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Information, Documentation and Training Agency, Arusha (Tanzania): International Criminal Tribunal for Rwanda (ICTR)
ICTR - Laurent Semanza, former major of Bicumbi
JUNE 12th, 2003
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ICTR/SEMANZA
THE MAYOR IN RWANDA, "THE PRESIDENT'S MAN IN THE HILLS"
by Ephrem Rugiririza
Arusha, June 12th, 2003 (FH) - Jean-Paul Akayesu was the first one. The former mayor of Taba (Gitarama province) was sentenced to life imprisonment by the International Criminal Tribunal for Rwanda (ICTR) on June 1, 2001. He is also the first person to have been found guilty of rape by an international jurisdiction and is currently serving his term in Mali.
Then there was Ignace Bagilishema, the former mayor of Mabanza (Kibuye, western Rwanda). He was acquitted by the ICTR on July 3, 2002.
On May 15, 2003, the ICTR sentenced "the great mayor" of Bicumbi, (so-called by the French sociologist André Guichaoua) Laurent Semanza to 25 years of prison.
There are seven other former mayors in custody at the UN detention facilities in the northern Tanzanian town of Arusha ,and many more are in custody or sought by authorities in Rwanda.
In 1994, there were over 150 mayors in Rwanda, and together with some members of the interim government, the armed forces and the media, some of them played a crucial role in the 1994 genocide. To the prosecutor, who wants to prove that there was a standing plan to massacre Tutsis and Hutu members of the opposition, the mayor embodies the responsibility of the local administration in the genocide.
The September 1974 decree
The mayor's powers started increasing considerably with the ascension to power of Juvenal Habyarimana on July 5, 1973. A September 26, 1974 decree set out the mayor's (Bourgmestre) duties. It described him as "a representative of the central government and at the same time the personification of communal authority".
The mayor was appointed by the president on the recommendation of the minister of interior. He was "in charge of the economic, social and cultural development, as well as seeing that all laws and regulations are followed" in his commune. The mayor is also empowered with "the right to police and enforce the law when there is urgent need for it. He has the power to incarcerate for not more than one week and to levy fines not exceeding 200 francs".
He also had the power to "imprison someone causing a breach of peace for not longer than 48 hours". He also hired and fired communal policemen under his command, sat on land disputes and executed judgements passed by the courts. In brief, the bourgmestre, like his counterparts all over the world, enjoyed a lot of administrative and police powers.
The "eye of the Movement"
The birth in 1975 of the National Revolutionary Movement for Development (MRND) gave additional powers to the mayor.
Modelled along the lines of neighbouring field marshal Mobutu Sese Seko's Popular Revolutionary Movement (MPR), in Zaire, Habyarimana's young MRND incorporated the whole population. "All Rwandans, whatever their ages or status is a member of the party", pointed out the joint report of the International federation of human rights (FIDH) and Human rights watch (HRW) entitled "Leave none to tell the story".
No political activities were permitted outside the existing MRND structures which were sometimes hard to differentiate with those of the administration. According to its charter, "it was a single boat that would sail them to the shores of development". The mayor was automatically the chairman of the Movement in the commune.
It is through that arrangement that the mayor was able to play a major role in deeply implanting the movement. Special dance troupes were hand picked by the mayor for their ability to perform songs and dances in praise of the party and its leader.
It was also the mayor who was in charge of the weekly planning and implementation of Umuganda (compulsory community work) at the end of each he would hold a meeting and heap praises on the "beloved president".
Another slogan of those days described the mayor as being the chief "eye of the Movement" in his commune. FIDH notes that it was the duty of the mayor "to inform the intelligence services of the presence of any suspicious person in his commune".
Being far from his superior authority (the prefect), the mayor abused the powers vested unto him, aided in great part by a large illiterate population more concerned with farming their land. The mayors therefore reigned unchallenged in their communes, and sometimes turned into local despots.
Some of the mayors enjoyed more powers and privileges because of their closeness to the president's inner circle.
"The most powerful authority on the local scene, the bourgmestre was, in all evidence, the president's man in the hills", wrote FIDH.
RPF's offensive
The Rwandese Patriotic Front (RPF, former Tutsi-dominated rebel army) launched its attack from neighbouring Uganda on October 1, 1990. The state of siege that followed this attack endowed the mayors with new additional powers.
In order to move from one prefecture to another, one had to be in possession of a safe-conduit (laisser-passer) personally signed by the mayor. The introduction of this document was meant to limit movement of people suspected of collaborating with the enemy. With the introduction of multi-party politics in 1991, some mayors refused to grant the documents to members of the opposition, thereby confining them to their communes.
"The curfew and the introduction of travel documents greatly hindered opposition parties," French sociologist André Guichaoua wrote in Les crises politiques au Burundi et au Rwanda (1993-1994). "Yet MRND propagandists, possessing permanent travel permits could move about day and night across the country". He continued that "Provincial and municipal authorities, most of whom had remained loyal to the regime attempted to sabotage activities by opposition parties".
The mayors and the massacres
According to Rwandan and international human rights organisations like Kanyarwanda and Human rights watch, some mayors went as far as physically eliminating Tutsis and members of the Hutu opposition who were considered as being members of RPF's fifth column.
In early 1991, following RPF's invasion, Bagogwes (related to Tutsis) were massacred in Ruhengeri (northern Rwanda), especially in Mukingo commune.
Rwandan human rights organisations then pointed a finger at the mayor of Mukingo, Juvenal Kajelijeli, currently on trial for genocide at the ICTR.
In November of the same year, Tutsi families were attacked in Murambi commune (Byumba, North-east). According to Guichoua, these attacks were inspired by the mayor of that commune, Jean-Baptiste Gatete, who was arrested by the ICTR in September 2002. "Gatete, leader of the MRND in his commune ... was immune from prosecution", said the author, adding that "the phenomenon of impunity would later lead to violence on a much larger scale".
In March 1992, Tutsis were massacred in Bugesera region (Kigali rural) The Liberal Party (PL) which had a wide following in the region, blamed the violence on Fidele Rwambuka, the mayor of Kanzenze, one of the three communes in the region. It is in that atmosphere of violence that the first government led by a prime minister from the opposition, Dismas Nsengiyaremye of the Democratic and Republican Movement (MDR), was sworn in in April 1992.
Commissions of inquiries
The new government, in its attempt to show political neutrality in the multi-party era, set a up a "National commission for the assessment of civil servants", with a special emphasis put on the conduct of mayors.
The commission found that "Kajelijeli took advantage of the war to eliminate many members of the group" (Bagogwe) and recommended that he be replaced. As for Gatete, the commission suggested that he be suspended while deeper investigations were carried out "on the disappearance of people in his commune".
An international commission was set up in 1993, composed of Africa Watch, FIDH and International centre for human rights and democratic development. They also recommended the removal of both mayors together with other civil servants suspected of having played a role in the massacres of Tutsis and members of the Hutu opposition.
French ethnologist, Pierre Erny, in his book "Rwanda, 1994", specifies that when the war broke out in October 1990, communal officials drew up lists of people to kill. "It is those files and lists that were meticulously made up that were used during the massacres" of 1994, he wrote.
Sacked but still powerful
Some of the leaders, including Kajelijeli and Gatete, were effectively sacked in 1993 by Nsengiyaremye's government.
The prosecutor at the ICTR maintains that despite having been fired from the jobs, the two men continued wielding much power in their communes. According to the Prosecutor, even though Gatete was removed from office in 1993, he still had "de-facto control of the communal policemen, gendarmes and militia in both Byumba and Kibungo prefectures".
He is credited with having recruited, trained and armed Interahamwe militia. Under his orders, they massacred thousands Tutsi civilians. It is also said that he ordered local authorities to join him in the hunt for Tutsis.
As for Kajelijeli, his indictment indicates that because of his close links to the secretary general of the Interahamwe, Joseph Nzirorera, he "de-facto wielded the powers of bourgmestre in Mukingo", even after he was relieved from his post.
In the case of Semanza who was no longer a mayor in 1994, his judgement reads that a woman was raped and another one killed on April 13, 1994. The killers were heading a call made by the former mayor to a crowd. This gives reason to the prosecutor's argument that Semanza remained a very influential person in Bicumbi commune.
The fate of other mayors
Kajelijeli's judgement will be read before the end of the year, while the trials of other mayors are on the way. The Butare (southern Rwanda) group, for instance, includes two mayors, Joseph Kanyabashi (Ngoma) and Elie Ndayambaje (Muganza).
Others held by the ICTR, apart from Gatete, are yet to make their initial appearances. They are Jean Mpambara, the former mayor of Rukara (Kibungo, eastern Rwanda), Sylvestre Gacumbitsi, (Rusumo, Kibungo) and Paul Bisengimana (Gikoro, Kigali rural).
Today in Rwanda, the former communes where the mayor was all too powerful are no longer. They have given way to "districts" administered by a sort of local government that the mayor coordinates.
In the new administrative reforms, all decisions are made by a team of communal leaders elected by an electoral college. In doing so, the new
regime hopes to have definitely put an end to an era when the mayor (bourgmestre) was the Alfa and the Omega.
KN/ER/CE/FH (KJ'0610e)
MAY 21st, 2003
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RWANDA/SEMANZA
A CONVICTED EX-MAYOR, DISSATISFIED SURVIVORS
Bicumbi, May 21st, 2003 (FH) - Genocide convict and ex-mayor of Bicumbi, Laurent Semanza was by all standards a hard working man. During his 20-year
tenure, he invested a lot of efforts in turning his commune into one of the most productive in Rwanda.
Judges of the International Criminal Tribunal for Rwanda (ICTR) ruled that Semanza had also invested similar energy and time in aiding the perpetrators of the genocide in Bicumbi and nearby Gikoro commune. Semanza, 60, was on May 15th, 2003, sentenced to 25 years in jail. Six months were reduced from
the sentence to compensate irregularities in his pre-trial detention. The seven years he has spent in jail awaiting his judgement will also be deducted from the sentence.
Semanza was unanimously found guilty by Trial Chamber Three of the ICTR on five counts out of the 14 he was initially charged with: complicity to commit genocide and crimes against humanity (rape, torture, murder, extermination). He was unanimously found not guilty on separate charges that included genocide, direct and public incitement to commit genocide, crimes against humanity (murder, persecution and rape).
Judges ruled that even though the accused never personally took part in the attacks, in Musha, Ruhanga and Mwulire hills, he aided those who committed
the massacres. However, the chamber also found that in early April, 1994, Semanza went to Musha church and cut one, Rusanganwa, on the forehead. The victim later died of the injuries.
Communal authorities estimate that about 30,000 people, mainly composed of ethnic Tutsis were killed in Bicumbi during the 1994 genocide. This accounts for almost half of the population of the commune at the time.
“I will never understand such punishment”
All genocide survivors in Bicumbi interviewed by Hirondelle shortly after the judgement was pronounced accused the ICTR of giving Semanza a very light sentence compared to his crimes.
“Many people are now orphans or widows because of Semanza”, an angry woman who preferred anonymity told Hirondelle a few metres from Semanza’s former residence. “He deserves nothing less than death”, she added.
“He was one of the leaders of the killings here. I think 25 years is a punishment for someone who has confessed and asked for forgiveness”, said a
construction worker and official in the local genocide survivor’s association. He added that “even then, this shouldn’t be a leader like him (Semanza)”. “Since the ICTR has no death penalty”, he went on to say, “the least they would have done would be to sentence him to life imprisonment”.
A woman who had been attending a semi-traditional genocide hearing at Gahengeri sector office in Bicumbi dismissed the judgement as “an insult to
victims of Bicumbi”. “As you see me here, I’m alone”, she said with tears rolling from her eyes, “He killed my husband and my seven kids. As long as I
live, I will never understand such punishment”. She said that her family had been killed by militias led by a communal official sent by Semanza.
The other side
In interviews held by Hirondelle in various parts of Bicumbi a day before Semanza’s judgement, opinion about his trial was divided. Even with his conviction, some residents of Bicumbi insist that Semanza is an innocent man wrongly convicted.
“We thought he had won the case”, said a visibly shocked Sebushumba after he learnt of the judgement and sentence from a Hirondelle reporter. “We didn’t
know they were going to jail him for something he didn’t do. We thought he was going to be released to return home”, the man in his mid-sixties added.
Sebushumba acknowledged that there had been killings in Bicumbi but added that it was a “disaster that unknowingly befell people”. Asked about who had
carried out the killings in Bicumbi, Sebushumba who said he was born and raised in Bicumbi responded that “it was a leader”. “But”, he continued, “I don’t know who it is”.
“I think he has been given an unfair punishment”, said a farmer on condition of anonymity. “I don’t know him committing any crime. He was no longer burgomaster”, he added.
At the time of the genocide, Semanza had just been removed form his position. He had been appointed by the then ruling party as one of its members in the transitional national assembly.
Like the genocide survivors, the prosecutor of the ICTR thinks that Semanza was given less punishment than he deserved. She has appealed the judgement.
On the other hand, Semanza has also appealed the judgement and sentence. Survivors of the genocide and supporters of Semanza will have to wait for
yet another a year, at least before they can know the future of their former leader.
GG/CE/FH(SE’0521e)
MAY 15TH,2003
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ICTR/SEMANZA
SEMANZA SENTENCED TO 25 YEARS
Arusha, May 15TH, 2003 (FH) - The former mayor of Bicumbi in Kigali rural province; Laurent Semanza, was on Thursday sentenced to 25 years in prison by the International Criminal Tribunal for Rwanda (ICTR).
Semanza, 59, was unanimously found guilty by Trial Chamber Three on five counts out of the 14 he was initially charged with: complicity to commit genocide and crimes against humanity (rape, torture, murder, extermination). Chamber three in this case was presided over by Judge Yakov Ostrovsky from
Russia.
The twenty five years are divided into both consecutive and concurrent jail terms. He was sentenced to 15 years each on two counts that will be served concurrently. On the other counts, the tribunal handed down 7 years (rape) 10 years on two counts (torture and murder). The two maximum sentences (10
and 15 years) will be served consecutively (one after the other).
The appeals chamber had earlier requested that the tribunal reduce Semanza’s sentence in case he was found guilty because of some previous violations of his rights when arrested and detained before being transferred to Arusha. The chamber ruled that six months would be deducted form the final sentence;
therefore Semanza will serve 24 and a half years.
Semanza was unanimously found not guilty on separate charges that included genocide, direct and public incitement to commit genocide, crimes against humanity (murder, persecution and rape).
A majority decision was also reached by the chamber in another separate indictment of crimes against humanity (extermination) and war crimes. One judge dissented on each count.
The judges concluded that Semanza played a key role in massacres in Bicumbi and Gikoro during the 1994 genocide. They singled out four locations as where he was most active: Ruhanga and Musha churches, Mabare mosques and Mwulire sector.
It was the consideration of the judges that even though the accused never personally took part in the attacks, in Musha, Ruhanga and Mwulire hills, he aided those who committed the massacres.
However, the chamber found that in early April, 1994, Semanza went to Musha church and cut one, Rusanganwa, on the forehead. The victim later died of the injuries.
The chamber also found that the accused incited people to rape Tutsi women in Gikoro. A speech he made on April 13 culminated in the rape of one woman and the death of another.
In rendering its verdict, the chamber found that the high number of deaths in Musha church constituted “aggravating circumstances” against the accused in view of the influence he exerted in his community.
Mitigating circumstances in the trial were the development projects the accused had initiated while he was the "bourgmestre" of Bicumbi.
The trial began on October 16, 2000 and has been in deliberation since June19, 2002. Both the prosecution and defence teams called 27 witnesses each in the trial. It lasted one and a half years.
Semanza is defended by Charles Takou from Cameroon and the USA, who is assisted by Chile Eboe-Osuji, a Nigerian Canadian. The accused had pleaded not guilty. He was arrested in Cameroon in 1996 and transferred the next year to UN detention facility in Arusha.
Judge Ostrovsky was assisted in chamber three by George Lloyd Williams of Saint-Kitts and Nevis and Pavel Dolenc of Slovenia.
KN/GA/CE/FH (SE'0515e)
MAY 14TH,2003
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ICTR/SEMANZA
SEMANZA RULING FIXED FOR MAY 15
Arusha, May 14th, 2003 (FH) - The International Criminal Tribunal for Rwanda
(ICTR) will on May 15 pass judgement in the trial of the former mayor of
Bicumbi, Laurent Semanza, official sources have disclosed.
Semanza is charged with 14 counts in regard to massacres in Bicumbi and
neighbouring Gikoro. He is charged among others with genocide, complicity in
genocide, crimes against humanity, direct and public incitement to genocide
and war crimes. He has pleaded not guilty to all counts.
Trial Chamber Three of the ICTR started deliberating the case on June 19,
2002 after all parties had argued their case for 18 months. The trial began
on October 16, 2000 and both the prosecution and the defence called 27
witnesses each.
The prosecution
Apart from the massacres of Tutsis in Bicumbi and Gikoro, the prosecutor
accuses Semanza of planning, ordering and encouraging militia - especially
Interahamwe and others - to rape and perform other demeaning acts against
Tutsi women.
It is also alleged that the accused armed and trained Interahamwe (the youth
wing of former president Habyarimana’s party, the Mouvement républicain pour
la démocratie et le développement -MRND). It is also alleged that he took
part in massacres, especially in Musha and Ruhanga parishes.
Prosecution witness, “DCH” told the tribunal that preparations to attack
Ruhanga took place on April 14, 1994 at a place called Kabuga. It is there
that Semanza called for military assistance and vehicles to transport the
attackers. “He is the one who requested firearms for those who were unarmed”
, the witness said.
The witness also revealed that he spoke to the accused between April 8 and
12, 1994 at a roadblock near a mosque at Kabuga where Tutsi women were
having sexual relationships with gendarmes. The accused is then said to have
ordered the death of the women.
Another witness, code-named “VN” testified in November 2000 as having seen
Semanza at Mwulire hill where many Tutsis had taken refuge between April 11
and 18, 1994. According to the witness, the accused, armed and wearing a
military uniform, arrived with a group of soldiers, Interahamwe and a
counsellor from the prefecture. “He started shooting at the refugees
assembled in a football field next to the offices of Mwulire Sector”, said
“VN”.
André Guichaoua, a French sociologist called by the prosecution as an expert
witness, testified in 2001 that Semanza begun preparations for the massacres
of Tutsi long before 1994.
According to him, Semanza began planning massacres as early as October 1990
when the Rwandese Patriotic Front (RPF, a former rebel group now in power in
Kigali), first launched its attack, and then unleashed the killings
immediately after the shooting down of the presidential plane on April 6,
1994.
The defence
During his opening statement in October 2000, Semanza’s defence counsel, the
Cameroonian-American, Charles Taku, said that his client was a victim of
“police machinations”. “He (Semanza) worked tirelessly in the service of his
countrymen, never practiced sectarianism and could not stomach politicians’
games”, said the lawyer.
According to Taku, the genocide in Rwanda should be put squarely on the RPF’
s back and the “silent complicity of the international community”. “Semanza
was never part of a plan to kill Tutsis, neither did he encourage the rape
of Tutsi women. He did not have the necessary powers or the military
authority to exert the influence that the prosecutor claims”. He continued
that in 1994, Semanza was no longer a mayor and did not have control over
the Interahamwe militia.
To prove their point, the defence cited the testimony of one witness, “KM”,
a woman living in exile since 1994. She said that she never saw the accused
distributing arms or training militia as the prosecution alleges.
“Semanza considered all Rwandans as brothers and fellow citizens who had the
same vision of developing their country”, the witness said.
KM’s testimony tallied with that of “SAM” who had appeared earlier. The
witness had said that Semanza was never implicated in the massacres of
Tutsis in Bicumbi or neighbouring areas.
Semanza’s alibi
The prosecution puts the dates of the alleged crimes between April 9 and 13,
1994, but the accused insists that he left his home for Gitarama on the
night of April 8. Gitarama is where the interim government took refuge as it
fled the advance of the RPF.
Some defence witnesses confirmed this alibi. “I saw him at Gitarama market
on April 11”, “CYM” said in November 2001, adding that the accused could
have arrived there days earlier.
Some defence witnesses said that Semanza’s house was attacked by RPF
soldiers shortly after the shooting down of the president’s plane on April
6, 1994 forcing the accused to flee to Gitarama.
However, the prosecution maintains that “between April 9 and 13, 1994,
Semanza worked hand in hand with the mayor of Gikoro, Paul Bisengimana, in
organising and carrying out massacres at Musha church where thousands had
taken refuge away from the killings in their sectors”.
