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Kanyarukiga: The Prosecutor v. Gaspard Kanyarukiga

Judgement and Sentence, 1 Nov 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

During the Rwandan genocide of 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.

On 6 April 1994, following the death of President Habyarimana, thousands of Tutsi civilians took refuge at the Nyange Parish, located in the Kivumu community, and were subsequently attacked. These attacks culminated in the destruction of the Nyange Parish Church on 16 April 1994. At the time of the destruction of the Church, about 2000 Tutsi civilians were allegedly confined to the church and were killed during the destruction of the church.

On 6 June 2008 the Prosecution’s request to transfer Kanyarukiga’s case to the courts of Rwanda was denied due to fears that he would not receive a fair trial there.

For the role he played in these events, the Accused was charged by the Prosecutor of the ICTR with genocide or, alternatively, complicity in genocide, and extermination as a crime against humanity. The Trial Chamber convicted him for genocide and extermination and sentenced him to thirty years’ imprisonment.  


Case of Ahorugeze v. Sweden

Judgment, 27 Oct 2011, European Court of Human Rights, France

Sylvère Ahorugeze was a Rwandan national and former director of the Rwandan Civil Aviation Authority and Kigali international airport. An international arrest warrant was issued against him on the basis of his alleged participation in the crime of genocide (intentional destruction of a national, racial, ethnical or religious group or part of it) and crimes against humanity (crimes committed on large scale including but not limited to murder, rape, torture) committed in Rwanda in 1994. On 16 July 2008, Ahorugeze was arrested in Sweden and on 7 July 2009, the Swedish government decided that he could be extradited to Rwanda. 

Subsequently, Ahorugeze filed an application at the ECtHR.  He claimed that his health was poor, and that his Hutu ethnic background, the prison conditions in Rwanda, and a lack of impartiality and independence of the judiciary were factors that should prevent his extradition to Rwanda. The Court dismissed his case and held that there were no reasons to believe that Ahorugeze would be subjected to inhumane or unfair treatment in Rwanda and that he would not receive a fair trial.


Nchamihigo: The Prosecutor v. Siméon Nchamihigo

Judgement and Sentence, 12 Nov 2008, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

During the Rwandan genocide, Siméon Nchamihigo was the Deputy Prosecutor in Cyangugu prefecture.

Nchamihigo was charged with genocide (Count 1), murder, extermination and other inhumane acts as crimes against humanity (Counts 2, 3, 4). On 24 September 2008, Trial Chamber III of the ICTR found that on 7 April 1994, the Accused told Interahamwe to search for and kill Tutsi with the intention to destroy the Tutsi ethnic group and other civilians who were RPF accomplices, as part of a widespread attack against civilians in Cyangugu. The Chamber also concluded that he had participated in various attacks on refugee locations, that he had attended the prefecture Security Council meetings on 11 and 14 April 1994, and that certain of the massacres had been planned during these meetings. Based on the findings, the Trial Chamber convicted Nchamihigo on all counts and sentenced him to life imprisonment. 


Sumner v. UK: Sumner v. United Kingdom of Great Britain and Others

Judgment No. S462, 2 Nov 1999, Supreme Court of South Australia, Australia

In this case, the plaintiff held that building a bridge to Hindmarsh in South Australia would impede on the culture and way-of-life of the Ngarrindjeri in such a dramatic way that it would lead to the destruction of this group. However, at that point, genocide was not a crime under Australian national law. The plaintiff therefore invoked legislation from the UK, arguing that application of this legislation was possible because of the fact that the UK preceded the current Commonwealth of Australia in governing the Australian continent and its adjacent islands. The judge did not accept this argument and reiterated that even when international law prohibits genocide, someone can only be found guilty of genocide if national legislation explicitly prohibits genocide. The claim was denied. Sumner was unsuccessful in appealing to this judgment. The full chamber of South Australia’s Supreme Court reiterated that the interlocutory appeal to prevent the start of constructing the bridge should be denied, as there was no serious case to be tried. It did so, most importantly, because the ‘underpinning’ of the case, the allegation that building the bridge was in essence a genocidal act, was not substantiated with referral to domestic law.


Ndindabahizi: The Prosecutor v. Emmanuel Ndindabahizi

Judgment and Sentence , 15 Jul 2004, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused, Emmanuel Ndindabahizi, had been appointed Minister of Finance in the Interim Government of Rwanda on 9 April 1994 and held the post until July 1994.

For his role in the events that took place at Gitwa Hill and at Gaseke roadblock, the Prosecution of the ICTR charged Ndindabahizi with three counts: genocide; extermination and murder as crimes against humanity. On 15 July 2004, Trial Chamber I of the Tribunal found Ndindabahizi guilty of genocide for instigating, facilitating and assisting attacks against Tutsi refugees who had gathered at Gitwa Hill on two occasions, namely on 23 and 24 April 1994. The Chamber also found him guilty of extermination as a crime against humanity for his actions at Gitwa Hill. In addition, the Chamber found him guilty of genocide and murder on the grounds that he had encouraged those manning Gaseke roadblock to kill Tutsi and that he had provided them with material assistance. The Trial Chamber sentenced Ndindabahizi to life imprisonment. 


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