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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.
Renzaho: Tharcisse Renzaho v. The Prosecutor
Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Tharcisse Renzaho was a Rwandan army officer and waspromoted to the rank of Colonel in July 1992. During the Rwandan genocide in 1994, he was Prefect of Kigali-Ville prefecture.
The Prosecution had charged him with genocide, crime against humanity, and war crimes for his role in the relevant events of 1994. On 14 July 2009, the Trial Chamber of the ICTR convicted Renzaho for genocide, murder and rape as crimes against humanity, and murder and rape as war crimes. The Trial Chamber sentenced him to life imprisonment.
Renzaho appealed the judgment on thirteen grounds. He requested the Appeals Chamber to overturn the Trial judgment, acquit him on all counts of the indictment, and order his immediate release. In the alternative, Renzaho requested the Appeals Chamber to a lower sentence that would reflect his true level of responsibility.
The Appeals Chamber granted some of Renzaho’s grounds of appeal and dismissed others. It affirmed Renzaho’s sentence of life imprisonment, subject to credit being given to time already served.
Muvunyi: Tharcisse Muvunyi v. The Prosecutor
Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
In 1994, Tharcisse Muvunyi held the rank of Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers in Butare Prefecture.
On 11 February 2010, the Trial Chamber of the ICTR convicted Muvunyi of direct and public incitement to genocide based on his statements made at a public meeting at the Gikore Trade Centre in Butare prefecture in early May 1994. He was sentenced to 15 years of imprisonment.
Muvunyi appealed his conviction and sentence and requested the Appeals Chamber to overturn his conviction. The Prosecution also appealed the judgment and requested the Appeals Chamber to increase the sentence to 25 years of imprisonment.
The Appeals Chamber of the ICTR dismissed both appeals and upheld the Accused’s sentence to 15 years of imprisonment.
On 6 March 2012, the President of the ICTR, Judge Vagn Joensen, granted Muvunyi's application for early release since more than three quarters of his sentence had been served.
Slough et al.: United States of America v. Paul A. Slough, et al.
Appeal from the United States District Court for the District of Columbia, 22 Apr 2011, United States Court of Appeal, District of Columbia, Unites States of America, United States
In September 2007, 14 Iraqi civilians were killed and 20 wounded by employees of Blackwater, a private security company hired by the US to protect its government employees. They stated that it was self-defence, but were charged with manslaughter.
They alleged they made statements under pressure (as they were threatened to be fired if they would not do so). Under US law, these statements are ‘compelled’ and can therefore not be used in criminal proceedings. As these statements appeared in the press, both the prosecution team and witnesses were influenced by them. Therefore, the Court ruled, the rights of the defendants have been inexcusably breached. It dismissed the charges against the defendants.
The Court of Appeals did not agree and stated that the District Court should have been more specific when it branded the evidence against the defendants as ‘tainted’. It held that, for example, witness statements should have been subjected to a part by part examination to determine which parts were tainted. These statements should not have been ‘thrown out’ entirely, according to the Court of Appeals.
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