The prosecution rejected the alibi of the accused, saying that he could go
in and out of his commune as he wished. “You have no other alibi apart from
saying that you left Bicumbi on April 9,1994”, pointed out the prosecution.
This train of events was corroborated by professor Guichaoua, recalled as a
rebuttal witness by the prosecution. Initially he had said that the accused
participated in the interim government’s meetings in Gitarama from April 11,
1994. He however rectified his testimony saying that officials shuttled
between Gitarama and Kigali.
“One cannot run away from danger and then turn around and face it again”,
protested the defence, pointing out that the prosecution had failed to punch
holes through the witness’s alibi.
Highlighting the fact that there were many contradictions in prosecution
witnesses’ testimonies, (some sighting him at the same hour but at different
places), the defence said that it was a sign that the prosecution was
groping in the dark and was unable to furnish precise facts to the alleged
crimes Semanza is accused of.
The prosecution on its part urged the tribunal to overlook the
contradictions, arguing that they “did not overweigh the testimonies as a
whole”.
Semanza was not in office in 1994
At the time of the alleged incidents, Semanza was out of office. He had been
removed and replaced by Juvénal Rugambarara. The prosecution maintains that
Semanza “remained politically influential” in Bicumbi and Gikoro during the
genocide. Guichaoua labelled him “the great bougmestre”.
Semanza accepts the label saying that it he earned it because of development
projects he had initiated during his time in office, but not because of the
alleged influence he is said to have wielded after his removal from office.
He argued that after he was replaced, he no longer had any power to give
orders. “I was neither a soldier nor a politician, I just took care of my
businesses”, testified Semanza.
He continued that he was on good terms with all ethnic groups in his commune
and that he had taken in destitute Tutsi children under his roof. “I was the
godfather to over 15 Tutsi children”, he said, adding that some of them had
wanted to come and testify on his behalf but “feared” to do so. “During
school holidays, my home resembled a school,” he added.
59-year old Semanza attended one year of post-primary education at l'Ecole
technique officielle (ETO) in Kicukiro, near Kigali. He then worked as a
telephone switchboard operator at Gahengeri commune, which later changed its
name to Bicumbi. He later served as the mayor of the commune for 20 years
until 1993.
In early 1994, he had been designated by the MRND as one of its members of
the transitional national assembly that would have shared power with the
RPF.
Semanza was arrested in Cameroon in 1996 and transferred a year later to the
UN detention facilities in Arusha.
In 2000, the appeals chamber had found that Semanza’s detention had been
marred by irregularities and ruled that should he be proven innocent, he
should be awarded a financial settlement. It also ruled that should he be
found guilty, he would benefit of a reduced sentence.
Taku is assisted in Semanza’s defence by Sadikou Alao from Benin while the
prosecution was led by the Canadian-Nigerian, Chile Eboe-Osuji.
Trial Chamber Three hearing the case is composed of Yakov Ostrovsky
(Russia), assisted by George Lloyd Williams (Saint-Kitts and Nevis) and
Pavel Dolenc (Slovenia).
Semanza is the eleventh person to be judged by the ICTR since it was created
in 1995. The tribunal will for the first time pass judgement on two cases in
one dayl.
KN/GA/CE/FH (SE'0514e)
APRIL 22nd, 2003
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ICTR/CALENDAR
ICTR TO DELIVER TWO JUDGEMENTS MAY15
Arusha, April 22nd 2003 (FH) - The International Criminal Tribunal for Rwanda (ICTR) will deliver two judgements May 15.
According to the ICTR’s judicial calendar published on its website, the two judgements will be those of the former minister of information in the interim government, Eliézer Niyitegeka, and of the former mayor of Bicumbi, Laurent Semanza.
It will be the first time that two judgments are delivered on the same day in the history of the ICTR. The first verdict was delivered in 1998.
Semanza’s trial began on October 16, 2000 and has been in deliberation since June 19, 2002 in Trial Chamber Three presided over by George Lloyd Williams of Saint-Kitts and Nevis, and assisted by Yakov Ostrovsky from Russia and Pavel Dolenc of Slovenia.
Niyitegeka’s trial also goes in history as the fastest trial in the history of the tribunal. His trial began on June 17, 2002 and has only been in deliberation since February 28, 2003. It is being heard by Chamber One composed of the South African Judge Navanethem Pillay (presiding), Erik Møse from Norway and Andrésie Vaz from Senegal.
The last judgement delivered by the ICTR was on February 19, 2003. It was the joint trial of Pastor Elizaphan Ntakirutimana and his son, Dr. Gerald Ntakirutimana. Both were sentenced to 10 and 25 years in prison respectively.
Some trials come to an end, others still a long way to go
The same team in Chamber One is also conducting the joint trial of three Rwandans accused of using the media to call for and propagate the genocide. According to information from the Registry, the trial which was suspended on April 11, 2003, will resume in “the week starting May 5th,” when the last witnesses are expected to be called.
The closing statements in the “media trial” are expected to be delivered by counsels for both sides between August 18th and 22nd. It groups together the alleged promoter of Radio-télévision libre des Mille collines (RTLM), Ferdinand Nahimana, a former political advisor in the ministry of foreign affairs and at the same time member of the steering committee of RTLM, Jean Bosco Barayagwiza, and Hassan Ngeze, former owner and editor-in-chief of “Kangura” newspaper. The trial started on October 23, 2000.
Ever since the trial began, Jean-Bosco Barayagwiza has been boycotting the proceedings on the grounds that the tribunal is manipulated by the Rwandan government.
Chamber Two on the other hand is conducting the trial of Juvenal Kajelijeli, the former mayor of Mukingo in Ruhengeri (north-western Rwanda). He is currently testifying on his own behalf and is the last witness in this trial which started on July 4, 2001.
Chamber Two is alternating the Kajelijeli trial with that of the former minister of higher education and scientific research and culture in the interim government, Jean de Dieu Kamuhanda, and that of six people accused of genocide the southern province of Butare.
Kamuhanda’s trial will resume April 28 and is slated to go up to May 22. The Butare trial, the third that Chamber Two is hearing, has been programmed to run from June 9 to July 10.
Uncertainty lingers over the date of resumption of the two current trials in Chamber Three; the Cyangugu trial, which involves three senior personalities in the south-west Rwanda province, and the Military case, the joint trial of four military officers.
The Cyangugu Trial was adjourned pending an eventual motion for rebuttal by the prosecution that might call more witnesses to counter defence testimonies.
The military trial is linked to the arrival of new judges who are expected as of May 24. The mandate of one of the sitting judges, Pavel Dolenc of Slovenia, will expire next month. He has to be replaced by a new judge.
AT/CE/KN/FH (CL'0422e)
January 10th, 2003
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ICTR/SEMANZA
DELIBERATIONS ON EX-MAYOR'S GENOCIDE TRIAL CONTINUE
Arusha, January 10th, 2002 (FH) – Trial Chamber III at the International Criminal Tribunal for Rwanda(ICTR) will on Monday continue deliberations on the judgement of genocide suspect and former mayor of Bicumbi, Laurent Semanza.
According to the ICTR judicial calendar, Trial Chamber III will deliberate on the case until 17th January. The case opened on October 16th, 2000 and was closed on June 19th, 2002. The prosecutor and the defence each presented 24 witnesses.
Semanza, 59, is charged with four counts of genocide and crimes against humanity in connection with killings committed in Bicumbi commune and the neighbouring commune of Gikoro during the 1994 genocide. He has pleaded not guilty. He was arrested in Cameroon in 1996.
The trial is before judges Yakov Ostrovsky of Russia (presiding), George Lloyd Williams of Saint-Kitts and Nevis and Pavel Dolenc of Slovenia.
AT/GG/CE/FH(SE'0110e)
JUNE 19th, 2002
______________________________________________
ICTR/SEMANZA
TRIBUNAL TO DELIBERATE SEMANZA CASE AFTER FINAL ARGUMENTS
Arusha, June 19th, 2002 (FH) The trial of former Bicumbi mayor and genocide suspect Laurent Semanza closed officially on Wednesday before the International Criminal Tribunal for Rwanda (ICTR) with the final closing arguments by the prosecution and defence.
The case started on October 16th, 2000 and prosecutor Chile Eboe Osuji of Canada and Nigeria represented the prosecution while counsel Charles Taku of Cameroon and America and Sadikou Alao of Benin represented the accused.
In total the prosecution and defence presented fifty-four witnesses twenty-seven for each party. Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution, in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The prosecution maintains that Semanza committed some of the crimes between April 9th and 13th, 1994. But Semanza who testified in his own defence states that he left his residence on the night of April 8th and 9th in the direction of Gitarama (central Rwanda).
In his closing arguments, the bulk of which were delivered on Monday, Osuji asked the court to find the accused guilty of the charges against him and to sentence him for each count. He also asked the court not to give weight to the inconsistencies between the written testimonies of the prosecution witnesses and their testimonies in court. He said that this factor was not enough to disregard their testimonies, and that it was collective evidence presented that mattered.
In their argument, Semanza's defence asked the court to acquit their client because the prosecution had failed to challenge his defence of alibi. The defence maintained that the issue of contradictions in prosecution witnesses' testimonies was important and showed that the prosecution was unable to state directly how Semanza was responsible for the crimes he had been indicted for.
Semanza was arrested in Cameroon in 1996 and transferred the following year to the (ICTR) United Nations Detention Facility in Arusha. The accused was mayor of Bicumbi for over twenty years before becoming a trader and businessman at the end of his tenure.
The prosecution maintains that he was still "very influential politically" even after he was mayor. But his defence argued that Semanza held no political or government post during the 1994 events and that he was not as influential as the prosecution were portraying him.
In 2000 the Appeals Chamber of the ICTR stated that there had been irregularities during the provisional detention of the accused and that should he be declared innocent after his trial, he would be eligible for a financial compensation. The Chamber also added that if found guilty he would be eligible for a reduction of his sentence due to those irregularities.
At the close of the trial presiding Judge Russian Yakov Ostrovsky said: "This hearing is closed, judgement will be pronounced in public," adding that the date of the judgement would be communicated to the concerned parties in due course, after deliberations.
This trial was before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
GA/SW/JA/FH (SE-0619e)
JUNE 18th , 2002
______________________________________________
ICTR/ SEMANZA
PROSECUTION CASE FULL OF CONTRADICTIONS SAYS SEMANZA DEFENCE
Arusha, June 18th, 2002 (FH) Former mayor of Bicumbi, Laurent Semanza, was not as influential as the prosecution portrayed him and he could not have committed the crimes he is accused of, according to his defence, presenting its closing arguments at the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
"The prosecution evidence is so pregnant with material contradictions," said Semanza's defence, adding that it could not be relied on. The defence also criticised with their client's indictment, saying that the prosecution had presented unrelated events unfolding during times even outside the genocide period in unrelated localities.
"The prosecution put his net wide, so as to put the court on a voyage of discovery, to choose which facts fit what [accusation]," said Semanza's lead counsel Charles Taku of Cameroon and the USA.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The prosecution maintains that he was still very influential even after he was no longer mayor of Bicumbi. Prosecutor Chile Eboe-Osuji in his closing arguments on Monday told the court that Semanza had
de facto
or
de jure
authority in 1994.
Defence counsel Taku however argued that Semanza was no longer a government official during the 1994 events and that he did not wield political power. He also said that in an attack against his homestead in March 1994, Semanza's own daughter was shot dead and he was forced to flee to seek assistance.
"If he had de facto or de jure authority would he not have had soldiers guarding him - so is no longer a great burgomaster [mayor]?" said Taku. The prosecution had in its case referred to Semanza as the "Great Burgomaster".
The prosecution maintains that Semanza committed some of the crimes between April 9th and 13th, 1994. But Semanza took the witness stand in his own defence stated that he left his residence overnight on April 8th in the direction of the town of Gitarama.
On Monday the prosecution asked the court to find Semanza guilty on all the counts against him and to sentence him for each count.
Semanza's defence argued that the prosecution had failed to challenge of Semanza's alibi successfully. Co-counsel Sadikou Alao of Benin said that the three rebuttal witnesses called to challenge the alibi defence did not succeed in doing so. He described one of them, known as DCH, as having been "fabricated at the last minute".
The lawyer also questioned the credibility of another witness, known as XXK, who had testified that Semanza left Bicumbi on April 18th 1994. According to Alao the witness stated that her husband had died on the same day that the ex-mayor left Bicumbi, but she did not know the date of her husband's death. Alao questioned how she could have known of Semanza's departure and not of her husband's death, even though the events allegedly transpired on the same day.
Taku argued that there were pertinent issues concerning the credibility of the prosecution witnesses and these issues could not be thrown out with a wave of the hand. He said that some prosecution witnesses placed the accused at different locations on the same day. On example was the claim that he was seen on April 12th at 10am in the Musha area while another witness said that at the same time and on the same day he was in Mabare region.
Semanza's defence also argued that he had been detained unlawfully after his arrest and that legal provisions on the duration of detention before trial were not respected. His defence urged the court to acquit him.
They said that his was a protracted trial, which ought not to have come before the Tribunal because the ICTR was established to try the key authorities that committed crimes and Semanza was not one of them.
On Wednesday morning, the prosecution will respond to the defence arguments. This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The hearing started on October 16th, 2000.
SW/FH (SE-0618f)
JUNE 18th , 2002
______________________________________________
ICTR/ SEMANZA
PROSECUTION ASKS COURT TO REJECT ALIBI DEFENCE IN SEMANZA CASE
Arusha, June 18th, 2002 (FH) The prosecution in the case of former Bicumbi mayor Laurent Semanza on Monday in its closing arguments asked the International Criminal Tribunal for Rwanda (ICTR) to reject the accused's defence that he has an alibi covering the key period .
Semanza was mayor of Bicumbi, Kigali rural province, in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution, in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The prosecution maintains that Semanza committed some of the crimes between April 9th and 13th, 1994. But Semanza, who gave testimony on his own behalf, states that he left his residence in Bicumbi on the night of April 8th.
In his closing arguments, prosecutor Chile Eboe-Osuji of Nigeria and Canada stated that Semanza's defence counsel did not notify the prosecution of the accused's alibi, on time at the start of the trial in October 2000. He added that the accused did not develop the defence of alibi until after evidence given by French sociology professor Andre Guichaoua who testified in 2001.
In his evidence in April 2001, Guichaoua said that Semanza had been seen in another town, Gitarama, "on May 20th or around that date," and that he took part in meetings of the interim government, which had taken refuge there on April 11th, 1994.
Guichaoua, who testified again in rebuttal, on the issue of the potential alibi, said that the fact that Semanza was seen in Gitarama did not mean he could not have gone to Bicumbi.
Osuji underlined that before the evidence of Guichaoua, who, according to him, "inspired the defence", no witness had been cross-questioned in a manner to suggest that the accused would present an alibi as his defence. Counsel Charles Taku of Cameroon and the USA and Sadikou Alao of Benin are defending Semanza. They maintain that their client is a "victim of political vendetta".
In his arguments Osuji recalled the massacres and violence witnessed in the sectors of Muyumbu, Gahengeri, Mwulire, at the mosque in Mabare and the
church in Musha, between April 8th and 18th, 1994. He maintained that Semanza orchestrated, executed and supported the massacres.
Osuji said that these acts form the basis for the fourteen counts Semanza is facing and for which he has to be judged by the ICTR. Osuji also urged that the court sentence him for each count and to find him guilty on all counts. He asked the court not to consider the inconsistencies between the written statements and the testimonies before the court by witnesses, saying that these factors were not enough to reject the testimonies as not credible. The prosecutor said it was the collective evidence presented that would count.
Semanza was mayor of Bicumbi for more than twenty years and later became a businessman. In 1994, he was proposed as Member of Parliament by the former Presidential MRND party, as a representative at the national assembly of the transition government which was associated with the Rwandan Armed Forces (FPR) then in power.
The prosecution alleges that Semanza was still "very influential politically" in 1994 in Bicumbi even though he was no longer mayor. Osuji stressed that if
he did not exert de facto authority then he exerted de jure authority.
The defence started their closing arguments this morning, before Trial Chamber Three of the ICTR, composed of Judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The hearing started on October 16th, 2000.
GA/SW/JA/FH (SE-0618e)
May 7th, 2002
____________________________________________________
ICTR/SEMANZA
SEMANZA DEFENCE TO APPEAL AGAINST CHAMBER DENIAL TO CALL RE-JOINDER EVIDENCE
Arusha, May 7th, 2002 (FH) - Defence lawyers for former Bicumbi Mayor and genocide suspect Laurent Semanza will appeal a decision by the International Criminal Tribunal for Rwanda (ICTR) denying them leave to call re-joinder witnesses, reports the independent news agency, Hirondelle.
The trial was scheduled to resume on Tuesday, May 7th, with rejoinder evidence after the prosecution concluded rebuttal evidence on April 25th. But ICTR's trial Chamber Three which is hearing the case, made a decision on April 30th, denying the defence leave to call rejoinder witnesses.
The Chamber ruled that the defence does not point to any new and unanticipated evidence or facts led by prosecution in rebuttal. The Chamber said that briefly the witnesses were expected to testify about two main subject areas: to reinforce the alibi of the accused and to challenge the credibility of the prosecutor's rebuttal witnesses.
"Examination of the anticipated testimonies reveals that none of these (defence) witnesses could qualify as a rejoinder witness," said the Chamber in its written decision.
According to Semanza's lead counsel Charles Taku of Cameroon and USA, defence filed at the start of May, an urgent motion, asking the trial Chamber to review its decision on the rejoinder issue. Taku said the defence received no word on the urgent motion but instead received from the Registry, a Scheduling Order dated May 2nd.
"We are going to contest this, we are going to the Appeals Chamber," said Taku.
The defence intended to call thirteen witnesses for rejoinder evidence in response to the three prosecution rebuttal witnesses. Prosecutor Chile Eboe Osuji had scheduled six witnesses in rebuttal evidence regarding Semanza's alibi but only three actually testified.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
The proposed witnesses for rejoinder evidence included former Minister André Ntagerura, Emmanuel Ndindabahizi, Edouard Karemera and Aloys Ntabakuze (all facing charges before the Tribunal). Others included witnesses using pseudo-names for protective measures.
According to the Chamber the facts raised by the defence to challenge the credibility of the rebuttal witnesses relate only to collateral issues. "Thus the Chamber is of the view that it would serve no legitimate purpose to hear these witnesses," stated the written decision.
In the Scheduling Order, parties are asked to present closing arguments not later than June 17th, 2002. Each party is required to file a final trial brief with the Chamber not later than five days prior to this date.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/FH (SE-0507e)
APRIL 25th, 2002
__________________________________________________________________
ICTR/SEMANZA
PROSECUTION CONCLUDES REBUTTAL EVIDENCE IN SEMANZA TRIAL
Arusha, April 25th, 2002 (FH) - The prosecution in the case of former Bicumbi Mayor and genocide suspect Laurent Semanza completed its evidence in rebuttal at the International Criminal Tribunal for Rwanda (ICTR) on Thursday, after withdrawing three listed witnesses. Semanza's defence intends to call witnesses in rejoinder from May 7th, 2002.
Prosecutor Chile Eboe Osuji had scheduled six witnesses in rebuttal evidence regarding Semanza's alibi but only three actually testified. The prosecution indicated it would call rebuttal witnesses when defence closed their case in February.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed most of the crimes between April 9th and 13th, 1994. However, in his testimony he said he left Bicumbi on April 9th, and some defence witnesses corroborated this evidence.
During his testimony, Semanza stated that a date he maintains was April 9th, 1994, on a statement he had given to judicial authorities in Cameroon where he was arrested in 1996 had been "erased". The date is crucial because it touches on his alibi.
This contentious date led to heated debates between the prosecution and Semanza's lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin. The prosecution said it would call rebuttal witnesses as soon as defence closed its case to challenge Semanza's alibi. It was the first time in the Tribunal that prosecution has called rebuttal evidence.
The six witnesses listed by the prosecution were a Kenyan forensic expert Antipas Nyanjwa, a Cameroonian Prosecutor Messina Temme, three protected witness dubbed "DCH," "XXK" and "XXL" and an expert witness who testified for the prosecution Professor André Guichaoua. Defence had objected saying that the prosecution wanted to introduce new evidence.
The first rebuttal witness DCH testified on April 15th, and Professor Guichaoua on April 22nd. The prosecution first withdrew witness "XXL" due to technical problems. On Tuesday this week, witness "XXK" testified entirely in closed session. It was also during this time that the prosecution withdrew from its list of witnesses, Cameroonian Prosecutor Messina Temme.
On Thursday, Nyanjwa from Kenya was due to testify but Osuji also withdrew this witness after arguments from both the prosecution and defence regarding the contentious date in Semanza's statement.
