The Prosecutor v. Laurent Semanza

Court	International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Case number	ICTR-97-20-T
Decision title	Judgement and Sentence
Decision date	15 May 2003
Parties	The Prosecutor Laurent Semanza
Categories	Crimes against humanity, Genocide, War crimes
Keywords	cause serious bodily or mental harm, crimes against humanity, ethnic group, extermination, genocide, intent to destroy, Internal armed conflict, kill, Murder, persecution, rape, Serious violations of the Geneva Conventions and Additional Protocol II, torture, widespread or systematic attack
Links	Judgement and Sentence

Summary

The Accused, Laurent Semanza, was the former Bourgmestre (mayor) of Bicumbi commune. He was indicted on 14 counts of genocide, crimes against humanity and war crimes for his role in the Rwandan genocide.

On 15 May 2003, Trial Chamber III of the ICTR found him guilty of aiding and abetting genocide during the massacres at Musha Church and Mwulire Hill, which took place on 13 April 1994 and 18 April 1994 respectively. The Chamber also convicted him of extermination as a crime against humanity for his conduct at Musha church and Mwulire Hill. The Trial Chamber further held that Semanza was guilty of torture and murder as crimes against humanity. These convictions arose out of Semanza’s April 1994 incitement of a crowd in Gikoro commune to rape Tutsi women before killing them. He was also held directly responsible for the torture and murder of Rusanganwa, a Tutsi, whom he attacked and killed during the Musha Church massacre.

However, the judgment acquitted the Accused of genocide, direct and public incitement to commit genocide, serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions, and persecution as a crime against humanity.

The Trial Chamber sentenced the Accused to 25 years of imprisonment. This sentence was reduced by 6 months because of violations of the Accused’s rights that occurred while in detention prior to his transfer to the ICTR.

Procedural history

The initial indictment against Semanza contained seven counts. On 18 June 1999, the Chamber orally granted the Prosecution application to amend the Indictment ordering it, however, to further substantiate the concise statement of facts regarding the new charges, particularly those based on Common Article 3 and Additional Protocol II. On 23 June 1999, the Prosecution filed its first amended indictment adding seven new counts. On 2 July 1999, it filed its second amended indictment correcting minor translation discrepancies between the English and French versions of the first amended indictment. On 1 September 1999, the Chamber handed down the written version of the decision rendered orally on 18 June 1999. In compliance with the decision, on 12 October 1999, the Prosecution filed the third amended indictment, which contained the final version of the Prosecution's charges.

The indictment charged the Accused with fourteen counts of genocide, crimes against humanity and war crimes. Specifically. Semanza was charged with genocide (Count 1), direct and public incitement to commit genocide (Count 2), complicity to commit genocide (Count 3); murder (Counts 4, 12, 14), extermination (Count 5), persecution (Count 6), rape (Counts 8, 10) and torture (Count 11) as crimes against humanity; rape and other serious violations of Common Article 3 and Additional Protocol II (Counts 7, 13), rape and other forms of indecent assault as serious violations of Common Article 3 and Additional Protocol II (Count 9).

Related developments

The Accused appealed against his convictions. The Appeals Chamber accepted certain grounds of appeal and rejected others.

Legally relevant facts

According to the indictment, Semanza was responsible for crimes that had occurred during April 1994 at Ruhanga church and Musha church in Gikoro commune and at Mwulire Hill and Mabare mosque in Bicumbi commune. For his alleged involvement in these attacks, he was charged with genocide (Count 1) and complicity to commit genocide (Count 3); murder (Count 4), extermination (Count 5), persecution (Count 6) and rape (Count 8) as crimes against humanity; rape and other serious violations of Common Article 3 and Additional Protocol II (Count 7), and rape and other forms of indecent assault as serious violations of Common Article 3 and Additional Protocol II (Count 9) (para. 9).

During the Musha church attack, the Accused allegedly cut off the arm of Victim C, resulting in his death. Therefore, he was also charged with torture (part of Count 11) and murder (part of Count 12) as crimes against humanity, and with serious violations of Common Article 3 and Additional Protocol II (part of Count 13) (para. 10).

