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Musema: The Prosecutor v. Alfred Musema
Judgement and Sentence, 27 Jan 2000, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
The Accused, Alfred Musema, was director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. The Prosecutor alleged that on various occasions during April, May and June 1994, Musema transported armed attackers, including employees of the factory, to different locations in Gisovu and Gishyita communes and ordered them to attack Tutsis seeking refuge there. He also personally took part in such attacks and killings. The indictment against Musema was later amended to include charges that he committed various acts of rape and that he ordered and encouraged others to rape and kill Tutsi women.
With regard to certain allegations concerning specific attacks, Trial Chamber I of the ICTR found that either the evidence presented was not sufficient or that Musema's alibi cast doubt on the Prosecution evidence. The Chamber was satisfied nevertheless that Musema had participated in attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during late-April and mid-May and his alibi for that period was not accepted. The Chamber also found that he had raped a woman named Nyiramusugi and, by his example, encouraged others to rape her. For these acts, the Trial Chamber found Musema guilty of genocide and crimes against humanity (extermination and rape) and sentenced him to life imprisonment.
Akayesu: The Prosecutor v. Jean-Paul Akayesu
Judgment , 1 Jun 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Jean-Paul Akayesu, was the mayor of Taba, Rwanda. On 2 September 1998, Trial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal. His was the first conviction ever for genocide and it was the first time that an international tribunal ruled that rape and other forms of sexual violence could constitute genocide. It was also the first conviction of an individual for rape as a crime against humanity.
Akayesu appealed against his convictions and the sentence imposed on him. His principal ground of appeal was that he had not been represented by counsel of his choice. The Prosecution also presented four grounds of appeal.
The Appeals Chamber held that the right of appeal for an indigent person to be represented by a lawyer free of charge did not imply the right to select the advocate to be assigned to defend him. The Chamber underscored that in this case there had been an abuse of the right of an indigent accused to legal aid at the expense of the international community.
The other grounds of appeal, as well as Akayesu’s appeal against the life sentence imposed upon him were also rejected.
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.
Semanza: The Prosecutor v. Laurent Semanza
Judgement and Sentence, 15 May 2003, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
The Accused, Laurent Semanza, was the former Bourgmestre (mayor) of Bicumbi commune. He was indicted on 14 counts of genocide, crimes against humanity and war crimes for his role in the Rwandan genocide.
On 15 May 2003, Trial Chamber III of the ICTR found him guilty of aiding and abetting genocide during the massacres at Musha Church and Mwulire Hill, which took place on 13 April 1994 and 18 April 1994 respectively. The Chamber also convicted him of extermination as a crime against humanity for his conduct at Musha church and Mwulire Hill. The Trial Chamber further held that Semanza was guilty of torture and murder as crimes against humanity. These convictions arose out of Semanza’s April 1994 incitement of a crowd in Gikoro commune to rape Tutsi women before killing them. He was also held directly responsible for the torture and murder of Rusanganwa, a Tutsi, whom he attacked and killed during the Musha Church massacre.
However, the judgment acquitted the Accused of genocide, direct and public incitement to commit genocide, serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions, and persecution as a crime against humanity.
The Trial Chamber sentenced the Accused to 25 years of imprisonment. This sentence was reduced by 6 months because of violations of the Accused’s rights that occurred while in detention prior to his transfer to the ICTR.
Ntagerura et al.: The Prosecutor v. André Ntagerura, Emmanuel Bagambiki and Samuel Imanishimwe
Judgement, 25 Feb 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
The three Accused in this case were charged with genocide, crimes against humanity, and serious violations of Article 3 Common to the Geneva Conventions and Additional Protocol II in connection with the massacres and other crimes committed in Cyangugu Prefecture in 1994.
Trial Chamber III of the ICTR sentenced Samuel Imanishimwe, former military commander in the Rwanda armed forces to 27 years in prison after convicting him on six counts of genocide, crimes against humanity and serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II.
The Chamber found that Imanishimwe, as the commander of Karambo military camp, issued orders to soldiers authorizing the arrest, detention, mistreatment, and execution of civilians. He was also found criminally responsible for extermination and for failing to prevent or to punish his subordinate soldiers’ participation in the massacre at the Gashirabowba football field on 12 April 1994.
Imanishimwe was found guilty of genocide,; of murder, of extermination, of imprisonment, of torture as crimes against humanity, and of serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II, count 13.
However, the Chamber acquitted both André Ntagerura, former Minister of Transport and Communications and Emmanuel Bagambiki, former Prefect of Cyangugu of similar charges.
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