"The prosecutor did not have to go as far as Nairobi to get someone to read what we could all read three months ago," Alao argued, referring to the same date. But the prosecution said defence had not clarified the question of the date. Both parties agreed that there was no date indicated but only the month of April.
The prosecution then stated its rebuttal evidence was concluded and defence indicated it would call witnesses in rejoinder. A motion by the prosecution to have the defence provide names of the witnesses expected to testify in rejoinder to rebuttal evidence was rejected by the Chamber.
The defence appealed to the Chamber to make a specific order that the Registry and other department of the Tribunal accord their case if they were to prepare their witnesses by the scheduled date of May 7th.
Presiding judge Yakov Ostrovksy of Russia said that the "matter is substantial" and the Chamber would look into it and take all necessary measures. He also added that all parties would be informed about the confirmation of this date.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/FH (SE-0425e)
APRIL 22nd, 2002
______________________________________________
ICTR/SEMANZA
SEMANZA LEFT BICUMBI ON APRIL 19TH, SAYS WITNESS
Arusha, April 22nd, 2002 (FH) - Former Bicumbi mayor (central Rwanda) and genocide suspect Laurent Semanza may have left Bicumbi around April 19th and 20th 1994, due to an attack by the Rwandan Patriotic Front (RPF) a prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
An expert witness Professor André Guichaoua said, "the only tangible element corresponds to when the RPF advanced (April 19th-20th)." He was testifying as the second witness in rebuttal evidence for the prosecution, on the thorny issue of Semanza's alibi.
He said the RPF advanced to Rwamagana on the road to Kigali on April 18th, and that on April 19th, launched an offensive. Professor Guichaoua told the court it was unlikely that Semanza would have remained in Bicumbi when other local leaders were fleeing the attack.
Semanza was mayor of Bicumbi, Kigali rural province in central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed most of the crimes between April 9th and 13th, 1994. However, in his testimony he said he left Bicumbi on April 9th, and some defence witnesses corroborated this evidence.
But the issue of Semanza's alibi provoked a heated debate between his lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin, and prosecutor Chile Eboe Osuji of Canada and Nigeria.
At the close of its case in February, the prosecution said it intended to call six witnesses for rebuttal evidence regarding the issue of Semanza's alibi. Professor Guichaoua testified after the first rebuttal witness known only as "DCH" for protection of identity, who completed his testimony last week.
Professor Guichaoua told the court that Semanza attended a meeting of officials of the interim government on May 20th, 1994, in Murambi, Gitarama prefecture. The interim government was created on April 11th, 1994. The witness also said that being in Murambi on or around the 20th of May did not "rule out his having been in Murambi on other dates".
The expert witness also said that many officials would leave Murambi to Kigali and Gisenyi and return. "According to my information, he (Semanza) arrived there (Murambi) before that meeting," said the witness.
But Taku challenged the witness's testimony asking in what capacity Semanza would have attended such a meeting. The witness said that the interim government did not have formal existence and that those in Murambi held formal and informal meetings.
"The reasoning applied to Nzirorera (Joseph) could be applied to Semanza," he added. The witness named former politicians Joseph Nzirorera and Mathieu Ngirumpatse as others who attended the meetings.
Professor Guichaoua completed his testimony on Monday afternoon. The other rebuttal witnesses scheduled to testify are a Kenyan forensic expert Antipas Nyanjwa, a Cameroonian Prosecutor Messina Temme and a protected witness dubbed "XXK".
Osuji asked for the sixth rebuttal witness known as "XXL" to be removed from the witness, after difficulties in getting the witness to come to Arusha to testify.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The trial resumes on Monday with a status conference between the court, prosecution and defence.
SW/FH (SE-0422e)
APRIL 18th, 2002
______________________________________________
ICTR/SEMANZA
PROSECUTION IN SEMANZA TRIAL DROPS ONE WITNESS IN REBUTTAL
Arusha, April 18th, 2002 (FH) - The prosecution in the trial of former Bicumbi mayor, Laurent Semanza, has withdrawn one witness who was scheduled to give rebuttal evidence. It remained uncertain on Thursday whether another witness would come from Rwanda to testify before the International Criminal Tribunal for
Rwanda (ICTR), next week.
Prosecutor Chile Eboe Osuji of Canada and Nigeria withdrew the witness, known as "XXL", at the end of testimony from the first rebuttal witness, known as "DCH." He explained that the other witness from Rwanda is expected in Arusha on Monday if "problems" in getting witnesses to come to Arusha are solved.
When the defence closed their case in February, the prosecution indicated they would call rebuttal witnesses to challenge Semanza's alibi claim that he left Bicumbi commune, Kigali Rural Province in Rwanda on 9th April 1994. Semanza testified in his own defence as the last defence witness.
Semanza was mayor of Bicumbi commune, Kigali Rural Province in central Rwanda for over 20 years before he was replaced in 1993. He was arrested in Cameroon in March 1996. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The prosecution intended to call six rebuttal witnesses but two, known as "XXL" and "XXK", were not available to testify this week. The prosecutor asked for "XXL" to be struck out of the witness list.
The prosecution maintains that issues in rebuttal arise from matters raised by defence witnesses, but Semanza's lawyers had objected saying the prosecution was attempting to introduce new elements in the case.
The first rebuttal witness, known only as "DCH" for protection of identity, completed his evidence on Thursday. The others scheduled to testify are Kenyan forensic expert Antipas Nyanjwa, Cameroonian Prosecutor Messina Teme and an expert witness in the prosecution case, Professor André Guichaoua. Nyanjwa is expected to testify on Thursday.
In his testimony, witness DCH challenged Semanza's alibi saying the former mayor was present during an attack on Tutsis taking refuge in a church in Gikoro commune. The attack allegedly took place on April 15th, 16th and 17th, according to DCH.
DCH's testimony provoked heated debate between the prosecutor and Semanza's defence lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin due to the many objections raised by both parties.
According to the prosecution, Semanza was involved in planning the killing of Tutsis, training of militiamen and distribution of weapons in his commune. Semanza allegedly committed the crimes between April 9th and 13th, 1994. However, during his testimony, Semanza claimed he left Bicumbi on April 9th. A number of defence witnesses corroborated this evidence.
This case is before Trial Chamber Three of the ICTR, composed of Judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The trial resumes on Monday with a status conference between the judges, the prosecution and the defence.
SW/FH (SE-0418e)
April 15th, 2002
_________________________________________________________
ICTR/SEMANZA
TRIBUNAL APPEALS TO RWANDA OVER WITNESSES IN SEMANZA TRIAL
Arusha, April 15th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR's) trial Chamber Three on Monday called for the Rwandan Government's cooperation, following difficulties in getting witnesses to come to testify in the case of former Bicumbi mayor Laurent Semanza.
"It is important that (Rwandan) authorities cooperate so that we carry out the mandate given to us by the (United Nations) Security Council," said judge Lloyd George Williams of St. Kitts and Nevis.
He was speaking after an official from the ICTR Witness protection unit informed the court of difficulties in bringing witnesses expected to testify in the case, from Rwanda to Arusha. Two prosecution witnesses were expected to testify this week but their departure from Rwanda remains uncertain.
The official, Vahidy Saleem of Pakistan said the witnesses were willing to come and testify but needed authority from certain associations of genocide survivors that had recently publicly announced that they (witnesses) should not cooperate with the Tribunal.
"Lately we have been facing a slight problem with the government of Rwanda and associations like IBUKA and AVEGA," Saleem informed the court. The witnesses, he said, say they need authority from the Rwanda Ministry of Justice or from IBUKA.
The witnesses in question are part of six people called by the prosecution for rebuttal evidence in the former mayor's case. Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
This is the third case at the ICTR to be affected in three weeks because witnesses cannot come to testify. In two other cases before the ICTR namely the so-called 'Butare Trial' and that of former Mayor of Mukingo, Juvenal Kajelijeli, witnesses also failed to come to give evidence at the behest of IBUKA and AVEGA.
A total of twelve witnesses involving seven accused (six in the Butare trial and Kajelijeli) in the two cases had to be struck off of the witness lists when they failed to appear before the Tribunal.
Last month, these two key associations for genocide survivors reiterated the decision of non-cooperation with the (ICTR). Witnesses have stated they are awaiting an announcement by these associations allowing them to testify in Arusha.
Some of the issues IBUKA and AVEGA have cited include the hiring by the ICTR of "41" people allegedly suspected of genocide crimes and harassment of witnesses during cross-questioning, amongst other complaints.
Semanza's defence counsel Charles Taku of Cameroon and USA, lamented that the associations are not recognized by the court or internationally but are known in Rwanda and that the Rwandan government as a state should cooperate with the Tribunal.
Semanza's trial proceeded with the testimony of the first prosecution witness giving rebuttal evidence. The witness is known only as "DCH" for to protect identity. DCH who was formerly in detention in Rwanda, had arrived in Arusha ahead of the directions by the genocide survivors associations.
Prosecution intends to call six witnesses including DCH and the two in Rwanda going by the names "XXL" and "XXK" for protection of identity. The others are a Kenyan forensic expert, a Cameroonian Prosecutor and an expert witness in the prosecution case Professor André Guichaoua.
The prosecution first mentioned the intention to call rebuttal witnesses when the defence closed their case in February. The last defence witness was Semanza who testified in his own defence for more than a week.
Prosecution maintains issues in rebuttal arise from matters raised by defence, but Semanza's defence had objected saying prosecution was attempting to bring in new elements to the case.
Semanza was mayor of Bicumbi Kigali rural province in central Rwanda for over 20 years before the lost his post in 1993. He was arrested in March 1996 and made his initial appearance at the Tribunal in 1998.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
Judge Ostrovsky reminded the prosecution that the witnesses had to be in court by (April) 30th, (2002) in accordance with the rules told the court. Witness DCH continues with his testimony on Tuesday morning.
SW/FH (SE-0415e)
April 11th, 2002
_________________________________________________
ICTR/SEMANZA
PROSECUTION TO CALL REBUTTAL EVIDENCE AS SEMANZA TRIAL RESUMES
Arusha, April 11th, 2002 (FH) - The prosecution in the trial of the former Bicumbi mayor (Kigali rural province, central Rwanda) and genocide suspect Laurent Semanza, will bring new evidence in rebuttal when the trial resumes on Monday, April 15th, before the International Criminal Tribunal for Rwanda (ICTR).
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty. He was mayor of Bicumbi for over 20 years before the lost his post in 1993.
The trail was adjourned on February 28th after the former mayor testified in his own defence as the last of 26 defence witness. Prosecutor Chile Eboe Osuji of Canada and Nigeria announced then his intention to call witnesses to challenge the defence evidence.
"This is the first time in the practice of the Tribunal that prosecution has decided to call rebuttal witnesses," presiding judge Yakov Ostrovsky stated, adding that this was within the rules of procedure.
But Semanza's lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin objected, arguing that the prosecution was attempting to "reopen the case" and to "bring in new elements" in rebuttal.
However, Osuji maintained that in rebuttal he would deal with issues arising from the defence case. In a motion dated March 5th, 2002, the prosecutor states that the general scope of the evidence would be an attempt to meet, "as much as can be done at this late stage, the alibi defence which defence raised for the first time during the case for the defence."
Prosecution maintains that Semanza was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. He allegedly committed the crimes between April 9th and 13th, 1994. Semanza says he could not have committed the crime because he left the area on the night of April 8th.
Another contentious issue is the allegation by the defence that certain words of the defendants interview with the prosecutor general in Yaounde Court of Appeal of Cameroon, in April 1996, were edited by the Cameroonian judicial authorities. Semanza was arrested in Cameroon in 1996 and transferred to the ICTR in 1997.
While giving evidence, Semanza stated that a statement he made to Cameroonian authorities on his arrest had been "rubbed". Semanza claimed a date - "April 9th 1994" was erased. This date is important because it touches on his alibi.
But prosecution intends to call an expert in criminology and forensic science from Kenya, as one of their rebuttal witnesses, to testify in particular on the "words now in dispute". The six witnesses prosecution intends to call also include a Cameroonian Prosecutor and an expert witness in the prosecution case Professor André Guichaoua.
This case opened on October 16th before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0411f)
FEBRUARY 28th, 2002
_________________________________________________
ICTR/ SEMANZA
SEMANZA TESTIMONY OVER, PROSECUTION SEEKS TO CALL REBUTTAL WITNESSES
Arusha, February 28th, 2002 (FH) - Former Rwandan mayor of Bicumbi (Kigali province, central Rwanda) on trial for genocide on Thursday completed his testimony before the International Criminal Tribunal for Rwanda (ICTR). The prosecution sought, for the first time at the ICTR, to call rebuttal witnesses, a move strongly objected to by the defence.
"This is the first time in the practice of the Tribunal that prosecution has decided to call rebuttal witnesses," presiding judge, Yakov Ostrovsky said. He added that this was within the rules of procedure.
But Semanza's lawyers Charles Taku of Cameroon and USA and Sadikou Alao of Benin said that the prosecution was attempting to "reopen the case" and to "bring in new elements" through the rebuttal.
However, prosecutor Chile Eboe Osuji maintained that in rebuttal he would deal with issues arising from the defence case. He said among these issues are a forensic report and a document put forward by the prosecution containing a statement made by Semanza. The accused had earlier testified that a statement he made to Cameroonian authorities, on his arrest had been "rubbed". Semanza claimed a date, 'April 9th 1994', was erased. This date is important because it touches on his alibi.
On Thursday, Osuji said that he was in possession of a photocopy of the said statement from the Kenyan Police Criminal Investigations Department (CID) headquarters in Nairobi. He intends to pursue the issue of the "erased" portions of the statement in rebuttal.
The prosecutor asked the court to allow him time up to Tuesday next week, to provide details to the court on the extent of the rebuttal case.
Defence immediately said it would also call witnesses as a rejoinder to the prosecution's rebuttal. This new development may affect the earlier schedule for closing arguments.
Semanza has been testifying in his defence since February 13th. The final stage of his testimony was partially disrupted by heated exchanges between the
defence and prosecution, which continued after the defendant's testimony prompting the Chamber's intervention.
He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Galore commune. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed the crimes between April 9th and 13th, 1994. He was arrested in Cameroon in 1996 and transferred to the ICTR in 1997.
In his testimony, Semanza maintained that he left Bicumbi on April 8th and that the allegations by the prosecution witnesses were "fabricated". Some defence witnesses concurred with this, providing him with an alibi.
Semanza repeatedly testified that "there was no genocide in Rwanda in 1994". On Thursday he reiterated that to his knowledge, genocide was the extermination of a race. And that according to fleeing refugees who informed him on the killings while he was in exile, "both Hutus and Tutsis died."
The court will inform concerned parties when the hearing will resume, as prosecution prepares for rebuttal.
This case is alternating before Trial Chamber Three with the so-called "Cyangugu case" of three genocide suspects, which is set to resume on March 4th. The Chamber is composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0228g)
FEBRUARY 27th, 2002
___________________________________________________________________
ICTR/ SEMANZA
SEMANZA DENIES LINKS WITH 'HATE RADIO' RTLM
Arusha, February 27th, 2002 (FH) - Former Rwandan mayor Laurent Semanza on trial for genocide before the International Criminal Tribunal for Rwanda (ICTR), on Wednesday denied he had any link with the 'hate radio' Radio-Television libre des Mille Collines (RTLM).
The prosecutor Chile Eboe Osuji of Canada and Nigeria said during cross-questioning that Semanza was a shareholder of the RTLM. RTLM was established in 1993 in Rwanda. It has been described as "an effective hate media" that was used to broadcast messages to incite ethnic Hutu to kill ethnic Tutsi during the Rwandan genocide.
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in his Bicumbi commune and nearby Gikoro commune. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including the training of militia and distribution of weapons in his commune. Semanza allegedly committed the crimes between April 9th and 13th, 1994.
Responding to Osuji, who asked if Semanza had shares in RTLM, the accused said: "No, I did not have shares in radio RTLM and I was not a founder member." Osuji told the court that he had a record from an accounts report of 1993, in which Semanza's name appears on the list of RTLM shareholders.
But Semanza's defence objected saying that the alleged report was certified in Brussels (Belgium) in 1995, well after the events of 1994. "Whoever certified it was not certifying the content," Semanza's co-counsel Sadikou Alao of Benin, argued. Alao questioned the authenticity of the document.
The court allowed the prosecutor to ask questions arising from the report but added that the issue of its authenticity would be revisited at a later stage.
Semanza's defence raised a motion to have a former RTLM director and genocide suspect, Ferdinand Nahimana, also a defendent before the ICTR, to testify on Semanza's alleged involvement with the RTLM. Nahimana is one of three accused in the so-called 'media trial' before ICTR's Trial Chamber One. However, the Chamber rejected the defence motion.
Semanza who started giving evidence on February 13th, is testifying in his own defence before the defence closes its case. Prosecution and defence are expected to present closing arguments in May.
Semanza continues testifying with a re-examination by his counsel on Thursday morning. This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0227g)
FEBRUARY 25th, 2002
________________________________________________
ICTR/ SEMANZA
PROSECUTOR ATTACKS SEMANZA'S CLAIM THAT PARTS OF STATEMENT WERE 'DELETED'
Arusha, February 25th, 2002 (FH) - Prosecution in the case of former Rwandan mayor and genocide suspect Laurent Semanza on Monday dismissed a claim by the accused that parts of a statement he had written were 'erased' after he signed the document. Semanza is testifying in his own defence before the International Criminal Tribunal for Rwanda (ICTR).
Prosecutor Chile Eboe Osuji of Canada and Nigeria told the court that Semanza's claim that his statement, made after he was arrested in 1996, was altered was "baseless" and "an after thought" made in order to avoid conviction.
Semanza claims a date "April 9th 1994" was erased from the statement he made to Cameroonian authorities on his arrest. He testified earlier that parts of the statement he made were "rubbed". The date is important because it touches on Semanza's alibi.
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed the crimes between April 9th and 13th, 1994. He was arrested in Cameroon in 1996.
Osuji put it to the accused that apart from the single claim that he was not in Bicumbi commune on April 9th, he has "no other alibi". The defence maintains that Semanza left Bicumbi on April 8th and some defence witnesses concurred with that, giving him an alibi.
But Osuji said he would continue to attack the proposition that "the Cameroonian authorities deliberately or unwittingly attempted to rob the accused of his alibi".
He said there was a contradiction because on one hand, the defence said the Cameroonian authorities were "diligent" in handling Semanza's issue. And on the other hand, Semanza was claiming his statement was altered. He said if anything was altered, it was tantamount to fraud. Semanza was transferred to the ICTR from Cameroon in November 1997.
Semanza's defence objected to the prosecutor's use of the word "fraud" in relation to Cameroonian authorities saying that if an individual tampered with Semanza's statement, it should not be termed as "Cameroonian authorities".
The former mayor continues with his testimony Tuesday, when the prosecution is expected to complete its cross-questioning. Semanza's testimony will mark the end of the defence case. Closing arguments by defence and prosecution are scheduled for May.
The case started on October 16th, 2000 before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0225e)
FEBRUARY 20th, 2002
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ICTR/ SEMANZA
FORMER MAYOR SAYS HE DID NOT SANCTION KILLINGS
Arusha, February 20th, 2002 (FH) - Former Rwandan mayor and genocide suspect Laurent Semanza on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that he was unaware of, and did not participate in the planning of killings in 1994. Some one million people died in the genocide, according to an official Rwandan survey.
Semanza has been testifying in his own defence before the ICTR for five days. "I could not even watch someone slaughter a chicken and even while driving a vehicle, I could not even run over a snake, I would stop and let it pass," he said.
The former mayor of Bicumbi in Kigali Rural province, central Rwanda, said if he had known there had been "planning to commit such crimes" (that occurred in 1994), he would have objected. "I would have denounced those plans", he said.
Semanza said in response to his own lawyers' questions that during his tenure as mayor, he tried to create harmony between Hutus and Tutsis in his commune. Charles Taku of Cameroon and USA and Sadikou Alao of Benin are representing him.
Most of the hearing on Wednesday was in closed session at the request of Semanza's defence. At the end of his testimony, Semanza addressed the court, attempting to raise particular legal issues. "I am here almost at the end of my trial without being able to understand the documents," he said. The court advised him to focus on the evidence against him as testified by prosecution witnesses.
Semanza said that the allegations against him were not true and that the witnesses had "fabricated" their evidence. He said that having been a mayor in Bicumbi commune for close to thirty years, he would not have turned back to destroy the development projects he implemented and to destroy the people there who helped him.
