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Ndindabahizi: Emmanuel Ndindabahizi v. The Prosecutor
Judgement, 16 Jan 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Emmanuel Ndindabahizi, was Minister of Finance of the Interim Government of Rwanda from 9 April 1994 until he left Rwanda on 13 or 14 July 1994.
On 15 July 2004, Trial Chamber I found Ndindabaizi guilty of one count of genocide and two counts of crimes against humanity (extermination and murder) for his role in the events at Gitwa Hill and at the Gaseke roadblock. Ndindabahizi appealed against his convictions and his sentence.
The Appeals Chamber upheld Ndindabahizi's convictions for genocide and extermination as a crime against humanity for his participation in the events at Gitwa Hill in late April 1994 which resulted in the death of thousands of Tutsi. The Chamber reversed the convictions for genocide and murder in relation to the killing of one victim at Gaseke roadblock. Nevertheless, the Appeals Chamber underlined that Ndindabahizi's criminal responsibility had to be determined according to the entirety of his contribution to the Rwandan genocide. Hence the Chamber unanimously held that his acquittal for the murder of one victim did not diminish the gravity of his actions and it confirmed the life sentence imposed on him.
Nzabirinda: The Prosecutor v. Joseph Nzabirinda
Sentencing Judgement , 23 Feb 2007, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
On 14 December 2006, following a plea agreement with the Prosecutor, Joseph Nzabirinda pleaded guilty to one count of murder as crime against humanity, for aiding and abetting the killing of Pierre Murara and Joseph Mazimpaka. The Trial Chamber accepted his guilty plea.
On 23 February 2007, Trial Chamber II of the ICTR sentenced the Accused to seven years' imprisonment. Nzabirinda was given credit for the time spent in detention since his arrest on 21 December 2001.
For the purpose of sentencing the Accused, the Chamber considered the fact that Nzabirinda was an educated person and the fact that he abused his moral authority over the youth and population of his commune as he was held in high esteem due to his positions as Youth Organiser and successful businessman as aggravating factors.
His guilty plea together with his public expression of remorse; his family situation as a married man with children; his good character prior to the events of 1994, the lack of criminal records; and his assistance either moral, financial or material, to certain Tutsi victims were considered mitigating factors.
Simba: Aloys Simba v. the Prosecutor
Judgement, 27 Nov 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Aloys Simba, is a retired lieutenant colonel, a member of the “Comrades of the Fifth of July”, who participated in the coup d’ état that brought former President Habyarimana to power in 1973, and was a member of parliament from 1989 to 1993.
The Trial Chamber had found Simba guilty of genocide for his role in the killing of Tutsi civilians at Murambi Technical School and Kaduha Parish. Furthermore, he had been convicted of extermination as a crime against humanity based on the same facts. The Trial Chamber sentenced him to 25 years’ imprisonment, with credit being given for time already served.
Simba appealed his convictions and his sentence, while the Prosecution submitted two grounds of appeal. The Appeals Chamber dismissed the grounds of appeal raised by both Simba and the Prosecutor and affirmed the sentence of twenty-five years of imprisonment.
Karera: The Prosecutor v. François Karera
Judgement and Sentence, 7 Dec 2007, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
François Karera was officially appointed the prefect of Kigali-Rural prefecture on or around 17 April 1994 and held that position until mid-July 1994. Previously he was a sub-prefect at Kigali-Rural prefecture. From 1975 to 1990, Karera had been mayor of Nyarugenge urban commune, an administrative unit which was later replaced by Kigali-Ville prefecture. During a certain period, he was also president of the MRND party in Nyarugenge commune.
In mid-April 1994, Hutu militiamen and soldiers arrived in Ntarama sector and attacked the Tutsi refugees who were gathered at Ntarama Church, killing several hundreds of Tutsis. Karera was present and encouraged the attackers. In April and May 1994, Tutsis had also been killed in Rushashi commune in Kigali-Rural prefecture and in Nyamirambo sector in Nyarugenge commune, mainly at roadblocks. Karera ordered or instigated these acts. He was found guilty of genocide and extermination and murder as crimes against humanity. The Trial Chamber sentenced Karera to life imprisonment.
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.
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