Public Prosecutor v. Michel Gatera

Court	Court of Appeal of Kigali, Rwanda
Decision title	Judgment
Decision date	25 August 1999
Parties	Public Prosecutor Michel Gatera
Categories	Genocide
Keywords	genocide, Murder
Links	Judgment (in French and Kinyarwandan only)

Summary

The appellant, Michel Gatera, was convicted by the Court of First Instance of Kibuye of genocide for his role in leading three sisters to a location where he knew they would subsequently be executed by a group of assailants. Two of the sisters died, the third survived as a result of circumstances outside the control of the perpetrators and testified against the appellant at trial. The Court of Appeal of Kigali, however, overturned the conviction and acquitted Gatera on the ground that there was no proof that established that Gatera had indeed led the three victims to their place of execution. The testimonial evidence relied upon by the Court of First Instance was found to be not reliable and contradictory.

Procedural history

On 30 December 1997, the Court of First Instance of Kibuye convicted the Accused, Michel Gatera, of genocide and sentenced him to 15 years’ imprisonment. On 9 January 1998, counsel for Gatera appealed the decision of the Court of First Instance.

Legally relevant facts

In April 1994, during the Rwandan genocide, sisters Mukeshimana and Mukakarera were surprised and killed by a group of assailants. Their sister, Nyirabagwiza, who was also present with them was grievously injured and survived only by virtue of circumstances beyond the control of the perpetrators (p. 3). The appellant, Gatera, was a member of this group of assailants and was responsible for leading the victims to the place where they were ultimately executed (p. 3).

Core legal questions

Did the Court of First Instance wrongly appreciate the testimony of certain witnesses to erroneously conclude that the appellant, Gatera, was responsible for leading the victims to their place of execution?
Is the Court of First Instance entitled to convict the accused for a charge that did not feature in the indictment of the accused and was never brought up at trial?

Specific legal rules and provisions

Article 168 of the Rwandan Penal Code.
Articles 58(5),(9) and 60 of the Rwandan Code of Criminal Procedure.

Court's holding and analysis

The Court of Appeal found that the Court of First Instance had not provided sufficient reasons for the conclusion it reached and that, contrary to what was held, there is no testimony or other proof which would confirm that the appellant was responsible for leading the victims to their place of execution. The first ground of appeal is therefore allowed (pp. 4-5).

The Court of Appeal found that the Court of First Instance had committed an error of law when in the disposition of the judgment it convicted the appellant of the crime of plotting to devastate the country by massacres and pillage in violation of Article 168 of the Rwandan Penal Code. By virtue of Articles 58(5) and (9) and 60 of the Rwandan Code of Criminal Procedure, a tribunal may not convict an individual for a charge, which did not feature in the indictment. The second ground of appeal was also allowed (p. 5).

The appellant was acquitted (p. 5).