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
Semanza continues his testimony on Thursday morning with cross-questioning by the prosecution.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0220g)
FEBRUARY 18th, 2002
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ICTR/ SEMANZA
SEMANZA SAYS HE WAS WRONGFULLY ARRESTED
Arusha, February 18th, 2002 (FH) - Former Rwandan mayor Laurent Semanza, on trial for genocide before the International Criminal Tribunal for Rwanda (ICTR) told the court on Monday that he had been wrongfully arrested and detained.
Semanza, who is testifying on his own defence, said that some details in a statement he made on his arrest in 1996 had been "erased". He also said it had been discovered that some recordings of his voice, allegedly made in 1994, had been recorded in 1996. "But they still keep me in detention," he said.
Semanza, 57, is a former mayor of Bicumbi in Kigali Rural province, central Rwanda. He was arrested in Cameroon in 1996 and transferred to the United Nations Detention Facility (UNDF) in Arusha in November 1997.
On Monday, Semanza gave details of his flight from Rwanda in 1994, through ex-Zaire, Central African Republic and finally to Cameroon. He said he stayed there until 1996, when he was arrested along with eleven other people.
He said that the gendarmerie in Cameroon informed them that the arrest was made on the basis of a warrant issued by the Kigali (Rwandan) government. "We were questioned and later transferred to a local prison", he said.
The former mayor told the court that some out of the twelve arrested in Cameroon were released. But others including himself and Jean-Bosco Barayagwiza, who is also facing trial at the ICTR, were detained. He added that when they asked for a letter explaining why they were to remain in custody, an officer in charge of the prison said he had received a phone call to that effect. Later, Semanza was transferred to the ICTR detention facility.
Semanza said he later noted that some parts of the statement he made had been "rubbed" (out). He said he noted in particular the date that he indicated he had left his home in Bicumbi; April 9th 1994, had been “erased”.
"When we got to Arusha, you recall that the [ICTR] Appeals Chambers decided to release Jean-Bosco Barayagwiza. But unfortunately for him, when Kigali reacted robustly he was not released," said Semanza. "Indeed I am not the only one to have suffered injustice in this Tribunal," he added.
Barayagwiza is one of three accused in the so-called Media Trial also before the ICTR. In 1999, the ICTR Appeals Chamber ordered him released, on the grounds that his rights had been grossly violated during provisional detention. However, the Appeals Chamber reversed its decision after the Prosecutor presented "new facts" to the court.
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
He started his testimony on February 13th and is the last witness before the defence closes its case. He will continue testifying on Tuesday morning.
This case started on October 16th, 2000, before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JA/FH (SE-0218g)
FEBRUARY 13th 2002
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ICTR/ SEMANZA
FAMILY MEMBERS, NEIGHBOURS WERE KILLED, SAYS SEMANZA
Arusha, February 13th, 2002 (FH) - Former Rwandan mayor Laurent Semanza, testifying in his own genocide trial, on Wednesday told the International
Criminal Tribunal for Rwanda (ICTR) that his family members and neighbours were killed in 1994 by the pro-Tutsi Rwandan Patriotic Front (RPF).
He said that about 84 people were killed during attacks between April 8th and April 14th, 1994. "There were (among them) my brothers and friends," he
said. He told the court that he learned the information from surviving refugees who fled to Goma (in ex-Zaire) and found him there. He said he left Bicumbi with his family on April 8th and finally fled to Goma.
Semanza said he was godfather to about 15 Tutsi children. He said he was told that where the killers could identify these children as Tutsis, they were killed.
The accused is a former mayor of Bicumbi in Kigali Rural province, central Rwanda. He has pleaded not guilty to 14 counts of genocide and crimes against humanity. The prosecution says he helped plan, organize and carry out massacres of Tutsis in Bicumbi and Gikoro communes during the 1994 genocide in Rwanda.
Semanza told the court that many people went to his house in April 1994, to seek refuge and to find out why gunshots could be heard. These people were both Hutus and Tutsis, he added. "I was made to understand that the RPFon its arrival killed some of these people".
The former mayor started his testimony Wednesday morning. He is the last witness in the trial. Semanza was responding to questions from his lead counsel Charles Taku of Cameroon and USA.
He gave details about his family and previous working experience before he became mayor. Semanza said he originally had ten children but lost two. He dabbed his eyes as he told the court how one child died of cholera when they were in exile in Goma. His testimony continues on Thursday.
Arguments
The start of Semanza's testimony was delayed by argument over who would conduct the examination of the witness. Defence wanted both Taku and co-counsel Sadikou Alao of Benin to conduct it, but prosecution argued that it should be done by one lawyer only.
Defence argued that Semanza was "no ordinary witness". "He has been waiting for this day for the last six years," Taku said.
The procedure in this Trial Chamber has been that one counsel handles one accused. But the court reconsidered this decision and granted the appeal by Semanza's defence.
The trial started on October 16th, 2000 before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0213f)
*
FEBRUARY 13th, 2002
______________________________________________
ICTR/ SEMANZA
RWANDAN EX-MAYOR DEFENDS HIMSELF IN GENOCIDE TRIAL
Arusha, February 13th, 2002 (FH) - Former Rwandan mayor Laurent Semanza on Wednesday started testifying in his own defence before the International
Criminal Tribunal for Rwanda (ICTR). Semanza is the last witness in his own genocide trial.
The accused is a former mayor of Bicumbi in Kigali Rural province, central Rwanda. He has pleaded not guilty to 14 counts of genocide and crimes against humanity. The prosecution says he helped plan, organize and carry out massacres of Tutsis in Bicumbi and Gikoro communes during the 1994 genocide in Rwanda.
At the start of his testimony, Semanza, 58, said he was born in Musasa commune and attended Rwankuba Primary School in Rushashi commune, Kigali
Rural. Semanza told the court that he went to school with both Hutus and Tutsis and had "good relations" with Tutsis.
He also said that his family had good relations with the Catholic Church. "I am a Catholic," he said, in response to questioning from his lawyer, Charles Taku of Cameroon and USA. "I am married with eight children. Initially I had ten but I lost two."
Semanza was mayor of Bicumbi until 1993. At the time of the genocide, he was a nominated member of parliament of the former presidential party MRND, and was allegedly very influential.
He was arrested in Cameroon and transferred to the UN Detention Facility in Arusha in November, 1997.
Prosecution maintains that Semanza was instrumental in killings of refugees at the Musha Parish in Gikoro commune, near Bicumbi. He allegedly led attacks on villagers in Bicumbi and Gikoro between April 9th and April 13th, 1994. Prosecution also says that Semanza personally participated in the killing of refugees at Musha church on April 13th, 1994.
His defence maintains that his indictment is a result of "political vendetta". A number of defence witnesses have testified that he was "an exemplary leader" and was well loved by the people in Bicumbi commune. Some defence witnesses testified that Semanza fled Bicumbi on the night of April 8th, 1994.
The trial started on October 16th, 2000, before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd
George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0213e)
* FEBRUARY 12th, 2002
______________________________________________
ICTR/ SEMANZA
COURT REJECTS DEFENCE APPEAL TO DELAY SEMANZA TESTIMONY
Arusha, February 12th, 2002 (FH) - Former Bicumbi mayor Laurent Semanza is scheduled to start testifying in his own defence Wednesday morning before the International Criminal Tribunal for Rwanda (ICTR). The last factual witness completed his testimony on Tuesday.
ICTR's Trial Chamber Three, which is hearing the case, denied an oral application by Semanza's defence for extra time to "read transcripts" before Semanza testifies. "I don't understand the link between the examination in chief and transcripts," presiding judge Yakov Ostrovsky of Russia told defence.
"I just want to add that the prosecution closed its case in April. Defence did not start until October, clearly there has been ample time for you to prepare," added Judge Lloyd George Williams of St Kitts and Nevis.
Semanza's lead counsel Charles Taku of Cameroon and USA argued that his team did not have all the transcripts from the proceedings, but Registry said they were all ready. The court ruled that the accused would start his testimony Wednesday morning.
The last factual defence witness, Antoine Nyetera, completed his testimony on Tuesday. Nyetera is a Tutsi of royal descent. He started his testimony last week. Twenty-three other factual witnesses and an expert witness testified for the defence.
In his testimony Nyetera repeatedly told the court that the killings in Rwanda in 1994 were "not planned". He also said that the pro-Tutsi Rwandan Patriotic Front (RPF) were responsible for part of the killings in 1994.
Nyetera also gave a long historical background on socio-political issues in Rwanda. His testimony was interrupted by lengthy technical debates raised by both the defence and the prosecution.
Nyetera was initially listed as an expert witness, but the court ruled that he would testify as a factual witness after prosecution raised objections over his expertise on specific issues relevant to the proceedings.
On Semanza, Nyetera said that he was not as influential politically as he had been portrayed. He added that Semanza was not known nationwide but had good relations with the people in his commune and that his commune was ahead of others in terms of economic development. "I never saw Semanza in Presidential lunches," the witness said.
Semanza is charged with 14 counts of genocide, conspiracy to commitgenocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The trial started on October 16th, 2000 before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0212e)
FEBRUARY 11th, 2002
______________________________________________
ICTR/ SEMANZA
SEMANZA "NOT INFLUENTIAL", SAYS DEFENCE WITNESS
Arusha, February 11th, 2002 (FH) - One defence witness in the genocide trial of former Bicumbi mayor Laurent Semanza on Monday told the International Criminal Tribunal for Rwanda (ICTR) that the accused was not as powerful as he had been portrayed. This view contradicts several prosecution witnesses who referred to Semanza as a "powerful and influential man".
"I have said it and I confirm that for me he was not an important person in the Republic of Rwanda," Antoine Nyetera told the court. Nyetera, a Tutsi of royal descent, is the 25th defence witness in the case.
Nyetera said Semanza had no control over the military as alleged, and had no political power by 1993 because he was no longer mayor. "We never had a situation where a civilian had control over the military," Nyetera said.
A prosecution witness, French sociologist André Guichaoua, said in his testimony last year that research he conducted in the Bicumbi area prompted him to title his report "Semanza: Le Grand Bourgmestre" (Semanza The Great Mayor).
Nyetera also told the court that Semanza was not as rich as alleged. He said Semanza had property acquired through loans, but that this could be considered as "average" compared to other rich people in Rwanda at the time. "He was not rich, he had two houses which were not even four-storied," said Nyetera.
The witness told the court he had heard that Semanza left the district together with his whole family on the night of April 8th, 1994. He said Semanza could not have been at the Musha Parish Church in Gikoro district. "I don't believe he had the ability to be in two places at the same time," Nyetera commented.
Prosecution witnesses have testified that Semanza was involved in the killing of Tutsis who sought refuge in the Musha Parish in Gikoro commune, near Bicumbi. Semanza allegedly committed the crimes between April 9th and 13th, 1994.
Prosecution raised frequent objections during Nyetera's testimony, sometimes prompting the Chamber to intervene. Prosecutor Chile Eboe Osuji of Canada and Nigeria argued that the witness was giving opinions like an expert witness, and yet he was not one.
The court said there was "a delicate line" between what a factual witness and what and expert witness could say. It reminded Nyetera to keep to relevant issues, but allowed him to continue.
Nyetera was initially listed as an expert witness but the court ruled that he would testify as a factual witness after prosecution raised objections over his expertise.
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty. His defence maintains that he is a victim of "political vendetta".
Nyetera continues with his testimony on Tuesday morning with cross-questioning by the prosecution.
The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0210e)
FEBRUARY 7th 2002
______________________________________________
ICTR/ SEMANZA
DEFENCE EXPERT WITNESS REJECTED, COMPETENCE OF ANOTHER QUESTIONED
Arusha, February 7th, 2002 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Thursday upheld an earlier decision rejecting a scheduled defence expert witness in the trial of former Bicumbi mayor Laurent Semanza. It also ruled that another witness would not testify as an expert but could give evidence as a factual witness.
The court said that although the Chamber sympathized with the defence position, it found itself without the requisite legal instruments to revert a previous decision barring the third expert witness.
On January 29th, the court ruled that French forensic expert Dominique Lecomte would not testify because the defence had failed to meet a deadline for submission of his written report. But Semanza's defence argued in a motion on Wednesday that administrative delays by the ICTR Registry had made it impossible for defence to meet the deadline.
The defence suffered another blow when the court ruled that the second and remaining scheduled expert, Antoine Nyetera, could not testify as an expert witness because he did not have the required expertise in any relevant aspect that the Chamber is dealing with.
The prosecution objected to Nyetera testifying as an expert, questioning whether his qualifications as a fine artist were enough to make him an expert witness.
Nyetera told the court: "I devoted myself for more than 40 years of my life to culture historical, sociological and political analysis," Nyetera said. He said part of these activities included a recent paper he wrote on "The Roots of the Tutsi-Hutu conflict."
The court ruled that Nyetera would now testify as a factual witness. It warned that the testimony should concentrate on specific aspects.
Defence had earlier spent a lot of time raising issues on crimes allegedly committed by the Rwandan Patriotic Front (RPF), while "forgetting Semanza", said the court. "There has to be a nexus with the Accused," said presiding judge Yakov Ostrovsky of Russia.
Nyetera, a Rwandan Tutsi of royal descent, presented his credentials on Thursday morning, saying he was a Tutsi from the seventh generation of King Kigeli III Ndabarasa. He also gave a chronology of his academic and professional activities.
Nyetera started his testimony in the afternoon. He said that Semanza had a very good relationship with the people in his commune. "He served all well, without prejudice or discrimination," he added.
The witness told the court that if there was any commune that was different from all others in terms of development, it was Bicumbi (Kigali province in central Rwanda). He said Semanza kept up annually with the scheduled economic development plan of the commune, throughout his tenure as mayor. Semanza was mayor for close to 20 years, until he lost his post in 1993.
Semanza is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty. His defence maintains that he is a victim of "political vendetta".
The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0207e)
FEBRUARY 6th, 2002
_______________________
ICTR/ SEMANZA
DEFENCE WANTS EXPERT WITNESS REINSTATED
Arusha, February 6th, 2002 (FH) - Lawyers for former Bicumbi mayor Laurent Semanza on Wenesday urged the International Criminal Tribunal for Rwanda (ICTR) to reverse a previous ruling, barring one of its expert witnesses from testifying in his genocide trial.
The court had earlier ruled that a French forensic expert, Dominique Lecomte, would not testify because the defence had failed to meet a deadline to submit his written report.
But Semanza's co-counsel Sadikou Alao of Benin blamed delays on the ICTR Registry and said the defence had been unable to meet the court's deadline. "The expeditious proceedings of the court were not at par with the administrative machinery," he argued.
He said the Tribunal had not made timely arrangements for the expert to travel to Rwanda to complete his report. The court will deliberate before handing down a decision.
Defence had scheduled three expert witnesses, plus the testimony of the accused, before closing its case. Their first expert witness, former Rwandan minister Professor Pascal Ndengejeho, completed his testimony on Tuesday. Twenty-four defence witnesses have testified so far, including Professor Ndengejeho.
The second defence expert witness, Antoine Nyetera, is scheduled to start his testimony on Thursday. He is a Tutsi of royal descent. Lecomte, if he is admitted, would be the third expert.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The case is before ICTR's Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0206f)
FEBRUARY 6th, 2002
______________________________________________
ICTR/ SEMANZA
RWANDA IN ROW WITH DEFENCE OVER ALLEGED THREATS
Arusha, February 6th, 2002 (FH) - The defence team of former Bicumbi mayor Laurent Semanza, on trial for genocide before the International Criminal Tribunal for Rwanda (ICTR), on Wednesday claimed that two Rwandan members of their team had received threatening messages from Kigali.
But in a swift reaction shortly afterwards, Rwanda's representative to the ICTR Martin Ngoga denied the claims, saying they were "criminal in nature" and that Kigali "dismisses these allegations with contempt".
Semanza's co-counsel Sadikou Alao of Benin told the court that one of his investigators, Joseph Mushyandi, had received an E-mail message threatening him and saying that he should leave Arusha immediately.
Alao said that another investigator, Aloys Nyilingondo, was also sent a message stating that he should leave Arusha otherwise "his life was in danger". The defence counsel said these messages originated from the "Kigali Intelligence" and that they came from "sufficiently high levels". According to Alao, the investigators are in danger of being "kidnapped" by Rwandan policemen present in Arusha.
In a written statement, Ngoga said the claims were part of a wider campaign by defence teams at the ICTR to malign the Government of Rwanda. Ngoga said the ICTR Chambers should not allow themselves to become defence counsels' forum for slandering third parties not involved in the proceedings.
"The Government of Rwanda observes that the authority of the Tribunal will better serve the purpose for which it was created, and put its resources to proper use if it will accordingly deal with elements of gross irresponsibility and lack of seriousness taking place in its structures," says Ngoga's statement. He says that "there is immediate need for the Tribunal to reassert its authority and maintain the dignity and integrity of its proceedings".
"Don't panic!"
"We do not want to panic, we want to remain serene, but at the same time we thought it was better to bring it to your attention," Alao told the court. He showed copies of the messages, which are in Kinyarwanda, and said he would forward them to the Chamber.
Prosecution said it had no knowledge of the issue until defence brought it up in court. Prosecutor Chile Eboe Osuji of Canada and Nigeria said there ought to be "selectivity" in what was brought before the court. "We don't know when somebody is crying wolf," he said.
Commenting on the issue, judge Lloyd Williams of St Kitts and Nevis said the defence could have discussed the issue out of the Chambers, before coming to court and "making a public display." The court asked the Registry to investigate the issue.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The case is before ICTR's Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0206e)
JANUARY 5th, 2002
______________________________________________
ICTR/ SEMANZA
RWANDA KILLINGS WERE NOT GENOCIDE, SAYS WITNESS
Arusha, February 5th, 2002 (FH) - The killings in Rwanda in 1994 were not genocide, a defence expert witness in the trial of former Bicumbi mayor Laurent Semanza told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
At the end of his testimony, Professor Pascal Ndengejeho, a former Rwandan Minister, told the court that the bloody 1994 events in Rwanda were "massacres", not genocide. "There were very serious massacres, and people should be punished, but there was no genocide," Ndengejeho said.
Ndengejeho was responding to questions from the judges. The presiding judge, Yakov Ostrosvky of Russia, asked him to clarify his earlier testimony on the definition of genocide. The witness said the "general definition" of genocide did not apply to the 1994 events in Rwanda.
"I don’t have an answer for Rwanda. Of course if you talk to me about Germany with the Nazis, that is a different matter," Ndengejeho said.
Ndengejeho said that the 1994 killings in Rwanda were not planned or premeditated, and therefore could not be classified as genocide.
According to Ndengejeho, even the Tutsis "committed massacres, without the intention of eliminating any race".
In reply to a separate question by judge Lloyd Williams of St Kitts and Nevis, who sought the witness's definition of "Interahamwe" (pro-Hutu militia), Ndengejeho said that up to April 6th, 1994, Interahamwe were the youth wing of the presidential party MRND.
He added that after April 1994, the term Interahamwe acquired a "different meaning". The witness claimed that the pro-Tutsi Rwandan Patriotic Front (RPF) killed those wearing uniform of the Interahamwe. Prosecution witnesses had testified of Interahamwe killing Tutsis.
During his testimony on Monday, Ndengejeho had claimed that about two million Hutus were killed in and outside Rwanda after July 1994. Those killed out of Rwanda, he said, included refugees in camps in ex-Zaire, now Democratic Republic of Congo.
He had also testified that if the term "genocide" were used, it should apply to "both camps", the Hutus killed by Tutsis from October 1st 1990 up to 1994, and the Tutsis killed during the 1994 events.
Ndengejeho started his testimony in Semanza's trial on January 28th. Another expert witness, Antoine Nyetera is set to start testifying on Thursday. Nyetera is a Tutsi of royal descent.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0205e)
FEBRUARY 1st, 2002
______________________________________________
ICTR/ SEMANZA
TUTSIS STARTED KILLINGS THAT CULMINATED IN 1994, CLAIMS WITNESS
Arusha, February 1st 2002 (FH) - A Tutsi attack launched from Uganda was the genesis of the killings in Rwanda in 1994, an expert defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Thursday.
Professor Pascal Ndengejeho, a former Rwandan Minister, was testifying in the genocide trial of ex-mayor Laurent Semanza. He told the court that methods used by Tutsis to kill in the 1960s were exactly the same as those that were used by "RPF and RPA in 1990-1994".
"It is clear in the two cases that it is Tutsis who started killing Hutus," the witness claimed during cross-questioning. He began his testimony on Monday.
