Ildephonse Hategekimana v. The Prosecutor

Court	International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Case number	ICTR-00-55B-A
Decision title	Judgement
Decision date	8 May 2012
Parties	Ildephonse Hategekimana The Prosecutor
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, genocide, Murder, rape
Links	Judgement

Summary

Ildephonse Hategekimana was born in Mugina Commne, Gitarama Prefecture, Rwanda. In 1994, during the events in Rwanda, he held the rank of lieutenant in the Rwandan army. As determined by Trial Chamber II of the Tribunal, during the relevant period covered by the indictment, Hategekimana was the commander of the Ngoma Military Camp in Butare Prefecture.

On 7 September 2007, the Prosecutor of the Tribunal requested the transfer of Hategekimana’s case for trial before Rwandan courts. On 19 June 2008 the Chamber rejected the request due to fears that the Accused would not receive a fair trial in Rwanda. Therefore, the case was tried before Trial Chamber II of the ICTR. On 16 March 2009, Hategekimana was found guilty by the Trial Chamber of genocide, murder as a crime against humanity and rape as a crime against humanity for his role in ordering the killing of Tutsi refugees at the Ngoma church. He was sentenced to life imprisonment.

Hategekimana appealed the Trial judgment on seven grounds, challenging his convictions and his sentence. The Appeals Chamber dismissed all grounds of Appeal and affirmed Hategekimana’s sentence of life imprisonment.

Procedural history

On 6 December 2010 Ildephonse Hategekimana was convicted by Trial Chamber II of the Tribunal for committing genocide based on his role in a joint criminal enterprise which led to the killings of Salomé Mujawayezu, Alice Mukarwesa and Jacqueline Mukaburasa and of Tutsi civilians at the Ngoma Parish and the Maison Généralice. He was also convicted of murder as a crime against humanity for ordering the abduction and killing of Jean Bosco Rugomboka and for his role in a joint criminal enterprise which resulted in the deaths of Salomé Mujawayezu, Alice Mukarwesa, Jacqueline Mukaburasa, and Solange Karenzi. The Trial Chamber found the Accused guilty as a superior of rape as a crime against humanity for the rape of Nura Sezirahiga. He was sentenced to a single term of life imprisonment.

The Accused submitted seven grounds of appeal challenging his convictions and sentence. He requested that the Appeals Chamber set aside or reverse his convictions, order his immediate release, or, alternatively, provide redress for the violations of his fair trial rights by reducing his sentence to time-served and awarding him financial compensation.

The Prosecution responded that the Accused’s appeal should be dismissed. The Appeals Chamber heard oral arguments on this Appeal on 15 December 2011.

Legally relevant facts

Under ground 1 of his appeal, the Accused submitted that the Trial Chamber violated his right to a fair trial (para. 12).

Under ground 2 of his appeal, the Accused contended that the Trial Chamber erred in convicting him for the murder of Rugomboka (para. 57).

Under ground 3 of his appeal, the Accused advanced that the Trial Chamber had erred in convicting him for the killings of Mujawayezu, Mukarwesa and Mukaburasa (para. 130).

Under ground 4 of his appeal, the Accused argued that the Trial Chamber had erred in finding him guilty of the rape of Nura Sezirahiga (para. 159).

Under ground 5 of his appeal, the Accused submitted that the Trial Chamber had erred in convicting him for the killings at the Ngoma Parish (para. 206).

Under ground 6 of his appeal,the Accused submitted that the Trial Chamber had erred in convicting him for the killings of Tutsis resulting from the attack at the Maison Généralice, including the murder of Solange Karenzi (para. 251).

Under ground 7 of his appeal, the Accused advanced that the Trial Chamber has erred in assessing his sentence and that no trier of fact could have sentenced him to life imprisonment (para. 289).

Core legal questions

Whether the Accused’s right to a fair trial had been violated by the Trial Chamber (ground 1 of appeal).
Whether the Trial Chamber had erred in finding the Accused guilty of Rugomboka’s murder as crime against humanity (ground 2 of appeal).
Whether the Trial Chamber had correctly convicted the Accused for the killings of Mujawayezu, Mukarwesa and Mukaburasa (ground 3 of appeal).
Whether the Trial Chamber had erred in finding the Accused guilty of Sezirahiga’s rape as a crime against humanity (ground 4 of appeal).
Whether the Trial Chamber had correctly convicted the Accused for the Ngoma Parish killings (ground 5 of appeal).
Whether the Trial Chamber had erred in convicting the Accused for the killings of Tutsis resulting from the attack at the Maison Généralice, including the murder of Solange Karenzi (ground 6 of appeal).
Whether the sentence of life imprisonment had been correctly imposed on the Accused (ground 7 of appeal).

Specific legal rules and provisions

Articles 3, 6(1),(3), 20(3),(4)(d), 24 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 15(A), 68, 89(C), 90(F)(i), 101(B)(ii), 103(B), 107, 118, 119 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

The Chamber found no violations of the Accused's right to a fair trial committed by the Trial Chamber (para. 55).

After examining the legal elements of crimes against humanity, the forms of criminal responsibility and the assessment of the evidence, the Chamber concluded that the Trial Chamber had not erred in finding the Accused guilty of Rugomboka’s murder (paras. 57-128).

After considering the legal elements of genocide, the form of criminal responsibility and the evidence, the Chamber upheld the Accused's conviction for the killings of Mujawayezu, Mukarwesa and Mukaburasa (paras. 130-157).

After examining the legal elements of rape as a crime against humanity, the form of responsibility and the evidence, the Chamber affirmed the Accused’s conviction for Sezirahiga’s rape (paras. 159-204).

After considering the form of criminal responsibility and the evidence, the Chamber upheld the Accused's conviction for the Ngoma Parish killings (paras. 206-249). Upon consideration of the Accused’s notice of the nature of his participation in the joint criminal enterprise and the assessment of the evidence, the Chamber dismissed the Accused’s sixth ground of appeal (paras. 251-286).

After considering the gravity of Mr. Hategekimana’s crimes, the aggravating and mitigating factors, the Chamber upheld the Accused's sentence to life imprisonment (paras. 289-306).