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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. 


Bikindi: The Prosecutor v. Simon Bikindi

Judgement, 2 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

During the Rwanda genocide, Bikindi was a famous singer and composer, and the leader of a ballet troupe, the Irindiro.

The Prosecution charged Bikindi with six Counts: conspiracy to commit genocide, genocide or, alternatively, complicity in genocide, direct and public incitement to commit genocide, murder and persecution as crimes against humanity.

On 2 December 2008, Trial Chamber III of the ICTR found the Accused guilty of direct and public incitement to commit genocide for his calls to exterminate Tutsi at the end of June 1994 on the Kivumu-Kayone road and acquitted him on all other Counts. The Chamber further concluded that there were no mitigating factors, and that the fact that the Accused had used his influence to incite genocide was an aggravating factor. The Chamber sentenced Bikindi to 15 years of imprisonment. 


Bagosora et al.: The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, Anatole Nsengiyumva

Judgement and Sentence, 18 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused in this case were Colonel Théoneste Bagosora, the directeur de cabinet of the Ministry of Defence, General Gratien Kabiligi, the head of the operations bureau of the army general staff, Major Aloys Ntabakuze, the commander of the elite Para Commando Battalion, and Colonel Anatole Nsengiyumva, the commander of the Gisenyi operational sector. They were charged with conspiracy to commit genocide, genocide, crimes against humanity, namely murder, exterminations, rape, persecution and other inhumane acts, and war crimes, namely violence to life and outrages upon personal dignity, for crimes committed in Rwanda in 1994. The victims of said crimes included a great number of Tutsis, the Prime Minister Uwilingiyimana and 10 Belgian peacekeepers. 

Bagosora was found guilty by the Chamber of genocide, crimes against humanity and war crimes. Kabiligi was acquitted of all counts, while  Ntabakuze and Nsengiyumva were convicted for genocide, crimes against humanity and war crimes. After taking into account the gravity of each of the crimes the Accused were convicted for, as well as aggravating and mitigating circumstances, the Chamber sentenced them to life imprisonment.

During the 408 trial days of this case, 242 witnesses were heard, 82 for the Prosecution and 160 for the Defence.


Kanyarukiga: The Prosecutor v. Gaspard Kanyarukiga

Judgement and Sentence, 1 Nov 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

During the Rwandan genocide of 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.

On 6 April 1994, following the death of President Habyarimana, thousands of Tutsi civilians took refuge at the Nyange Parish, located in the Kivumu community, and were subsequently attacked. These attacks culminated in the destruction of the Nyange Parish Church on 16 April 1994. At the time of the destruction of the Church, about 2000 Tutsi civilians were allegedly confined to the church and were killed during the destruction of the church.

On 6 June 2008 the Prosecution’s request to transfer Kanyarukiga’s case to the courts of Rwanda was denied due to fears that he would not receive a fair trial there.

For the role he played in these events, the Accused was charged by the Prosecutor of the ICTR with genocide or, alternatively, complicity in genocide, and extermination as a crime against humanity. The Trial Chamber convicted him for genocide and extermination and sentenced him to thirty years’ imprisonment.  


Setako: Ephrem Setako v. the Prosecutor

Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

On 25 February 2010, Trial Chamber I of the ICTR convicted Lieutenant Colonel Ephrem Setako for genocide, extermination as a crime against humanity and violence to life as a war crime for ordering the killings of between 30 to 40 ethnic Tutsi refugees at Mukamira military camp on 25 April 1994 and the death of nine or 10 Tutsis on 11 May 1994. The Chamber imposed on  Setako a sentence of 25 years of imprisonment.

Setako and the Prosecution both appealed the Trial judgment. Setako alleged errors of law and errors of fact of the judgment. The Prosecution submitted three grounds of appeal.

On 28 September 2011, the Appeals Chamber dismissed Setako’s appeal in its entirety, while it partially granted the Prosecution’s appeal but it did not increase Setako’s sentence. Specifically, the Appeals Chamber convicted Setako for murder as a war crime for the killings committed against Tutsis on 11 May 1994.


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