Mushikiwabo et al. v. Barayagwiza

Court	United States District Court for the Southern District of New York, United States
Case number	94 CIV.3627 (JSM)
Decision title	Memorandum Opinion and Order
Decision date	9 April 1996
Parties	Louise Mushikiwabo Louis Rutare Rangira Beatrice Gallimore Julie Mukandinda Mugemanshuro Faustin Semuhungu Jean Bosco Barayagwiza
Categories	Crimes against humanity, Genocide
Keywords	Genocide; jurisdiction; damages
Links	Memorandum Opinion and Order
Other countries involved	Rwanda

Summary

Jean Bosco Barayagwiza was leader of the Rwandan Hutu political party known as the Coalition pour la Défense de la République (CDR). CDR militia, under his leadership, participated in the 1994 torture and massacre of thousands of Rwanda's Tutsi minority, as well as moderate members of the Hutu majority.

Barayagwiza was also the owner and board member of radio station RTLM, which encouraged the violence against the Tutsi by broadcasting messages of hate stating that the Tutsi were "the enemy", "traitors," and "deserved to die”.

A lawsuit for damages was filed against Barayagwiza by individuals related to persons who died in the massacres. On 9 April 1996, the District Court of New York ordered the award of $500,000 per relative for pain and suffering, $1,000,000 in punitive damages per relative victim, in addition to the $5,000,000 requested for each plaintiff.

Procedural history

Jean Bosco Barayagwiza was one of the political leaders in Rwanda who played an instrumental role in the 1994 torture and massacre of thousands of Rwanda's Tutsi minority, as well as moderate members of the Hutu majority.

A claim for damages was brought before the U.S. District Court of New York by individuals related to those who died in the massacres.

On 9 April 1996, the District Court of New York decided to award $500,000 per relative for pain and suffering, $1,000,000 in punitive damages per relative victim, this in addition to the $5,000,000 requested for each plaintiff.

Related developments

Jean Bosco Barayagwiza was charged by the International Criminal Tribunal for Rwanda on 23 October 2000 along with co-leader Ferdinand Nahimana and Hassan Ngeze, director and editor of the Kangura newspaper.

On 3 December 2003, Barayagwiza was found guilty for instigating and planning genocide, conspiracy to commit genocide, extermination, and persecution. He was sentenced to 35 years in prison.

On 28 November 2007, the Appeals Chamber affirmed his guilt but only for the counts of instigating the perpetration of acts of genocide, for planning, ordering or instigating the commission of a crime against humanity (extermination), and for instigating the perpetration of a crime against humanity (persecution). His sentence was reduced to 32 years’ imprisonment.

On 27 June 2009, Barayagwiza was transferred to Benin to serve the remainder of his sentence.

On 25 April 2010, Barayagwiza passed away.

Legally relevant facts

Jean Bosco Barayagwiza was a founding member and leader of the Rwandan Hutu political party known as the Coalition pour la Défense de la République (CDR). The CDR had its own militia that in conjunction with Rwandan government forces tortured and killed thousands of Tutsis and moderate Hutus.

Core legal questions

Does the District Court have jurisdiction over the defendant?

Did the plaintiffs establish a factual basis for the claims asserted against the defendant?

Specific legal rules and provisions

Torture Victim Protection Act of 1991 (Title 28 U.S. Code, Chapter 85, Section 1350)

Court's holding and analysis

The District Court held that Jean Bosco Barayagwiza and his co-conspirators acted under color of law. As a result, the Torture Victim Protection Act of 1991 (TVPA) was applicable to his conduct (para. 2).

In addition, the District Court held that plaintiffs met the TVPA’s requirement to exhaust domestic remedies because, as the Court recognized, the plaintiffs demonstrated ‘that the Rwandan judicial system is virtually inoperative and will be unable to deal with civil claims in the near future’. The Court had personal jurisdiction over Barayagwiza as his immunity was waived by Rwanda (para. 2).

In respect of the amount of damages, the District Court awarded $500,000 per relative for pain and suffering, punitive damages of $1,000,000 per relative victim, in addition to the $5,000,000 for each plaintiff that has been requested (para. 3).