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Rukundo: The Prosecutor v. Emmanuel Rukundo
Judgement, 27 Feb 2009, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, Rukundo, an ordained priest, was appointed as a military chaplain for the Rwandan army, a position he maintained throughout the genocide in 1994.
On 27 February 2009, Trial Chamber II of the ICTR found him guilty of genocide, murder and extermination as crimes against humanity and sentenced him to 25 years' imprisonment. The conviction was based on the participation of the Accused in the killings of Tutsi civilians in the Gitarama prefecture. In mid-April 1994, Rukundo, with soldiers of the Rwandan army abducted and killed Madame Rudahunga and severely beat and injured her two children. He was present during the commission of this crime and the soldiers acted under his authority. In addition, between mid-April and the end of May 1994, on at least four occasions Rukundo was found to have played an integral role in the abduction and subsequent killing of Tutsi refugees from the St. Léon Minor Seminary. He was also found guilty of sexually assaulting a young Tutsi woman.
Rukundo’s stature as a well-known priest in the community and the fact that he was an educated person were considered by the Chamber as aggravating factors. He was sentenced to 25 years' imprisonment.
Kalimanzira: The Prosecutor v. Callixte Kalimanzira
Judgement, 22 Jun 2009, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Callixte Kalimanzira was the Minister of Interior during the genocide in Rwanda.
In its judgment of 22 June 2009, the Trial Chamber of the ICTR noted that, on 23 April 1994, Kalimanzira went to Kabuye hill in Butare prefecture with soldiers and policemen, where thousands of Tutsi refugees were attacked and killed. The Accused’s role in luring Tutsis to Kabuye hill and his subsequent assistance in providing armed reinforcement substantially contributed to the overall attack. Therefore, the Chamber found the Accused guilty of aiding and abetting genocide at Kabuye hill. The Chamber further found him guilty of direct and public incitement to commit genocide on several occasions, including at the Jaguar roadblock, the Kajyanama roadblock, and the Nyabisagara football field on different dates in April 1994, and at the Gisagara marketplace at the end of May 1994.
The Trial Chamber sentenced the Accused to 30 years imprisonment.
Muvunyi: The Prosecutor v. Tharcisse Muvunyi
Judgement, 11 Feb 2010, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
During the Rwandan genocide, Tharcisse Muvunyi was a Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers (ESO) in Butare prefecture.
On 12 September 2006, Muvunyi was convicted by Trial Chamber II of this Tribunal for several acts of genocide, direct and public incitement to commit genocide, and other inhumane acts and sentenced to 25 years imprisonment.
On 29 August 2008, the Appeals Chamber set aside all convictions and the sentence, but ordered a retrial on one count of direct and public incitement to commit genocide.
This is the summary of the retrial. According to the indictment, Muvunyi had spoken at a meeting at the Gikore Centre in Nyaruhengeri commune, Butare prefecture, in early May 1994 and had incited the killing of Tutsis by using Kinyarwanda proverbs that had been understood by the local population as a call to exterminate the Tutsis, violating Article 2(3)(c) of the Statute.
The Trial Chamber found the Accused guilty of direct and public incitement to commit genocide and sentenced him to 15 years of imprisonment.
Nchamihigo: Siméon Nchamihigo v. The Prosecutor
Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
In 1994, Simèon Nchamihigo was a Deputy Prosecutor in Cyangugu prefecture, Rwanda.
On 18 March 2010, the Appeals Chamber of the ICTR reversed the Accused’s convictions rendered by Trial Chamber III on 24 September 2008 for genocide and murder as a crime against humanity for aiding and abetting the killing of Joséphine Mukashema, Hélène and Marie. The Appeals Chamber also quashed his conviction for genocide for instigating the killings at Shangi parish and Hanika parish. It also reversed his convictions for genocide and extermination as a crime against humanity in relation to instigating the massacre at Mibilizi parish and hospital and the massacre at Nyakanyinya school.
The Appeals Chamber affirmed Nchamihigo’s convictions for genocide and extermination as a crime against humanity for instigating killings, including those of Karangwa, Dr. Nagafizi and Ndayisaba’s family on or about 7 April 1994 and for instigating the massacre in Gihundwe sector on 14 or 15 April 1994. It also affirmed his conviction for other inhumane acts as a crime against humanity for ordering the attack on Jean de Dieu Gakwandi and for genocide and murder as a crime against humanity for instigating the killing of Father Boneza.
The Appeals Chamber reduced Nchamihigo's sentence from life imprisonment to forty years' imprisonment.
Bikindi: Simon Bikindi v. The Prosecutor
Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide, Simon Bikindi was a singer, composer and leader of a ballet troupe called the “Irindiro”.
On 2 December 2008, Trial Chamber III of the ICTR had found Bikindi guilty of direct and public incitement to commit genocide based on public exhortations to kill Tutsis, which he made on the Kivumu-Kayove road in Gisenyi prefecture in late June 1994. The Trial Chamber had sentenced him to 15 years of imprisonment.
Bikindi appealed his convictions, and the sentence was challenged by both the Accused and the Prosecution. The Appeals Chamber dismissed the appeals of both Bikindi and the Prosecution in their entirety and affirmed the sentence of 15 years of imprisonment.
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