The Rwandan Patriotic Front (RPF), whose military wing was renamed Rwandan Patriotic Army (RPA), took power in Rwanda in July 1994, ending the anti-Tutsi genocide which occurred under a Hutu regime.
The prosecution challenged the relevance of Ndengejeho's published works, which included books on fighting ticks in livestock. However, the witness said his previous political positions gave him enough knowledge to appear as an expert.
Responding to questions from Chile Eboe Osuji of Canada and Nigeria, the witness reiterated that he questioned the definition of "genocide". Ndengejeho said that if the killings in 1994 were regarded as genocide, then killings where Hutus were victims should also be considered as genocide.
Ndengejeho testified that atrocious massacres were carried out against the Hutus in areas such as Kibungo, Kigali and Gitarama. "We cannot ignore the large scale massacres of Hutus," he told the court.
The witness said Hutus endured massacres with "men being hanged, women eviscerated, small children being cut up into pieces". According to Ndengejeho, between October 1st 1990 and April 6th, 1994, Tutsi attacks claimed Hutu victims. He said that if the killings from April to June 1994 constituted genocide, then this term should apply to "both camps".
Ndengejeho said the Tutsis in 1994 used tactics similar to those used in the 1960s, where a situation of war was created. He told the court that "lying is the very basis of Tutsi culture", and that the Tutsi considered themselves superior because they could manipulate lies. Prosecution took issue with this statement. "Is that what you would tell people as the Minister for Information?" Osuji asked.
Ndengejeho said the Rwandan Patriotic Front (RPF) attacks of 1990 should be considered in a historical content. To Hutus, he said, the attacks signaled a return to the feudal system where they would be subjected to forced labour, taxation and beatings by the Tutsi.
On Semanza, Ndengejeho reiterated that the former mayor was popular with his people. He denied knowledge of allegations that Semanza carried out raids especially against opposition opponents and those who disagreed with him.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
Ndengejeho is to continue his testimony on Monday. The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0201e)
JANUARY 30th, 2002
______________________________________________
ICTR/ SEMANZA
RWANDAN EX-MAYOR BOYCOTTS GENOCIDE TRIAL HEARING
Arusha, January 30th, 2002 (FH) - Former Bicumbi mayor Laurent Semanza on Wednesday morning boycotted his genocide trial, in protest at the International Criminal Tribunal for Rwanda's Tuesday decision that one of his expert defence witnesses would not testify. However, his boycott appeared to have been short-lived as he later reappeared in court.
"The accused refused to come because he was unhappy with yesterday's decision," a representative of the Registry told the judges. Semanza's defence also wrote to the court calling for a suspension of proceedings to sort out the expert witness issue.
On Tuesday, the court ruled that one of two remaining expert witnesses would not testify because the defence had contravened an earlier ruling. The court said the defence had not presented the report of scheduled French forensic expert Dominique Lecomte by the expected deadline, despite being granted more time.
Semanza's defence claimed in vain that they were not at fault, and instead blamed the "operations of the Tribunal". The defence maintained this stand on Wednesday through its letter, which was read out by presiding judge Yakov Ostrovsky of Russia.
Lead counsel Charles Taku of Cameroon/USA said that before delivering its ruling, the court did not adequately consider new information submitted by the defence. He urged the court to suspend proceedings so defence could prepare an appeal against the ruling.
The defence wants to call an official from the UN Witness Protection Unit, which it blames partly for its woes. Defence says Witness Protection did not make timely travel arrangements for the witness to go to Rwanda.
The court replied that the defence letter was "misconceived and ill advised" and that its behaviour was "not tolerable in a national, let alone international court". It told the defence to put its appeal in writing.
The court also ruled that proceedings would continue with or without the accused, and that it was his right to appear or be absent from the proceedings.
Professor Pascal Ndengejeho a former Rwandan Minister then continued his testimony as an expert witness. He had started testifying on Monday. The accused Semanza reappeared in court shortly after the testimony started.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, includingrape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
Prosecution maintains that he was involved in planning the killing of Tutsis, including training of militia and distribution of weapons in his commune. Semanza allegedly committed the crimes between April 9th and 13th, 1994.
His defence says that the former mayor is a "victim of political vendetta." A number of defence witnesses testified that Semanza was a "good leader who did a lot for his people".
The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0130e)
JANUARY 29th, 2002
______________________________________________
ICTR/ SEMANZA
RPF "FRAMED" MILITIA FOR KILLINGS, WITNESS CLAIMS
Arusha, January 29th, 2002 (FH) - An expert defence witness in the trial of former Bicumbi mayor Laurent Semanza on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that the 1994 genocide was not planned and that the pro-Tutsi Rwandan Patriotic Front (RPF) carried out killings that were attributed to Hutu militia groups.
Also on Tuesday, the court ruled that one of the two remaining expert witnesses would not testify because the defence had contravened an earlier ruling. Semanza's defence tried to explain in vain that they were not at fault and instead blamed the "operations of the Tribunal".
The court said the defence had not presented the report of scheduled forensic expert Dominique Lecomte by the expected deadline, despite being granted more time.
Testifying for the second day, former Rwandan minister Professor Pascal Ndengejeho said the scale of the 1994 killings meant they could not have been planned, but that people responded spontaneously to political unrest.
Ndengejeho claimed that violence was looming, due to unrest stirred by political parties. "If elections had taken place as planned, there would have been violence," he said. He questioned the definition of genocide. "If a Tutsi kills a Tutsi, is it genocide? If a Hutu kills a Hutu, is it genocide?" he asked.
The witness said the killings that took place in Rwanda in 1994 should be considered in a historical context dating back to the 1950s and 1960s. "What happened in 1994, is a continuation of what happened in 1960," Ndengejeho said.
Ndengejeho said that the RPF participated in killings, but that it was "a well kept secret". "Many people of the RPF were involved in the massacres," he said. He also told the court that some of the activities by the Rwandan Patriotic Front in 1994 were "blamed on the Interahamwe (Hutu militia)."
He told the court that the RPF connived to use the media by directing journalists to specific areas during the events, where they "made up so much information". He said some of the corpses they claimed were Tutsis included Hutu victims.
The witness said that the death of former president Juvènal Habyarimana was the direct cause of the magnitude of the massacres. He said he was "certain" that if Habyarimana were still alive, the situation would not have been the same.
Ndengejeho was Rwanda's Minister for Information from 1992 to 1993. He also held various administrative and political positions in Rwanda.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
Ndengejeho's testimony continues before ICTR's Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE-0129e)
* JANUARY 28th, 2002
______________________________________________
ICTR/ SEMANZA
SEMANZA TRIAL RESUMES AS DEFENCE CASE NEARS CLOSURE
Arusha, January 28th, 2002 (FH) - The genocide trial of former Bicumbi mayor Laurent Semanza resumed on Monday before the International Criminal Tribunal for Rwanda (ICTR), with a lengthy debate over whether a former Rwandan minister should be allowed to testify as an expert witness.
The court finally decided that Professor Pascal Ndengejeho could testify, but that he should limit his testimony to specific parts of his written submission. Ndengejeho is one of three expert witnesses expected to testify. The accused Semanza is also set to testify before defence closes its case.
Ndengejeho was Rwanda's Minister for Information from 1992 to 1993. He also deputized for the Minister of Foreign Affairs during the 1992-1993 Arusha peace talks for Rwanda. He is to concentrate on two chapters of his written submission: "Conflict in Rwanda" and "The Great Bourgmestre (mayor) Laurent Semanza".
Prosecution maintained that there was no basis for Ndengejeho to be admitted as an expert witness. But the court ruled that although the defence had failed to sufficiently present Ndengejeho's specific expertise, he would testify on the specified issues in the interest of justice. The witness then began his testimony.
The other two expert witnesses expected are Antoine Nyetera, a Rwandan Tutsi of royal origin, and a French forensic expert.
Semanza, a former mayor of Bicumbi (Kigali province in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The case is before ICTR's Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE_0128e)
NOVEMBER 28th, 2001
______________________________________________
ICTR/ SEMANZA
SEMANZA TRIAL ADJOURNED TO NEXT YEAR
Arusha, November 28th, 2001 (FH) - The genocide trial of former Rwandan mayor Laurent Semanza was on Wednesday adjourned until next year before the International Criminal Tribunal for Rwanda (ICTR), after the hearing of the 23rd defence witness. The court said the case would resume around January 21st-22nd.
Semanza is scheduled to testify in his own defence when the case resumes, according his counsel Charles Taku of Cameroon/USA and co-counsel Sadikou Alao of Benin. Three expert witnesses are also set to testify before the
defence closes its case.
The three experts are Pascal Ndengejeho, who was Minister for Information in Rwanda from 1992 to 1993; Antoine Nyetera, a Tutsi of royal origin; and a French forensic expert.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda) is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
Prosecution maintains that he was involved in massacres of Tutsis during the 1994 genocide. Semanza's defence say he is a "victim of political vendetta". A number of defence witnesses testified that Semanza was a "good leader who did a lot for his people".
The 23rd fact witness for the defence, dubbed "JAM" to shield her identity, was a Rwandan woman who testified in English. This is unusual, as most of the fact witnesses from Rwanda testify in Kinyarwanda. Most of her testimony was heard in closed session.
The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. The Chamber is also hearing the genocide trial of three former leaders from Cyangugu, south-west Rwanda.
SW/JC/DO/FH (SE_1128e)
NOVEMBER 27th, 2001
_
_____________________________________________
ICTR/ SEMANZA
SEMANZA WAS SOUGHT BY THE RPF, SAYS WITNESS
Arusha, November 27th, 2001 (FH) - Former Bicumbi mayor and genocide suspect Laurent Semanza was wanted by the Rwandan Patriotic Front (RPF) even before the 1994 events in Rwanda, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
The twenty- second defence witness, dubbed "BGN2" to shield his identity, told the court that "Semanza was said to have fled naked" because pro-Tutsi RPF rebels were after him when the killings started in April 1994. The witness said he had been told this by people who were near Semanza's home at the time.
BGN2 said that before the killings started, the RPF's Radio Muhabura announced that the rebels wanted Semanza to join them because he was an important person, who did a lot for his people. "RPF wanted him to become a member and even the people of Bicumbi to join them, but the people refused," said BGN2.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda) is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity including rape and persecution in Bicumbi and
Gikoro communes. He has pleaded not guilty.
BGN2 told the court that although he was not an eyewitness he heard people say that the RPF surrounded Semanza's house in April 1994 seeking to kill him. The witness said he (BGN2) fled Bicumbi on April 25th and while in flight saw Semanza in Gitarama on May 12th. He also said that: "We took the road to Goma (ex-Zaire) together" in May.
Another protected defence witness, "CYS", who testified on Monday and Tuesday, told the court he saw Semanza on April 9th, 1994, in Gitarama town, central Rwanda.
CYS said that he also saw Semanza in Gisenyi, western Rwanda, and again on a separate occasion among people who were going towards Zaire. "I saw Semanza, he was among people fleeing towards Zaire."
The prosecution maintains that between April 9th and 13th, 1994, Semanza went to various locations instigating killings in Bicumbi and Gikoro communes. According to prosecution, Semanza was also involved in the distribution of arms and training of militia. But both BGN2 and CYS told the court they did not see or hear of it in their locations.
The hearing continues Wednesday, with the testimony of the twenty-third defence witness before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/DO/FH (SE_1127e)
NOVEMBER 26th, 2001
_____________________
_________________________
ICTR/ SEMANZA
TRIAL OF FORMER BICUMBI MAYOR RESUMES
Arusha, November 26th, 2001 (FH) - The trial of former Bicumbi mayor and genocide suspect Laurent Semanza resumed on Monday at the International Criminal Tribunal for Rwanda (ICTR) with the testimony of two defence witnesses.
The witness hearings had been adjourned on November 14th after the hearing of nineteen defence witnesses. Defence said they were having difficulty bringing witnesses to Arusha.
On Monday, protected witnesses "MDB" and "CYS" testified. MDB, a Hutu woman, testified that Rwandan Patriotic Front (RPF) rebels arrived in her location (name withheld) a week after the death of former President Juvénal Habyarimana on April 6th, 1994.
It was the downing of Habyarimana's plane that sparked the genocide of some 800,000 Tutsis and moderate Hutus in less than three months. The Hutu authorities at the time claimed that massacres were spontaneous and inter-ethnic, and that they were provoked by an RPF invasion of Rwanda.
MDB told the court that she heard gunshots at night and that she and others fled towards the local commune offices. But people coming from the direction of the commune said it had been "attacked and captured by the Inkontanyi (derogatory term for Tutsis)", MDB told the court. Both MDB and CYS gave part of their testimonies in camera.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda) is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The hearing continues with cross-examination of CYS, before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/DO/FH (SE_1126e)
NOVEMBER 22nd 2001
ICTR/ SEMANZA
DEFENCE WANT JUDICIAL NOTICE OF EVENTS SURROUNDING GENOCIDE
Arusha, November 22nd, 2001 (FH) - Defence lawyers in the trial of former Rwandan mayor Laurent Semanza on Thursday asked the International Criminal Tribunal for Rwanda (ICTR) to take judicial notice of events surrounding the 1994 genocide in Rwanda.
Lead counsel Charles Taku of Cameroon/USA argued that it would save the court time to take judicial notice of historic facts that were "common knowledge". He also said that since there were systematic attacks by the pro-Tutsi Rwandan Patriotic Front (RPF) prior to the 1994 genocide, "one side should not be held accountable for all the killings" that occurred.
Taku urged the court to take notice of historical facts documented by UN and other reports, and also facts previously adjudicated by the court. These included the 1990 invasion of Rwanda by the RPF; the October 1990 ceasefire accord signed by the former government and RPF in Gbadolite (ex-Zaire) but which the RPF "repeatedly violated", according to Taku; the shooting down of the former president's 'plane that preceded the genocide; and the August 1993 Arusha peace accord between the warring parties that was never implemented.
Taku said it was documented that by May 1993, RPF forces controlled large sections of the country, and that in 1994 when these forces moved to Kigali "order collapsed in Rwanda."
Taku said he had introduced the motion in relation to some specific accusations in his client's indictment. Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
Prosecutor Chile Eboe Osuji (Canada/ Nigeria) said he did not contest the historical facts raised by the defence, but did oppose their conclusions on the consequences. For example, he said the prosecution did not contest that the RPF invaded Rwanda in 1990, but did not agree that the RPF violated the Gbadolite ceasefire, or that it moved from the demilitarised zone towards Kigali, as claimed by the defence.
The court will deliberate before handing down a decision. The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_1122E)
NOVEMBER 22nd, 2001
ICTR/SEMANZA
DEFENCE WANTS DOCUMENTS FROM ARRESTED TRANSLATOR
Arusha, November 22nd, 2001 (FH) The defence counsel for former Rwandan mayor and genocide suspect
Laurent Semanza
on Thursday asked judges of the International Criminal Tribunal for Rwanda (ICTR) to intervene over Tuesday night's arrest of a translator serving his team. Lawyer Charles Taku urged the court to assist in the recovery of documents from the translator which he said were sensitive.
The translator, going by the name Patrick Ssimbwa Bugingo, was arrested by the Tanzanian authorities over possession and use of a fake Ugandan passport. His real identity has not yet been revealed.
Reliable sources suggest that the translator is a Rwandan. He was hired three months ago, to assist in translating documents into Kinyarwanda (the Rwandan language) for Semanza. Taku (Cameroon/ US) insisted the man was not part of Semanza's defence team, but rather a "freelance translator hired by the Registry". He said the translator had been chosen by the ICTR Registry, despite the fact that the defence team had proposed another candidate.
Taku said he was not warned when the translator was "denounced", otherwise he would have liaised with the Registry to retrieve the documents. "We would have collaborated with the Registry but they ignored us," Taku told the court.
Prosecutor Chile Eboe Osuji said that although he had sympathy for the defence, the court should be cautious in interfering, because the matter was in the hands of local police authorities.
The court advised defence to contact the Registry and exhaust all possible means of retrieving the documents before requesting the Tribunal's intervention.
"Let it be on the record, so that in future they (the Registry) should contact the defence," said Taku.
This case is before the ICTR's Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_1122F)
NOVEMBER 21st, 2001
ICTR/ARREST
UN TRIBUNAL WORKER ARRESTED OVER FAKE IDENTITY
Arusha, November 21st, 2001 (FH) A translator working at the International Criminal Tribunal for Rwanda (ICTR) was on Tuesday night arrested by Tanzanian police over possession and use of a stolen Ugandan passport, reports the independent news agency Hirondelle.
Sources in the Tanzanian immigration department told Hirondelle that the translator was living under a false identity, using the name of Patrick Ssimbwa, a Ugandan citizen. "We have not yet established his true names and nationality," an immigration officer told Hirondelle.
The translator is employed by the ICTR under the names Patrick Ssimbwa Bugingo. He was hired in August 2001 to work for the defence team of former mayor of Bicumbi
Laurent Semanza
, currently on trial for genocide. Semanza had requested a translator into the Rwandan language Kinyarwanda, saying he did not understand either French or English very well.
The translator is the second ICTR employee to be arrested over fake identity. Former Rwandan regional prosecutor Simeon Nshamihigo was arrested in May after having worked as a defence investigator for about three years under a false Congolese name (Weza Sami Bahati) and passport. Nshamihigo is in ICTR detention awaiting trial for genocide and other related crimes.
The immigration officer said that the passport was number B121305. He added that the passport had been declared lost, and nullified by Ugandan authorities.
The immigration officer also said that the passport that was to expire in 2000 had been falsely extended to 2005. "The physical description of the holder also radically contradicts the looks of this man," he added.
The ICTR spokesperson could not be immediately reached for comment.
GG/JC/PHD/FH (AR_1121e)
NOVEMBER 14th, 2001
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_____________________________________________
ICTR/ SEMANZA
FORMER MAYOR'S TRIAL ADJOURNED FOR LACK OF WITNESSES
Arusha, November 14th, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Wednesday adjourned the genocide trial of former Rwandan mayor Laurent Semanza to November 20th, for lack of defence witnesses.
Semanza's lawyers told the court they were having difficulties bringing fact witnesses, and also asked for more time to produce the reports of two experts. They asked that hearings be postponed to 2002.
However, the court ruled that the remaining witnesses would be heard before the end of the year, with the exception of the accused himself, who will be heard after the end-of-year judicial break.
The court also gave the defence until the end of November to submit reports of the expert witnesses it wants to bring, or risk having those experts struck from the witness list. Semanza is represented by Charles Taku of Cameroon/USA and Sadikou Alao of Benin.
Nineteen defence witnesses have been heard so far. The last witness, a Hutu woman dubbed "PFM", testified mainly in camera. Defence plan to bring a further six witnesses.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The trial began on October 16th, 2000. It is before Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis, and Pavel Dolenc of Slovenia.
SW/JC/DO/FH (SE_1114e)
NOVEMBER 12th, 2001
______________________________________________
ICTR/ SEMANZA
SEMANZA WAS AN EXEMPLARY MAYOR, SAYS WITNESS
Arusha, November 12th, 2001 (FH) - Former Bicumbi mayor and genocide
suspect Laurent Semanza was an exemplary mayor who was on good terms with
the people in his commune and helped them to advance, a defence witness
told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
The witness, a Rwandan woman dubbed "KNU" to shield her identity, said that
in Bicumbi "there were no ethnic or religious problems and that was all due
to Semanza, because he did not practise discrimination".
According to KNU, Semanza built a health centre, paid school fees for needy
students and also built houses for some poor Tutsis. She named four Tutsis
who were assisted by Semanza.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda),
is charged with 14 counts of genocide, conspiracy to commit genocide, and
crimes against humanity including rape and persecution in Bicumbi and
Gikoro communes. He has pleaded not guilty.
Witness KNU is the 18th defence witness. She told the court that she was in
Semanza's residence when the death of former president Juvénal Habyarimana
was confirmed in a radio broadcast on April 7th, 1994.
Alibi
"I remember quite clearly that on the 7th, Mr Semanza stayed at home," said
KNU. She added that his attitude had changed, he appeared sad, and "it was
the first time I saw him smoking". KNU said that Semanza stayed at home
from the night of April 6th to late on April 8th when his house was
attacked and he fled to Gitarama with his family.
The witness told the court that a crowd of attackers armed with traditional
weapons surrounded the house on April 8th, and that the family fled in a
pick-up vehicle to the home of a friend in Gitarama. KNU said servants who
saw the attackers said they were RPF elements from Kajevuba and Tutsis from
Ruyinya.
The witness said she too fled with the family on the night of the 8th and
that she was still in her sleeping gown. She told the court she later heard
that the pick-up vehicle had been torched and the driver who had evacuated
them killed inside it.
