______________________________________________ ICTR/CYANGUGU FORMER MINISTER DID NOT PROVIDE MILITIA WITH PUBLIC BUSES SAYS WITNESS Arusha, March 16th, 2002 (FH) - Former Transport Minister Andre Ntagerura did not provide Interahamwe (militia) and armed youths with public buses during the 1994 genocide in Rwanda, a witness told the International Criminal Tribunal for Rwanda on Thursday. The twentieth defence witness for Ntagerura was testifying when the case resumed after adjournment on Tuesday. The Cyangugu trial groups former Transport Minister Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu in1994. They have pleaded not guilty. The witness dubbed "CHD" for protection of identity and who testified partly in camera, said that she was able to observe that political parties made rental services of some of the public buses. She said that there were three notable political parties. Another witness who testified earlier in the case had also stated that three parties namely, MRND, MDR and PSD had hired the ONATRACOM buses and that at the time, they put the party emblems on the buses. Witness CHD said that she had never heard that Ntagerura as Minister had put ONATRACOM (public buses) at the disposal of armed youths or militia. Ntagerura was the Minister of Transport and Communications in the interim government of 1994. He is said to have allowed or authorised the use of government vehicles, specifically buses for the transportation of [Interahamwe] militia, as well as for the transportation of arms and ammunitions to Cyangugu prefecture. During questioning by Ntagerura's lead counsel Canadian Benoit Henry CHD said in her chief testimony that she also did not hear of Ntagerura providing the buses for use by his political party, MRND. Witness CHD completed her testimony after cross-questioning by the prosecution. Another witness known only as "T3H" for protection of identity started his chief testimony and is expected to continue on Friday morning. The Cyangugu trial resumed on Tuesday after being adjourned on March 28th. But it was adjourned on the same day after the testimony of one defence witness, to allow for the arrival in Arusha of witnesses CHD and T3H. The Trial Chamber hearing this case is also hearing alternately, the trial of former Bicumbi (in Kigali rural province, central Rwanda) mayor Laurent Semanza. The case is before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/FH (CY-0516e)
______________________________________________ ICTR/CYANGUGU CYANGUGU TRIAL RESUMES AND ADJOURNS TO THURSDAY Arusha, March 14th, 2002 (FH) - The trial of two political leaders and a military officer accused of genocide crimes in Cyangugu (southwest Rwanda) resumed on Tuesday but was adjourned to Thursday by the International Criminal Tribunal for Rwanda (ICTR) after the testimony of one defence witness. The adjournment is to allow for the arrival in Arusha of scheduled defence witnesses. The Cyangugu trial groups former Transport Minister Ntagerura, former Cyangugu prefect EmmanuelBagambiki and former commander of the Karambo military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty. The hearing was adjourned on March 28th, after the hearing of the eighteenth defence witness for Ntagerura. The Trial Chamber hearing this case is also hearing alternately, the trial of former Bicumbi (in Kigali rural province, central Rwanda) mayor Laurent Semanza. The nineteenth defence witness for Ntagerura, Canadian Jean Ducharme, from the University of Montreal testified when the Cyangugu trial resumed. Ducharme was initially scheduled to testify under a pseudo-name as a protected witness "K7". However, he requested that the protection measures be waived. The witness was questioned in his chief examination by Ntagerura's lead counsel Canadian Benoit Henry. Henry presented Ducharme as a "character witness." He argued that although the witness was not in Rwanda during the 1994 events he had served as a Dean in the Faculty of Social Sciences, Economics and Management Sciences at the Rwandan National University between 1977 - 79 - Ntagerura served as the deputy Dean in this institution during the same period. In his testimony, Ducharme said that he knew Ntagerura from his service at the University as "one of integrity, coherence, uniformity and rigour in application of rules." He also told the court that Ntagerura was available to assist students and was open and accessible. Ducharme said that with Ntagerura's cooperation, "we were able to reform in two years, the Faculty." Prosecutor, Ugandan Richard Karegyesa questioned the relevance of Ducharme's testimony saying the defence had called many "character witnesses," but Henry underlined that this witness would give evidence on the accused's reputation which would assist the Chamber in deliberations before it delivers its judgement. Karegyesa cross-questioned Ducharme briefly at the end of his testimony. The hearing was adjourned because scheduled witnesses have not arrived in Arusha owing to changes in the trial schedule order. Ntagerura's defence stated it was withdrawing two witnesses and that two would be available on Thursday. The prosecution told the court that it had not received from any of the defence teams, reports from their expert witnesses. Karegyesa urged them to address the situation to avoid delays in translation of the documents. The trial is to resume on Thursday afternoon, before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/FH (TR-0325e)
______________________________________________ ICTR/CYANGUGU DETAINED EX-MILITARY OFFICER SAYS HE WAS 'NOT IN CYANGUGU' Arusha, March 25th, 2002 (FH) - Former military officer and genocide suspect General Gratien Kabiligi, on Monday testified in the case of former Rwandan Minister André Ntagerura, also on trial before the International Criminal Tribunal for Rwanda (ICTR). Kabiligi told the court that he was not in Cyangugu with Ntagerura in January 1994, contrary to testimony by prosecution witnesses. Two protected prosecution witnesses dubbed "LAI" and "LAP" testified last September that on January 28th, 1994, prior to the massacres in April, Ntagerura arrived in Bugarama commune in Cyangugu, aboard a helicopter to distribute arms to Interahamwe (militia) and that he was accompanied by General Kabiligi. Prosecution witnesses have also testified that General Kabiligi was at Bigwogwe camp in Cyangugu with Ntagerura on the same day, distributing weapons. But on Monday Kabiligi stated: "Absolutely not, January 28th, 1994 I was in Egypt". Kabiligi told the court that he was on a government mission in Cairo, Egypt from January 27th to February 8th, 1994. He was responding to questions by Ntagerura's defence lawyer Canadian, Benoit Henry. The Cyangugu trial groups Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the Military barracks in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu (south west Rwanda) during the 1994 genocide. They have pleaded not guilty. General Kabiligi, the fourteenth defence witness for Ntagerura, told the court that he was chief of a department in the Rwandan armed forces, in charge of training, organisation and operations. He also said that his visit to Egypt involved discussing issues on military cooperation between Rwanda and Egypt, including short-term scholarships for training of junior officers. The ex-military officer said that his mission order was signed by approved by the Rwandan Ministry of Foreign Affairs in consultation with the country's Prime Minister. General Kabiligi said he wrote a report after his mission, on February 12th, 1994 and that "like all mission reports" it was addressed to the head of state. General Kabiligi said he had a copy of the covering letter as well as the report he wrote after his mission, which he informed the court, he got from the prosecution. Ntagerura's defence submitted these documents as exhibits. General Kabiligi is detained at the ICTR United Nations detention facility awaiting the start of his trial. He is co-accused in the so-called "Military Trial" with former chief of cabinet in the Rwandan Ministry of Defence, Col. Theoneste Bagosora, and two other senior military officers, Lt. Col. Anatole Nsengiyumva and Major Aloys Ntabakuze. Lawyer Jean Degli of Togo and France, represents General Kabiligi. Degli was present when Kabiligi testified and made some interventions, referring to his client's rights. Prosecutor Richard Karegyesa of Uganda asked General Kabiligi, in cross-examination a question on the issue of the alleged delivery of weapons by himself and Ntagerura in 1994. The question was strongly objected by Ntagerura's defence, prompting a lengthy debate. Ntagerura's defence maintained that prosecution was asking questions not arising from General Kabiligi's testimony. The issue of contention was regarding date of January 28th, 1994. Prosecution told the court that it intended to bring evidence that will cast doubt as to whether General Kabiligi, was in Egypt, as he had testified in court. "The document (Kabiligi's report) is not fait accompli," said Karegyesa. But Henry expressed surprise that the prosecution was casting doubt on the report yet they had given it to General Kabiligi. The hearing proceeds in the afternoon before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/FH (TR-0325e)
______________________________________________ ICTR/CYANGUGU DEFENCE IN CYANGUGU TO CALL ICTR DETAINEE AS WITNESS Arusha, March 22nd, 2002 (FH) - The defence of former Transport Minister in the interim Rwandan government, André Ntagerura, is to call General Gratien Kabiligi to testify in the Cyangugu trial before the International Criminal Tribunal for Rwanda (ICTR). Ntagerura's lead counsel Canadian Benoît Henry stated that with the testimony of General Kabiligi, "the evidence brought by the prosecution would be reduced to ashes". The defence had filed an earlier motion, asking the court to allow General Kabiligi who is currently detained by the Tribunal to testify. Ntagerura is jointly charged with former Cyangugu prefect Emmanuel Bagambiki and former commander of the Military barracks in Cyangugu, Samuel Imanishimwe, in the so-called Cyangugu Trial. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu (south west Rwanda) during the 1994 genocide. They have pleaded not guilty. Two protected prosecution witnesses dubbed "LAI" and "LAP" testified last September that on January 28th, 1994, prior to the massacres in April, Ntagerura arrived in Bugarama commune aboard a helicopter to distribute arms to Interahamwe (militia) and that he was accompanied by General Kabiligi. Lawyer Henry told the court that "He couldn't have better prove," (than the General's testimony) adding that General Kabiligi would be accompanied by his counsel. The defence intends to prove that at the time of the facts alleged by the prosecution, Kabiligi was on mission out of the country. General Kabiligi is awaiting the start of his trial. He is co-accused in the so-called "Military Trial" with former chief of cabinet in the Rwandan Ministry of Defence, Col. Theoneste Bagosora, and two other senior military officers, Lt. Col. Anatole Nsengiyumva and Major Aloys Ntabakuze. Lawyer Jean Degli of Togo and France, represents General Kabiligi. Prosecutor Andra Mobberley of New Zealand sought that his lawyer not assist the witness, while giving his testimony saying the situation was "unusual". She said the question would arise as to the credibility of the witness, who is more over an accused. The prosecutor said the witness might divulge information that may be held against him. But Henry explained that the accused's lawyer would not be making objections on his behalf (Ntagerura's, lawyer), but would give advice to his client (Kabiligi) at appropriate moments. He added that if the witness Kabiligi was at risk of giving responses that could incriminate him, his lawyer would advise him. The Chamber stated that the motion had been granted and that the decision in writing would be available later. The proceedings continue on Monday morning. The case is before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/FH (TR-0322e)
_______________________________________________________________ ICTR/ CYANGUGU CYANGUGU TRIAL ADJOURNED DUE TO ILL DEFENCE WITNESS Arusha, March 20th, 2002 (FH) - The so-called Cyangugu Trial before the International Criminal Tribunal for Rwanda (ICTR) was adjourned on Wednesday because the defence witness scheduled to testify was unwell, reports the independent news agency Hirondelle. The witness known only as "DAR" to protect his identity is the thirteenth defence witness for one of the three accused in the trial, former Rwandan Transport Minister Andre Ntagerura. The court was told that a medical report on the patient had shown he was not in a position to attend the day's proceedings. It is hoped that DAR will appear before the Tribunal on Thursday. The Cyangugu trial groups Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the military barracks in Cyangugu, Samuel Imanishimwe. The prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu (south west Rwanda) during the 1994 genocide. They have pleaded not guilty. Proceedings were adjourned on Tuesday afternoon, after Ntagerura's lead counsel, Canadian Benoit Henry, had been granted time to meet DAR in preparation for Wednesday's hearing. Ntagerura's defence informed the court that witness DAR would be the last witness for this week and that they intended to call five more witnesses next week. The hearing on Wednesday morning was held mainly in closed session. Ntagerura's defence team started their case in the first week of March and have so far presented twelve witnesses. Most of the defence witnesses so far have testified mainly in closed session. The case is before ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JA/FH (CY-0320e)
_______________________________________________________ ICTR/ CYANGUGU FORMER MINISTER DID NOT DISTRIBUTE WEAPONS TO MILITIA SAYS WITNESS Arusha, March 13th, 2002 - (FH) A defence witness in the trial of two political leaders and a military commander from Cyangugu (south of Rwanda), on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that former Minister Andre Ntagerura, one of the accused, did not distribute arms to militia. The witness known as "BZFH" to protect his identity was testifying in the so-called Cyangugu trial, in which Ntagerura is co-accused with former Cyangugu prefect Emmanuel Bagambiki and former commander of the Karambo military camp in Cyangugu, Samuel Imanishimwe. Prosecution maintains that all three are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty. BZFH, the ninth defence witness, told ICTR's Trial Chamber Three that he never heard of Ntagerura distributing arms to militia in his area. Prosecution witnesses have testified before the Chamber about massacres at the Shagasha Tea Factory in Cyangugu, alleging that Ntagerura brought weapons and uniforms to Interahamwe militia there. But BZHF said: "I did not see Minister Ntagerura bring weapons or uniforms to the factory. It would not have happened without him being seen and people would have spoken about it." The witness said that had the minister been at the tea factory, it would have been a big event because he was an important personality. Prosecution witnesses had testified that work stopped at the factory after Ntagerura's visit, but BZHF told the court that he never heard of the stoppage, and not even people who lived close by talked about it. Ntagerura is accused of having allowed or authorised the use of government vehicles, specifically buses for the transportation of [Interahamwe] militia, and for the transportation of arms and ammunitions to Cyangugu prefecture. BZHF started his testimony on Wednesday afternoon and was questioned by Ntagerura's lead counsel Benoit Henry of Canada. Part of his testimony was heard in closed session. Most of the defence witnesses so far have testified mostly in closed session. Witness BZHF continues testimony on Thursday morning, before Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JA/FH (CY-0313e)
MARCH 6th, 2002 _________________________________________________ ICTR/ CYANGUGU ONE OF CYANGUGU TRIO ACCUSED ACQUITTED ON CONSPIRACY CHARGE
