The Prosecutor v. Emmanuel Rukundo

Court	International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Case number	ICTR-2001-70-T
Decision title	Judgement
Decision date	27 February 2009
Parties	The Prosecutor Emmanuel Rukundo
Categories	Crimes against humanity, Genocide
Keywords	crimes against humanity, ethnic group, extermination, genocide, intent to destroy, kill, Murder, serious bodily and mental harm, widespread or systematic attack
Links	Judgement

Summary

Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, Rukundo, an ordained priest, was appointed as a military chaplain for the Rwandan army, a position he maintained throughout the genocide in 1994.

On 27 February 2009, Trial Chamber II of the ICTR found him guilty of genocide, murder and extermination as crimes against humanity and sentenced him to 25 years' imprisonment. The conviction was based on the participation of the Accused in the killings of Tutsi civilians in the Gitarama prefecture. In mid-April 1994, Rukundo, with soldiers of the Rwandan army abducted and killed Madame Rudahunga and severely beat and injured her two children. He was present during the commission of this crime and the soldiers acted under his authority. In addition, between mid-April and the end of May 1994, on at least four occasions Rukundo was found to have played an integral role in the abduction and subsequent killing of Tutsi refugees from the St. Léon Minor Seminary. He was also found guilty of sexually assaulting a young Tutsi woman.

Rukundo’s stature as a well-known priest in the community and the fact that he was an educated person were considered by the Chamber as aggravating factors. He was sentenced to 25 years' imprisonment.

Procedural history

In February 1993, Emmanuel Rukundo was appointed military chaplain for the Rwandan Armed Forces (RAF).

In the amended indictment of 6 October 2006, the Prosecution charged the Accused with three counts pursuant to Articles 2 and 3 of the Statute: genocide and murder and extermination as crimes against humanity. According to the indictment, the Accused bore individual criminal responsibility for these crimes pursuant to Article 6(1) of the Statute.

The indictment alleged that these crimes had been committed between 6 April and 31 May 1994 in various locations in Gitarama and Cyangugu prefectures, Rwanda. According to the Indictment, the Accused had relied on his authority as a priest and military chaplain in the RAF to order, instigate, or aid and abet soldiers, Interahamwe and armed civilians to commit the crimes charged in the indictment.

Related developments

The Accused and the Prosecution both appealed the Trial judgment. The Appeals Chamber granted some of the Accused’ s grounds of appeal, while it dismissed the Prosecution’s appeal. The Appeals Chamber reduced the Accused’s sentence to 23 years of imprisonment.

Legally relevant facts

In 1994, particularly between 6 April and 17 July 1994, there had been widespread and systematic attacks against the Tutsi throughout Rwanda including Gitarama prefecture. As a result, many Tutsis from this prefecture had their homes and had sought refuge in various places in Kabgayi, including the premises under the control of the Kabgayi diocese, such as the St. Léon Minor Seminary, St. Joseph’s College, the Kabgayi Major Seminary, the Gitarama Parish and TRAFIRPO, otherwise known as the CND (para. 9).

The Prosecution had charged Rukundo with genocide, murder and extermination as crimes against humanity. The crimes had been allegedly committed in Gitarama prefecture, at the Gitarama communal office in Nyabikenke and at various locations in Kabgayi, including the Bishopric, the St. Léon Minor Seminary, the CND, the Kabgayi Major Seminary and St. Joseph’s College (para. 553).

Rukundo had been charged with responsibility for these crimes, pursuant to Article 6(1) of the Statute, for having planned, instigated, ordered, committed or otherwise aided and abetted the planning, preparation or execution of the crimes charged (para. 554).

Core legal questions

Whether the Accused was guilty of genocide for his role in the killing of Madame Rudahunga, the infliction of serious bodily harm to two of her children and two other Tutsi civilians in April 1994, the abductions and the killing of Tutsi refugees from the St. Léon Minor Seminary between April 1994 and the end of May 1994 and the sexual assault of a young Tutsi woman at the St. Léon Minor Seminary in May 1994.
Whether he had also committed murder as a crime against humanity by killing Madame Rudahunga in May 1994.
Whether he was also guilty of extermination as a crime against humanity for the abductions and killings of Tutsi refugees from the St. Léon Minor Seminary between April 1994 and the end of 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, 3, 6(1), 20(3),(4)(a) and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 2(B), 33(B), 46(A), 54, 65, 67, 71, 73(A),ter, 87(A), 89, 90(A), 91, 92 bis, 94(A), 98 bis, 101, 102(A) and 103 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

The Trial Chamber found Rukundo guilty on Count 1 of the indictment, under Article 6(1) of the Statute, for committing genocide by killing Madame Rudahunga and causing serious bodily harm to two of her children and two other Tutsi civilians in April 1994, through the abductions and the killing of Tutsi refugees from the St. Léon Minor Seminary between April 1994 and the end of May 1994 and, with Judge Park dissenting, through the sexual assault of a young Tutsi woman at the St. Léon Minor Seminary in May 1994 (paras. 569, 573, 576).

The Trial Chamber further found Rukundo guilty on Count 2 of the Indictment, under Article 6(1), for committing murder as a crime against humanity for the killing of Madame Rudahunga sometime in May 1994 (para. 585).

The Chamber also convicted the Accused of extermination as a crime against humanity, under Article 6(1), for abductions and killings of Tutsi refugees from the St. Léon Minor Seminary between April 1994 and the end of May 1994 (para. 590).

After taking into account the gravity of the offences, the aggravating and mitigating factors, the Chamber sentenced Rukundo to 25 years of imprisonment (para. 608).

In his dissenting opinion, Judge Park noted that he was unable to agree with the majority of the Trial Chamber in its conclusion that Witness CCH had suffered serious mental harm as a result of the sexual assault carried out by the Accused. He considered that the circumstances in this case did not rise to the level of serious mental harm required for a conviction of genocide (para. 1).