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Tacaqui: The Prosecutor v. Florencio Tacaqui
Judgement, 9 Dec 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
Indonesia illegally occupied East Timor from 1975 until 2002. Members of the Indonesian Armed Forces (TNI) worked together with local police forces and pro-autonomy militia groups to perpetrate a campaign of violence against suspected independence supporters.
The Accused, Florencio Tacaqui, was an advisor and member of the Sakunar militia group, which operated in Passabe. In 1999, both prior to and after s referendum in August in which the Timorese people voted overwhelmingly in favour of independence, it carried out a number of attacks. In particular, the Tacaqui was involved in the abduction, detention and beating of approximately 40 independence supporters at the home of a Sakunar chief. He was also involved in the attack on a village in which numerous individuals died, homes were burnt down and livestock stolen. He was convicted for 4 counts of crimes against humanity and sentenced to 12 years’ imprisonment. The Special Panel was unable to convict him for the Passabe massacre in which 47 individuals were marched from their homes to a remote area and executed. Witness testimony was contradictory and the evidence inconclusive to support his presence at the scene. The remaining 10 individuals with whom Tacaqui was indicted remain at large.
Ntakirutimana & Ntakirutimana: The Prosecutor v. Elizaphan Ntakirutimana and Gérard Ntakirutimana
Judgement, 13 Dec 2004, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
On 19 February 2003, Trial Chamber I of the ICTR had convicted a senior Pastor of the Seventh Day Adventist Church in Mugonero, Elizaphan Ntakirutimana, and his son Dr. Gérard Ntakirutimana, a medical practitioner. On 13 December 2004, the Appeals Chamber confirmed the sentences of 10 years and 25 years in prison, respectively, imposed by the Trial Chamber.
Specifically, the Appeals Chamber affirmed the conviction of Elizaphan Ntakirutimana for aiding and abetting genocide and convicted him for aiding and abetting extermination as a crime against humanity after reversing his acquittal for the events which occurred in Bisesero. However, the Appeals Chamber quashed his conviction for aiding and abetting genocide for his participation in events which occurred at Mugonero.
Regarding Gérard Ntakirutimana, the Appeals Chamber affirmed his conviction for genocide and convicted him for murder as a crime against humanity in relation to the killing of Charles Ukobizaba. The Appeals Chamber also convicted him for aiding and abetting extermination as a crime against humanity for the procurement of police officers and ammunition for the attack on the Mugonero complex. In addition, the Appeals Chamber affirmed his conviction for genocide in relation to events which occurred at Bisesero, but found that his responsibility was that of an aider and abettor. However, the Chamber set aside his conviction for murder as a crime against humanity under the Bisesero indictment.
The Defence and Prosecution appeals were dismissed in all other respects.
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.
Kamuhanda: Jean de Dieu Kamuhanda v. The Prosecutor
Judgement, 19 Sep 2005, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
From late May until mid-July 1994 Jean de Dieu Kamuhanda was Minister of Higher Education and Scientific Research in the Interim Government of Rwanda. He was also a member of the Mouvement Républican National pour le Développement et la Démocratie (MRND) in Kigali-Rural préfecture.
On 22 January 2004, Trial Chamber II of the ICTR found Kamuhanda guilty of genocide and extermination as a crime against humanity. The Trial Chamber sentenced him to imprisonment for the remainder of his life. The Accused had supervised the killings in Gikomero commune, Kigali-Rural prefecture. He had distributed firearms, grenades and machetes to the Interahamwe militia. He had also led the attacks at the parish church and adjoining school in Gikomero, where several thousand Tutsi civilians were killed.
Kamuhanda raised 15 grounds of appeal. The Appeals Chamber of the ICTR dismissed the Trial Chamber’s finding that Kamuhanda had instigated and had aided and abetted genocide and extermination. However, the Appeals Chamber found that the Trial Chamber had correctly held Kamuhanda responsible for ordering genocide and extermination and ruled that vacating the findings that Kamuhanda had instigated and had aided and abetted the crimes did not require the imposition of a lighter sentence.
Simba: The Prosecutor v. Aloys Simba
Judgement and Sentence, 13 Dec 2005, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
In April 1994, in the days following the death of President Habyarimana, thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen. They sought sanctuary at places such as Kibeho Parish, Cyanika Parish, Murambi Technical School and Kaduha Parish. Hutu militiamen assisted by local officials and gendarmes launched attacks against them resulting in the death of a large number of Tutsi civilians.
The Accused, Aloys Simba, was a retired lieutenant colonel and former member of parliament. The Prosecution contended that Simba was one of the principal architects of these massacres, and therefore charged him with genocide (Count 1), complicity in genocide (Count 2), and extermination (Count 3) and murder (Count 3) as crimes against humanity. At the close of the trial, the Prosecution withdrew the charges of complicity in genocide and of murder as a crime against humanity.
On 13 December 2005, Trial Chamber I of the ICTR found Simba guilty of genocide and extermination as a crime against humanity for his participation in the aforementioned massacres and sentenced him to 25 years of imprisonment.
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