Arusha, March 6th, 2002 (FH) - One of three genocide suspects in the Cyangugu trial, Samuel Imanishimwe, was on Wednesday acquitted of one of the charges against him by the International Criminal Tribunal for Rwanda (ICTR's) trial Chamber Three. "The motion on Imanishimwe is allowed by majority," the Chamber announced. His defence had filed a motion for acquittal on the charge of conspiracy to commit genocide last month. Imanishimwe now faces charges of genocide, complicity in genocide, crimes against humanity and serious violations to the Geneva conventions. Imanishimwe was, at the time of the 1994 events, commander of the Karambo military camp in Cyangugu. He is one of the three genocide suspects from Cyangugu in southwest Rwanda in the case dubbed Cyangugu Trial. The others are former Transport Minister André Ntagerura and former Cyangugu prefect Emmanuel Bagambiki. The case is before Trial Chamber Three composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia, and Pavel Dolenc of Slovenia. Delivering the ruling on the motion, Judge Williams, said that there was a dissenting opinion on the decision. "We have a split," he said. He said he would put his ruling in writing. Dissenting Judge Dolenc said: "I respectfully dissented with the decision of the majority". He however added that the rules of procedure set for very limited and specific grounds for acquittal. "Acquittal at this stage of the trial maybe based on insufficiency (of evidence)", he said. Prosecutors allege that in consort with Bagambiki, Imanishimwe helped prepare lists of people to eliminate. These lists were given to soldiers under Imanishimwe's command and militia with orders to arrest and kill the persons listed. Prosecution further alleges that some Tutsi refugees were arrested and brought to Imanishimwe, who ordered them to be executed. In the motion, Imanishimwe's lawyers had argued that the Prosecutor has not brought evidence to prove the conspiracy charge. Marie-Louise Mbida of Cameroon and Jean-Pierre Fofe of the Democratic Republic of Congo represent Imanishiwe. Russian judge Yakov Ostrovsky said, "all elements should be considered in this case." He added that the indictment did not specify, "He (Imanishimwe) was in agreement…It was necessary during evidence of prosecution to show with whom Mr Imanishimwe was in agreement to commit genocide, where and when." Judge Ostrovsky said. Judge Ostrovsky further said it appeared that the charge was included in the indictment "to increase the number of counts at the last moment". Meantime, defence counsels for former Transport Minister Ntagerura made their opening statement on Wednesday afternoon. Canadian Benoit Henry and Hamuli Rety of France and Democratic Republic of Congo (DRC) represent Ntagerura. The first defence witness testifying for Ntagerura is due to start giving evidence on Thursday morning. SW/JA/FH (CY-0306e)
____________________________________________________ ICTR/ CYANGUGU TRIAL OF THREE CYANGUGU LEADERS RESUMES Arusha, March 4th, 2002 (FH) - The trial of three former leaders from Cyangugu in southwest Rwanda resumed on Monday before the International Criminal Tribunal for Rwanda (ICTR). It was adjourned after the prosecution closed its case against the accused on November 21st, 2001. This case groups former Transport Minister André Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and former commander of the military barracks in Cyangugu, Samuel Imanishimwe. The Cyangugu case is alternating before ICTR's Trial Chamber Three with the case of former Bicumbi mayor Laurent Semanza, which was adjourned on February 28th. The Cyangugu trial started on September 18th, 2000. Prosecution maintains that all three accused are guilty of massacres of Tutsis in Cyangugu during the 1994 genocide. They have pleaded not guilty. Prosecution says civilian and military authorities, including Bagambiki, escorted refugees who had taken refuge in Cyangugu Cathedral to Kamarampaka stadium in Cyangugu. Subsequently, using lists already prepared, these Tutsis were called out by name and executed in a place called Gatandara. Former Transport Minister Ntagerura is said to have allowed or authorised the use of government vehicles, specifically buses for the transportation of [Interahamwe] militia, and for the transportation of arms and ammunitions to Cyangugu prefecture. Prosecutors allege that together with Bagambiki, former commander Imanishimwe helped prepare lists of people to eliminate. These lists were given to soldiers under Imanishimwe's command and to militiamen, with orders to arrest and kill the persons listed. At the time of the 1994 genocide, Imanishimwe was commander of the military barracks in Cyangugu. Last month, defence lawyers for Imanishimwe asked the International Criminal Tribunal for Rwanda (ICTR) to acquit him on the charge of conspiracy to commit genocide. In their motion, his lawyers are urging the ICTR's Trial Chamber Three to find that the Prosecutor has not brought evidence to prove the conspiracy charge. Marie-Louise Mbida of Cameroon and Jean-Pierre Fofe of the Democratic Republic of Congo represent Imanishiwe. Canadian Benoit Henry and Hamuli Rety of France and the Democratic Republic of Congo represent Ntagerura, while Belgian Vincent Lurquin represents Bagambiki. This case is before Trial Chamber Three composed of judges Yakov Ostrovsky of Russia, Lloyd George Williams of St. Kitts and Nevis (presiding) and Pavel Dolenc of Slovenia. SW/JA/FH (CY-0304e)
ICTR / CYANGUGU CYANGUGU TRIAL ADJOURNS TO MARCH, PROSECUTION CLOSES CASE Arusha, November 21st, 2001 (FH) - The genocide trial of three ex-leaders from Cyangugu, southwest Rwanda, was on Wednesday adjourned to March 4th before the International Criminal Tribunal for Rwanda (ICTR), as prosecution closed its case. The trial had been expected to resume on Monday, with the testimonies of two expert witnesses: former Rwandan prosecutor François-Xavier Nsanzuwera and Dr Gaston Lubambo, a sociologist from the Democratic Republic Congo. However, prosecution moved a motion to withdraw the two experts, saying previous witness testimony had made it "unnecessary" to call them. On Wednesday, the court ruled that the expert witnesses "are not properly on the witness list and therefore cannot be removed". This means prosecution will not call the two witnesses, despite objection from one defence team. The trial groups former Cyangugu prefect Emmanuel Bagambiki, former Transport Minister André Ntagerura and former Cyangugu military barracks commander Samuel Imanishimwe. All have pleaded not guilty to charges of genocide and crimes against humanity for their alleged roles in massacres of Tutsis in Cyangugu during the 1994 genocide. Defence teams for the accused had said they did not object to Dr Lubambo being withdrawn, provided a report he had submitted to the court was also withdrawn. But Bagambiki's defence team objected to Nsanzuwera not testifying. Witness for the defence? Bagambiki's Belgian counsel Vincent Lurquin says there were issues he did not pursue because he intended to cross-question Nsanzuwera. Lurquin said he had wanted to question Nsanzuwera "to establish the truth" about the 1992 massacres of Tutsis in Bugesera, Kigali-rural prefecture in central Rwanda. At the time, his client was prefect of Kigali-rural. Lurquin said expert witness and French sociologist André Guichaoua, who testified in the Cyangugu case, focussed on Bagambiki's alleged responsibility in the Bugesera massacres, saying that the accused had failed to act. But Lurquin says Nsanzuwera, testifying in another ICTR trial ("Media"), appeared to contradict this when he said he (Nsanzuwera, who was then Kigali Prosecutor) and some authorities acted immediately to stop the killing. Lurquin said he had wanted to pursue this apparent contradiction during cross-questioning of Guichaoua, but the court had told him he would later be able to put the question directly to Nsanzuwera. "You have to ask yourself why prosecution wanted to withdraw Nsanzuwera," Lurquin told Hirondelle. "It certainly wasn't to save time, because we have all come here." He said he was reserving the possibility of calling Nsanzuwera as a defence witness. This case is before Trial Chamber Three of the ICTR composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The Cyangugu case is "twin-tracking" before Trial Chamber Three with the case of former Rwandan mayor Laurent Semanza. That case is expected to resume next week. SW/JC/PHD/FH (CY_1121E)
______________________________________________ ICTR / CYANGUGU PROSECUTION SEEKS TO DROP WITNESSES IN CYANGUGU CASE Arusha, November 19th, 2001 (FH) Prosecutors in the trial of three genocide suspects from Cyangugu, southwest Rwanda, on Monday submitted an urgent motion to the International Criminal Tribunal for Rwanda (ICTR), seeking to withdraw the last two scheduled prosecution witnesses. Prosecution said it wanted to withdraw two expert witnesses, Dr Gaston Lubambo and François-Xavier Nsanzuwera. So far, 41 prosecution witnesses have testified. Prosecutor Richard Karegyesa of Uganda said it would be "unnecessary" to call the two experts, as evidence from previous witnesses had made their testimony redundant. He told the court it would save judicial time if they were left out. Karegyesa suggested that the defence could call the experts as defence witnesses if they so wished. The Cyangugu trial groups former Cyangugu prefect Emmanuel Bagambiki, former Transport Minister André Ntagerura and former Cyangugu military barracks commander Samuel Imanishimwe. All have pleaded not guilty to charges of genocide and crimes against humanity for their alleged roles in massacres of Tutsis in Cyangugu during the 1994 genocide. Defence teams for the three accused told the court they were not opposed to the prosecution dropping Dr Lubambo, and said they also wanted withdrawn a medical report he had submitted to the court. However, Bagambiki's Belgian lawyer Vincent Lurquin objected to the withdrawal of the expert witness Nsanzuwera. Lurquin said there were issues he had not elaborated as he had intended to put them to the expert witness Nsanzuwera. "I want to share with the court the discomfort and concern of the defence in the face of this motion," said Lurquin. He urged the court not to accede to the Prosecutor's request because he said it would prejudice his client. The Cyangugu case was adjourned on September 26th to make room for another case before the same Trial Chamber. It is due to resume on November 22nd. This case is before Trial Chamber Three of the ICTR, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/DO/FH (CY_1119e)
TPIR / CYANGUGU DEFENCE ARGUES AN ALIBI AS CASE OF CYANGUGU THREE IS ADJOURNED Arusha, September 26th, 2001 (FH) The lawyer for former Rwandan prefect and genocide suspect Emmanuel Bagambiki argued an alibi for his client during cross-examination of a witness at the International Criminal Tribunal for Rwanda (ICTR) on Tuesday and Wednesday. The so-called Cyangugu trial of Bagambiki and two other accused was meanwhile adjourned to November 19th, to make room for another case. Bagambiki's Belgian lawyer Vincent Lurquin told the court that his client could not have been in Bugarama (44 kilometres from Cyangugu, southwest Rwanda) as protected witness "LAI" had claimed, because Bagambiki was chairing a high-level meeting at the prefect's office in Cyangugu. The witness had told the court that the day after the April 6th 'plane crash that killed the former president, Bagambiki and co-accused Lieutenant Samuel Imanishimwe went to Bugarama for a meeting with the population there. Bagambiki was prefect of Cyangugu at the time of the genocide. Imanishimwe was commander of Cyangugu military barracks. They are on trial with former Transport Minister André Ntagerura, who is also from Cyangugu and also accused of organizing the massacres there. At the Bugarama meeting, according to Witness LAI, Imanishimwe ordered soldiers not to oppose the Interahamwe (extremist Hutu milita) who were preparing to wipe out the Tutsis in the region. LAI said Imanishimwe even shot at one person himself. "I personally saw Bagambiki carrying an Uzi gun," LAI continued. Reacting to Lurquin's alibi argument, he said: "I know it as a Rwandan. If he (Lurquin) had been there at the time, he would have been able to tell the court." Presiding judge Lloyd George Williams of Saint Kitts and Nevis intervened several times to calm the witness down, urging him to answer the questions. Lurquin also tried to demonstrate a number of contradictions between LAI's oral testimony and his previous statements to ICTR investigators. For example, the lawyer asked LAI to confirm that he had seen Bagambiki arrive in Bugarama on January 28th, 1994, aboard a helicopter full of weapons. These arms were allegedly used during the genocide that started just over two months later. In his testimony in chief, LAI had said the three accused arrived together in the helicopter, apparently contradicting an earlier version in which he said that Ntagerura arrived alone but that Bagambiki was among those who had gathered to welcome the minister. But the witness refuted any contradiction, saying the ICTR investigators had only asked him who was present. The case has been adjourned after the hearing of 41 prosecution witnesses. It is before Trial Chamber Three of the ICTR, composed of judges Williams (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The court is due next Monday to resume the case of former mayor Laurent Semanza. GA/AT/JC/PHD/FH (CY_0926E)
