The Prosecutor v. Callixte Kalimanzira

Court	International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Case number	ICTR-05-88-T
Decision title	Judgement
Decision date	22 June 2009
Parties	The Prosecutor Callixte Kalimanzira
Categories	Genocide
Keywords	ethnic group, genocide, intent to destroy, kill, serious bodily or mental harm
Links	Judgement

Summary

Callixte Kalimanzira was the Minister of Interior during the genocide in Rwanda.

In its judgment of 22 June 2009, the Trial Chamber of the ICTR noted that, on 23 April 1994, Kalimanzira went to Kabuye hill in Butare prefecture with soldiers and policemen, where thousands of Tutsi refugees were attacked and killed. The Accused’s role in luring Tutsis to Kabuye hill and his subsequent assistance in providing armed reinforcement substantially contributed to the overall attack. Therefore, the Chamber found the Accused guilty of aiding and abetting genocide at Kabuye hill. The Chamber further found him guilty of direct and public incitement to commit genocide on several occasions, including at the Jaguar roadblock, the Kajyanama roadblock, and the Nyabisagara football field on different dates in April 1994, and at the Gisagara marketplace at the end of May 1994.

The Trial Chamber sentenced the Accused to 30 years imprisonment.

Procedural history

The Prosecution alleged that Callixte Kalimanzira, from 6 April to 25 May 1994, acted functionally as the Minister of Interior in Faustin Munyazesa’s absence. He was allegedly a high-ranking member of the Mouvement Révolutionnaire National pour la Démocratie et le Développement (MRND) party and acted as the master of ceremonies at the MRND Palace meeting on 19 April 1994 aimed at triggering killings of Tutsis in Butare prefecture. The Accused was a highly-respected by the local population and was accused of abusing his authority to instruct, encourage and prompt the population of Butare prefecture to kill their Tutsi neighbours.

On 21 July 2005, the Prosecution filed an indictment against Kalimanzira, which was confirmed the following day. The Prosecution charged Kalimanzira with three counts pursuant to Article 2(3) of the Statute, namely genocide, complicity in genocide and direct and public incitement to commit genocide; under Article 6(1) of the Statute, the Accused was held criminally responsible individually.

Related developments

The Trial judgment was appealed by the Accused and the Prosecution. The Appeals Chamber granted a number of the Accused’s grounds of appeal, while it dismissed the Prosecution’s appeal in its entirety. It reduced the Accused’s sentence from 30 years to 25 years imprisonment.

Legally relevant facts

The Prosecution alleged that, from April to 25 May 1994, Kalimanira had acted, functionally, as the Minister of the Interior. He was also alleged to have been a high-ranking member of the MRND party and to have acted as the master of ceremonies at the MRND Palace meeting on 19 April 1994 aimed at triggering killings of Tutsis in Butare prefecture. The Accused was well-liked and highly respected by the local population and was accused of abusing his authority to instruct, encourage and prompt the population of Butare prefecture to kill their Tutsi neighbours (para. 7).

The Defence contended that the Accused had always discharged his duties as a civil servant with honour and integrity, without ever having anti-Tutsi sentiments. The Accused presented an alibi claiming that, apart from a few occasions, he had remained in Gitarama prefecture throughout April and May 1994, thus denying his presence at many of the incidents alleged by the Prosecution (para. 8).

Core legal questions

Whether the Accused was guilty genocide for his role at the MRND Palace meeting on 19 April 1994, at the Butare Prefectural Security Council meetings in May 1994, at the Muganza Commune football field security meeting at the end of April or early May 1994, for his presence during rallies in Butare prefecture and for his visits to Butare prefecture between April and mid-July 1994.
Whether the Accused’s speeches and actions at different locations in Butare prefecture had contributed to the killings of Tutsis that followed.
Whether the Accused was guilty of public and direct incitement to commit genocide against the Tutsi ethnic group.
What the appropriate sentence would be, in case the Accused was found guilty.

Specific legal rules and provisions

Articles 2(2),(3), 6(1),(3), 17(4), 20(2),(3),(4)(a),(b), 22 and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 47, 50, 54, 66(A),(B), 67(A)(ii)(a),(B),(C), 68(A), 73(B), 73 ter, 87(A), 89(C), 92 bis (D), 98, 98 bis, 101 and 102(B) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
Article III of the Genocide Convention.

Court's holding and analysis

The Chamber convicted the Accused of aiding and abetting genocide by his presence at the inauguration of Élie Ndayambaje on or around 22 June 1994 (para. 293). The Chamber further found him guilty of aiding and abetting genocide on 23 April 1994 at Kabuye hill (para. 393), as well as of having instigated and aided and abetted genocide at a roadblock on the Butare-Gisagara road on or around 22 April 1994 (para. 474).

Count 2 was pleaded in the alternative to Count 1, thus it was dismissed by the Chamber (paras. 504-505).

The Accused was found guilty of committing direct and public incitement to commit genocide at the Jaguar roadblock, at the Kajyanama roadblock, at the Nyabisagara football field and at the Gisagara marketplace (paras. 562, 589, 614, 729).

After taking into account the gravity of the offences, the aggravating and mitigating circumstances and the time served, the Chamber sentenced the Accused to 30 years imprisonment (para. 756).