Callixte Kalimanzira v. The Prosecutor

Court	International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Case number	ICTR-05-88-A
Decision title	Judgement
Decision date	20 October 2010
Parties	Callixte Kalimanzira The Prosecutor
Categories	Genocide
Keywords	genocide
Links	Judgement

Summary

Callixte Kalimanzira was the directeur de cabinet in the Ministry of Interior, the ministry’s second most senior official, from September 1992 through the relevant events of 1994. On 22 June 2009, Trial Chamber III of the ICTR found Kalimanzira guilty of instigating and aiding and abetting genocide at the roadblock on Butare-Gisagara road around 22 April 1994, at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as mayor of Muganza Community on 22 June 1994. In addition, Kalimanzira was convicted for committing direct and public incitement to commit genocide in Butare prefecture. He was sentenced to 30 years of imprisonment.

Both the Accused and the Prosecution filed an appeal against the Trial judgment. On 20 October 2010, the Appeals Chamber affirmed the conviction for aiding and abetting genocide at Kabuye hill but overthrew the remaining convictions after finding several factual and legal errors in the Trial Chamber’s assessment. The Chamber dismissed the Prosecution’s appeal in its entirety and reduced Kalimanzira's sentence from 30 years to 25 years of imprisonment.

Procedural history

On 22 June 2009, Trial Chamber III convicted Kalimanzira for instigating and aiding and abetting genocide at the Butare-Gisaraga roadblock around 22 April 1994, for aiding and abetting genocide at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as bourgmestre (mayor) of Muganza Commune (community) on 22 June 1994. In addition, the Chamber convicted Kalimanzira for committing direct and public incitement to commit genocide at the Jaguar roadblock in middle to late April 1994, at the Kajyanama roadblock in late April 1994, at the Gisaraga marketplace at the end of May 1994, and at the Nyabisagara football field in late May or early June 1994. He was sentenced to a single term of 30 years of imprisonment.

Kalimanzira presented 11 grounds of appeal challenging his convictions and requested the Appeals Chamber to release him. The Prosecution submitted two grounds of appeal challenging the legal qualification of Kalimanzira’s conviction for genocide in relation to Kabuye hill and the Butare-Gisaraga roadblock as well as his sentence. It requested that the Appeals Chamber change the forms of responsibility for these incidents to ordering and committing and to impose a sentence of life imprisonment.

Legally relevant facts

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

Under ground 2, the Accused argued that the Trial Chamber had erred in assessing his authority and influence in Butare prefecture (para. 42).

Under ground 4, the Accused maintained that the Trial Chamber had erred in rejecting his alibi (para. 53).

Under ground 5, the Accused contended that the Trial Chamber had erred in convicting him for the events relating to the inauguration of Élie Ndayambaje (para. 73).

Under grounds 3 and 6, the Accused contested his conviction for the events at Kabuye hill (para. 82).

Under ground 7, the Accused claimed that the Trial Chamber had erred in convicting him for the events at the Butare-Gisaraga roadblock (para. 127).

Under grounds 8 and 9, the Accused submitted that the Trial Chamber had erred in convicting him for the events at the Jaguar and Kajyanama roadblocks (para. 152).

Under ground 10, the Accused argued that the Trial Chamber had erred in its assessment of evidence regarding the events at the Nyabisagara football field (paras. 170-171).

Under ground 11, the Accused contended that the Trial Chamber had erred in convicting him for direct and public incitement to commit genocide based on the events at the Gisagara marketplace (para. 189).

The Prosecution alleged errors committed by the Trial Chamber relating to the form of criminal responsibility (ground 1) and to the sentence (ground 2) (paras. 203, 223).

Core legal questions

Whether the Trial Chamber had violated the Accused's fair trial rights.
Whether the Trial Chamber had erred in assessing the Accused’s authority and influence in Butare Prefecture.
Whether the Trial Chamber had erred in its assessment of the Accused’s alibi.
Whether the Trial Chamber had erred in convicting the Accused of aiding and abetting genocide.
Whether the Trial Chamber had erred in finding the Accused guilty of instigating and aiding and abetting genocide for his role in the events at the Butare-Gisaraga roadblock in April 1994.
Whether the convictions for direct and public incitement to commit genocide based on the events at the Jaguar and Kajyanama roadblocks in April 1994, at the Nyabisaraga football field in late May or early June 1994 and at the Gisaraga marketplace at the end of May 1994 should be reversed.
Whether the Prosecution’s rounds of appeal should be granted.
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)(c), 6(1), 23 and 24 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 67(A)(ii)(a), 68, 89, 90(A), 101, 103(C), 107, 118 and 119 of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.

Court's holding and analysis

The Appeals Chamber found no violation of the Accused’s right to a fair trial and thus dismissed his first ground of appeal (para. 41).

The Chamber considered that the Trial Chamber’s findings concerning the Accused’s influence in Butare prefecture had not been unreasonable. Thus, it dismissed his second ground of appeal (paras. 50-51). The Chamber further held that the Trial Chamber had not erred in rejecting the Accused’s alibi and rejected his fourth ground of appeal (para. 71).

The Chamber, with Judge Pocar dissenting, granted the Accused’s fifth ground of appeal and reversed his conviction for aiding and abetting genocide with respect to the events (paras. 79-80).

The Chamber held that the Trial Chamber’s error regarding the events at Kabuye-Gisaraga road had not resulted in a miscarriage of justice. Accordingly, the Chamber dismissed the Accused’s third and sixth grounds of appeal (para. 126).

The Chamber, with Judge Pocar dissenting, granted the Accused’s seventh ground of appeal and reversed his conviction for instigating and aiding and abetting genocide at the Butare-Gisaraga roadblock (para. 150). The Chamber granted the Accused's eighth and ninth grounds of appeal as well, and reversed the convictions for direct and public incitement based on the events at the Jaguar and Kajyanama roadblocks (para. 165). Also the tenth and eleventh grounds of appeal were granted by the Chamber - with Judge Pocar dissenting, though - and reversed his convictions for direct and public incitement to commit genocide at the Nyabisagara football field and at the Gisagara marketplace (paras. 187, 202).

The Chamber dismissed the Prosecution’s appeal (paras. 222, 241).

The Chamber, with Judge Pocar dissenting, reduced Kalimanzira’s sentence of 30 years to 25 years of imprisonment(para. 242).

In his partially dissenting and separate opinions, Judge Pocar disagreed with the Majority on its conclusions regarding Kalimanzira’s third, fifth, sixth, seventh, tenth and eleventh grounds of appeal, on the reduction of his sentence (paras. 39-40).

Further analysis

K. Margetts and K.I. Kappos, ‘Current Developments at the Ad Hoc International Criminal Tribunals’, Journal of International Criminal Justice, 2011, Vol. 9., pp. 481-518.