Search results

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.

On 1 December 2003, Trial Chamber II of the ICTR delivered its judgment on the case against Juvénal Kajelijeli, former bourgmestre (mayor) of Mukingo. In its verdict on the 11-count indictment, the Tribunal found him guilty on three counts: genocide (count 2); direct and public incitement to commit genocide (count 4); and, extermination as a crime against humanity (count 6).

He was sentenced for genocide and extermination as a crime against humanity with imprisonment for the remainder of his life, and with 15 years imprisonment for direct and public incitement to commit genocide. The sentences would be served concurrently. He was given credit of five years, five months and 25 days for time already spent in custody.

The Accused was acquitted of the following three counts: conspiracy to commit genocide (count 1); rape as a crime against humanity (count 7); and other inhumane acts of crimes against humanity (count 9). Earlier, on 13 September 2002, following a Defence motion, the Tribunal found that the Accused was not guilty of the two counts of war crimes—i.e. the charge of violence to life, health and physical or mental well-being of persons (count 10); and causing outrages upon personal dignity (count 11). 

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. 

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.

The present case concerned the role of Ferdinand Nahimana and Jean-Bosco Barayagwiza in the Radio television libre des mille collines (RTLM), that of Hassan Ngeze in the publication of the Kangura newspaper, as well as Jean-Bosco Barayagwiza’s involvement in the Coalition pour la défense de la République (CDR) and the role of Hassan Ngeze in the killing of Tutsis in Gisenyi prefecture on 7 April 1994.

Trial Chamber I originally found the Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity and sentenced each Accused to a single term of life imprisonment. However, it has reduced the sentence imposed on Barayagwiza to 35 years, taking into account the violation of his rights.

The Accused appealed their convictions and sentence. The Appeals Chamber reversed certain findings of the Trial Chamber and affirmed others. With regard Nahimana, the Appeals Chamber reduced his sentence to 30 years’ imprisonment. Barayagwiza’s sentence was reduced to 32 years of imprisonment. Finally, the Appeals Chamber substituted Ngeze’s life sentence by a prison term of 35 years.