ICTR/CYANGUGU GENOCIDE SUSPECT WAS ALL-POWERFUL, SAYS WITNESS Arusha, September 21st, 2001 (FH) - Genocide suspect and former commander of Cyangugu military barracks Samuel Imanishimwe was so powerful that he appeared to be giving orders "at all times" during the 1994 Rwanda massacres, an expert witness for the prosecution told the International Criminal Tribunal for Rwanda (ICTR) on Friday. French sociology professor André Guichaoua told the court that Imanishiwe was known to have organised a number of massacres in Cyangugu, southwest Rwanda in 1994. The witness was testifying for the third day in the so-called Cyangugu trial, which groups Imanishimwe, former Transport Minister André Ntagerura and former prefect Emmanuel Bagambiki All have pleaded not guilty to charges of genocide and crimes against humanity for their alleged roles in massacres of Tutsis in Cyangugu during the genocide. Guichaoua told the court Imanishimwe had said he had the approval of prefect Bagambiki "to launch work". The term work was used to mean killing of Tutsis during the genocide. The witness said prefect Bagambiki was referred to as the "dog of Imanishimwe", apologising for having to use such a term in court. In cross-examination, Imanishimwe's lead defence counsel Marie-Louise Mbida of Cameroon maintained that Guichaoua was jumping to conclusions and that some of his statements were exaggerated and unfounded. But the witness maintained his position. "These are facts, not unfounded statements," Guichaoua said. Guichaoua gave the example of an incident in Bugarama (Cyangugu) where soldiers in the company of Imanishimwe surrounded a factory as people were killed inside. He said the soldiers prevented people from going in to assist the victims, only allowing Interahamwe militia to enter. Guichaoua said that thanks to family connections and ties with the military in Ruhengeri, northwest Rwanda (stronghold of the then-regime), Imanishimwe had powers surpassing his actual rank and seniority in the military. He also said he believed that Imanishimwe enjoyed confidence at the government level. During cross-examination, Mbida referred to a gendarme, Lieutenant Colonel Bavugamenshi, whom Guichaoua had said was opposed to the massacres but asked to be transferred to Cyangugu. She asked the witness to explain this apparent contradiction, if Imanishimwe was so powerful. Guichaoua responded that as a native of Cyangugu, Bavugamenshi had family and military ties in the region. Guichaoua also told the court that Imanishimwe had the means to leave Cyangugu if he had wanted to. Defence counsel maintained that there was a death penalty for deserting soldiers. But Guichaoua said others had deserted and were still alive. The hearing continues on Monday, before Trial Chamber Three of the ICTR, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The chamber sat exceptionally on Friday to try to ensure that Guichaoua completes his testimony on Monday. The 40th witness, a self confessed militiaman detained in Rwanda for involvement in the genocide, is expected to resume his unfinished testimony on Tuesday. His testimony was postponed to accommodate the expert witness. SW/JC/PHD/FH (CY_0921E)
ICTR / CYANGUGU LEADERS WERE KEY ELEMENTS IN KILLINGS, SAYS EXPERT WITNESS Arusha, September 20th, 2001 (FH) - Two genocide suspects and former leaders in Cyangugu, south-west Rwanda, were respected authorities, key to the organisation of massacres in their region, an expert prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday and Thursday. The 41st prosecution witness, French sociology professor André Guichaoua, told the court that during the time of the 1994 massacres "Rwanda became the Republic of prefects." Prefects were heads of regional provinces. Guichaoua, a professor at the University of Science and Technology in Lille, France, was testifying in the so-called Cyangugu trial. The case groups former Transport Minister André Ntagerura, former Cyangugu military commander Samuel Imanishimwe, and former Cyangugu prefect Emmanuel Bagambiki. They have pleaded not guilty to genocide charges. The witness said that Ntagerura and Bagambiki were very powerful in Cyangugu. "Prefect Bagambiki was not just anyone," said Guichaoua. The witness said Bagambiki came from Cyangugu, unlike his predecessor, and had much influence there. Guichaoua told the court that Bagambiki and two others opened a bank account five days after the interim government sent a letter to all prefects in May 1994. The letter, he said, was on "national security and civil defence" and was signed by former Prime Minister Jean Kambanda. The ICTR sentenced Kambanda to life imprisonment in 1998, after he pleaded guilty to genocide. Kambanda led the government in place during the genocide that started with the April 6th 1994, downing of the former president's 'plane. The witness said Bagambiki could easily have fled to ex- Zaire if he had wanted to disassociate himself with the genocide, but there was no indication he tried to oppose the massacres. Cyangugu is on the border with ex-Zaire. On Ntagerura, Guichaoua said the former minister never lost political power on the ground. Guichaoua quoted another Cyangugu leader as having called Ntagerura "the Ambassador of Cyangugu in Kigali". He said that as minister, Ntagerura was in charge of logistical means including the state-owned telephone company Rwandatel and the public transport company ONATRACOM. The hearing continued on Friday before Trial Chamber Three of the ICTR with defence lawyers cross-examining the witness. SW/JC/PHD/FH (CY_0920e)
ICTR / CYANGUGU ACCUSED JOINED KILLERS IN EATING HUMAN FLESH, CLAIMS WITNESS Arusha, September 10th, 2001 (FH) - Former Cyangugu military leader and genocide suspect Samuel Imanishimwe led killers in eating human flesh during the 1994 massacres in Rwanda, a witness told the International Criminal Tribunal for Rwanda (ICTR). The 39th prosecution witness, dubbed "LAP" to protect his identity, told the Chamber that he participated in killings in April 1994 in Gatandara region and Kamarampaka stadium in Cyangugu. He claimed that accused Imanishimwe "started a ritual of eating human flesh". "He showed us an example, he ate the heart and liver (of one of the victims)," LAP told the court. "Were these eaten raw or cooked?" asked prosecutor Holo Makwaia. LAP responded that they were "eaten after being roasted as brochettes". The so-called Cyangugu trial resumed Monday afternoon, after a delay in the morning due to the absence of defence counsel for one of the other accused, former prefect Emmanuel Bagambiki. However, Belgian lead counsel Vincent Lurquin arrived in the afternoon and explained to the Chamber that he had had transport problems en route from Europe. The Cyangugu trial groups former prefect Bagambiki, former Transport Minister André Ntagerura and former Cyangugu military barracks commander Imanishimwe. All have pleaded not guilty to charges of genocide and crimes against humanity for their alleged roles in massacres of Tutsis in Cyangugu during the 1994 genocide. LAP is a detainee in Rwanda for crimes committed during the genocide. The witness said he had been one of a group of killers at a roadblock in Gatandara and that Imanishimwe and Bagambiki had brought people to them on more than three occasions to be killed. The witness said the two instructed him and others to kill the people brought to them because they were Tutsi. According to LAP, victims were brought to the roadblock on April 13th, 14th and 22nd. But the killings in Cyangugu started shortly after the death of former president Juvénal Habyarimana, the witness said. Apart from those killed at the roadblock, LAP said more people were killed who had taken refuge in the Kamarampaka stadium. Their bodies were thrown in a pit latrine, he told the court. LAP said that a former mayor, Napoleon Mubiligi, and Cyangugu deputy prosecutor Siméon Nshamihigo were also present during some of the killings. Nshamihigo, a former Tribunal defence investigator, is now indicted and detained by the ICTR. The court heard that Imanishimwe shot and killed a woman who was among the victims. LAP told the Chamber that Imanishimwe tried to rape the victim but shot her in the genitals when she resisted. The hearing will proceed on Tuesday morning before judges Lloyd George Williams of St. Kitts and Nevis (presiding), Judge Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/PHD/FH (CY_0910f)
ICTR / CYANGUGU MISSING COUNSEL DELAYS RESUMPTION OF CYANGUGU TRIAL Arusha, September 10th, 2001 (FH) – The trial of three genocide suspects from Cyangugu, southwest Rwanda, could not proceed as scheduled on Monday morning at the International Criminal Tribunal for Rwanda (ICTR), because defence lawyers for one of the accused were absent. At the start of proceedings, the court noted that counsel for former prefect Emmanuel Bagambiki were not present. Mr Bagambiki told the Chamber he had been expecting his lead counsel over the weekend but had not heard from him. The so-called Cyangugu trial groups former prefect Bagambiki, former Transport Minister André Ntagerura and former Cyangugu military barracks commander Samuel Imanishimwe. All have pleaded not guilty to charges of genocide and crimes against humanity for their alleged roles in massacres of Tutsis in Cyangugu during the 1994 genocide. A legal assistant in Bagambiki's defence team, Sarah de Hemptinne, said she had been informed that lead counsel Vincent Lurquin of Belgium had travel problems but was expected in the later part of the morning. There was no information on Bagambiki's co-counsel, Luc Boutin of Canada. Bagambiki has previously told the Chamber that he has no confidence in Boutin. He reiterated his stand. "Mr Lurquin was supposed to see me on Saturday. As for Mr Butin, the Registry knows he has been asked to leave," said Bagambiki. Prosecutor Richard Karegyesa sought an adjournment. "Bagambiki would be prejudiced through no fault of his own if proceedings went on without both counsel, and the prudent option would be to adjourn," said Karegyesa. The court granted an adjournment and directed the Registry to inform all parties once Bagambiki's counsel arrived. Before adjournment, the court sent a message of condolence following the death of a former co-counsel for Imanishimwe, George So'o of Cameroon. So'o had resigned as co-counsel on May 11th 2001, for medical reasons. Imanishimwe's new co-counsel Jean Pierre Fofe of the Democratic Republic of Congo (DRC) said that lead counsel Marie-Louise Mbida would be in court on Tuesday. There are no changes in the defence team for Ntagerura, who is represented by Canadian Benoit Henri and Hamuli Rety of DRC/France. The hearing is before judges Lloyd George Williams of St. Kitts and Nevis (presiding), Judge Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The trial had been adjourned since June 7th, after the testimony of 38 prosecution witnesses, because Judge Ostrovsky was unwell. SW/JC/FH (CY_0910e)
___________________________________________________________________ ICTR / CYANGUGU FORMER PREFECT BOYCOTTS COURT AS CYANGUGU TRIAL IS ADJOURNED Arusha, June 7th, 2001 (FH) Former Rwandan prefect and genocide suspect Emmanuel Bagambiki boycotted his trial for the second day Thursday, after the International Criminal Tribunal for Rwanda (ICTR) rejected his request to cross-examine witnesses in the absence of his lead counsel. Former prefect Bagambiki has written a letter to the Chamber stating that he will only return to court if he is allowed to personally cross-examine witnesses in the absence of this lead counsel Vincent Lurquin of Belgium. He had earlier told the court that he has no confidence in his co-counsel Canadian Luc Boutin. Bagambiki is being jointly tried with former Transport Minister André Ntagerura and former Cyangugu military commander Samuel Imanishimwe. All have pleaded not guilty to charges of genocide and crimes against humanity. They are accused of massacres of Tutsis in Cyangugu, southwest Rwanda, during the 1994 genocide. The hearing on Thursday proceeded with the testimony of the 38th prosecution witness. The witness, dubbed "MF" to protect his identity, completed his cross-examination in a closed session. The case is before Trial Chamber Three of the ICTR, composed of judges Lloyd Williams of St. Kitts and Nevis (presiding), Judge Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The court on Thursday adjourned proceedings until further notice because Judge Ostrovsky is unwell. Judge Ostrovsky has been absent from court since Monday. SW/JC/FH (CY_0607e)
________________________________________ ICTR / CYANGUGU FORMER CYANGUGU MILITARY LEADER'S CO-COUNSEL LEAVES Arusha, May 25th, 2001 (FH) The International Criminal Tribunal for Rwanda (ICTR) has discharged Cameroonian lawyer George So'o from his duties on medical grounds. So'o was co-counsel for former Rwandan military leader Samuel Imanishimwe. Imanishimwe is on trial with two other suspects accused of genocide in the Cyangugu region of southwest Rwanda in 1994. His co-accused are former Cyangugu prefect Emmanuel Bagambiki and former Transport Minister André Ntagerura. All three have pleaded not guilty to charges of genocide and crimes against humanity. Imanishimwe's lead counsel Marie-Louise Mbida had earlier filed a motion seeking Mr. So'o's discharge. She cited a letter by So'o signed April 24th this year in which he declared his inability to continue serving Imanishimwe's defence team. A response signed May 17th by ICTR Registrar Adama Dieng states that Mr So'o's request has been granted. It says that exceptional circumstances apply in this case and the co-counsel is not in a position to offer effective services to the accused for medical reasons. Mbida told Hirondelle news agency that she was looking for another co-counsel. "I knew he was unwell and cannot continue with the case," she said. "I am following the procedure of getting another counsel." A defence investigator on Mbida's team was last week arrested on suspicion of genocide. Siméon Nshamihigo was detained by the Tanzanian police at the request of the ICTR. On Friday he was handed over to the Tribunal to face genocide charges. The court is still to make a ruling in the Imanishimwe case on a request that the Prosecutor should have any case documents that might be seized from Nshamihigo. Mbida says they should be given to the defence. The Cyangugu trial is heard by Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of St Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The next hearing is on June 4th. SW/JC/PHD/FH (CY_0525e)
MAY 24th, 2001
_______________________________________________________ ICTR / CYANGUGU CYANGUGU TRIAL ADJOURNED TO JUNE 4TH Arusha, May 24th, 2001 (FH) - The trial of three former Rwandan leaders charged with committing crimes in Cyangugu, southwest Rwanda, during the 1994 Rwandan genocide, was adjourned on Thursday until June 4th, at the International Criminal Tribunal for Rwanda (ICTR). The so-called Cyangugu trial groups former Cyangugu prefect Emmanuel Bagambiki, former commander of Cyangugu military barracks Samuel Imanishimwe and former Transport Minister André Ntagerura, who comes from Cyangugu. All three have pleaded not-guilty to charges of genocide and crimes against humanity for their alleged role in massacres during the 1994 genocide in Rwanda. The 36th prosecution witness, dubbed "LCJ" to protect her identity, gave most of her testimony in closed session on Wednesday and Thursday. LCJ, a 30 year-old Tutsi woman, was the seventh consecutive witness to testify on the exhumation on April 28th, 2000 of victims who had been killed in Cyangugu and buried in a mass grave during the massacres. LCJ said that in April, 1994, prefect Bagambiki ordered refugees out of the Cyangugu parish and into a stadium against their will. She added that "Imanishimwe, the Bishop of Cyangugu and many soldiers were present" when the refugees were relocated. According to the witness, some people were later removed from the stadium and killed. The court heard that out of the 17 bodies exhumed in April last year, 16 bodies were identified as being those of victims removed from the stadium on the prefect's order. All seven witnesses who testified on the exhumation said that the bodies were later reburied in May 2000. The court heard that the bodies could be identified because they were not completely decomposed. Meanwhile, the court is yet to make a ruling on an oral request Wednesday by prosecution, asking for an order that any case documents in the possession of arrested defence investigator Siméon Nshamihigo be seized and surrendered to the prosecution. Nshamihigo was arrested on May 19th by Tanzanian authorities at the request of the ICTR prosecution, which is investigating him for genocide. At the time of his arrest he was working for Imanishimwe's defence team, using an assumed name and a Congolese passport. But Imanishimwe's Cameroonian defence counsel Marie-Louise Mbida argued that any material that might be taken from the investigator should be returned to the defence. The hearing is before Trial Chamber Three composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/PHD/FH (CY_0524E)
___________________________________________________________________ ICTR/CYANGUGU MORE WITNESSES TESTIFY ON EXHUMATION IN CYANGUGU Arusha, May 21st, 2001 (FH)- Two more witnesses on Monday testified to the International Criminal Tribunal for Rwanda (ICTR) about the April 2000 exhumation of victims killed in Cyangugu, southwest Rwanda, during the 1994 genocide. Prosecution witnesses "LCF" and "LCH", dubbed as such to protect their identities, were the 34th and 35th to testify in the trial of three former Cyangugu leaders charged with genocide and crimes against humanity. The case groups former Cyangugu prefect Emmanuel Bagambiki, former commander of Cyangugu military barracks Samuel Imanishimwe and former Transport Minister André Ntagerura who comes from Cyangugu. LCF and LCH were the fifth and sixth consecutive prosecution witnesses to testify on the exhumation of bodies of victims removed from a stadium in Cyangugu in April 1994 and subsequently killed. According to these two witnesses, their husbands were among 16 people who were removed from Kamarampaka stadium in Cyangugu on the orders of former prefect Bagambiki, and subsequently killed. According to the witnesses, the bodies of the 16 victims were exhumed on April 28th last year from a mass grave that had previously been used as a pit latrine. They were reburied in May in Cyimbogo commune in Cyangugu, after relatives identified them. The body of a 17th victim was not identified. LCF said that she last saw her husband alive on April 7th, 1994, "the day after the President's (late former president Juvénal Habyarimana's) death". She told the court that villagers held meetings and contributed funds for widows to exhume the bodies. During cross-examination, the defence maintained that there were contradictions between her written statement to ICTR investigators and what she was saying in court. LCH said that the body of her husband had wounds on the legs and a large opening on one side near the ribs. Like two previous witnesses, she claimed that the body had no heart, and that "I learnt the attackers ate the hearts of their victims". LCH said that although she was scared to verify this herself, other people who witnessed the exhumation with her put their hands into the body through the opening in the ribs, and noted that the body had no heart. She added that the body was reburied on May 13th last year. The hearing is before Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY_0521e)
ICTR / CYANGUGU VICTIMS' HEARTS HAD BEEN REMOVED AND 'EATEN', WITNESS CLAIMS Arusha, May 17th, 2001 (FH) - Attackers who killed fleeing refugees in Cyangugu, southwest of Rwanda, during the 1994 genocide, spread news that they had "eaten" the hearts of their victims, a witness testified at the International Criminal Tribunal for Rwanda (ICTR) on Thursday. The 33rd prosecution witness, dubbed "LCE" to protect her identity, told the court that her husband was killed in April 1994 in Cyangugu. His body was exhumed from a mass grave in April last year, and "it no longer had a heart," LCE said. "It was said that the killers had removed the victims' hearts and eaten them so that they couldn't be punished because of the blood spilled and if the victims ever resurrected they would have no hearts," she continued. LCE is the fourth consecutive prosecution witness to testify in the so-called Cyangugu trial on the exhumation last year of genocide victims. The case groups former Cyangugu prefect Emmanuel Bagambiki, former commander of Cyangugu military barracks Samuel Imanishimwe and former Transport Minister André Ntagerura, who comes from Cyangugu. All three are accused of genocide and crimes against humanity for their alleged role in massacres during the 1994 genocide in Rwanda. They have pleaded not guilty. LCE said her husband was one of 16 people who were removed from Kamarampaka stadium in Cyangugu in April 1994 on the orders of Bagambiki, and subsequently killed. According to LCE, her husband's body had machete and bullet wounds and his hands were twisted behind his back. The bodies of the 16 victims were exhumed on April 28th last year from the mass grave which had previously been used as a pit latrine. They were reburied in May 2000 in Cyimbogo commune in Cyangugu after relatives identified them. A 17th body was not identified. During cross-questioning, Imanishimwe's defence counsel Marie-Louise Mbinda of Cameroon questioned how LCE could tell that the deceased's body had no heart. The witness answered: "I knew personally that my husband's body had no heart". . On Wednesday, the 32nd prosecution witness LCD said he identified the body of his father which was retrieved from the same mass grave and that "it had no heart, kidneys or sexual organs". Two other witnesses, LCA and LCC who testified earlier, said that the bodies could be identified because they were not completely decomposed and some of the clothing on them could be recognized. All four witnesses said that the bodies were washed and dressed in new clothes before reburial in May 2000. French defence counsel Hamuli Rety for Ntagerura sought to know if any official authority certified the deaths. In response, LCE said that the family members and relatives identified the bodies and the local bourgmestre (mayor) had already "initially" certified their deaths. The case is before the ICTR's Trial Chamber Three, composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. Proceedings were adjourned until next Monday, when another witness will testify. SW/JC/PHD/FH (CY_0517E)
ICTR / CYANGUGU WITNESS RECALLS EXHUMATION OF SLAIN FATHER'S BODY Arusha, May 14th, 2001 (FH) - A prosecution witness on Monday told the International Criminal Tribunal for Rwanda (ICTR) how the body of his slain father was exhumed from a pit latrine six years after the 1994 Rwandan genocide. His father was one of 17 refugees allegedly ordered out of a stadium by genocide suspect Emmanuel Bagambiki, and who were subsequently killed. The witness, dubbed "LCA" to protect his identity, is testifying in the trial of Bagambiki, who was prefect of Cyangugu (southwest Rwanda), and two other suspects accused of genocide in Cyangugu. The other two are former head of Cyangugu military barracks Samuel Imanishimwe, and former Transport Minister André Ntagerura. LCA said his father's body was exhumed from a pit latrine in Cyangugu on April 28th last year, and that he had been able to identify it "because it was not totally decomposed". He said there were 16 other bodies, and all but one were identified as the refugees that had been removed from the stadium on Bagambiki's orders. LCA said he was able to identify his father's body because of distinctive marks such as a scar on the head and long fingers. The feet, he later told the court, had been cut off. LCA said he could also remember and identify the clothes his father was wearing. But the defence took issue with a prosecution exhibit, a piece of cloth allegedly removed from the body of the witness's father. LCA had told the court that after exhumation his father's body was cleaned, re-clothed and the original clothes thrown away. The defence questioned how he had been able to identify a piece of cloth nearly two weeks later to ICTR investigators, and suggested that the exhibit was not reliable evidence. LCA said he and his father were among Tutsi refugees that fled to Cyangugu Cathedral after learning of the death of former president Juvénal Habyarimana on April 6th, 1994. The witness told the court that on April 15th, Bagambiki ordered the refugees to head for the Kamarampaka stadium, against their will. According to LCA, soldiers were placed to guard the stadium. He said the prefect Bagambiki called a meeting at which he read out a list of 16 names, including that of LCA's father. The named people were then removed from the stadium. LCA said that had been the last time before the exhumation of the body that he had seen his father. The case is before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of St Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (0514e)
ICTR/ CYANGUGU GENOCIDE SUSPECT CROSS-EXAMINES WITNESS Arusha, May, 10th, 2001 (FH) - Genocide suspect Emmanuel Bagambiki personally cross-examined a prosecution witness before the International Criminal Tribunal for Rwanda (ICTR) on Thursday. Bagambiki, who was prefect of the south Rwandan Cyangugu region during the 1994 genocide, was allowed to ask supplementary questions after his co-counsel Luc Boutin of Canada had cross-examined the witness. The court said last week that it might allow such a measure, given that Bagambiki has withdrawn confidence from Boutin and that the defendant's lead counsel, Vincent Lurquin of Belgium, is absent for medical reasons. Bagambiki is only the second defendant in the ICTR's history to conduct his own cross-examination of a witness, an event that attracted an unusually full public gallery. The first accused to do so was former mayor of Taba Jean-Paul Akayesu, who was convicted of genocide in 1997. Akayesu was allowed to conduct cross-examination of witnesses after he rejected defence counsel assigned to him by the ICTR. The accused remained calm and courteous as he put his questions. In particular, he asked protected witness "LC" to confirm a statement that he (Bagambiki) convened security meetings throughout the prefecture after April 6th, 1994. The witness confirmed this. Bagambiki referred to himself in the third person. "I wish you a safe return to your country, our country," Bagambiki told the witness after about one hour of cross-examination. Bagambiki is being jointly tried with two other suspects accused of genocide in the Cyangugu region of south-west Rwanda. They are former commander of Cyangugu military barracks Samuel Imanishimwe and former Transport Minister André Ntagerura. This trial is before Trial Chamber Three of the ICTR, composed of Judges Lloyd George Williams of St Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. GG/PHD/FH (ME_0510e)
___________________________________________________________________ ICTR/CYANGUGU COURT REJECTS PART OF WITNESS'S TESTIMONY Arusha, May 9th, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Wednesday rejected part of a prosecution witness's testimony in the trial of three former leaders suspected of committing genocide in Cyangugu, southwest Rwanda. The 23rd prosecution witness, dubbed "LC" to protect his identity, told the court that on April 14th he saw groups of people at a place called Mukadasomwa in Cyangugu, who were later killed. However he said that he did not see how they died and that a colleague had informed him they were massacred, that former Cyangugu prefect Emmanuel Bagambiki knew about it and did not intervene. Witness LC said that a colleague who saw the killings told him he had informed the prefect Bagambiki of the fate of the people and sought his (Bagambiki's) advice on what to do following the killings. According to LC, the prefect told those who sought his advice to get prisoners to go and bury the bodies. Bagambiki's defence co-counsel Luc Boutin (Canada) objected to this evidence, saying that it was new evidence only transmitted to the defence on May 7th. Boutin added that the evidence was hearsay as witness LC did not see the killings but was told about it by his colleague. The court granted his objection. Bagambiki is being tried in this case with Samuel Imanishimwe, the ex-commander of Cyangugu military barracks, and former Transport Minister André Ntagerura. All three are accused of genocide and crimes against humanity. The prosecution says they conspired together to organise the extermination of Tutsis in Cyangugu. Earlier, LC said that three people from the Kamembe commune in Cyangugu were led to a military camp, taken to a roadblock at Gatandara and killed at the behest of Imanishimwe. "Next day, we took their bodies and buried them," said LC. Imanishimwe's defence raised an objection to this evidence, but the objection was overruled. The witness told the court that on April 8th,1994, after the announcement of the death of former President Juvénal Habyarimana, he was collected from his house by a workmate. LC told the court that when all the workers were assembled at the prefecture offices, a security meeting was held and the prefect delegated duties. "After this meeting, we learned that killings had started and shops were looted," he said. Cross-examination of the witness will continue on Thursday, before Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of St Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY_0509E)
ICTR / CYANGUGU COURT FIRM AS FORMER PREFECT SEEKS TO CONDUCT OWN DEFENCE Arusha, May 7th, 2001 (FH) The International Criminal Tribunal for Rwanda (ICTR) on Monday rejected former Rwandan prefect and genocide suspect Emmanuel Bagambiki's request to conduct his own defence because he did not have confidence in his co-counsel, Luc Boutin of Canada. The defendant's Belgian lead counsel Vincent Lurquin is currently absent owing to illness. However, Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of St Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia, ruled that Bagambiki would be allowed to ask supplementary questions during cross-examination of prosecution witnesses, if Lurquin had not returned. "We will make an exception in this case," said Judge Williams. Bagambiki is being jointly tried with two other suspects accused of genocide in the Cyangugu region of southwest Rwanda. They are former commander of Cyangugu military barracks Samuel Imanishimwe and former Transport Minister André Ntagerura. Bagambiki said he was "very ready" to cross-examine prosecution witness "AQ" who had testified earlier, as he did not want Boutin to do it. However, the court adjourned the cross-examination to Monday, to allow the defence teams time to prepare. Court is suspended Tuesday to allow ICTR staff to attend a memorial ceremony for Judge Laity Kama who died on Sunday. A new witness dubbed "LAC" is expected to start testifying when the court resumes on Wednesday. For some time, Bagambiki has been protesting that he does not want Boutin on his defence team or in court. He says the two have not met since February. Lead counsel Lurquin has nevertheless expressed confidence in Boutin. The Chamber noted that Boutin was still the assigned co-counsel for the accused who has claimed indigence, and that the proceedings must continue. "The Chamber cannot allow the accused to determine when, where and how the case is proceeding," said Judge Williams. SW/JC/FH (CY_0507e)
MAY 6th, 2001
ICTR/ CYANGUGU RWANDAN LIEUTENANT TO TESTIFY IN HIS OWN DEFENCE Arusha, May 6th, 2001 (FH) - Rwandan Lieutenant Samuel Imanishimwe, on trial for genocide, will testify before the International Criminal Tribunal for Rwanda (ICTR) in his own defence, his lawyer said on Friday. Cameroonian counsel Marie-Louise Mbida was speaking during cross-questioning of the 22nd prosecution witness in the case, a former soldier who was one of Imanishimwe's bodyguards in 1994. The witness had accused his former boss of participating in massacres during the genocide. Defence counsel Mbida told the court that Imanishimwe would himself explain to the court his activities at that time. The accused was commander of the military barracks in Cyangugu, southwest Rwanda, during the April to July 1994 genocide. He is on trial with two other suspects accused of committing genocide and crimes against humanity in Cyangugu. They are former Cyangugu prefect Emmanuel Bagambiki and former Transport Minister André Ntagerura. Prosecution says that Imanishimwe's influence was much greater than his rank of lieutenant would suggest, thanks to the fact that he came from the same region as former president Juvénal Habyarimana. It was Habyarimana's death in the April 6th, 1994, 'plane crash that sparked the genocide of Tutsis and moderate Hutus. Prosecutors say Imanishimwe participated actively in both the preparation and implementation of the genocide by training militia and distributing weapons. He has pleaded not guilty. AT/JC/FH (CY_0506E)
