Alfred Musema v. The Prosecutor

Court	International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Case number	ICTR-96-13-A
Decision title	Judgement
Decision date	16 November 2001
Parties	Alfred Musema The Prosecutor
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, extermination, genocide, rape
Links	Judgement

Summary

The Accused, Alfred Musema, was formerly director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. On January 27 2000, Trial Chamber I of the ICTR convicted him of genocide and crimes against humanity and sentenced him to life imprisonment.

Musema submitted six grounds of appeal against his conviction and argued that the sentence imposed by the Trial Chamber had been too severe.

On 16 November 2001, the Appeals Chamber confirmed Musema's conviction for genocide and for extermination as a crime against humanity. The Chamber also upheld the sentence of imprisonment for life for those crimes. Musema’s conviction for rape as a crime against humanity was set aside by the Appeals Chamber on the basis of new evidence which it heard.

With regard to the appeal against the sentence, the Appeals Chamber noted that the quashing of his conviction for rape could not affect the exceptional gravity of the crimes for which he had been convicted. The Accused failed to demonstrate that the Trial Chamber had committed any error that would invalidate the sentence of imprisonment for life.

Procedural history

In the amended indictment of 6 May 1999, Musema was charged with involvement in crimes committed during the months of April, May and June 1944 in Gisovu and Gishyita communes. Musema was charged under Articles 6(1) and 6(3) of the Statute with genocide (Count 1), complicity in genocide and conspiracy to commit genocide (Counts 2 and 3), crimes against humanity (murder, extermination, other inhumane acts, rape, Counts 4-7) and serious violations of common Article 3 of the Geneva Conventions and Additional Protocol II (Counts 8-9).

On 27 January 2000, Trial Chamber I delivered its judgment. The Chamber found the Accused guilty of genocide and crimes against humanity (extermination and rape) and not guilty on the remaining counts. He was sentenced to life imprisonment.

Musema appealed against the conviction and sentence handed down by the Trial Chamber. The Accused requested that the Appeals Chamber (i) set aside the verdict of the Trial Chamber with respect to Counts 1, 5 and 7; (ii) substitute each of the verdicts of guilty for a verdict of not guilty; (iii) order his immediate release.

The Appeals Chamber heard all the parties at a public hearing on 28 and 29 May 2001.

Legally relevant facts

Under ground 1 of his appeal, Musema submitted that the Trial Chamber had erred in its assessment of evidence and in its factual findings (para. 11).

According to the Accused, his second, fourth and fifth grounds of appeal form part of the general argument that the Trial Chamber had failed to ensure that his right to a fair trial was respected. The Accused contended that these grounds of appeal relate to his fundamental rights, namely, the right to be informed promptly and in detail of the nature of the charges against him, the right to have adequate time for the preparation of his defence and lastly the right to be tried without undue delay (para. 331).

Under ground 6, the Accused argued that the Trial Chamber had erred in finding him guilty of genocide and of extermination on the basis of the same set of facts. He requested the Appeals Chamber to quash the conviction for extermination (para. 346).

He also appealed against his sentence, which he considered excessive, and requested the Appeals Chamber to set it aside and replace it with a sentence of fixed duration (para. 371).

Core legal questions

Whether the Trial Chamber had committed errors of law and of fact in its assessment of evidence and in its factual findings.
Whether the Trial Chamber had failed to ensure that the Accused's right to a fair trial was respected.
Whether the Trial Chamber had erred in convicting the Accused of genocide and extermination as a crime against humanity on the basis of the same set of facts.
What the effect on the sentence would be, in case any of the grounds of appeal was accepted.

Specific legal rules and provisions

Articles 2, 3, 4, 6(1),(3), 19, 20, 21, 22(2), 23, 24 and 25 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 66(A)(ii), 68, 69(A), 73bis (E), 75(A), 88(C), 89, 90(G), 91(B), 92, 94, 95, 101, 115, 118 and 119 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
Article 3 common to the Geneva Conventions and of Additional Protocol II thereto.

Court's holding and analysis

Concerning the Accused's first ground of appeal, the Appeals Chamber held that the Trial Chamber's factual and legal findings in relation to the rape of Nyiramusugi were incorrect and, thus, quashed the conviction for rape as a crime against humanity (Count 7). The Chamber dismissed the Accused's first ground of appeal in all other respects (paras. 193-194, 330).

Regarding the Accused's second ground of appeal, the Chamber noted that he presented arguments which he should have submitted before the Trial Chamber. Therefore, and in the absence of exceptional circumstances warranting consideration of this ground, the Chamber dismissed them (para. 341).

The Chamber did not deem it necessary to rule on the merits of grounds 4 and 5, since the guilty verdict in respect of Count 7 had already been set aside (paras. 343,345).

The Chamber confirmed that cumulative charging was generally permitted and, therefore, dismissed the Accused's sixth ground of appeal (para. 370).

The Appeals Chamber found that the Accused had failed to demonstrate any error on the part of the Trial Chamber invalidating the sentence of life imprisonment. As a result, the Appeals Chamber upheld the sentence imposed by the Trial Chamber (para. 399).