The indictment further alleged that between 1991 and 1994, the Accused had publicly invited, planned and organized the massacres of Tutsi civilians, for which he was charged with direct and public incitement to commit genocide (Count 2) (para. 11).

For his involvement in the rape and killing of Tutsi women in Gikoro commune between 7 and 30 April 1994, Semanza was charged with rape (Count 10), torture (part of Count 11), and murder (part of Count 12) as crimes against humanity; and with serious violations of Common Article 3 and Additional Protocol II (part of Count 13) (para. 12).

According to the indictment, on 8 April 1994 the Accused instigated a group of Interahamwe in Bicumbi to kill a particular Tutsi family, for which he was charged with murder as a crime against humanity (Count 14) (para. 13).

Core legal questions

Whether Semanza was guilty of genocide and complicity to commit genocide; murder, extermination, persecution, torture and rape as crimes against humanity; rape and other serious violations of Common Article 3 and Additional Protocol II, and rape and other forms of indecent assault as serious violations of Common Article 3 and Additional Protocol II for his role in the crimes committed against Tutsis during April 1994 at Ruhanga church and Musha church in Gikoro commune and at Mwulire Hill and Mabare mosque in Bicumbi commune.
Whether the Accused’s actions between 1991 and 1994 amounted to direct and public incitement to commit genocide.
Whether the Accused should be convicted of rape, torture and murder as crimes against humanity and war crimes for his involvement in the rape and killing of Tutsi women in Gikoro commune between 7 and 30 April 1994.
Whether the Accused had committed murder as a crime against humanity by instigating a group of Interahamwe in Bicumbi to kill a particular Tutsi family on 8 April 1994.
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, 3, 4, 6(1),(3), 20(4)(a),(b),(f), 22 and 23 of the ICTR Statute.
Rules 3(B),(E), 40, 40bis, 67(A),(B), 87(A), 89, 101, 102(a) and 103 of the ICTR Rules of Procedure and Evidence.
Article 3 common to the Geneva Conventions and of Additional Protocol II thereto.

Court's holding and analysis

Semanza was found guilty on Count 3 as an accomplice to genocide and not guilty on Counts 1 and 2 (paras. 436-438).

The Chamber further found that Semanza had aided and abetted the principal perpetrators of the murders at Musha church and at Mwulire Hill. However, it did not enter a conviction on Count 4 because it was an included offence in Count 5 (extermination as a crime against humanity), on which the Accused was convicted, with Judge Dolenc dissenting (paras. 460-465).

The Accused was acquitted of Counts 6 and 8 (paras. 472-474).

The Chamber found the Accused guilty of rape (Count 10), torture (Count 11) and murder (Counts 12, 14) as crimes against humanity (paras. 479, 488, 494, 499).

With regard to Count 7, the Chamber found, with Judge Ostrovsky dissenting, that the Accused’s actions at Musha church and Mwulire Hill violated Article 4(a) of the Statute. Judge Williams considered that the Accused should be convicted on this Count; however, Judge Dolenc maintained that a conviction was impermissible in this case because of the apparent ideal concurrence of the crime charged therein with the crime of complicity in genocide (Count 3). Thus, by a majority, Semanza was not convicted on Count 7 (paras. 535-536).

The Chamber acquitted the Accused of Counts 9 and 13. Regarding the latter, the majority, with Judge Ostrovsky dissenting, held that there had been a violation of Article 4(a) of the Statute. Judge Williams argued that the Accused should be convicted on this Count, but Judge Dolenc considered such a conviction impermissible due to the apparent ideal concurrence of the crime charged under Count 13 with rape, torture and murder as crimes against humanity (Counts 10, 11, 12) (paras. 539,551-552).

After taking into account the gravity of the offence, the aggravating and mitigating factors, the Trial Chamber sentenced Semanza to twenty-five years’ imprisonment in total. His sentence was reduced by six months to compensate the violations of his rights (para. 590).