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ICTR/CYANGUGU CYANGUGU TRIAL ADJOURNS UNTIL MAY Arusha, March 1st, 2001 (FH) - The trial of three former Rwandan leaders charged with genocide adjourned on Thursday until May 2nd at the International Criminal Tribunal for Rwanda (ICTR) The Cyangugu trial groups former transport minister André Ntagerura, former Cyangugu prefect Emmanuel Bagambiki and Samuel Imanishimwe, who was commander of the army barracks in the prefecture. The three are charged with genocide and crimes against humanity. They have pleaded not guilty. The adjournment will make way for the hearing of another case before the same Chamber. The case of former mayor of Bicumbi (central Rwanda) Laurent Semanza will resume on March 6th. The Cyangugu trial adjourned after the 26th prosecution witness had testified before Trial Chamber Three, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The witness, going by the name "LAW" to protect her identity, said that attacks against Tutsis in Gisuma started soon after the death of the former President Juvénal Habyarimana was announced on April 7th 1994. LAW told the court that her husband and three-year-old child were killed during an attack by Interahamwe Hutu militia in Gisuma commune, Cyangugu, in April 1994. She added that she fled and hid in the bush for a week. The witness said that the number of refugees fleeing Gisuma increased as they met others on the way and there were eventually about 400 to 500 of them in the neighboring commune of Kamembe. Prior to LAW, the court heard the testimony in closed session of the 25th prosecution witness, dubbed "LY" to protect his identity. LY started his testimony last week and was heard entirely in camera. The prosecution said witness "AQ" would be the next to testify when the case resumes on May 2nd. The Chamber also stressed that suspects who "drop their counsel midstream" will not be allowed to frustrate proceedings. "The issue of losing confidence in one's counsel is nebulous," Judge Williams said. Bagambiki has asked to change his co-counsel, Luc Butin of Canada, but the Chamber ruled that he would remain committed to his duties until the matter is resolved following the proper procedure, when the trial resumes. Procedure requires that any such request should come from the lead counsel. SW/JC/FH (CY_0301e)
___________________________________________________________________ ICTR/CYANGUGU WITNESS ESCAPED DEATH BY BRIBING GENDARME Arusha, February 22nd, 2001 (FH) - A survivor of the 1994 Rwanda genocide told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that he escaped death by bribing a gendarme who allowed him out of a stadium in Cyangugu, southwest Rwanda. The 24th prosecution witness dubbed “NL” to protect his identity, was testifying in the so-called Cyangugu trial which groups former Cyangugu prefect Emmanuel Bagambiki, Samuel Imanishimwe, who was commander of the army barracks in the prefecture, and former Transport Minister André Ntagerura. They have pleaded not guilty to genocide and crimes against humanity. NL told the court that in April 1994, Tutsis and moderate Hutus seeking refuge at the Cyangugu Cathedral were taken by Bagambiki and the Cyangugu Bishop to the Kamarampaka stadium and shut in. According to NL, on April 16th Bagambiki came to the stadium and read out a list of names including that of the witness. He added that he did not answer, but 16 of those who did were taken away by soldiers and later killed. NL said that he offered 30,000 Rwandan francs to one of the gendarmes guarding the stadium to let him go. "Since more lives could be saved with that amount, I asked him to let me go with two other people", the witness said. NL told the court that they left on the morning of April 18th and headed for Bukavu in former Zaire (now Democratic Republic of Congo). In his testimony, NL said that the bodies of the 16 victims from Kamarampaka stadium were exhumed and reburied in April 2000, after someone who witnessed their disposal in 1994 identified a pit in which they had been buried. In the same court, the 25th prosecution witness identified as "LY" to protect his identification, started his testimony on Thursday in a closed session. Prosecution had made an oral application for the witness to be heard in camera as a measure to protect his identity. The hearing continues before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY_0222e)
FEBRUARY 20TH 2001 ___________________________________________________________________ ICTR/CYANGUGU
LEADER ENCLOSED REFUGEES TO AWAIT DEATH, SAYS SURVIVOR Arusha, February 20th, 2001 (FH) - Former Rwandan mayor and genocide suspect Emmanuel Bagambiki shut fleeing Tutsis into a stadium who were later killed, a survivor told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday. The 24th prosecution witness, dubbed "NL" to protect his identity, told the court that in April 1994, Bagambiki took refugees who had gathered at the Cyangugu Cathedral, southwest Rwanda, to the Kamarampaka stadium in Cyangugu where they were "locked up". Bagambiki, a former prefect of Cyangugu prefecture, and Samuel Imanishimwe, a former Cyangugu military leader, are on trial with former Transport Minister André Ntagerura in the so-called Cyangugu trial, which started on September 18th. All three are accused of genocide and crimes against humanity. The prosecution says they conspired together to organise the extermination of Tutsis in Cyangugu. NL said that the refugees who got to the stadium on April 16th "did not leave the Cathedral wilfully" and that soldiers prevented from leaving the stadium. According to NL, Bagambiki came to the stadium in the company of commander Imanishimwe and other local leaders and addressed the refugees. NL added that Bagambiki read a list of names and these people were "taken away". "He said that among us refugees, some had radios with which they communicated to the Inkotanyi [derogatory for Tutsi] and these would be taken for questioning, " said witness NL. "My name was called but I remained silent," he told the court. He said he later learned the 16 people who were taken away were killed at the gendarmerie brigade on the same evening. Another witness (the 23rd), dubbed NI for her protection, told the same court that on April 16th, at the Kamarampaka stadium, Bagambiki read out 17 names and these people were taken away. The witness, a young Tutsi woman, told the court that her father was killed during the genocide. She gave most of her testimony in closed session. NI said that people dressed like Interahamwe (militia) removed her and some children from the stadium on April 17th. NI said that she and surviving members of her family fled to the former Zaire in July 1994. The defence maintained that NI could not distinguish Hutus from Tutsis and only assumed that their attackers were Hutu because she had been told so since childhood. The hearing continues Wednesday with the testimony of witness NL before the ICTR’s Trial Chamber Three, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY_0220e)
FEBRUARY 15th 2001
___________________________________________________________________ ICTR/CYANGUGU COURT ADJOURNS AS WITNESS FALLS ILL Arusha, February 15th, 2001 (FH) - The trial of three genocide suspects accused of crimes in the southwest Rwandan region of Cyangugu in 1994 was adjourned on Thursday afternoon, as a witness fell ill and was unable to proceed with his testimony. The hearing will resume on Monday, February 19th. The so-called Cyangugu trial groups former Transport Minister André Ntagerura, former Cyangugu prefect Emmanuel Bagambiki, and Samuel Imanishimwe, who was commander of the army barracks in Cyangugu prefecture. All three have pleaded not guilty to charges of genocide and crimes against humanity. The 22nd prosecution witness, a Tutsi genocide survivor dubbed "LBH" to protect his identity, was unable to testify in the afternoon, prosecutor Holo Makwaia informed the International Criminal Tribunal for Rwanda (ICTR). The case is before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The chamber granted an adjournment but advised the prosecution to line up another witness for hearing on Monday in case LBH had not recovered. LBH earlier told the court that former prefect Bagambiki and military leader Imanishimwe had tried to prevent the exodus of Tutsi refugees from the Kamarampaka stadium in Cyangugu towards the former Zaire (now Democratic Republic of Congo, DRC). On cross-questioning by the defence, the witness said that over 5,000 refugees forced their way out of the camp "where they had been assembled by Bagambiki". "We thought we could get to Zaire and ask for asylum," LBH said. The defence maintained that there were contradictions between the witness’s written statements to ICTR investigators and his testimony in court. SW/JC/PHD/FH (CY_0215e)
FEBRUARY 14th 2001
___________________________________________________________________ ICTR / CYANGUGU RWANDA TRIBUNAL THROWS OUT RAPE CHARGES Arusha, February 14th, 2001 (FH) The International Criminal Tribunal for Rwanda (ICTR) on Wednesday refused to admit new rape charges in the case against three genocide suspects accused of crimes in Cyangugu prefecture, southwest Rwanda, in 1994. In its decision, the court said it was concerned about the seriousness of the issues raised by the introduction of new charges. Presiding judge Lloyd Williams of Jamaica said the decision was based on the principle that the accused must “be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her”, according to the ICTR Statute. Judge Williams said it would not be fair to the accused to admit the new charges. The court considered that the prosecution had taken a strategic decision not to introduce rape charges at the outset, and that it could not introduce them at this stage. Tanzanian prosecutor Holo Makwaia tried on Tuesday to lead the twenty-second prosecution witness to testify on alleged rape of Tutsi women who had taken refuge in the Kamarampaka stadium in Cyangugu. However, this raised a storm of protest from the defence. The defence pointed out that rape charges did not figure in the indictment and that the prosecution was not acting fairly. The trial groups former prefect of Cyangugu Emmanuel Bagambiki, former transport minister André Ntagerura who comes from Cyangugu and former commander of Cyangugu military barracks Lieutenant Samuel Imanishimwe. All three are charged with genocide and crimes against humanity. All three have pleaded not guilty. In an oral motion on Wednesday morning, the prosecution argued that it could introduce the element of rape without amending the existing indictment as the defendants were already charged with genocide and that rape was a component of genocide. This argument is based on the ICTR’s 1998 judgement in the case of former Rwandan mayor Jean-Paul Akayesu, which recognized for the first time that rape could be part of genocide. However, the court said this was a wrong interpretation of the Akayesu judgement. In that case, it said, the prosecution had been authorized to amend the indictment to include rape charges. The case is being heard by Trial Chamber Three of the ICTR, composed of Judge Williams (presiding), Judge Yakov Ostrovsky of Russia and Judge Pavel Dolenc of Slovenia. AT/JC/ FH (cy_0214E)
___________________________________________________________________ ICTR/ CYANGUGU CYANGUGU TRIAL RESUMES AFTER 10-DAY SUSPENSION Arusha, February 12th, 2001 (FH) The genocide trial of three former Rwandan officials charged with crimes in the southwest Rwandan prefecture of Cyangugu in 1994 resumed Monday before the International Criminal Tribunal for Rwanda (ICTR), after a 10-day suspension. Proceedings continued with the testimony of the 21st witness for the prosecution. The Cyangugu trial groups former Transport Minister André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, and the ex-commander of Cyangugu military barracks Samuel Imanishimwe. They are jointly accused of genocide and crimes against humanity. All three have pleaded not-guilty. The witness, dubbed MG to protect his identity, described himself as a Tutsi who was living in Kamembe commune, Cyangugu prefecture in 1994. He told the court he was arrested and detained at Kamembe market place, before being taken by soldiers to Cyangugu military barracks and then to Gatandara. MG said people were being massacred because of their ethnicity. He also described to the court how some were tortured. According to the prosecution, some 100,000 Tutsis were killed in Cyangugu prefecture in only 20 days. Massacre sites mostly frequently mentioned by witnesses include the Kamarampaka stadium in Cyangugu, the Cyangugu cathedral and the parishes of Shangi and Mibilizi, Nyarushishi, Gashirabwoba and Gatandara. The case is being conducted before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The trial is alternating with that of former Rwandan mayor Laurent Semanza before the same chamber. Semanza’s trial is scheduled to resume on March 5th. AT /JC/FH (CY_0212E )
ICTR/CYANGUGU CYANGUGU TRIAL ADJOURNED TO FEBRUARY 12TH Arusha, February, 1st, 2001 (FH) The International Criminal Tribunal for Rwanda (ICTR) on Thursday adjourned the genocide trial of three former Rwandan officers from the Cyangugu region, southwest Rwanda, to February, 12th. The so-called Cyangugu trial brings together former Transport Minister André Ntagerura, former Prefect of Cyangugu, Emmanuel Bagambiki and former commander of Cyangugu military barracks Lt. Samuel Imanishimwe. The three are charged with genocide, complicity in genocide, conspiracy to commit genocide, public incitement to commit genocide, crimes against humanity. Imanishimwe is also charged with violations of the Geneva Convention (war crimes). The trial was adjourned after the testimony of the twentieth prosecution witness dubbed, "MA" to protect his identity. Witness MA testified that after the death of former Rwandan president Juvénal Habyarimana, many roadblocks were raised in Kigali by the army and Interahamwe militia to identify Tustis and moderate Hutus. The Tutsis and Hutu opponents of the regime were then taken to various prisons where they were mistreated and some of them probably killed, MA said. Witness MA, a Hutu from Cyangugu, lived and worked in Kigali until the beginning of the genocide. He told the court that he moved to Cyangugu at the beginning of the genocide to avoid taking part in manning the roadblocks that were meant to persecute Tutsis and moderate Hutus. Hutus who rejected work at the roadblocks, he said, were considered Tutsi sympathisers and enemies of the state. The case is being heard by Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The Cyangugu trial is alternating with the trial of former Rwandan mayor Laurent Semanza in Trial Chamber Three. Semanza's trial is scheduled to resume on March, 5th, 2001. GG/JC/FH(CY_0201e)
JANUARY 31st 2001
