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Kayishema & Ruzindana: The Prosecutor v. Clément Kayishema and Obed Ruzindana
Judgement / Sentence, 21 May 1999, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
The present case concerned two Accused, Clement Kayishema and Obed Ruzindana. Kayishema, born in Kibuye Prefecture, Rwanda, was educated as a medical doctor and elected prefect of Kibuye in July 1992, a position which he held until July 1994. Ruzindana was also born in Kibuye prefecture and was a successful businessman.
The Prosecution charged Kayishema with genocide, crimes against humanity (murder, extermination, other inhumane acts) and war crimes for his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. The Prosecution charged Ruzindana with genocide, crimes against humanity (murder, extermination and other inhumane acts) and war crimes for his role in the massacres in Bisesero.
On 21 May 1999, Trial Chamber II of the ICTR convicted Kayishema and Ruzindana on the counts of genocide and dismissed the other counts. The Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment.
Aleksovski: The Prosecutor v. Zlatko Aleksovski
Judgment, 25 Jun 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Zlatko Aleksovski was brought before the ICTY for his role in the commission of crimes against the detainees of the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. During the hostilities between the Bosnian Croat and Bosnian Muslim forces, the facility was used as a detention place for Bosnian Muslims. The detainees were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993.
Trial Chamber I found that the Prosecution did not provide sufficient evidence to support that Aleksovski was responsible for the conditions at the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. Accordingly, Aleksovski was found not guilty of the grave breaches of inhuman treatment and wilfully causing great suffering or serious injury to body or health.
However, Trial Chamber I found Aleksovski guilty of outrages upon personal dignity (as a violation of the laws or customs of war) for his role in the infliction of violence on the Muslim detainees and for using them as human shields and for trench digging. Aleksovski was sentenced to two and a half years of imprisonment.
Tadić: The Prosecutor v. Duško Tadić
Judgment in Sentencing Appeal, 26 Jan 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment. The Appeals Chamber found him guilty of additional crimes, and remitted the issue on sentencing to a Trial Chamber. Trial Chamber IIbis sentenced Tadić to 25 years of imprisonment. Tadić appealed against both the sentencing judgment of Trial Chamber II as well as that of Trial Chamber IIbis.
The Appeals Chamber found that Trial Chamber II erred when it ordered that the term of the sentence start after a final determination of an appeal as well as when it did not give credit for the time Tadić spent in custody in Germany.
The Appeals Chamber also upheld Tadić’s argument that crimes against humanity do not attract higher sentence than war crimes. The Appeals Chamber revised the sentence imposed by Trial Chamber IIbis to 20 years of imprisonment.
Kayishema & Ruzindana: The Prosecutor v. Clément Kayishema and Obed Ruzindana
Judgement (Reasons), 1 Jun 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The present case concerned two Accused, Clément Kayishema and Obed Ruzindana. Kayishema was charged with 24 counts as prefect of Kibuye with involvement as a superior in the massacres which occurred in that area from April to June 1994. Ruzindana was charged with five counts for his role in the crimes committed in Bisesero between 9 April and 30 June 1994.
On 21 May 1999, Trial Chamber II of the ICTR found both Accused guilty of crimes of genocide. Kayishema was found guilty of four counts of genocide and was sentenced to life imprisonment, while Ruzindana was found guilty of one count of genocide and was sentenced to 25 years of imprisonment.
Both Accused appealed against their conviction and the sentence imposed on them. The appeal was based on several grounds including lack of equality of arms, defective indictment and inadequate proof against the accused.
The Appeals Chamber, after examining the arguments, ruled that it was convinced that the Trial Chamber did not commit any error on a question of law or error of fact in the case. It therefore affirmed the judgment handed down by the Trial Chamber when convicting and sentencing the Accused.
The Prosecution also appealed against the judgment of the Trial Chamber arguing that the Accused ought to have been convicted on all counts. But the Prosecutor’s appeal was dismissed because it was filed outside the prescribed time limits.
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.
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