Prosecution alleges that between April 9th and 13th, Semanza conspired with
the former mayor of Gikoro (Bicumbi) to plan and carry out massacres of
Tutsi refugees at Musha church (in Gikoro).
Cross-questioning KNU, prosecutor Chile Eboe Osuji (Canada/ Nigeria)
maintained that the witness was "making up" the story of the evacuation
from Semanza's residence. Had the witness not heard, he asked, that the
pick-up vehicle was torched in Mulire hills because it had been used to
transport people who were attacking refugees there? KNU answered that the
Mulire version of the story was not true.
Last week another defence witness, "CYM3", claimed to have seen Semanza in
Gitarama market on April 11th. Other defence witnesses have also told the
court Semanza's house was attacked by soldiers of the pro-Tutsi RPF just
after the downing of the former president's plane on April 6th, forcing the
accused to flee to Gitarama.
At the start of Monday's hearing, the court heard a defence request for
more time to present factual witnesses because some cannot come to Arusha
until January. Semanza's lawyers Charles Taku of Cameroon/USA and Sadikou
Alao of Benin also asked for more time to present a report by expert
witnesses scheduled to testify. The court said a decision would be
announced later.
The case is before Trial Chamber Three of the ICTR, composed of judges
Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts
and Nevis and Pavel Dolenc of Slovenia.
SW/JC/DO/FH (SE_1112e)
NOVEMBER 7th, 2001
ICTR/ SEMANZA
SEMANZA TO TESTIFY IN HIS OWN DEFENCE
Arusha, November 7th, 2001 (FH) Judges of the International Criminal
Tribunal for Rwanda (ICTR) on Wednesday authorized former Rwandan mayor and
genocide suspect Laurent Semanza to testify in his own defence.
Semanza's defence team won approval to add the accused to their list of
defence witnesses, despite opposition from prosecution. The accused's
defence lawyers are Charles Taku of the US and Cameroon, and Sadikou Alao
of Benin.
Prosecutor Chile Eboe Osuji (Canada/ Nigeria) opposed the defence request
on grounds that Semanza should not have been present during the testimonies
of other defence witnesses. Defence countered that the accused had a right
to be present at all stages of his trial.
The defence also asked on Wednesday to have admitted the report of a
forensic expert that had been withdrawn by the prosecution. Semanza's
lawyers said it contained exculpatory evidence that the court should take
into account.
Prosecution maintained that the defence should initiate moves of its own to
bring the witness. The court will deliberate before handing down a decision.
This case began in October 2000 before the ICTR's Trial Chamber Three,
composed of judges
Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Saint Kitts
and Nevis, and
Pavel Dolenc of Slovenia. Defence had presented 17 witnesses when the trial
adjourned on Wednesday. The 18th was expected to start testifying on Monday.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda),
is charged with 14 counts of genocide, conspiracy to commit genocide and
crimes against humanity, including rape and persecution in Bicumbi and
Gikoro communes. He has pleaded not guilty.
Semanza, 57, was mayor of Bicumbi for 20 years. At the time of the 1994
genocide in Rwanda he had been nominated a member of parliament of the
presidential party MRND for the transitional assembly to be set up under
the Arusha peace accord. However, former president Juvénal Habyarimana's
death on April 6th, 1994, the war and genocide which followed prevented
implementation of the Arusha agreement.
AT/JC/FH (SE_1107E)
NOVEMBER 7th 2001
ICTR/ SEMANZA
TRIAL OF FORMER MAYOR ADJOURNED TO NEXT WEEK
Arusha, November 7th, 2001 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Wednesday adjourned the trial of former Bicumbi mayor Laurent Semanza to next Monday because a defence witness expected to testify had not yet arrived.
Wednesday's hearing started in closed session. The Registry later told the court that the ICTR witness protection unit was facing some difficulties in bringing witnesses to Arusha and that it would inform the court on progress by the end of Wednesday.
Three defence witnesses were expected to testify this week but only two did. The 17th defence witness known as "ZC" to shield identity testified on Tuesday, while the 16th, "CYM3", testified on Monday.
Before adjournment, the court heard arguments by Semanza's defence counsel Charles Taku of Cameroon/USA and Sadikou Alao of Benin, on issues that they had presented earlier in court.
The defence sought to withdraw an expert witness that they had asked the court to add to their list of witnesses only last week. The court on Monday allowed the defence to add to their list the potential expert witness General Kwame Anyidoho, who was deputy commander with the UN peacekeeping force in Rwanda in 1994, and two others.
The other two are Pascal Ndengejeho a former minister in Rwanda (1992-1993) and Antoine Nyetera, a Tutsi of the royal family. The defence had wanted four expert witnesses added to their list, but the court approved only three.
Prosecutor Chile Eboe Osuji of Canada objected to an "explanation" by Alao as to why Semanza's defence was withdrawing Anyidoho as a potential expert witness. Alao said that their witness would never "have been allowed to testify, let alone give a report to the Tribunal."
Alao also claimed that the media had already speculated on what questions the defence would ask Anyidoho. He did not elaborate which media he was referring to.
Osuji objected, saying that if the defence dropped a witness, it was needless to debate on what evidence that witness would have given in court.
The trial is before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_1107e)
NOVEMBER 1st 2001
ICTR/ SEMANZA
DEFENCE SEEKS TO INCREASE LIST OF WITNESSES
Arusha, November 1st, 2001 (FH) - The defence team of genocide suspects and former Bicumbi mayor Laurent Semanza on Thursday made a submission to the International Criminal Tribunal for Rwanda (ICTR) seeking to add four experts to their list of defence witnesses.
Lead counsel Charles Taku of Cameroon/USA and co-counsel Sadikou Alao of Benin presented their arguments for the acceptance of the four: Dr Pascal Ndengejeho, a former MDR party member and former Minister of Information in Rwanda (1992-93); Antoine Nyetera, a Tutsi of the royal family; Max Hilaire, an American expert who will testify on international responsibility on the Rwandan situation; and General Henry Kwame Anyihodo, a former deputy chief of the UN peace keeping force in Rwanda.
Semanza's defence said the witnesses would give evidence on various issues, including inter- ethnic relations in Rwanda from the colonial period, the socio-historic context to the 1994 events and the "moral of the Arusha Peace Accord", among other things.
Part of the testimony of these witnesses, according to Alao, would be on events that took place in Bicumbi and Gikoro communes, where Semanza is alleged to have committed his crimes. The witnesses would also tell the court the state of the United Nations Assistance Mission to Rwanda (UNAMIR) relationship with the previous government in Rwanda and with the pro-Tutsi Rwandan Patriotic Front (RPF), the counsel said.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda) is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
In their submission, the defence said that the proposed expert witnesses would "shed light on concepts like Inkontanyi (derogatory term for Tutsi), Interahamwe (militia)" and other concepts in relation to their client.
Prosecutor Chile Eboe Osuji asked the court to order the defence to produce the reports of the expert witnesses in two weeks. However, the defence argued that until the court had ruled on whether they would be included in the list of witnesses, the experts were not in a position to prepare and forward reports.
The court said a ruling on expert witnesses would be delivered in due course. Meanwhile, the defence was asked to provide information on the next factual witness on Friday.
The court heard the defence submissions on Thursday because there were no more witnesses in Arusha after a protected witness, CBN, finished her testimony on Wednesday. The defence told the court that the ICTR Witness Protection Unit was making arrangements for the travel of some witnesses who were expected to arrive in Arusha soon.
The ICTR allowed the defence witness to present a written statement as evidence because she was pregnant and unable to sit through her testimony. Protected witness CBN is the 15th for the defence.
The hearing will continue on Monday before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_1101E)
OCTOBER 30th 2001
ICTR/ SEMANZA
SEMANZA TOO GOOD TO PARTICIPATE IN MASSACRES, SAYS WITNESS
Arusha, October 30th, 2001 (FH) - Two consecutive defence witnesses on Monday and Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that former Bicumbi mayor and genocide suspect Laurent Semanza maintained good relations with people in his commune and initiated many development projects.
The 14th defence witness, SDN1, on Tuesday told the court Semanza could not have participated in the 1994 massacres, because he maintained a good relationship with his people. "He was regarded as a father of the commune," another protected witness, CBM1, told the court on Monday. The witness was led in examination in chief by Semanza's co-counsel Sadikou Alao of Benin.
Protected witness SDN1 also said that the killings in 1994 were a continuation of massacres that started earlier. "The massacres started before 1994," he told the court. "I would say they begun from 1990 and continued even in the refugee camps up to 1996."
SDN1 said that as early as 1990, pro-Tutsi Rwandan Patriotic Front (RPF) guerrillas were said to have tortured Hutus in a selective manner in collaboration with its infiltrators in the country. He gave the names of some Hutus, including the mayor of Kanzenze Fidel Rwambuka, as people reportedly killed by the RPF.
According to SDN1, Hutus fortified the gates to their homes following the killings. In response to prosecutor Chile Eboe Osuji of Nigeria/Canada, the witness denied he was contradicting statements made to UN investigators. Prosecution maintained the witness had earlier indicated that Hutus did more than fortify their gates.
In his testimony, CBM1 said that Semanza did "a lot of good things" with regard to providing health facilities, education, water supply and electricity. But CBM1 told the court that during the multiparty period, the 'Rwandan Patriotic Front radio' Radio Muhabura criticised Semanza and he was subsequently dismissed from his position.
Semanza, a former mayor of Bicumbi (Kigali prefecture in central Rwanda), is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
CBM1 also echoed the testimony of two previous witnesses who told the court of the killing of a Tutsi called Tharcisse Gatwa. According to CBM1, Semanza offered Gatwa employment at Apega School in Bicumbi because he "pitied Gatwa's children".
CBM1 said Gatwa was killed on April 8th when police came to his house because they suspected he was hiding weapons. In cross-examination, the witness denied that Interahamwe militia were present during the killing of Gatwa.
CBM1 also said he did not see or hear of Semanza training or distributing arms to Interahamwe in Bicumbi before or during the 1994 events. He testified partly in closed session.
The hearing continues before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_1030E)
OCTOBER 23rd 2001
ICTR/ SEMANZA
RPF ATTACKED AND TORCHED SEMANZA'S HOUSE, SAYS WITNESS
Arusha, October 23rd, 2001 (FH) - A defence witness on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that Rwandan Patriotic Front (RPF) guerillas attacked the residence of former Bicumbi mayor and genocide suspect Laurent Semanza in April 1994.
The witness, dubbed "SAP" to protect his identity, is a Rwandan in exile. He said that when the attack on Semanza's house occurred, he could see flames from the scene from a nearby location in Bicumbi.
"We could see flames and explosions in Bicumbi and people who came from the area told us that the explosions were at Semanza's house", which had been torched by the RPF, he said. SAP gave part of his testimony in closed session. He was led by Semanza's co-counsel Sadikou Alao of Benin.
SAP said that following the attack, some people speculated that Semanza had been killed while others said he had fled the region. He said the attack was around mid-April 1994.
Semanza, a former mayor of Bicumbi in central Rwanda, is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
During cross-questioning, SAP denied that he had contradicted his written statements to ICTR investigators regarding the attack. In response to prosecutor Chile Eboe Osuji (Canada/Nigeria), he denied he had indicated investigators that he knew the exact date of the attack, and also that some details were contradictory.
SAP told the court that shortly after the plane crash that killed former president Juvénal Habyarimana, on April 6th, he heard explosions from Kanombe (near the airport in Kigali) and later learnt what had happened. He added that soon after the president's death, "there was trouble everywhere." SAP said there had been tension in the country and "the president's death was the last straw that broke the camel's back".
The witness said that what followed the plane crash was "a war", to which the president's death contributed eighty per cent because the people loved him. In reply to prosecution he said that even during the events in 1959, 1963 and 1973 (when Tutsis were massacred), there were "no massacres" but there was "fighting".
According to SAP the "inyenzi" (derogatory term for Tutsi) attacked and wanted to cause trouble but were prevented from doing so. He said in the history of his country he was not aware of Tutsis being massacred.
On the events of 1994, SAP said that as he fled fighting in Bicumbi, he saw roadblocks manned by soldiers who asked for identification to monitor those passing through, because pro-Tutsi RPF fighters had no documents.
SAP said he witnessed no killings at roadblocks nor did he see any dead bodies as he fled, in sharp contrast to earlier testimonies by prosecution witnesses who spoke of killings at roadblocks. "I loathe to see a corpse," said SAP.
SAP also told the court that there was no collaboration between soldiers manning the roadblocks and Interahamwe (militia). The witness also said he saw Semanza only briefly in Gitarama area around April 25th, contrary to testimonies by earlier witnesses that he was seen in many areas of Bicumbi during the events of 1994.
The hearing continues before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE_1023E)
OCTOBER 22nd 2001
ICTR/ SEMANZA
DEFENCE WITNESSES SAY TUTSI REBELS ATTACKED EX-MAYOR'S COMMUNE
Arusha, October 22nd, 2001 (FH) As the genocide trial of former Rwandan mayor Laurent Semanza resumed on Monday, two separate defence witnesses told the International Criminal Tribunal for Rwanda (ICTR) that some people in Semanza's Bicumbi commune celebrated the April 6th, 1994 downing of the former president's 'plane, and that there was fighting between pro-Tutsi RPF guerillas and the authorities.
It was the downing of former president Juvénal Habyarimana's plane that sparked the genocide of some 800,000 Tutsis and moderate Hutus in less than three months. The Hutu authorities at the time claimed that massacres were spontaneous and inter-ethnic, and that they were provoked by an RPF invasion of Rwanda. They also claimed the RPF had 'downed the plane', a theory which has never been proven. It is still not known who attacked the plane.
Semanza, a former mayor of Bicumbi in central Rwanda, is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity, including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
The seventh and eighth defence witnesses, dubbed "DCN" and "MV" to protect their identities, both told the court that RPF guerrillas fought with communal police in their area in April, 1994. They were responding to questions by Semanza's co-counsel Alao Sadikou of Benin.
DCN, a Rwandan man living in exile, said that there was a fight in a forest called Gihumuza (in Bicumbi) on April 7th, 1994 between "RPF infiltrators" and communal policemen. He told the court that fighting started when the death of former president Habyarimana was announced.
In cross-questioning from prosecutor Chile Eboe Osuji (Canada/ Nigeria), the witness admitted he was not an eye-witness to the fighting but had been told about.
DCN said that after the death of the president on April 6th, a radio announcement told people they should not leave their homes and so he did not venture more than a kilometre from his home. However, he told the court, when the violence increased and people of Bicumbi commune started fleeing, he also fled, around April 19th.
Witness MV told the court that some people in her area celebrated the death of the president, which offended others. She said those celebrating moved towards Ruhanga in Bicumbi, largely inhabited by Tutsis, and that they started attacking the Hutus amongst them.
MV told the court that the people of Ruhanga, together with the RPF, attacked the Hutus. She added that the people being attacked sought gendarmes from Kabuga for protection and that fighting between the RPF and the gendarmes followed.
MV told the court the fighting took place near a church and school in Ruhanga. "I personally witnessed some events like the celebrating (of the president's death) but about the fighting I was told by someone who saw," MV said.
MV said that before the death of the president, the RPF "had set up a trap" for Semanza but he was not harmed. She did not elaborate. The witness said Semanza was an official authority; a rich man and people loved him.
The hearing continues before judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE_1022e)
OCTOBER 10th 2001
ICTR/ SEMANZA
FORMER MAYOR'S CASE ADJOURNED FOR JUDGES' SEMINAR
Arusha, October 10th, 2001 (FH) The trial of former Rwandan mayor Laurent Semanza was on Wednesday adjourned to October 22nd, after the testimony of a sixth defence witness. All ICTR cases have been suspended for at least a week to allow Tribunal judges to attend a seminar in Ireland with their colleagues from the International Criminal Tribunal for former Yugoslavia (ICTY).
As Semanza's trial adjourned, the court rejected a defence appeal for more time to present witnesses. Lead counsel Charles Taku (Cameroon/ US) said some of the defence witnesses were sitting final examinations in December, one had just given birth and was recuperating, some had changed their residential addresses, and another had a dying spouse.
However, the court said that defence had had enough time to prepare since the prosecution finished its case last April, and that none of the defence arguments were convincing enough to postpone the trial.
Taku said the court's decision would have "serious implications" for the defence. He said the defence could not be blamed because some of the issues were beyond their control.
Witness cross-questioned
The sixth defence witness, dubbed "KM" to protect her identity, completed her testimony on Wednesday, after cross-questioning by the prosecution.
The accused Semanza, 57, is a former mayor of Bicumbi, in Kigali Rural prefecture, central Rwanda. He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity including rape and persecution. The charges relate to massacres of Tutsis in Bicumbi and Gikoro communes during the 1994 genocide. He has pleaded not guilty.
KM had earlier told the court that pro-Tutsi Rwandan Patriotic Front (RPF) guerillas killed refugees in Muyumbu sector of Bicumbi during the 1994 genocide, and burned down the camp where they were sheltering. On Wednesday, however, she said she had only been told by fleeing refugees that it was the RPF.
KM reiterated that Semanza was a good man and a benevolent mayor who did not harass his political opponents.
The case is before the ICTR's Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
SW/JC/FH (SE_1010e)
OCTOBER 2
nd
2001
ICTR / SEMANZA
FORMER MAYOR NOT INSTRUMENTAL DURING GENOCIDE SAYS WITNESS
Arusha, October 2nd, 2001 (FH) - Former Mayor and genocide suspect
Laurent Semanza
was not instrumental during the 1994 massacres, a defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
The first defence witness dubbed "BZ" to protect his identity was testifying for the second day. He was examined by Semanza's co-counsel Sadikou Alao of Benin and later cross-examined by prosecutor Chile Eboe Osuji of Canada.
BZ told the court that he did not see Semanza in his sector (which was not mentioned for protective measures) in response to Alao. "I did not see him in our sector and never heard of anyone who saw him."
He also said that Semanza was not in a position to give orders to presidential guard members contrary to allegations. BZ said that the presidential guard members were more powerful than ordinary soldiers and had exclusive access to their camps.
Semanza, 57, is former mayor of Bicumbi, (Kigali commune in central Rwanda). He is charged with 14 counts of genocide, conspiracy to commit genocide and crimes against humanity including rape and persecution in Bicumbi and Gikoro communes. He has pleaded not guilty.
BZ told the court of events at the Musha Parish Church in Gikoro commune where people had sought refuge in April 1994. He said that many Rwandan Patriotic Front (RPF) leaders were amongst those in the church.
The witness also said that youth were being trained at the youth center in Musha and then being shipped off to join ranks in the RPF. BZ told the court of attacks at the Church between April 10th and 14th, 2001. He said he knew of the events at the Church because he was on leave and in touch with gendarmes in the area.
Prosecutor Chile Osuji maintained that the witness would have been one of the attackers at the Musha Church, but the witness denied. Osuji said that the witness had a "habit of being on leave at a time when ugly things were happening."
BZ gave part of his testimony in closed session. The hearing is before Trial Chamber III composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
Fears that attacks on US may affect proceedings
Lead counsel Charles Taku of Cameroon/USA and co-counsel Alao in their opening statements on Monday told the ICTR that September 11th attacks against the United States of America (USA) may affect proceedings of the case.
Taku said that there might be difficulties in the transportation of defence witnesses following the recent attack on the World Trade Centre in New York and the Pentagon.
Taku told the court that the defence witnesses were scattered over several countries and majority of them are refugees, who relocate often. According to Taku, some of these witnesses who were previously in Tanzania are now in the US and others in South Africa.
Semanza's defence said that stringent security measures at airports and other modes of transportation have made travelling difficult.
The chamber had proposed that the defence complete presentation of evidence by mid-December, but the counsel say this was a tall order.
Semanza to testify
During the opening statement on Monday, defence co-counsel Alao told the chamber that Semanza would testify.
Semanza's testimony, according to Alao, will be very important because none is better placed than him to tell his story.
Alao described Semanza as an ordinary citizen, dynamic and peace loving far removed from the "angel of death" image that the prosecution has painted of him.
Semanza's defence has maintained that his accusation as a genocide suspect is political vendetta by an individual seeking to settle political scores. Defence counsel blame former RPF colonel Alexis Kanyarengwe for their client's situation.
The hearing continues on Wednesday.