ICTR/CYANGUGU WITNESS FAILS TO IDENTIFY SUSPECT AND POINTS AT ANOTHER Arusha, January 31st, 2001 (FH) - A prosecution witness on Wednesday failed to identify a suspect on trial for crimes committed in Rwanda during the 1994 genocide while testifying before the International Criminal Tribunal for Rwanda (ICTR). Former Transport minister Andre Ntagerura, former Cyangugu prefect Emmanuel Bagambiki, and Samuel Imanishimwe, who was commander of the army barracks in the prefecture, are being tried jointly for genocide and crimes against humanity. All three have pleaded not guilty. The 19th prosecution witness, dubbed "LH" to protect his identity, told the court that former prefect Emmanuel Bagambiki selected Tutsis whose names were listed before they were sought and massacred. LH said that the former prefect went to the Kamarampaka stadium in Cyangugu where he and other Tutsis had taken refuge. There he had some arrested, the witness said, and ordered their killing. The witness told the court "Bagambiki came to the stadium with soldiers and a list of names from which he called some people by name. Those who left were never seen again". According to the witness, more Tutsis arrested on the orders of the prefect were taken to Gatandara (in Cyangugu) and killed. He added that he escaped arrests twice and at one point hid close to some newly dug pit latrines. The witness added that while still at the stadium, Bagambiki informed the remaining refugees that buses would collect them and take them to Nyarushishi (refugee camp). However, when asked to identify the former prefect, the witness instead pointed out André Ntagerura. The defence did not cross-examine the witness. This case is before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/DO/FH (CY_0131e)
JANUARY 30TH 2001
ICTR/CYANGUGU SURVIVOR SWAM ACROSS LAKE UNDER HAIL OF BULLETS Arusha, January 30th, 2001 (FH) - A survivor of the 1994 Rwanda genocide told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday, that he swam across Lake Kivu to neighbouring Democratic Republic of Congo fleeing attacks in the Cyangugu region, south west Rwanda. The 18th prosecution witness called "LI" to protect his identity said that he and other Tutsis who had taken refuge at the Cathedral in Cyangugu were sought by gendarmes and soldiers. The Cyangugu trial groups former Transport Minister André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, and the ex-commander of Cyangugu military barracks Samuel Imanishimwe. They are jointly accused of genocide and crimes against humanity. According to LI, he went from his Kamembe commune to a Jesuit Centre at the Cyangugu Cathedral where the fleeing Tutsis took refuge. "Attackers surrounded us, some escaped while some were apprehended by soldiers," he said. LI told the court that the soldiers made the refugees lie face down in the mud while beating them with the butts of their guns and kicking them with their boots. Those arrested were taken to the Karambo military camp in Cyangugu on April 11th, 1994, LI said. He added that in this camp, the soldiers informed a commander that the captives were "inkotanyi inyenzi" (referring to the Tutsi). The witness said that he later learned the name of the commander was Imanishimwe. "We were introduced to a commander. Personally I did not know him but the people who were with me knew him," the witness told the court. LI said seven of them were arrested at the Jesuit Centre in Cyangugu Chapel, including his older brother. LI told the court that the commander told the soldiers "to take care of them" (the captives) and they proceeded to beat them with sticks and small metal clubs. "They told us they would beat us to death and locked us in a room", the witness said. Witness LI said that he and another captive tried to escape from the military camp on realising they would die from the beatings. He described how he ran while being fired at, got to an embankment and jumped into the lake. He told the court that as he swam he could hear the sound of gunshots but no bullets hit him, so he continued on and eventually found himself at a centre called Amani in the Democratic Republic of Congo. SW/JC/FH (CY_0130e)
JANUARY 24th 2001
ICTR/CYANGUGU FORMER MINISTER ORDERED KILLING OF WOMEN REFUGEES, SAYS WITNESS Arusha, January, 24th, 2001 (FH) A witness told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that former transport minister André Ntagerura ordered the killing of at least 18 women, three boys and an unspecified number of babies in Cyangugu region, southern Rwanda in 1994. Witness 'LAB', named as such to protect his identity, told Trial Chamber Three that the victims had been spared from a previous attack in which only men and energetic male youths were killed. Ntagerura is being jointly tried with former prefect of Cyangugu Emmanuel Bagambiki and former commander of Cyangugu military barracks Samuel Imanishimwe, in the so called Cyangugu trial. The three are accused of having planned, incited and perpetrated the 1994 genocide in Cyangugu. "When he (Ntagerura) arrived, he asked us how far we had gone with the work. We told him that all the Tustis had been killed apart from the women." Witness 'LAB', a thirty- five year old Hutu who confessed to having participated in the genocide, told the court. "He did not add anything. He asked us to kill them immediately. Among them were three boys who were shot, whereas their mothers, about eighteen of them together with their children, were killed with clubs." 'LAB' also said he had, under Imanishimwe’s orders and Bagambiki’s supervision, participated in the killing of Tutsis taking refuge at Gashyirabwoba stadium in Cyangugu. The Hutu Interahamwe militia had failed to kill the refugees, so Imanishimwe brought soldiers and armed Interahamwe, the witness said. "When we were there, Imanishimwe and Bagambiki told the Tutsi who had gathered at the field to remain calm because soldiers had been brought to protect them." Shortly afterwards, the witness said, Imanishimwe gave some kind of command and the killings began. 'LAB' also said he and twenty-nine other men received training in gun-handling at the request of Imanishimwe. The group, LAB said, was later due to participate in various killings. Witness 'LAB' is the seventeenth of the forty-five prosecution witnesses scheduled to testify in the Cyangugu trial. The trial is being heard by Trial Chamber Three of the ICTR, composed of judges Lloyd Williams of Jamaica and St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. GG/JC/FH (CY_2401)
JANUARY 23rd 2001
ICTR/CYANGUGU FORMER MINISTER CALLED FOR KILLING OF TUTSIS, SAYS WITNESS Arusha, January 23rd, 2001 (FH) - Former Rwandan Transport Minister André Ntagerura called for the killing of Tutsis in Cyangugu prefecture, southwest Rwanda, in April 1994, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday. The sixteenth prosecution witness, dubbed MZ to protect his identity, told the UN court that he heard Ntagerura instruct villagers to hunt down the enemy because they had "killed the head of state". Former minister Ntagerura, former Cyangugu prefect Emmanuel Bagambiki, and Samuel Imanishimwe, who was commander of the army barracks in the prefecture, are charged with genocide and crimes against humanity. They have pleaded not guilty. Witness MZ is a Tutsi man who survived the 1994 genocide. He said that after the death of former President Juvénal Habyarimana was announced, houses belonging to Tutsis were torched, and many fled to the bush. MZ said that while in hiding, he heard Ntagerura tell a meeting: "I no longer want to hear of any Tutsis living in this hill." The witness also quoted Ntagerura as saying that “the enemy is not far away” and that the “enemy” was amongst people’s neighbours. Witness MZ told the court that on April 14th, 1994, a message was broadcast through loudspeakers urging people in hiding to come out, as peace had been restored. However, MZ said those who did come out of hiding were killed, and that on April 18th he saw some of the corpses. MZ told the court that he later fled to Nyarushishi where other Tutsi refugees had gathered. The hearing of the case continues with cross-examination of the witness. This case is before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY_0123e)
JANUARY 22nd 2001
ICTR/CYANGUGU VILLAGERS BURIED THOUSANDS OF VICTIMS, SAYS WITNESS Arusha, January 22nd, 2001 (FH) At least 4,500 refugees who had sought refuge in the Shangi Parish, south west Rwanda were killed during the 1994 genocide and villagers told to bury them in mass graves, a witness told the International Criminal Tribunal for Rwanda (ICTR), on Monday. The 15th prosecution witness LAK told the court that he saw the bodies during and after attacks against the Shangi Parish where Tutsis had fled. He was testifying in cross-examination during the hearing of the so-called Cyangugu trial. The trial groups former Transport Minister André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, and the ex-commander of Cyangugu military barracks Samuel Imanishimwe. They are jointly accused of genocide and crimes against humanity. Prosecutors say the three accused acted together to try to eliminate the Tutsi population, notably in the Cyangugu region. According to the prosecution, more than 100,000 Tutsis were slaughtered in Cyangugu in the space of 23 days. According to witness LAK attackers gathered at road-blocks where they killed some Tutsis. The attackers comprising Interahamwe [militia], gendarmes and civilians then "climbed towards Shangi Parish for the main attacks". There were attacks against the Parish on the 13th, 15th, 19th, 23rd and 30th of April, he added. LAK said the local people "were ordered [by the local leaders] to cover themselves with twigs to distinguish them from the Tutsis". The defence questioned how he survived all these attacks despite being a Tutsi, to which he replied that he was protected by a powerful Hutu neighbour "whose orders were not questioned". The defence maintained that there were many contradictions between LAK's written statement to the Tribunal investigators and his oral submissions in court. The hearing continues before Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY_0122e)
ICTR/CYANGUGU LEADERS DISTRIBUTED ARMS TO KILL TUTSI REFUGEES, SAYS WITNESS Arusha, January 18th, 2001 (FH) - Former Rwandan prefect Emmanuel Bagambiki and ex-military commander Samuel Imanishimwe distributed weapons used to massacre Tutsi refugees in Cyangugu, south west Rwanda, during the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Thursday. The 15th prosecution witness, dubbed "LAK" to protect his identity, told the court that the two leaders brought guns and "some bullets", as well as machetes, which were used to kill refugees in Shangi Parish and at the Bunyenga health centre. The two are being tried jointly with former Cyangugu Transport Minister André Ntagerura. All three are charged with genocide and crimes against humanity. They have pleaded not guilty. The witness said the weapons brought by Bagambiki and Imanishimwe were stored at the house of his Hutu neighbour. LAK told the court he knew this because he had sought refuge in that house following the announcement of the death of former president Juvénal Habyarimana in April 1994. Witness LAK said there were killings of Tutsis at road-blocks mounted soon after the announcement of the president’s death. At the behest of local leaders, numerous attacks were launched at the Shangi Parish, where Tutsi refugees had fled, he said. SW/JC/FH (CY%0118e)
JANUARY 17TH 2001
ICTR/CYANGUGU CYANGUGU TRIAL RESUMES AFTER JUDICIAL BREAK Arusha, January 17th, 2001 (FH) - The trial of three former Rwandan leaders accused of crimes in Cyangugu region of southwest Rwanda during the 1994 genocide resumed Wednesday, when the International Criminal Tribunal for Rwanda (ICTR) started activities after an end-of-year judicial break. The leaders are former Cyangugu prefect Emmanuel Bagambiki, former Transport Minister André Ntagerura and Samuel Imanishimwe, who was commander of Cyangugu military barracks. All three are accused of genocide and crimes against humanity. The prosecution says they conspired together to organize the extermination of Tutsis in Cyangugu. The hearing was adjourned on November 29th last year, after 13 prosecution witnesses had testified. The hearing resumed with the testimony of the 14th prosecution witness dubbed "LAN" to protect his identity. Witness LAN told the court that two of the suspects, Ntagerura and Bagambiki, made statements to incite the Hutus against the Tutsis during a meeting in Bushenge, Cyangugu, on February 7th, 1993. The witness said that during this meeting, the Interahamwe (militia) entertained the gathering with songs calling for the "crushing of the Inyenzi and Inkotanyi" (referring to the Tutsis). He added that the leaders, including Bagambiki and Ntagerura, "sang along and applauded" to this message. "Bagambiki from time to time threw in a slogan 'long live Habyarimana'," the witness told the court. LAN said that in his speech, Ntagerura spoke about the peace talks in Arusha "and gave the opinion that the Rwanda government was not in support". According to LAN, the former national chairman of the MRND Matthieu Ngirumptase, currently in detention in Arusha, and Interahamwe chief Yussuf Munyakazi, who is on the run, were among those present during the meeting in Bushenge. The case is being heard by Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The same Chamber is hearing the trial of former Bicumbi Mayor Laurent Semanza which will continue in March. SW/JC/FH (CY%0117e)
ICTR/ CYANGUGU CYANGUGU TRIAL ADJOURNED TO NEXT YEAR Arusha, November 29th, 2000 (FH) – The International Criminal Tribunal for Rwanda (ICTR) on Wednesday adjourned to January next year the trial of the three genocide suspects linked to crimes in the Cyangugu region of southwest Rwanda. Both parties asked the Chamber to postpone the testimony of the 14th prosecution witness, saying there would not be enough time for cross-examination before the year-end judicial recess. The so-called Cyangugu trial is being heard by Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. This Chamber is also hearing the case against former Rwandan Mayor Laurent Semanza accused of committing crimes during the 1994 genocide in the Bicumbi region, central Rwanda. The two cases are being heard alternately. The Cyangugu trial opened on September 18th. It groups former Transport Minister André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, and the ex-commander of Cyangugu military barracks Samuel Imanishimwe. They are jointly accused of genocide and crimes against humanity. Prosecutors say the three accused acted together to try to eliminate the Tutsi population, notably in the Cyangugu region. According to the prosecution, more than 100,000 Tutsis were slaughtered in Cyangugu in the space of 23 days. So far 13 prosecution witnesses have testified. The Trial against Semanza will resume on December 4th up to December 14th. The UN court will take a judicial recess from December 15th to mid January next year. Semanza, 56 a former mayor of Bicumbi, is charged with 14 counts of genocide and crimes against humanity related to massacres of Tutsis in the communes of Gikoro and Bicumbi (central Rwanda) in 1994. At the time of the genocide, Semanza was a nominated member of parliament of the MRND party, and was allegedly very influential. SW/JC/FH (CY%1129e)
