The Prosecutor v. Mikaeli Muhimana

Court	International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Case number	ICTR-95-1B-T
Decision title	Judgement and Sentence
Decision date	28 April 2005
Parties	The Prosecutor Mikaeli Muhimana
Categories	Crimes against humanity, Genocide
Keywords	cause serious bodily or mental harm, crimes against humanity, ethnic group, genocide, intent to destroy, kill, Murder, rape, widespread or systematic attack
Links	Judgement and Sentence

Summary

On 28 April 2005, Trial Chamber III of the ICTR sentenced Mikaeli Muhimana to imprisonment for the remainder of his life. The Trial Chamber found Muhimana, a former conseiller of Gishyita Sector in Kibuye prefecture, guilty on three counts: genocide, rape as a crime against humanity and murder as a crime against humanity.

The Chamber found Muhimana guilty of murdering several Tutsi civilians, including a pregnant woman whom he had disembowelled in order to see what the foetus looked like. The Chamber found that Muhimana’s active participation in the decapitation of Assiel Kabanda, and the subsequent public display of his severed head also constituted an aggravating factor. The Accused was found criminally liable for committing and abetting rapes as part of a widespread and systematic attack against the Tutsi civilian population. He had personally raped several Tutsi women in his home and at other locations. He also raped a girl whom he believed to be Tutsi, and apologized to her when he later found out that she was, in fact, Hutu.

Procedural history

Mikaeli Muhimana, also known as Mika Muhimana, became conseiller (councilor)of Gishyita Secteur (Sector) in 1990.

The original indictment, issued on 22 November 1995 in Case No. ICTR-95-1-I, charged the Accused jointly with seven others. An amended joint indictment, dated 29 April 1996, was confirmed on 6 May 1996. In that indictment, the Accused was charged with seven counts, namely: conspiracy to commit genocide; genocide; murder as a crime against humanity; extermination as a crime against humanity; other inhumane acts as a crime against humanity; serious violations of Article 3 common to the Geneva Conventions, and serious violations of Additional Protocol II thereto.

On 5 November 2002, the Prosecution renewed its request for leave to sever the Indictment against the Accused from the original Indictment. This motion was granted on 14 April 2003. The Prosecution filed an amended indictment on 3 February 2003, with factual allegations specifically related to the Accused on four counts: genocide; complicity in genocide; rape as a crime against humanity; and murder as a crime against humanity. On 17 April 2003, the Prosecution filed a motion for leave to amend the Indictment, which Trial Chamber I granted on 21 January 2004.

The indictment, as amended on 21 January 2004, charged the Accused with four counts: genocide; or alternatively, complicity in genocide; murder as a crime against humanity and rape as a crime against humanity. All of the alleged events, on which these charges were based, occurred between April and June 1994, in the Bisesero area and in many locations in Gishyita Commune, Kibuye Préfecture, in Rwanda.

Related developments

The Accused appealed his convictions and his sentence. The Appeals Chamber granted certain grounds of appeal and rejected others and confirmed his sentence to life imprisonment.

Legally relevant facts

In its factual findings, the Trial Chamber concluded that the Accused had raped Goretti and Languida (para. 32).

The Chamber further found that the Accused had hunted and had attacked Tutsi civilians seeking refuge in the Nyarutovu Hills. He also participated in the search for and attack on Tutsi civilians at Ngedombi Hill (paras. 68, 78). The Chamber also found that the Accused had raped Esperance Mukagasana in his residence (para. 108).

The Chamber concluded that the Accused killed a Tutsi civilian named Kaihura. He also participated in the attack against Mubuga Church, which resulted in the deaths of hundreds of people (para. 167).

The Chamber further found that the Accused together with a group of Interahamwe, abducted a group of Tutsi girls, led them to a cemetery near Mubuga Church and raped one of the abducted girls, Agnes Mukagatere. He also raped Mukasine Kajongi, Witness BJ and Witness AU in the basement of Mugonero Hospital and had instructed or ordered the killing of Mukasine Kajongi and Amos Karera’s daughter (paras. 204, 273, 276, 291, 304).

The Chamber also found that the Accused had permitted Mugonero to take away Witness BG, knowing that he wanted to rape her. The Chamber further found that Mugonero had raped Witness BG several times in his house (para. 323).

The Chamber found that the Accused and others had searched for and attacked Tutsi civilian refugees taking refuge in the Kanyinya Hill area and in the Muyira area (paras. 345, 375).

The Chamber also found that the Accused had disemboweled Pascasie Mukaremera on Rugona Hill in mid-May 1994 and had participated in the killing of a Tutsi businessman named Assiel Kabanda (paras. 402, 450).

Core legal questions

Whether the Accused’s participation in the attacks against Tutsis during the months of April and May 1994 amounted to genocide.
Whether the Accused was guilty of complicity in genocide.
Whether the Accused was guilty of rape and murder as crimes against humanity for his acts between 6 April 1994 and 30 June 1994 in Gishyita sector, Mugonero church, hospital and nursing school and in the Bisesero area.
Which aggravating and mitigating factors the Trial Chamber should take into consideration upon sentencing.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 1, 2, 3, 5, 6(1), 7, 19(1), 20(2),(4)(b),(e) 22 and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 50, 62, 65 ter, 73, 73 bis, 86(C), 89(C), 92 bis,93, 101 (A), 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 held that the Accused was guilty of genocide (Count 1) since his participation in the attacks and his words and actions demonstrated his intent to destroy, in whole or in part, the Tutsi group (paras. 518-519). The Chamber dismissed the count of complicity in genocide (Count 2) (para. 520).

The Chamber found the Accused guilty of rape as a crime against humanity (Count 3) (para. 563).

The Chamber further held the Accused guilty of murder as a crime against humanity (Count 4) (para. 583).

The Trial Chamber recognized a range of aggravating factors but no mitigating factors (paras. 604-616). After taking into account the individual circumstances of the Accused and the seriousness of the crimes committed, the Chamber sentenced the Accused to imprisonment for the remainder of his life for genocide and rape and murder as crimes against humanity (para. 618).