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Gacumbitsi: The Prosecutor v. Sylvestre Gacumbitsi
Judgment, 17 Jun 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.
The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment.
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.
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.
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