ICTR/CYANGUGU BODIES WERE THROWN INTO MY PIT LATRINE, SAYS SURVIVOR Arusha, November 23rd, 2000 (FH) - A survivor of the 1994 Rwanda genocide told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that slain Tutsis were thrown into a pit latrine in his homestead during attacks in April that year. The twelfth prosecution witness, dubbed "LAD" to protect his identity, was continuing his testimony in the case against three genocide suspects accused of massacring Tutsis in the Cyangugu region of southwest Rwanda. They are former Cyangugu prefect Emmanuel Bagambiki, former Transport Minister André Ntagerura and Samuel Imanishimwe, who was commander of Cyangugu military barracks. The witness said that when the death of President Habyarimana was announced, attacks were launched against Tutsis and many, including himself, fled to the Shangi Parish in Cyangugu. "We told ourselves that if you seek refuge in God's place you will not be killed," LAD told the court. But, he continued, attacks were launched there on April 13th and 14th, 1994, by assailants who surrounded the Church. The witness said that another attack on the Shangi Parish left thousands dead, including his mother and sister. He said that afterwards the Parish was littered with corpses. "Among them, I could see the bodies of my mother and younger sister," LAD told the court. "There are not more than 70 survivors, even if the little children are included." The witness said that in 1995 during a reburial ceremony, the body of a teacher was among those removed from a pit latrine in his homestead. He said that three bodies were thrown into the pit latrine, while a fourth person, who was injured, managed to climb out. During cross-examination by defence, LAD said that the person who escaped death and came out of the latrine is still alive. The witness finished his testimony on Thursday. The prosecution presented a 13th witness dubbed "LGI", but the defence raised objection to his testimony on the grounds that it was “hearsay”. The court said it would deliver a decision on Monday when the case continues. This case is being heard by Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY%1123e)
NOVEMBER 2OTH, 2000
ICTR / CYANGUGU OFFICIALS GAVE ARMS TO ATTACK CHURCH, SAYS WITNESS Arusha, November 20th, 2000 (FH) – Former Rwandan prefect Emmanuel Bagambiki and former military leader Samuel Imanishimwe handed out arms in mid-April 1994 so that a church complex could be attacked, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday. The eleventh prosecution witness, dubbed “LAM” to protect his identity, was speaking as the trial resumed of three genocide suspects accused of massacring Tutsis in the Cyangugu region of southwest Rwanda. Bagambiki, who was prefect of Cyangugu, and Imanishimwe, who commanded the military barracks there, are being tried jointly with former Transport Minister André Ntagerura. LAM told the court that Bagambiki and Imanishimwe distributed arms to militiamen who used them to attack Tutsis taking refuge at the Nyamasheke Parish. "I can personally confirm that the prefect and the commander brought arms to Nyamasheke,” LAM told the court during cross-questioning by Bagambiki’s Canadian co-counsel Luc Boutin. “It is not something someone told me.” Boutin suggested to the witness that his client had never been in Nyamasheke in mid-April 1994, nor participated in any distribution of arms. The witness retorted that this was like saying no Tutsis had died on April 15th in Nyamasheke. LAM, who was a member of the extremist Hutu CDR party at the time of the genocide, has admitted taking part in the attack on Nyamasheke. He said that before the attack, there were rumours that Tutsi refugees were preparing to attack Hutus. According to LAM, Nyamasheke Parish was attacked three times in April 1994. The testimony of this witness began on November 2nd before Trial Chamber Three of the ICTR, composed of judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. However, LAM’s testimony was suspended after the Rwandan mayor Laurent Semanza. The two trials are alternating before the same court. Cross-questioning continued Monday afternoon. AT/JC/FH (CY%1120E )
ICTR/CYANGUGU WE KILLED THE "COCKROACHES" AND BURNED THEM WITH PETROL, SAYS WITNESS Arusha, November 2nd, 2000 (FH) - Former Rwandan military leader Samuel Imanishimwe angrily stripped a gendarme of his uniform for protecting Tutsi refugees in a church complex in 1994, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Thursday. The eleventh prosecution witness, dubbed "LAM" to protect his identity, told the court that he had participated in attacks against Tutsi in the Cyangugu region of southwest Rwanda after the death of former President Juvénal Habyarimana on April 6th, 1994. He said that killings started on the 10th, after authorities "told us that the Tutsi were inyenzi [literally cockroaches]" . Imanishimwe was military commander of Cyangugu barracks during the genocide. He is being tried jointly with former Cyangugu prefect Emmanuel Bagambiki and former Transport Minister André Ntagerura. The three are charged with genocide and crimes against humanity. Witness LAM said that authorities instructed assailants to cause chaos around the Nyamasheke Parish where Tutsis were taking refuge, to give the impression that the refugees were a security threat and provide an excuse to attack them. An attack on Nyamasheke Parish on April 13th left three members of the Interahamwe militia dead while one gendarme guarding the refugees was wounded, the witness said. He added that the Interahamwe were with the attackers. The witness said that after this attack, Cyangugu prefect Bagambiki, Imanishimwe and the Bishop of Nyamasheke Parish called a meeting. During the meeting, Imanishimwe expressed anger at the wounded gendarme because the three Interahamwe members had died. He stripped the gendarme of his uniform and then took him away, the witness told the court. The witness said that during another attack on the Parish on April 15th, thousands of Tutsi refugees were killed using machetes, grenades and clubs. He added that the attackers brought petrol and "burned the bodies that were heaped in the courtyard of the Parish". "Then," he continued, "we burned the people who were alive". The following day, LAM said, "we went to loot" at the Parish compound. He added that some more Interahamwe, led by militia leader Yussuff Munyakazi, sought out women and child survivors who had been hiding, and rounded them up. "Each young man could take a woman and leave with her," said LAM. "Grenades were thrown at those who were left in the court yard […] As for the little girls who refused to follow the Interahamwe, it was said they had displayed arrogance and should be killed more savagely. Therefore they were thrown alive into latrines." The trial is being heard by Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding),Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The prosecution says that more than 100,000 Tutsis were massacred in Cyangugu prefecture in the space of 23 days. SW/JC/FH (CY%1102e)
ICTR/CYANGUGU "MUMMIFIED" BODIES EXAMINED IN CYANGUGU IN MAY 2000, SAYS INVESTIGATOR Arusha October 31st, 2000 (FH) An investigator testifying in the trial of three former officials accused of genocide in the Cyangugu prefecture of southwestern Rwanda in 1994 told the International Criminal Tribunal on Rwanda (ICTR) how he examined 16 bodies of victims found in the region in May, 2000. Australian investigator Ralph Lake told the court on Tuesday that the bodies of victims found in Cyiambogo commune of Cyangugu were in a "somewhat mummified condition" and in various states of clothing. He was testifying as the tenth prosecution witness in the case where former Cyangugu prefect Emmanuel Bagambiki, former Transport Minister André Ntagerura and Samuel Imanishimwe, who was commander of the army barracks in the prefecture, are charged with genocide and crimes against humanity. Investigator Lake told the court that he was on his second mission in Cyangugu on May 11th this year, when he saw a group of about 100 people gathered around the front of a building in Cyete sector of Cyiambogo commune, in Cyangugu. "There was also a strong unpleasant smell, the source of which at that stage I did not know", he told the court in answer to questions from prosecutor Andra Mobberley of New Zealand. Lake explained how he saw 16 bodies in a room in the building, all lying on sheets of plastic on the ground. The investigator said that he examined each body, labelled the bodies alphabetically and took video and photographic recordings. He added that he also removed samples of clothing from the bodies which he labelled accordingly. He said he spoke to numerous people at the scene and then to several people later, individually in relation to potential identification of the bodies. Some of the people took certain pieces of clothing and signed documents to say what they had taken, he told the court. They also made and signed statements with the assistance of translators, Lake said. Earlier a prosecution witness told the court that he was able to identify a victim from the clothes he was wearing when the victim's body was discovered sometime this year. The prosecution submitted video tapes, photographs and some of the preserved pieces of clothing, produced in court as exhibits. The Chamber is to view the video tapes as the case continues on Wednesday despite objections by the prosecution. Prosecution had strongly objected to the viewing of all the tapes which would take three hours, and that the defence had had ample time to view them earlier. But defence counsel Georges So'o of Benin maintained that the Chamber should view the tapes because he would not accept an exhibit that had not been viewed in court . The case is being heard by Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. SW/JC/FH (CY%3110f)
ICTR/CYANGUGU VICTIMS WERE DOUSED WITH PETROL AND SET ALIGHT, WITNESS CLAIMS Arusha, October 30th, 2000 (FH) - Tutsi refugees were doused with petrol and set alight during an attack in Cyangugu, southwest Rwanda, in 1994, a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday, as the so-called Cyangugu trial continued against three genocide suspects. The ninth witness, dubbed "LAY" to protect his identity, told the court that Tutsis taking refuge at the Nyamasheke Parish in Cyangugu were sprayed with petrol and set alight during one of the attacks in mid-April 1994 that left thousands dead. He was speaking during cross-examination in the trial of former Cyangugu prefect Emmanuel Bagambiki, Cyangugu military leader Samuel Imanishimwe and former Rwandan Transport Minister André Ntagerura. The prosecution says the three suspects conspired together to organise the extermination of Tutsis in Cyangugu during the 1994 genocide. Witness LAY said he saw the victims burning, including his baby daughter born at the Nyamasheke Parish, where his family went to escape persecution. He said she burned to death with his wife days after they arrived at the Parish. However, Ntagerura's Canadian lawyer Henry Benoit said that the witness was making that statement to make the scenario "sound more bleak" and to implicate the authorities. He said there were contradictions between LAY's written statement to ICTR investigators and what the witness was telling the court. But witness LAY said that vehicles were used to bring petrol to the Nyamasheke Parish, including one from the commune office. He said the attackers put it on strips of fabric and mattress foam to torch the buildings and the refugees. The defence maintained that the witness had not included these details in his written statement and said that this was questionable. Defence counsel for Imanishimwe Georges So'o maintained that the witness, who had lost all his family and property in the genocide, might not be objective in his testimony. The suspects are appearing before Trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. Cross-questioning of the witness is expected to continue on Tuesday. SW/JC/FH (CY%3010e)
ICTR/CYANGUGU RWANDA TRIBUNAL PRISONERS IN COURT, DESPITE "STRIKE" THREAT Arusha, October 26th, 2000 (FH) - All three detainees in the so-called Cyangugu trial appeared in court Thursday morning, despite a previous announcement that they were joining a boycott by 22 prisoners of the International Criminal Tribunal for Rwanda (ICTR). Former prefect of Cyangugu (southwest Rwanda) Emmanuel Bagambiki, former Transport Minister André Ntagerura and former Cyangugu military leader Samuel Imanishimwe were all present as the defence continued cross-questioning a prosecution witness. In a letter dated October 24th but released Wednesday, 22 Rwandan genocide suspects held by the ICTR had said they would observe a two-day "strike" in solidarity with Jean-Bosco Barayagwiza, a former politician and founder of hate-radio RTLM. Barayagwiza says he is boycotting his trial, which started Monday, because it will not be fair. He claims that the Tribunal is manipulated by the current Kigali government. JC/FH (CY%1026e)
OCTOBER 24th 2000
ICTR/CYANGUGU LEADERS GAVE ME MONEY AND GRENADES TO KILL TUTSIS, SAYS WITNESS Arusha, October 24th, 2000 (FH) - Former Rwandan prefect and genocide suspect Emmanuel Bagambiki offered a retired soldier 300,000 Rwandan francs as an incentive to kill Tutsis, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday. Bagambiki was prefect of Cyangugu region in southwest Rwanda during the 1994 genocide. Witness "LAJ", said Bagambiki gave him 50,000 Rwandan francs as an advance, after a meeting at the Kamembe area in Cyangugu. The witness added that another accused person, former Cyangugu military leader Samuel Imanishimwe, was also present when the money was handed over. Bagambiki and Imanishimwe are on trial with former Transport Minister André Ntagerura in the so-called Cyangugu trial which started on September 18th. Witness LAJ was testifying for the second day after the trial resumed on Monday. All three are accused of genocide and crimes against humanity. The prosecution says they conspired together to organize the extermination of Tutsis in Cyangugu. LAJ, a retired soldier whom the authorities called to help with "civil defense", told the court that at the same meeting, Imanishimwe had given him grenades to use in attacks against Tutsis. "Bagambiki had money in his hands to boost my morale," the witness said. He said the prefect offered him 300,000 Rwandan francs but he replied that he needed more. Bagambiki, he continued, refused to increase the sum, saying that if they did not do what they were asked, the Tutsis would kill them. The witness also told the court that former Transport Minister Ntagerura addressed two meetings which he attended, on January 28th March 18th, 1994. Ntagerura's Canadian defense counsel Henry Benoit then cross-examined the witness, pointing out inconsistencies between the witness's written and oral testimonies. For example, he said LAJ had written that he was unable to leave his house from January to April, 1994, because of paralysis. However, the witness said he had only written that his movement was limited. The case is being heard by Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The judges also responded to various issues raised by the defense. They rejected a motion calling for all defense counsels to be able to cross-examine witnesses. On Benoit's concern that he should be quickly assigned a co-counsel, the Chamber urged him to contact the ICTR Registry. Former lead counsel Fakhy Konate of Côte d'Ivoire announced at the start of trial that he was withdrawing at the request of Ntagerura, leaving Benoit to step into his shoes. The court also said that the dismissal of a defense assistant to Bagambiki's counsel was a matter for the Registry, and it did not wish to interfere. On Monday, Bagambiki's Belgian defense lawyer Vincent Lurquin had urged the judges to help him reinstate his defense assistant. The prosecution had earlier asked the court to disqualify the assistant because he had served as a legal intern (trainee) in ICTR prosecution. The court dismissed the prosecution motion but said it was up to the Registry to deal with assignment of counsel. The assistant was subsequently dismissed by the Registry. SW/JC/FH (CY%2410e)
