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Seromba: The Prosecutor v. Athanase Seromba
Judgement, 12 Mar 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted the Accused of aiding and abetting genocide and crimes against humanity against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.
Both the Accused and the Prosecution appealed the Trial judgment. On 12 March 2008, the Appeals Chamber overturned the conviction of the Accused for aiding and abetting genocide and extermination as a crime against humanity and substituted convictions for committing genocide and extermination as a crime against humanity for his role in the destruction of the church in Nyange Parish causing the death of approximately 1,500-2,000 Tutsi refugees sheltering inside. The Chamber increased Seromba's sentence to life imprisonment.
Muvunyi: Tharcisse Muvunyi v. The Prosecutor
Judgement, 29 Aug 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
From 1 March until mid-June 1994, Tharcisse Muvunyi served as Lieutenant Colonel in the Rwandan Armed Forces, stationed at the École des Sous-officiers (ESO) in Butare prefecture. This case concerns Muvunyi’s responsibility for crimes committed at various locations in Butare Prefecture between April and June 1994.
The Trial Chamber had convicted Muvunyi of genocide, direct and public incitement to commit genocide, and other inhumane acts as a crime against humanity and had convicted him to 25 years of imprisonment.
Both Muvunyi and the Prosecution appealed the trial judgment. The Appeals Chamber overturned the convictions for genocide, direct and public incitement to commit genocide based on a speech he had given in Gikonko, and other inhumane acts as a crime against humanity. The Appeals Chamber also quashed Muvunyi’s conviction for direct and public incitement to commit genocide based on a speech he had given at the Gikore Trade Centre and ordered a retrial limited to the allegations connected with this incident. The Chamber set aside the sentence of 25 years’ imprisonment.
Muvunyi: The Prosecutor v. Tharcisse Muvunyi
Judgement, 11 Feb 2010, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
During the Rwandan genocide, Tharcisse Muvunyi was a Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers (ESO) in Butare prefecture.
On 12 September 2006, Muvunyi was convicted by Trial Chamber II of this Tribunal for several acts of genocide, direct and public incitement to commit genocide, and other inhumane acts and sentenced to 25 years imprisonment.
On 29 August 2008, the Appeals Chamber set aside all convictions and the sentence, but ordered a retrial on one count of direct and public incitement to commit genocide.
This is the summary of the retrial. According to the indictment, Muvunyi had spoken at a meeting at the Gikore Centre in Nyaruhengeri commune, Butare prefecture, in early May 1994 and had incited the killing of Tutsis by using Kinyarwanda proverbs that had been understood by the local population as a call to exterminate the Tutsis, violating Article 2(3)(c) of the Statute.
The Trial Chamber found the Accused guilty of direct and public incitement to commit genocide and sentenced him to 15 years of imprisonment.
Ntakirutimana & Ntakirutimana: The Prosecutor v. Elizaphan Ntakirutimana and Gérard Ntakirutimana
Judgement and Sentence, 21 Feb 2003, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
On 21 February 2003, Trial Chamber I of the ICTR delivered its unanimous judgment on the case of Elizaphan and Gérard Ntakirutimana. Gérard Ntakirutimana, a medical doctor practicing at the Mugonero Adventist hospital, was convicted of genocide and of crimes against humanity (murder). His father, Elizaphan Ntakirutimana, a senior pastor of the Seventh-day Adventist church in Mugonero was convicted of aiding and abetting in genocide.
The two Accused jointly faced two indictments, the “Mugonero” indictment with five counts and the “Bisesero” indictment with seven counts. Both indictments charged them with genocide, in the alternative complicity in genocide, conspiracy to commit genocide as well as crimes against humanity. The Accused allegedly participated in killings, attacks and caused serious bodily and mental harm to a large number of men, women and children who sought refuge in the Mugonero Adventist complex as well as in the area of Bisesero.
Pastor Ntakirutimana was sentenced to ten years of imprisonment while his son, Gérard, was sentenced to imprisonment for twenty five years. In both cases credit was given for the time they had already served in the United States and in Arusha.
Muhimana: The Prosecutor v. Mikaeli Muhimana
Judgement and Sentence, 28 Apr 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
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.
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