The Prosecutor v. Tharcisse Muvunyi

Court	International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Case number	ICTR-00-55A-T
Decision title	Judgement
Decision date	11 February 2010
Parties	The Prosecutor Tharcisse Muvunyi
Categories	Genocide
Keywords	ethnic group, genocide, intent to destroy
Links	Judgement

Summary

During the Rwandan genocide, Tharcisse Muvunyi was a Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers (ESO) in Butare prefecture.

On 12 September 2006, Muvunyi was convicted by Trial Chamber II of this Tribunal for several acts of genocide, direct and public incitement to commit genocide, and other inhumane acts and sentenced to 25 years imprisonment.

On 29 August 2008, the Appeals Chamber set aside all convictions and the sentence, but ordered a retrial on one count of direct and public incitement to commit genocide.

This is the summary of the retrial. According to the indictment, Muvunyi had spoken at a meeting at the Gikore Centre in Nyaruhengeri commune, Butare prefecture, in early May 1994 and had incited the killing of Tutsis by using Kinyarwanda proverbs that had been understood by the local population as a call to exterminate the Tutsis, violating Article 2(3)(c) of the Statute.

The Trial Chamber found the Accused guilty of direct and public incitement to commit genocide and sentenced him to 15 years of imprisonment.

Procedural history

Tharcisse Muvunyi was convicted by Trial Chamber II of the ICTR on 12 September 2006 for several acts of genocide, direct and public incitement to commit genocide, and other inhumane acts and sentenced to 25 years imprisonment.

On 29 August 2008, the Appeals Chamber reversed all convictions and the sentence, but ordered a retrial of one allegation of direct and public incitement to commit genocide.

This judgment is the result of the retrial of this allegation. According to the indictment, Muvunyi had spoken at a meeting at the Gikore Centre in Nyaruhengeri commune, Butare prefecture, in early May 1994 and had incited the killing of Tutsis by using Kinyarwanda proverbs that had been understood by the local population as a call to exterminate the Tutsis, violating Article 2(3)(c) of the Statute.

Related developments

The Accused appealed the trial judgment and requested the Appeals Chamber to overturn his conviction. The Prosecution submitted one ground of appeal challenging the sentence and requested the Appeals Chamber to increase the duration to 25 years of imprisonment. On 1 April 2011 The Appeals Chamber dismissed both appeals and upheld the Accused’s sentence to 15 years of imprisonment.

On 6 March 2012, the President of the Tribunal granted the Accused’s Application for early release.

Legally relevant facts

Under count 3 of the indictment, the Prosecution charged the Accused with direct and public incitement to commit genocide pursuant to Article 2(3)(c) of the Statute and with individual criminal responsibility under Article 6(1) (para. 20).

The Chamber recalled that it was undisputed that there was a variance between the pleading and the evidence concerning the date of the Gikore meeting. The Prosecution acknowledged that the indictment pleaded the relevant timeframe incorrectly as it should have alleged that the meeting had occurred in late May or early June 1994, rather than early May (para. 21).

The Parties agreed that the Accused had spoken at a public meeting in Gikore in May. Nonetheless, they disagreed in respect of the purpose of the meeting and the general theme of the speakers, particularly regarding the content of the speech (para. 40).

The Trial Chamber noted that the testimony of the Prosecution and Defence factual witnesses regarding the Gikore meeting was consistent in several respects, which went beyond their agreement on the approximate date of the meeting, its location, and the Accused’s participation. The witnesses were also largely consistent with respect to the authorities present and the order in which they spoke (paras. 48-49).

Core legal questions

Whether the Accused had been properly informed of the exact meeting the charges against him related to.
Whether the Accused was guilty of direct and public incitement to commit genocide for his speech at a public meeting in Gikore in May 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(2),(3)(c), 6(1), 20(3), 22 and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 68, 92 bis, 98 bis, 101 and 102(B) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

Relying on the extensive consistencies between the Prosecution and Defence evidence, the Chamber concluded that the Parties had given evidence concerning the same meeting in Gikore in mid to late May 1994 and that the Accused had addressed the audience at that meeting (para. 59).

The Chamber was further satisfied that there had been only one public meeting in Gikore in mid to late May 1994 and that despite the variance between the date pleaded in the indictment and the evidence presented by the Prosecution, the Accused had been clearly informed of the meeting the charges were related to (para. 62).

In light of the content of the Accused’s speech, his specific targeting of Tutsis, the large-scale massacres of Tutsis that had already occurred in the area, which must have been known to him and the fact that the speech was given to a large crowd, the Chamber concluded that the Accused had acted with genocidal intent. Therefore, he was found guilty of direct and public incitement to commit genocide at the Gikore Centre in mid to late May 1994 (paras. 131-132).

After taking into account the gravity of his offences, the aggravating and mitigating factors and the time served as of 5 February 2000, the Trial Chamber sentenced the Accused to 15 years of imprisonment (para. 153).