ICTR/CYANGUGU WITNESS SAYS CYANGUGU MILITARY BOSS SHOT SOLDIER AS AN EXAMPLE Arusha, October 23rd, 2000 (FH) - The trial of three genocide suspects linked to crimes in the Cyangugu region of southwest Rwanda resumed Monday as a sixth prosecution witness began testifying, the independent news agency Hirondelle reports. Witness LAJ, a retired military man, said he was called by the Cyangugu authorities to help with public defence after the downing of former Rwandan president Juvénal Habyarimana's plane on April 6th, 1994. He said he saw one of the accused, former Cyangugu military leader Samuel Imanishimwe, personally shoot an army officer in the head, as an example of how "accomplices", whether Hutu or Tutsi, should be dealt with. Accomplices were generally understood to mean those sympathetic to the Tutsi-led Rwandan Patriotic Front (RPF) which attacked Rwanda from Uganda in 1990. The witness told the court that Cyangugu local authorities called all men over 15 to roadblocks and night patrols to ensure security after April 7th. At first, he said, there was no violence. On April 10th, he received a message that he should go and see regional militia leader Yussuf Munyakazi. Imanishimwe, the head of Cyangugu barracks, also came to see Munyakazi when the witness was there. Witness LAJ said Munyakazi and Imanishimwe held a discussion. He said they then took him to where a soldier described as an accomplice was being held. The soldier was stripped naked and made to remove even his boots. "He [Imanishimwe] told him to stand to attention," LAJ told the court, "and then shot three bullets into his head." Imanishimwe is being tried jointly with former prefect of Cyangugu Emmanuel Bagambiki and former Transport Minister André Ntagerura. The three are charged with genocide and crimes against humanity. The prosecution says that more than 100,000 Tutsis were massacred in Cyangugu prefecture in the space of 23 days. Ntagerura, Bagambiki and Imanishimwe are accused of planning, inciting, ordering and facilitating these massacres. They are also charged in connection with the acts of their subordinates. All three accused have pleaded not-guilty. The trial opened on September 18th this year. Witnesses for the prosecution have described massacres of Tutsis at various different sites in Cyangugu, notably the Gashirabwoba football field and the church of Mibilizi. Defence difficulties : As the court hearing opened, Bagambiki's Belgian defence lawyer Vincent Lurquin urged the judges to help him reinstate his defence assistant. The prosecution had earlier asked the court to disqualify the assistant because he had served as a legal intern (trainee) in ICTR prosecution. The court dismissed the prosecution motion but said it was up to the Registry to deal with assignment of counsel. The assistant was subsequently dismissed by the Registry. The judges on Monday said they would discuss the issue amongst themselves and deliver a decision later. This trial is being heard by trial Chamber Three of the ICTR, composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. Ntagerura's Candian defence lawyer Henry Benoît also asked the court to intervene in order for the Registry to assign him a co-counsel. Former lead counsel Fakhy Konate of Côte d'Ivoire announced at the start of trial that he was withdrawing at the request of his client. SW/JC/FH (CY%1023e)
ICTR / CYANGUGU CYANGUGU TRIAL SUSPENDED TO OCTOBER 23rd Arusha, October 13th, 2000 (FH) – The trial of three suspects accused of genocide in the southwest Rwandan region of Cyangugu has been suspended until October 23rd, sources at the International Criminal Tribunal for Rwanda (ICTR) said Friday. The Trial Chamber judging former Cyangugu prefect Emmanuel Bagambiki, former Transport Minister André Ntagerura and former Cyangugu military leader Samuel Imanishimwe is set to start another trial on Monday 16th: that of Laurent Semanza, who was mayor of Bicumbi (Kigali rural prefecture, central Rwanda). As Semanza’s trial opens, the court is due to hear an amicus curiae (friend of the court) representation from the government of Belgium. The so-called Cyangugu trial started on September 18th. On Friday, the court heard the sixth witness for the prosecution. Prosecutors say the three accused acted together to try to eliminate the Tutsi population, notably in the Cyangugu region. According to the prosecution, more than 100,000 Tutsis were slaughtered in Cyangugu in the space of 23 days. Witnesses for the prosecution have described massacres of Tutsis at various different sites in Cyangugu, notably the Gashirabwoba football field and the church of Mibilizi. On October 23rd, the ICTR is also due to start the trial of three genocide suspects linked to hate-media which incited massacres of Tutsis during the genocide. They are Ferdinand Nahimana, who was director of the radio station Radio Télévision Libre des Mille Collines (RTLM), Hassan Ngeze, who was editor of Kangura newspaper, and Jean-Bosco Barayagwiza, a former politician and founder member of RTLM. Italo-Belgian former RTLM presenter Georges Ruggiu was originally expected to be part of the media trial. However, he pleaded guilty earlier this year to crimes against humanity and inciting genocide. He was sentenced to 12 years’ imprisonment on June 1st and is expected to testify against the other accused. AT/JC/FH (CY%1013E )
ICTR/CYANGUGU AUTHORITIES MISLED US TO OUR SLAUGHTER, WITNESS TELLS TRIBUNAL Arusha, October 9th, 2000 (FH) – Former Rwandan mayor Emmanuel Bagambiki promised protection for Tutsi refugees prior to their slaughter in a football field, a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday. The witness was appearing as the ICTR resumed its trial of three suspects accused of committing genocide in the Cyangugu region of southwest Rwanda in 1994. They are Bagambiki, who was prefect of Cyangugu, Andre Ntagerura, former Minister of Transport in the interim government that presided over the genocide, and Samuel Imanishimwe, who was commander of the Cyangugu military barracks. The third prosecution witness, dubbed LAC to protect his identity, said he was a survivor of the April 12th, 1994 massacre at Gashirabwoba football field in Gisuma commune, Cyangugu prefecture. He told the court that on the morning of April 12th, Bagambiki and the director of the Shagasha tea factory had addressed the three thousand refugees gathered in the field and that “Bagambiki said soldiers would be sent to guard us”. Witness LAC said the former prefect and factory director then left, but that the refugees stayed, hoping the soldiers would come to protect them. They were subsequently massacred. On the day of the attack, LAC said soldiers approached the refugees. There were some in a small bus and reserve soldiers who used to guard the tea factory, all armed with guns, the witness added. "They asked who wants peace," he told the court, and "when we raised our hands saying we want peace, they threw grenades at us then shot at us”. The witness said that the day before, on April 11th, three pickups of soldiers had come to the field with Bagambiki and Imanishimwe. They were looking for two traders and left with one of them, named Simugomwa. The witness said that a year later, he and other survivors retrieved the remains of Simugomwa , who was killed, and reburied him. "I was able to recognise the clothes he was wearing when he was taken away," he said. However, on cross-examination by Ntagerura’s Canadian defence lawyer Henry Benoit, the witness said he was not present during the exhumation of the deceased. Benoit also pointed out contradictions between LAC’s written testimony and his testimony before the court. The witness claimed these were due to transcription errors by the prosecution investigator who had taken his statement. Asked to identify the three accused, LAC was able to do so for Bagambiki and Ntagerura. However, he was unable to identify Imanishimwe, saying he had only seen him once. Ntagerura, Bagambiki et Imanishimwe are accused of genocide, complicity in genocide, conspiracy to commit genocide, crimes against humanity and serious violations of the Geneva Conventions on war crimes. They are appearing before Trial Chamber Three of the ICTR composed of Judges Lloyd Williams of Jamaica (presiding), Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia. The trial opened on September 18th this year, but was suspended days later on 21st, after the testimonies of two prosecution investigators. The cross-examination is due to continue Tuesday morning. SW/JC/FH (CY%1009e)
ICTR/ CYANGUGU CYANGUGU TRIAL ADJOURNED TO OCTOBER 9th Arusha, September 21st, 2000 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Wednesday adjourned to October 9th the trial of the three genocide suspects linked to crimes in the Cyangugu region of southwest Rwanda. This trial groups former Transport Minister André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, and the ex-commander of Cyangugu military barracks Samuel Imanishimwe. They are jointly accused of genocide and crimes against humanity. On Wednesday, the ICTR heard the first two witnesses in the trial, which opened on Monday September 18th. The expert witnesses were both investigators for the prosecution. They showed photographs, maps, videocassettes and drawings of massacre sites in the prefecture of Cyangugu. These sites included Cyangugu cathedral, the parishes of Nyamasheke, Mibilizi and Hanika, and the Kamarampaka stadium. Speaking at the start of the trial on Monday, prosecutors said the three accused had acted together in the same criminal enterprise, namely trying to eliminate the Tutsi population from Rwanda, and especially Cyangugu. The prosecution says that more than 100,000 Tutsis were massacred in Cyangugu prefecture in the space of 23 days. Ntagerura, Bagambiki and Imanishimwe are accused of planning, inciting, ordering and facilitating these massacres. They are also charged in connection with the acts of their subordinates. All three accused have pleaded not-guilty. AT/JC/FH (CY%0920e)
ICTR/BAGOSORA/CYANGUGU GROUP RWANDA TRIBUNAL HEARS MORE MOTIONS FOR AMENDMENT AND JOINDER Arusha, August 11th '99 (FH) - Prosecutors on Wednesday asked the International Criminal Tribunal for Rwanda (ICTR) for leave to add more charges to the indictment of top genocide suspect Théoneste Bagosora. Bagosora was advisor (chef de cabinet) to the Rwandan defence ministry, and is seen as one of the main architects of the 1994 genocide that left up to one million ethnic Tutsis and moderate Hutus dead. The prosecution wants to try him with three senior commanders in the former Rwandan army: Anatole Nsengiyumva, Aloys Ntabakuze and Gratien Kabiligi. Bagosora is already charged with genocide, crimes against humanity and violations of the Geneva Conventions on war crimes. The proposed new charges include conspiracy to commit genocide and complicity in genocide, plus new crimes against humanity charges of rape and persecution. Tanzanian judge William Sekule, presiding over Trial Chamber Two, said the court would deliver its decision on Thursday afternoon. Similar requests to amend the indictments against Nsengiyumva, Ntabakuze and Kabiligi are due to be heard later on Wednesday. If leave is granted, the prosecution will then seek leave to have the four tried jointly. Judges deliberating joinder of Cyangugu group Also on Wednesday, prosecutors asked leave to join four other accused, known as the Cyangugu group, in a single trial. They are former Minister for Transport and Communications André Ntagerura, former prefect of Cyangugu Emmanuel Bagambiki, former military commander Samuel Imanishimwe and former militia leader Yussuf Munyakazi, who is still on the run. The crimes of which they are accused were all committed in the Cyangugu area of southwest Rwanda. Prosecutors argued that a joint trial would save the ICTR both time and money, especially as witnesses could be brought all together for the three accused. They told the court that as judicial proceedings were at the same stage for all three, joinder would not pose procedural problems. Defence lawyers for Ntagerura, Bagambiki and Imanishimwe argued, however, that joinder would be against the interests of justice, as their clients would have to answer to charges relating to four people. "We don't want someone to be tried for acts which he has not committed and against which he cannot therefore defend himself," Bagambiki's Belgian defence counsel told the court. Defence lawyers said a joint trial would also go against their clients' right to trial within a reasonable time period, as Munyakazi has not yet been arrested. They said their clients had already spent a considerable time in detention, especially Ntagerura who was arrested more than three years ago. Jamaican judge Lloyd Williams, presiding over Trial Chamber Three, said the court would deliberate on the joinder request and deliver its decision at an unspecified later date. JC/FH (BG§0811e)
ICTR/BAGAMBIKI AFTER HUNGER STRIKE, ANOTHER U.N. PRISONER PROTESTS DENIAL OF HIS RIGHT TO CHOOSE LAWYER Arusha, November 5, 1998 (FH) - Less than a week after United Nations prisoners staged a hunger strike protesting the denial of their choice of defence, a detainee charged with genocide refused to plead at his initial appearance before the court on the grounds that he has not been given the lawyer that he wants. Emmanuel Bagambiki, a former Rwandan government official arrested last June in Togo, refused to plead guilty or not guilty to charges that he helped massacre ethnic Tutsis in Rwanda in 1994. "I wish to indicate immediately that I do not have the lawyer of my choice," Bagambiki told judges of the International Criminal Tribunal for Rwanda (ICTR). "I do not dare plead in the absence of my counsel." The United Nations court told Bagambiki in September that the court would not appoint his chosen lawyer, Guy Poupart, to the case because Poupart is a Canadian. Bagambiki was represented today by a Belgian lawyer, Jacques Fierens, assigned to him by Court administrators (registry). The Belgian lawyer said he did not want to defend Bagambiki against his will. Bagambiki was one of twenty-five prisoners accused of genocide who staged a three-day hunger strike last week protesting the court's recent ban on the new assignment of French and Canadian lawyers to the accused. Tribunal spokesman Kingsely Moghalu said the ban was temporary, and was a policy meant to ensure the "wide representation of all nationalities" at the court. Officials said that the preference of the French-speaking Rwandans for French or bilingual Canadian lawyers was not reason enough to pack the U.N. court with one nationality. Court press releases say that nine out of thirty-eight defence lawyers are Canadian. The twenty-five detainees stage their hunger strike in solidarity with Jean Paul Akayesu, a Rwandan convicted of genocide, who refused to eat for nine days after being told that the lawyer of his choice, the Canadian John Philpot, could not be appointed because of the lawyer's nationality. Bagambiki had refused the counsel that the court appointed to defend him against six counts of genocide, crimes against humanity and violations of the Geneva Conventions. "I wrote to the registry that I do not have trust in him [...] therefore he is not my counsel," Bagambiki said. He stands accused jointly with military commander Samuel Imanishimwe and another unnamed accused for murdering Tutsis and Hutu opposition leaders in Cyangugu district in Rwanda. Judges adjourned the trial until the court administrators resolve the dispute over who will defend him. FS/FB/FH (BM&1105E)