SW/PHD/FH (SE_1002e)
APRIL 25th, 2001
ICTR/ SEMANZA
ONE PROSECUTION WITNESS STILL TO TESTIFY IN SEMANZA CASE
Arusha, April 25th, 2001 (FH) The last prosecution witness in the case of former Rwandan mayor Laurent Semanza will be Ivorian professor and former UN special rapporteur on human rights in Rwanda René Degni-Ségui, prosecution told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
Degni-Ségui, who will testify as an expert witness, has already submitted a report to the court. Prosecutor Chile Oboe-Osuji of Nigeria suggested that considering "scheduling difficulties", this report could stand as the witness's testimony in chief, meaning that Degni-Ségui would only come to court to be cross-questioned by defence. The court approved this proposal.
Semanza meanwhile complained to the court that he did not understand what was going on in his case, even though the trial is well advanced. The accused reiterated his demand for Kinyarwanda translations of documents being communicated to him. His complaint, which he said he had made numerous times, came during defence cross-questioning of the second-to-last prosecution witness, French sociologist André Guichaoua.
"Your Honour, I have been asking for a long time for a translator," Semanza told the presiding judge in halting French. "I don't understand English and my French is not very good. I have sent letters to the Registry and got no reply. I am still being sent documents in English and French. You see that you are trying someone who doesn't understand what is going on, what stage things have got to. In fact you are trying a deaf person. You see what stage the trial is at, I will almost have got to the end of my case without knowing what it's about."
Presiding judge Yakov Ostrovsky of Russia told the defendant that he had a right to receive documents in a language he understood. "The Registry understands this," said Judge Ostrovsky, "and the necessary measures will be taken."
Semanza's anglophone defence counsel Charles Taku of Cameroon stressed that the problem was serious. He said many of the documents he had to discuss with his client were confidential and that he had to resort to third parties, whereas this went against confidentiality.
Prosecutor Osuji argued that the problem was not serious as, according to the English translation he had heard, Semanza's statements in French were coherent enough. However, the court considered that the problem was serious and that it needed an appropriate solution.
The former mayor also raised the problem of his francophone co-counsel Sadikou Alao of Benin, who has been absent from court since December. Semanza said he had received no communication from Alao for nearly five months and that he had been told the co-counsel was to undergo surgery in France. The court advised lead counsel Taku to resolve the problem with the ICTR Registry.
Semanza is charged with 14 counts of genocide and crimes against humanity for massacres committed in the Bicumbi and Gikoro communes of central Rwanda during the 1994 genocide in Rwanda.
GA/BN/AT/JC/FH (SE_0425e)
APRIL 24th, 2001
ICTR/ SEMANZA
WITNESS SAYS FORMER MAYOR ORGANIZED MASSACRES BEFORE RWANDAN GENOCIDE
Arusha, April 24th, 2001 (FH) Former mayor and genocide suspect
Laurent Semanza
started organizing massacres in his commune of Bicumbi, central Rwanda, well before the April to July 1994 genocide, an expert witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
French sociologist André Guichaoua, testifying as an expert witness, said Rwandan authorities made massive arrests throughout the country four days after an attack by the Tutsi rebel Rwandan Patriotic Front (RPF) in October 1990. At that time, he told the court, "Rwanda went through a difficult time, with large scale arrests of opponents to the régime or their accomplices".
The witness said Semanza took part in these arrests in Kigali Rurale prefecture where he was a mayor. Guichaoua said the situation was similar in all the prefectures "where people were asked to give the names of people to be arrested".
The RPF launched an attack on Rwanda from Uganda on October 1st, 1990, and finally won a war against the former regime of president Juvénal Habyarimana in July 1994, ending the genocide. The genocide was sparked by the April 6th, 1994, downing of Habyarimana's 'plane which killed the president.
"At that time, you had to know which side people were on," Guichaoua told the court. "An opposition had grown up, and there was political radicalism especially in the southern provinces of the country (…) and demands for multiparty politics."
This period also coincided with the birth of a new generation of militant politicians in Rwanda, the expert witness continued, and it was necessary for the central government to ensure itself of political supporters. He said Semanza belonged to that group of people who "acted without constraint to show that they supported the government", and that it was in that context that he proceeded with arrests and massacres in his commune so as to "stand out".
Guichaoua said Semanza and those close to him acted on the premise that "an opportunity only comes around once, you have to take it or it is lost". According to the witness, Semanza seized the opportunity of the 1990 RPF attack to carve himself a place on the political map, notably through his contribution to the war effort. He also seized such an opportunity when the president's death was announced on April 6th, according to the witness. Guichaoua said Semanza was not happy about Habyarimana's death but that he thought he had to seize his own chance for political survival. This explained the massacres and other war crimes carried out by the accused after that date, Guichaoua told the court.
Several witnesses have previously testified that Semanza's influence gave him the power during the genocide to order massacres of Tutsis and their "accomplices" or supervise the killings in certain regions. At that time he was no longer mayor of Bicumbi but had been nominated by Habyarimana's MRND party as an MP in the parliament to be set up under the 1993 Arusha peace accords. According to witnesses, he was influential in the MRND, especially in the communes of Bicumbi and Gikoro. Guichaoua told the court that previous witness testimonies of massacres carried out by Semanza in those places corroborated information that he had gathered himself, even if he was not an eyewitness to the events.
Guichaoua was evacuated from Rwanda on April 11th, 1994, after arriving on April 4th for an assessment mission. His subsequent research was therefore based mostly on the testimonies of third parties.
This trial is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia. Semanza's trial is alternating before the Chamber with that of three suspects accused of genocide in the Cyangugu region of southwest Rwanda in 1994.
Semanza is accused of 14 counts of genocide and crimes against humanity, including rape, for alleged crimes committed in Bicumbi and Gikoro in 1994.
GA/AT/JC/PHD/FH (SE_0424E)
APRIL 19th, 2001
ICTR/SEMANZA
LAST TWO PROSECUTION WITNESSES TO APPEAR SHORTLY
Arusha, April 19th, 2001 (FH) – Prosecution in the genocide trial of former Rwandan mayor Laurent Semanza is expected to present its last two witnesses shortly. Semanza's trial for genocide and crimes against humanity began on October 16th , 2000 before the International Criminal Tribunal for Rwanda (ICTR).
The last two people to testify for the prosecution will be French sociologist André Guichaoua and former UN special rapporteur on human rights in Rwanda René Degni-Segui of Ivory Coast. Both men have already testified as expert witnesses in other cases before the ICTR. Guichaoua is expected to testify when Semanza's trial resumes on Monday.
On Wednesday the court heard three witnesses who all testified regarding an audiotape produced as prosecution evidence. The witnesses were an investigator, a translator and a protected witness, dubbed "VN" to protect his identity.
The audiocassette is a recording of an intercepted telephone conversation between Semanza, his son and two other people during the 1994 genocide. According to the tape transcripts one of the people, Juvénal Rugambarara, is recorded telling Semanza that "not only those from Kibungo but also from Bicumbi are running away, I have massacred them and I believe tomorrow we shall wipe them out completely".
Rugambarara was mayor of Bicumbi, central Rwanda, during the genocide, a position he took over from Semanza. At the time of the genocide, Semanza had stepped down as mayor but was allegedly very influential. The ex-mayor had been nominated by the former single party MRND as a member of the transitional parliament to be set up under the 1993 Arusha peace accord.
Prosecution investigator Kaiser Rizvi of Bangladesh told the court that he recorded the tape from an original one in the archives of the Rwandan Patriotic Front (RPF) secretariat in Kigali. He said he did not know how the RPF (former Tutsi guerrilla movement, now in power in Kigali) had obtained the cassette.
Semanza is charged with fourteen counts of genocide and crimes against humanity, relating to massacres of Tutsis in the communes of Bicumbi and Gikoro in 1994. He has pleaded not guilty.
The case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of St. Kitts and Nevis and Pavel Dolenc of Slovenia.
GG/JC/FH (SE_0419e)
MARCH 30th, 2001
___________________________________________________________________
ICTR/SEMANZA
SEMANZA TRIAL ADJOURNED, WITNESS TESTIFIES OUT OF COURT
Arusha, March 28th, 2001 (FH) - The 20th prosecution witness in the genocide trial of former Rwandan mayor Laurent Semanza on Thursday testified out of court because of illness, prosecution and defence confirmed. Semanza's trial has meanwhile been adjourned to April 9th before the International Criminal Tribunal for Rwanda (ICTR).
The witness, dubbed "VV" to protect her identity, testified from hospital in the presence of prosecution, defence and a representative of the ICTR Registry. Her testimony was recorded for the benefit of the judges, who were not present.
This case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia. A medical report submitted to the court earlier this week indicated that VV was now recovering, although she was still weak. The judges ruled that the witness should testify out of court.
Prior to adjournment, the Chamber granted a prosecution request to call three additional witnesses. These witnesses are expected to be heard on April 18th and 19th.
Semanza is a former mayor of Bicumbi, central Rwanda. He is charged with 14 counts of genocide, crimes against humanity and war crimes, including rape. At the time of the 1994 genocide in Rwanda, he was no longer mayor of Bicumbi, but the prosecution says he was an influential figure. The presidential party MRND had chosen Semanza to represent it in the parliament that was to be set up under the 1993 Arusha peace accord.
.
SW/JC/FH (SE_0330e)
MARCH 20th, 2001
___________________________________________________________________
ICTR/SEMANZA
WITNESSES TELL OF RAPE ORDEALS
Arusha, March 20th, 2001 (FH) - Former Rwandan mayor Laurent Semanza encouraged militia to rape Tutsi women during the 1994 Rwandan genocide, witnesses told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
Four witnesses who testified on Monday and Tuesday said that soldiers and militia who raped women in Bicumbi area, central Rwanda, in April 1994 said they were authorised by Semanza and his successor Juvénal Rugambarara.
The 19th prosecution witness "VAO" said she was among survivors whose houses were torched. According to her, the militia said that their bourgmestre (mayor) had ordered them to act in this manner.
"What they did to me was beyond description," VAO told the court. "They undressed me and did everything they wanted with me. They were three men who took turns and they were armed". She said this was in April in Gikoro commune.
VAO said that she was later raped again on two separate occasions. The witness said this all happened in April and that in May she fled the area.
VAO said she was told by a survivor of massacres at Ruhanga church who later died that Semanza encouraged Interahamwe militia to rape her (the survivor). Semanza ordered the rape of Tutsi women and girls who survived the torching of Ruhanga church, the witness claimed. The defence objected that this was hearsay, but the chamber allowed VAO to proceed.
VAO said she is Tutsi but had told investigators of the UN Tribunal that she was Hutu because during the war she had acquired a Hutu identity card. "The killers took my children and husband and killed them. I was only spared because my identity card said I was a Hutu", she said.
The witness told the court that she did not show this card to the men who raped her, as those producing identity cards were inviting suspicion and possible death.
The 18th witness, dubbed "VAV", said a villager was sheltering her when Interahamwe flushed her out of her hiding place. She told the court that militia urged the villager to kill her because "that was Semanza's order", but he refused. VAV said that there were many attackers, but she recognized some from the Ruhengeri region.
Another witness (the 17th), dubbed "VAW" to protect her identity, told the court that on April 13th, 1994, Interahamwe en route to kill Tutsis who had fled to the Mwulire Hills found some taking refuge in a local councillor's house. VAW said most members of her family who were among this group were killed and she was attacked.
The 16th prosecution witness, "VR" said that militia told her they would kill her children and her husband's whole family and would "kill me by raping me". She said she was raped by three members of the militia in April, 1994. VR told the court that Interahamwe danced at the Bicumbi commune office and called for Tutsi girls to be brought out so that they could rape and kill them. The witness gave further testimony about her ordeal in a closed session.
Former Bicumbi mayor Semanza is charged with 14 counts of genocide, crimes against humanity and war crimes, including rape. At the time of the 1994 genocide in Rwanda, he was no longer mayor of Bicumbi, but the prosecution says he was an influential figure. The presidential party MRND had chosen Semanza to represent it in the parliament that was to be set up under the 1993 Arusha peace accord.
The accused is appearing before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia. The chamber ruled that there will be a status conference "concerning organisation of future work" on Wednesday, as there are no witnesses scheduled.
SW/JC/MBR/FH (SE_0320e)
MARCH 14th 2001
___________________________________________________________________
ICTR/SEMANZA
FORMER MAYOR STABBED GIRL TO DEATH SAYS WITNESS
Arusha, March 14th, 2001 (FH) - Former Rwandan mayor and genocide suspect Laurent Semanza slashed the neck of a young girl and killed her by knifing her in the chest, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
The 15th prosecution witness, dubbed "VAQ" to protect his identity, said the attack took place on April 7th, 1994, near the Muyumbu Health Centre in Bicumbi commune, central Rwanda. He told the court that former Bicumbi mayor Semanza was with Muyumbu councillor François Fungameza and a large group of Interahamwe (Hutu militia).
VAQ said the naked, beheaded bodies of women were being used as a roadblock by the Health Centre, and that a pit nearby contained the corpses of children. He said that fleeing refugees were being brought to the roadblock and murdered.
VAQ said that apart from the young girl, 18 more women were brought to this roadblock, where a masked person was holding their mouths and cutting their throats. Other attackers were firing shots at men, he added. VAQ said he fled when he saw what was happening and just escaped two shots from Fungameza's gun.
Later, the witness said, an Interahamwe and a policeman arrested him and beat him unconscious. He told the court that on regaining consciousness he found himself close to Semanza's house. The witness said he was arrested by Interahamwe who took him to Semanza because he had no identity card.
VAQ said he was put in a room with four corpses of beheaded women and Semanza told him to "sit on your women". "So I sat on them and I had my feet in their blood," he said.
The witness said that Semanza trampled on him and urged him to confess he was an "inyenzi" (derogatory word for Tutsi). VAQ said that Semanza "told one of the men to take my nose and cut it off". His nose was not cut off, but he was beaten and later taken to the roadblock.
Former mayor Semanza is charged with 14 counts of genocide, crimes against humanity and war crimes, including rape. At the time of the 1994 genocide in Rwanda, he was no longer mayor of Bicumbi, but the prosecution says he was an influential figure. The presidential party MRND had chosen Semanza to represent it in the parliament that was to be set up under the 1993 Arusha peace accord.
Distributing arms
Another witness told the court on Wednesday that Semanza distributed arms to trained youths in Musha sector, Bicumbi commune. Prosecution witness VD, the fourteenth, said that on April 12th, 1994, Semanza addressed a group of young people in Bicumbi, accompanied by the mayor of neighbouring Gikoro commune, Paul Bisengimana.
The next day, according to VD, an army major gave Semanza guns and Semanza distributed them to "young men who had completed training". VD, a Hutu man, said Semanza travelled in a pickup vehicle with no number plate.
VD said Semanza also went with youths who destroyed an orphanage in the Musha region on April 16th. "He was the one giving orders," VD told the court. The witness said the attackers looted property and loaded it into a vehicle.
The 13th prosecution witness, a survivor dubbed "VAM", told the court on Tuesday that she lost all her children during attacks in Bicumbi. "None of my children died of natural causes, they died during the genocide," she said. VAM said three of these children died during attacks in Mwulire (Bicumbi).
The witness said that when Semanza retired as mayor, he introduced his successor Juvénal Rugambarara, who said he was not coming to govern but to "work" (term used during the genocide to mean killing Tutsis). VAM said that when the Interahamwe started training, the local people understood what he meant.
The 12th prosecution witness VAR, who started testifying on Monday, has not yet completed his testimony because he is unwell. The court ruled that VAR would resume his testimony when he can, but that other witnesses will continue in the meantime.
This case is being heard by Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_0314e)
MARCH 12th 2001
ICTR/SEMANZA
FORMER MAYOR ORDERED INFANT BUTCHERED, SAYS WITNESS
Arusha, March 12th, 2001 (FH) - Former Rwandan mayor and genocide suspect Laurent Semanza ordered and witnessed the killing of an infant in April 1994, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
The 12th prosecution witness, dubbed "VAR" to protect his identity, told the court Semanza ordered a villager, Tharcisse Gatwa, to kill his Tutsi wife. When Gatwa failed to comply with the order, Semanza ordered Interahamwe (Hutu militia) to take a baby strapped onto the wife's back and slam it against a wall.
According to VAR, one of the Interahamwe followed that order, and when the baby did not die, Semanza ordered another militiaman to "finish off the child". The second Interahamwe speared the baby and "moved about with it on that spear", according to the witness.
"Gatwa's wife was seated on the ground weeping, surrounded by her children," he said. VAR said Gatwa told Semanza he could not kill his wife or anyone else. Semanza then replied that Gatwa's whole family would be exterminated, VAR told the court.
The witness told the court that Semanza addressed meetings attended by members of the CDR party and the Interahamwe, where he urged them to kill Tutsis. He said on separate occasions, he saw Semanza at Rwamagana and at the Nzige Health Centre. At the Nzige Health Centre, in April 1994, Semanza gave some Interahamwe members five guns, VAR told the court.
VAR said at the beginning of his testimony that had been wounded in a grenade attack while taking refuge in Rwamagana in April 1994, and sometimes had difficulty speaking because of chest pains. The court adjourned an hour before the scheduled time when the witness said he was feeling unwell.
Semanza, 56, is a former mayor of Bicumbi in Kigali rural prefecture, central Rwanda. He is charged with 14 counts of genocide, war crimes and crimes against humanity, including rape. He was arrested in Cameroon in March 1996 and made his initial appearance at the Tribunal in February 1998.
SW/JC/PHD/FH (SE%0312e)
MARCH 8th 2001
___________________________________________________________________
ICTR/SEMANZA
SEMANZA CASE ADJOURNS TO MONDAY
Arusha, March 8th, 2001 (FH) - The trial of former Rwandan mayor Laurent Semanza was adjourned Thursday afternoon because the twelfth prosecution witness had not yet arrived in Arusha. The case is expected to resume on Monday before the International Criminal Tribunal for Rwanda (ICTR).
The eleventh prosecution witness, dubbed "VA" to protect her identity, finished her testimony on Thursday. In her testimony, she said that Bicumbi mayor Semanza and Paul Bisengimana, the mayor of neighbouring Gikoro commune (central Rwanda) "cut off an arm and leg each" of a victim among refugees in Musha church in 1994.
VA said about 4,000 people had taken refuge in the church. She said Semanza led an attack on April 13th, 1994, during which Tutsi children were ordered out of the Musha church and killed.
According to VA, Interahamwe (Hutu militia) and soldiers who accompanied Semanza threw grenades, shot at and clubbed the children to death.
The witness, a Hutu woman, said that she was thrown into a mass grave with corpses of victims from the church. When the assailants discovered she was not yet dead, VA told the court, they clubbed her on the head and stripped her naked. However, VA said she and another female victim managed to crawl out of the mass grave and a villager treated their wounds.
Semanza's defence counsel Charles Taku (Cameroon/ US) said there were contradictions in VA's testimony in court and her written statement to UN investigators. Taku said VA told the investigators that Semanza “cut only arms” of the victim, but in court she said “arms and legs”.
Semanza is charged with 14 counts of genocide, crimes against humanity and war crimes, including rape. He was arrested in Cameroon in March 1996 and made his initial appearance at the Tribunal in February 1998. Prosecution maintains he was very influential in Bicumbi, central Rwanda.
The accused is appearing before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia.
SW/JC/PHD/FH (SE_0308E)
MARCH 6th, 2001
ICTR / SEMANZA
TRIAL RESUMES WITH CALL FOR JUDICIAL NOTICE OF GENOCIDE
Arusha, March 6th, 2001 (FH) As the trial of former Rwandan mayor Laurent Semanza resumed Tuesday before the International Criminal Tribunal for Rwanda (ICTR), prosecutors asked the court to issue a judicial notice that genocide occurred in Rwanda in 1994 and that two parties were engaged in a civil war in the country at the time.
Prosecutor Chile Eboe Osuji (Canada/ Nigeria) argued that such judicial notice would speed up proceedings, as it would spare the prosecution having to bring certain witnesses to testify to these facts.
Osuji said ICTR jurisprudence had already established that there was a genocide, and that there was also a civil war going on between the government army (Forces Armées Rwandaises or FAR) and the Tutsi guerilla Rwandan Patriotic Front (RPF). He cited particularly the Tribunal’s judgements on former Prime Minister Jean Kambanda, former mayor of Taba Jean-Paul Akayesu and former Kibuye prefect Clément Kayishema. The trial court sentenced all three men to life imprisonment for genocide and crimes against humanity.
The court said it would deliberate on the prosecution request. Semanza’s case is before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia.
The trial continued Tuesday with the hearing of a tenth prosecution witness, dubbed “VM” to protect his identity. The witness, a Hutu from Bicumbi (central Rwanda) accused Semanza of having directed attacks on Tutsi refugees at Musha church (Gikoro commune) in April 1994. VM also told the court that Semanza had deliberately “flattened” Tutsis with a van that he was driving.
