 August 2009 and closed on 24 May 2010. The Trial Chamber delivered its unanimous judgment on 1 November 2010 finding the Accused guilty for genocide and extermination as a crime against humanity.

Related developments

Kanyarukiga submitted 72 grounds of appeal against the Trial judgment, challenging his convictions and sentence. The Prosecution advanced two grounds of appeal.The Appeals Chamber dismissed all grounds of appeal and upheld the original judgment.

Legally relevant facts

In its factual findings, the Trial Chamber found that on 15 and 16 April 1994, Interahamwe, communal police and armed civilians killed approximately 2,000, mostly Tutsi, civilians at the Nynage Parish in Kivumu commune, Kibuye prefecture. The Chamber concluded that the vast majority of these victims were killed on 16 April 1994 when the Nyange Church was destroyed (para. 615).

Under the aended idictment, the Accused was charged with genocide, or, in the alternative, complicity in genocide and extermination as a crime against humanity for crimes allegedly committed in Kivumu commune, Kibuye prefecture, between 6 and 30 April 1994. the Accused was charged with individual criminal responsibility, pursuant to Article 6(1) of the Statute, for planning, ordering, instigating, committing or otherwise aiding and abetting in the planning, preparation or execution of these crimes. According to the Prosecution, the Accused acted either individually or in concert, as part of a joint criminal enterprise (para. 616).

Core legal questions

Whether the Prosecution proved beyond reasonable doubt that the Accused was guilty of genocide, or, alternatively, guilty of complicity in genocide, and extermination as a crime against humanity, pursuant to Articles 6(1) and 6(3) of the Statute.
In case the Accused was found guilty, what the appropriate sentence would be.

Specific legal rules and provisions

Articles 2(3)(a),(e), 2(2), 3(b), 4, 6(1), 17(4), 20(2), 20(3), 20(4)(a),(b) and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 11 bis, 47(C), 50, 66(B), 67(A)(ii)(a),(B), 68(A), 71, 73 bis(E), 86(C), 87(A), 89, 90(A), 92 bis(A), 94, 98 bis, 101, 102(A), 103 and 115 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

With regard to Count 1 of the Indictment, the Trial Chamber held that the Accused was guilty of genocide pursuant to Article 6(1) of the Statute for planning the killing of members of the Tutsi ethnic group at the Nyange Church (para. 654).

Count 2 charged the Accused with complicity in genocide and was pleaded alternatively to Count 1. The Trial Chamber had already convicted him for Count I, thus it found him not guilty on this count (para. 655).

The Trial Chamber concluded that the Accused was guilty of extermination as a crime against humanity (Count 3) under Article 6(1) of the Statute for planning the killing of approximately 2,000 Tutsi civilians as part of a widespread or systematic attack against the Tutsi ethnic group (para. 666).

After taking into account the gravity of the crimes for which the Accused was convicted, the aggravating and mitigating circumstances, the Trial Chamber sentenced him to thirty years’ imprisonment (para. 688).