François Karera v. The Prosecutor
| Court |
International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania |
| Case number |
ICTR-01-74-A |
| Decision title |
Judgement |
| Decision date |
2 February 2009 |
| Parties |
- François Karera
- The Prosecutor
|
| Categories |
Crimes against humanity, Genocide |
| Keywords |
crimes against humanity, extermination, genocide, Murder |
| Links |
|
back to topSummary
During the Rwandan genocide, François Karera was prefect of Kigali-Rural and member of the MRND.
On 7 December 2007, Trial Chamber I of the Tribunal found Karera guilty of genocide and extermination and murder as crimes against humanity, for his participation in the killing of Tutsis in Nyamirambo sector, at Ntarama Church, and in Rushashi commune. He was sentenced to life imprisonment.
Karera appealed his convictions and the sentence imposed on him. On 2 February 2009, the Appeals Chamber granted Karera’s appeal in part. It reversed his conviction for aiding and abetting genocide and extermination as a crime against humanity, based on the killing of Murekezi, and for instigating murder as a crime against humanity, based on the murder of Gakuru. The Chamber dismissed all the other grounds of appeal and affirmed the sentence of life imprisonment.
back to topProcedural history
François Karera was charged with individual criminal responsibility under four counts: genocide (Count 1); complicity in genocide (Count 2); extermination as a crime against humanity (Count 3); and murder as a crime against humanity (Count 4). He was additionally charged with superior responsibility under Counts 1, 3 and 4. These counts related to attacks against and the murder of Tutsis in Nyamirambo sector, in Kigali prefecture and at the Ntarama Church.
On 7 December 2007, the Trial Chamber found the Accused guilty, under Article 6(1) of genocide (Count 1) and extermination and murder as crimes against humanity (Counts 3 and 4, respectively). The Trial Chamber acquitted the Accused of the alternative charge of complicity in genocide (Count 2) in light of his conviction for genocide. The Trial Chamber also found the Accused responsible as a superior pursuant to Article 6(3) but it did not enter a separate conviction on that basis, but considered the Accused’s ‘superior position as an aggravating factor in sentencing’. He was sentenced to life imprisonment.
Karera submitted twelve grounds of appeal challenging his convictions and his sentence. In his Appellant’s Brief, the Accused dropped his ninth ground of appeal and so the Appeals Chamber did not address this ground.
back to topLegally relevant facts
Under ground 2 in part, the Accused submitted that the Trial Chamber had erred in its assessment of the evidence (para. 13).
Under ground 3, the Accused contended that the Trial Chamber had erred in finding that he had acted as prefect de facto in ‘Kigali-Rural’ before 17 April 1994 (para. 53).
Under ground 4, Mr. Karera claimed that the Trial Chamber had erred in its findings regarding his involvement in the Mouvement républicain national pour la démocratie et el développement (MRND) and his authority over the Interahmwe (paras. 83-84, 87, 89).
Under ground 5, the Accused argued that the Trial Chamber had erred in its factual findings in relation to his involvement in a campaign to kill Tutsis in Nyamirambo sector (para. 95).
Under ground 6, he submitted that the Trial Chamber had erred in its findings relating to the killing of Tutsis in Ntarama (para. 216).
Under grounds 1, 7 and 2, in part, the Accused contended that the Trial Chamber had erred in its findings concerning the killing of Tutsis in Rushashi community (para. 261).
Under ground 8, he claimed that in its findings regarding his alibi (para. 327).
Under ground 9, the Accused submitted the Trial Chamber had erred in its legal findings (para. 358).
Under ground 11, the Accused submitted that the Trial Chamber had erred in hearing the case of Tharcisse Renzaho while it was deliberating on the Accused’s case (para. 371).
And finally, under ground 12, the Accused challenged his sentence (para. 381).
back to topCore legal questions
- Whether the Trial Chamber had erred in its assessment of the evidence.
- Whether the Trial Chamber had erred in its findings concerning the Accused’s authority in ‘Kigali-Rural’, his involvement in the MRND and his authority over the Interahmawe.
- Whether the Trial Chamber was correct in its findings regarding Mr. Karera’s involvement in the Nyamirambo sector campaign against Tutsis.
- Whether the Trial Chamber’s assessment of evidence with regard to the events in Ntarama was correct.
- Whether the Trial Chamber had erred in its findings on the killing of Tutsis in Rushashi commune.
- Whether the Trial Chamber had correctly assessed the evidence on the Accused’s alibi.
- Whether the Accused’s other grounds of appeal, regarding the Trial Chamber’s legal findings, its hearing of the case of Tharcisse Renzaho and the sentence imposed on the Accused, should be granted.
- What the effect on the sentence would be, in case any of the grounds of appeal was accepted.
back to topSpecific legal rules and provisions
- Articles 6(1),(3), 22 and 24 of the Statute of the International Criminal Tribunal for Rwanda.
- Rules 50, 67(A)(ii), 68, 86(C), 88(C), 89(A), 90(G)(ii), 95, 101(A),(C),(D), 103(B), 107, 108, 118 and 119 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
back to topCourt's holding and analysis
The Appeals Chamber dismissed the Accused’s second ground of appeal in the part relating to the Trial Chamber’s assessment of evidence (para. 51). The Appeals Chamber found no errors in the Trial Chamber’s findings regarding his authority in ‘Kigali-Rural’ before 17 April 1994 and, thus it dismissed the Accused’s second ground of appeal (para. 80). The Appeals Chamber also rejected the fourth ground of appeal (para. 92).
The Appeals Chamber granted the Accused’s fifth ground of appeal in part and reversed his convictions for ordering genocide and extermination and murder as crimes against humanity, based on the alleged murders of Kahabaye, Ndingutse, and Nyagatare (para. 214).
The Appeals Chamber found no error in the Trial Chamber’s findings regarding his participation in the meeting at the Ntarama sector office on 14 April 1994 and his participation in an attack at the Ntarama Church on 15 April 1994. Therefore, it dismissed the Accused’s sixth ground of appeal (para. 258).
The Chamber granted the Accused’s first ground of appeal and reversed his conviction for aiding and abetting genocide and extermination as a crime against humanity based on the alleged weapons distribution in Rushashi commune. It further granted his seventh ground, in part, and reversed his conviction for instigating murder as a crime against humanity based on the killing of Gakuru (paras. 324-325).
The Chamber dismissed the Accused’s eighth and eleventh grounds of appeal (paras. 357,379).
The Chamber reversed the Accused’s convictions under Counts 1 and 3, insofar as they relied on the murder of Murekezi (paras. 369-370).
The Chamber affirmed the Accused’s sentence of life imprisonment (para. 396).
back to topFurther analysis
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