Semanza, 46, was mayor of Bicumbi in Kigali rural prefecture, central Rwanda. He is charged with 14 counts of genocide, war crimes and crimes against humanity including rape. He was arrested in Cameroon in March 1996 and made his initial appearance at the Tribunal in February 1998.
BN/JC/PHD/FH (SE_0306e )
MARCH 1st 2001
___________________________________________________________________
ICTR/SEMANZA
CASE AGAINST FORMER MAYOR TO RESUME
Arusha, March 1st, 2001 (FH) - The case against former Bicumbi mayor
Laurent Semanza
, charged with genocide in central Rwanda in 1994, will resume on March 6th before the International Criminal Tribunal for Rwanda (ICTR).
Semanza is charged with 14 counts of genocide, crimes against humanity and war crimes, including rape. He was arrested in Cameroon in March 1996 and made his initial appearance at the Tribunal in February 1998.
Prosecution witnesses have testified that, among other things, Semanza called for presidential guards to assist in the killing of Tutsis in Ruhanga area, central Rwanda, and also incited the population in public meetings to take up arms and kill Tutsis.
The case adjourned last December for the end of year judicial recess. It is before Trial Chamber Three of the ICTR, composed of Judges Yakov Ostrovsky of Russia (presiding), Lloyd Williams of Jamaica and Pavel Dolenc of Slovenia.
The case started on October 16th last year. Nine prosecution witnesses have testified so far. Semanza is represented by Charles Taku (Cameroon/ US) and Sadikou Alao (Benin).
SW/JC/PHD/FH (CY_0301e)
FEBRUARY 4th 2001
ICTR/SEMANZA
SEMANZA’S CO-COUNSEL TO RUN FOR BENIN PRESIDENCY
Arusha, February 4th, 2001 (FH) The co-counsel for genocide suspect Laurent Semanza, Sadikou Alao of Benin, is running as a candidate in his country’s presidential elections.
Alao is one of 21 candidates who will run in the elections, scheduled for March 4th. The trial of former Rwandan mayor Semanza is scheduled to resume before the International Criminal Tribunal for Rwanda (ICTR) on March 5th, after the end of year judicial break. It is alternating with another trial (Cyangugu) before Trial Chamber Three of the ICTR. Alao is co-counsel to Charles Taku (Cameroon/US) in the Semanza case.
Semanza is charged with fourteen counts of genocide and crimes against humanity. He is accused of massacres of Tutsis in the communes of Bicumbi and Gikoro (Kigali rural prefecture, central Rwanda) during the 1994 genocide, but has pleaded not-guilty. Shortly before the trial was
suspended, Semanza’s lawyers claimed they had been subject to threats, attributing this to the fact that they were defending a genocide suspect.
Benin, where Alao is running for president, is one of three countries that has signed an agreement with the ICTR to take Tribunal convicts. The other countries are Mali and Swaziland.
AT/JC/FH (SE_0204E)
DECEMBER 12th 2000
ICTR/SEMANZA
FORMER MAYOR'S TRIAL ADJOURNED TO MARCH
Arusha, December 12th, 2000 (FH) – The genocide trial of former Rwandan mayor Laurent Semanza was on Tuesday adjourned before the International Criminal Tribunal for Rwanda (ICTR), after the Tribunal failed to locate three prosecution witnesses.
Presiding judge Yakov Ostrovsky of Russia said the trial would resume on March 5th. Semanza's case is alternating before the court with that of three suspects linked to genocide crimes in the Cyangugu region of southwest Rwanda. The ICTR goes into judicial recess from December 15th to January 15th.
Before it adjourned, the court said that hearings of prosecution witnesses should be completed by April 2001. Nine prosecution witnesses have so far testified since the trial started on October 16th.
Semanza's defence also tried to obtain a revision of a previous court decision sanctioning them for motions deemed "frivolous" and an "abuse of process". However, Judge Ostrovsky said there was no provision in the ICTR Rules allowing such a move. The accused is defended by Charles Taku (Cameroon/ USA) and Sadikou Alao of Benin.
Semanza, 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.
Semanza is appearing before Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica and Pavel Dolenc of Slovenia.
GG/JC/ FH(SE%1212E)
DECEMBER 7th 2000
ICTR/SEMANZA
WITNESS SAYS HE LOST 60 MEMBERS OF HIS FAMILY
Arusha, December, 7th, 2000 (FH) - A genocide survivor on Thursday told the International Criminal Tribunal for Rwanda (ICTR) that 60 members of his family were killed during the month of April 1994, the independent news agency Hirondelle reports. Witness 'VAP' is testifying in the trial of former Rwandan mayor Laurent Semanza.
VAP told the court that his family members, together with other Tutsis and moderate Hutus, were killed in attacks in Bicumbi, central Rwanda, carried out under the instructions of Semanza. The victims of these attacks, he said, included his father and five of his father's children.
Semanza, 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.
VAP gave a graphic description of how his 10-year-old nephew died on April 10th in a fruitless attempt to escape attackers. "We tried to run away from the attackers," the witness told the court. "At one point, the kid got tired and I had to go back to assist him. We were both too tired to run on and they captured us. We were then told to close our eyes and lie down. They then attacked those who were lying down and started cutting and beating us up randomly." He said he was beaten up with nail studded clubs and left for dead whereas his nephew was killed. VAP said he still suffers from the physical effects of this attack.
He further testified that his pregnant sister-in-law was dismembered and her foetus together with her body thrown into a ditch.
VAP is the ninth prosecution witness in the trial. Semanza is appearing before Trial Chamber Three, composed of judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica and Pavel Dolenc of Slovenia.
GG/JC/FH(SE%0712E)
DECEMBER 6TH 2000
ICTR/ SEMANZA
WITNESS SAYS EX-MAYOR BROUGHT ELITE GUARDS TO HELP KILL
Arusha, December 6th, 2000 (FH) - Former Rwandan mayor Laurent Semanza called for presidential guards to help kill Tutsis in the Ruhanga area of central Rwanda during the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda, (ICTR) on Wednesday.
Prosecution witness "VF" said that on the morning of April 10th, 1994, Semanza called in a radio broadcast for the presidential guard and weapons to be sent to Ruhanga. The witness added that the ex-mayor said the "work in Bicumbi was finished and all he had to do was clean up the dirt".
Semanza, 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 in 1994. At the time of the genocide, Semanza was a nominated member of parliament of the MRND party, and was allegedly very influential.
The witness, dubbed VF to protect her identity, is a Tutsi female survivor of the genocide. She told the court that on April 10th, 1994 the mayor of Gikoro commune, Paul Bisengimana, came to their area accompanied by soldiers and started shooting at people. The witness said that as she fled
towards Ruhanga, she saw Semanza in a vehicle carrying armed soldiers.
At Ruhanga, the refugees were hiding at a small centre, and "I hid in a classroom", said VF. After some time, the attackers said there was no need to continue shooting because those who remained in the classrooms were only women and children and that "they would leave the Interahamwe (militia) to kill them using machetes and hoes," she said.
VF said survivors were evicted from the classrooms and asked to raise their hands by soldiers of the presidential guard, who led them to the local militia. "We followed the order and went to where the Interahamwe were, and they started undressing us. Yes, I was undressed, the upper part of my
body", the witness said.
The witness said that the refugees were then sprayed with petrol and set alight while others were beaten with clubs. She added that many including herself and her parents were injured but some survived with injuries.
The hearing was briefly interrupted for a report on the health of Semanza, who had earlier complained of dental problems. A doctor who saw him early Wednesday pronounced the accused fit enough to sit through trial, but submitted a medical report to the court.
Semanza is appearing before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica and Pavel Dolenc of Slovenia.
SW/JC/FH (SE%1206E )
DECEMBER 5th 20
00
ICTR/SEMANZA
SEMANZA RETURNS TO COURT AFTER SHORT BOYCOTT
Arusha, December 5th, 2000 (FH) û Former Rwandan mayor and genocide suspect Laurent Semanza returned before the International Criminal Tribunal for Rwanda (ICTR) on Tuesday afternoon, ending a short boycott to protest a court decision, the independent news agency Hirondelle reports.
After an adjournment and some 40 minutes of discussion before the Trial Chamber, Semanz's lawyers were apparently satisfied by the court's clarification of a decision made Monday, and which Semanza said was an attack on the rights of the defence. The accused was then called by his lawyers and returned to court almost immediately. The trial continued in his presence, with the cross-examination of prosecution witness VP.
Earlier Tuesday, Semanza's lawyers Charles Taku (Cameroon/ USA) and Sadikou Alao of Benin had informed the court of the accused's decision to boycott the trial and end their mandate to represent him in court. This was in protest at a ruling Monday rejecting five written defence motions as "frivolous" and sanctioning the lawyers for "abuse of process". The court said that the matters raised could have been settled orally before the court.
"According to this decision, no [written] motion will be admissible if it has not been granted prior approval by the Chamber,"Semanza wrote in his letter. "It is obvious that this decision constitutes a restriction on the defence. […] I therefore feel forced to stop appearing before the court or being represented there, unless and until the Chamber reverses its decision and leaves my defence team the freedom to choose by what means it will defend me."
Presiding Judge Yakov Ostrovsky responded firmly, ordering the Registry to inform the accused that he had a right to attend the trial but that it would continue in any case. The judge also warned Semanza'lawyers that they could be sanctioned if they refused to represent their client in court. Judge Ostrovsky granted a suspension of the court proceedings to allow the defence to consult their client.
When the court reconvened, lead counsel Taku said the defence wished to raise several issues. First, he said, they requested a review of Monday's ruling end of the sanctions. "The order is too broad, your Lordships," Taku pleaded, "and it gave the impression that it would clearly tie the hands of the defence.ö He argued that defence had a statutory right to file written motions in certain cases and that the work that had been sanctioned was done "in good faith".
"There is no question of the Tribunal going back on any ruling that it makes," Judge Lloyd George Williams of Jamaica responded. "If the situation arises and you feel you need to submit a written motion, that is your right. But the situation that had arisen involved a lot of little issues. That means Tribunal resources are taken up, time is taken up, money is taken up. We were saying you should have regard for this. But in no way can we deny your right to bring a motion."
Co-counsel Alao reinforced his colleague's plea against the sanctions, which consisted of an instruction to the Registry that fees and costs should not be paid for preparation of the motions: "You know," he said, "we are under constant psychological pressure […] We are regularly threatened by persons and institutions who say we are negating the genocide, that we are trying to get Semanza acquitted. Even our families are threatened. So when we see that each time we submit motions we are sanctioned by the court, we wonder whether the harrassment is not omnipresent".
The court expressed concern, but refused to be swayed. Judge Williams asked whether the lawyer was accusing the Tribunal of harrassing him. Lead counsel Taku continued with a further request that all documents be supplied in French, as his client did not understand English.
Presiding Judge Ostrovsky advised defence to be in contact with the Registry and Prosecution on this issue. He also asked, on behalf of the Chamber, that Court Management contact the defence to establish priorities for the translation of documents.
Finally, in response to Semanza's dental complaints, Judge Ostrovsky ordered the Registry to make a medical appointment for the accused Wednesday morning, in such a way that it would not disrupt the trial.
JC/PHD/FH (SE%1205f)
DECEMBER 5th 2000
ICTR/SEMANZA
FORMER MAYOR BOYCOTTS HIS TRIAL AT RWANDA TRIBUNAL
Arusha, December 5th, 2000 (FH) – Former Rwandan mayor and genocide suspect Laurent Semanza said on Tuesday he will boycott his trial before the International Criminal Tribunal for Rwanda (ICTR), to protest court decisions he considers unfair, the independent news agency Hirondelle reports.
Semanza did not appear before Trial Chamber Three Monday morning. His lawyers, Charles Taku (Cameroon/USA) and Sadikou Alao (Benin) said Semanza had handed them a letter announcing that he would no longer appear before his judges and that he did not want to be represented in court.
On Monday, as his trial resumed, Semanza asked for an adjournment because he was suffering from dental problems. An ICTR doctor was called and pronounced him fit enough to continue. Proceedings went on. The court also dismissed a number of defence motions, which it termed “ frivolous ” and an “ abuse of procedure ”.
“ Such pressure on my defence team leads me to think that I will not benefit from full defence rights, although I have been accused of very serious crimes, ” says Semanza in his letter to his lawyers. “ Consequently, I am forced to stop appearing or being represented in this trial, unless and until the Chamber reverses its decision and leaves my team free choice in its means of defence. Unless the court changes its attitude, it is obvious that I will not benefit from a just and equitable trial, respectful of my fundamental rights… ”
Semanza’s protest bears an uncanny resemblance to that of another ICTR detainee, Jean-Bosco Barayagwiza, who boycotted his trial from its start on October 23rd, and ordered his lawyers to do the same. Despite a number of decisions by the court, the status of Barayagwiza’s lawyers still remains ambiguous.
In the Semanza case, however, presiding judge Yakov Ostovsky of Russia took a firm line. “ I"d like, on behalf of the Chamber, to instruct the Registry to send a letter to the accused, saying it is his right to attend the trial, ” Ostrovsky said. “ If he decides not to do so, then the door is still open. If he is absent, we will proceed without his presence. ”
Ostrovsky further warned Semanza’s lawyers that “ Under Rule 45, counsel will represent the accused and conduct the case to finality ”, and that lawyers could be subject to sanctions if they did not do so. “ It is necessary for counsel to be aware of their rights and obligations before this Tribunal, ” the judge continued. “ It should be clear. The Chamber does not release counsels from an assignment they have accepted. “ The accused is trying to manipulate the court, ” Judge Ostrovsky said. “ Yesterday he said I can’t continue because I am not well, but the doctor said he was able to. Today this is a new attempt to hinder the proceedings of the court. ” The judge said that Semanza’s lawyers should not support their client in his attempts to obstruct the proceedings and that they should explain to him it was not in his interests either.
“ In 20 years of practice, I have never manipulated any court, ” Taku told the judges. “ I am not in collusion with my client. ” The lawyers asked for time to consult with Semanza and an adjournment was granted. The case resumes Tuesday afternoon.
JC/FH (SE%1205e)
DECEMBER 4TH 2000
ICTR/SEMANZA
WITNESS SAYS FORMER MAYOR TOOK PART IN ATTACKS
Arusha, December 4th, 2000 (FH) - Former Rwandan mayor Laurent Semanza personally participated in the killing of Tutsis at Mwulire in Bicumbi, central Rwanda, during the 1994 genocide, a witness told the International Criminal Tribunal for Rwanda (ICTR) on Monday.
The prosecution witness, dubbed "VP" to protect his identity, said that Semanza shot at Tutsis who were fleeing to Mwulire Hill on April 18th, 1994. "Semanza fired at the refugees," the witness told the court.
Semanza, 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 in 1994. At the time of the genocide, Semanza was a nominated member of parliament of the MRND party, and was allegedly very influential.
The witness described the April 18th attack on Mwulire as the biggest one, saying that he lost one child, relatives and neighbours. VP added that Semanza was accompanied by "soldiers and the Interahamwe" (militia).
According to the witness, Semanza had distributed firearms and machetes to the Interahamwe before the attack. VP also told the court that moderate Hutus who assisted the Tutsi were also killed.
He named Bakundukize, an ex-councillor in Mwulire sector, as one example. VP told the court that between April 11th and 12th, he took refuge at Bakundukize's residence. However, Semanza sent a letter ordering the ex-councillor to send away all Tutsi from Mwulire, or face the consequences, VP said.
The witness said he saw the letter while Bakundukize was reading it, and that he recognized Semanza's signature and handwriting. The letter also summoned Bakundukize to the commune office. “But Bakundukize did not follow the orders to chase us away,” VP added.
"He was killed on April 19th," the witness continued. During cross-examination by the defence, the witness said he was hiding close to Bakundukize's home area and knew when he was killed, although he did not see him die.
Semanza is defended by Charles Taku (Cameroon/USA), while the prosecution team is led by Chile Oboe-Osuji, a Canadian of Nigerian origin.
Semanza is appearing before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia.
SW/JC/FH (SE%1204E )
DECEMBER 4th 2000
ICTR/SEMANZA
SEMANZA TRIAL RESUMES DESPITE TOOTHACHE
Arusha, December 4th, 2000 (FH) - The trial of former Rwandan mayor Laurent Semanza resumed on Monday before the International Criminal Tribunal for Rwanda (ICTR), with the testimony of the fifth prosecution witness, the independent news agency Hirondelle reports. Proceedings continued despite protests from the defendant that he was suffering from dental problems.
The Chambers adjourned the proceedings briefly, awaiting a medical decision as to whether the accused could sit through the hearing or not. An ICTR medical officer who has been treating Semanza was summoned to court and told the judges the problem "was not acute".
Prosecution witness "VP", named as such to protect his identity, began his testimony shortly afterwards. The witness told the court that Semanza distributed weapons that were used to kill Tutsis during the 1994 genocide in Rwanda.
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 allegedly very influential.
VP said that soon after the death of President Juvenal Habyarimana was announced, a meeting by Bicumbi commune officials told the population that Tutsis had killed their president and they should prepare to avenge his death.
By April 10th, 1994, said VP, two people had been killed in Bicumbi sector and houses belonging to Tutsi had been torched. He added that many Tutsis fled to the Kabuya Chapel and Mulire Hills in BIcumbi.
Witness VP’s testimony continues on Monday afternoon. The court earlier dismissed five written defence motions saying they were "frivolous and constitute an abuse of the system". The court also ordered the Registry not to pay the fees and costs for the preparation of the motions.
The motions were on the translation of some statements from English to French, acquisition of certain audiotapes, and the authenticity of the testimony of protected witness VN . The court advised that such matters could be dealt with orally to save time.
The defendant is appearing before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), Lloyd George Williams of Jamaica and Pavel Dolenc of Slovenia.
SW/GG/JC/FH(SE%1204e)
NOVEMBER 15TH 2000
ICTR/ SEMANZA
FLEEING TUTSIS GUNNED DOWN AT EX-MAYOR'S HOME, SAYS WITNESS
Arusha, November 15th, 2000 (FH) - Tutsis seeking refuge at the residence
of former Rwandan mayor Laurent Semanza were gunned down on his orders, a
witness told the International Criminal Tribunal for Rwanda (1CTR) on
Wednesday.
The sixth prosecution witness, dubbed "VI" to protect his identity, said
the victims were killed at Semanza's residence in central Rwanda on April
8th, 1994, just a day after the annoucement that former Rwandan presidient
Juvénal Habyarimana had been killed. He said some other people had been
killed at the home of Semanza's sister on April 7th.
Witness VI was testifying in the case against former Bicumbi mayor Semanza
who 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.
The witness, a Hutu, said that he knew Semanza before he became mayor, when
the suspect was working at the commune office in Bicumbi. "Since the
period when he became mayor he has never said nice things about the Tutsi,"
VI told the court.
According to the witness, Semanza at one time convened a meeting at the
commune where he called on the people to 'kill all the Inkotanyi [term
used to refer to the Tutsi] when in the field cultivating or at home". He
added that the mayor said if the Hutus were farming they could kill the
Inkotanyi with hoes or machetes. "He said the Inkotanyi guns fired peas, so
they should not be afraid of them," VI told the court.
The witness said that he lived closed to Semanza's residence in Gahengeri
and witnessed people undergoing training on the use of arms. He said that
once when he went to the commune office, he saw weapons being distributed
openly.
VI told the court that some Interahamwe militia had set up camp within the
commune office and were being trained by soldiers from Kanombe commune.
Semanza is appearing before Trial Chamber Three of the ICTR, composed of
judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica
and Pavel Dolenc of Slovenia.
The trial was adjourned until December 4th. Trial Chamber Three is also
hearing the case against three genocide suspects accused of crimes in the
Cyangugu region of southwest Rwanda. The so-called Cyangugu Trial resumes
on Monday 20th.
SW/JC/FH (SE%1109E )
* NOVEMBER 15TH 2000
ICTR/ SEMANZA
MAYOR PLEDGED ASSAILANTS SUPPORT AND PROTECTION, SAYS WITNESS
Arusha, November 15th, 2000 (FH) - Former Rwandan mayor Laurent Semanza
called on young Hutus to arm themselves "against the enemy" without any
fear, saying he was "strong enough to protect them", a witness told the
International Criminal Tribunal for Rwanda (ICTR) on Wednesday.
Semanza, a former mayor of Bicumbi, central Rwanda, is charged with 14
counts of genocide and crimes against humanity related to massacres of
Tutsis in the communes of Gikoro and Bicumbi in 1994.
The fifth prosecution witness, dubbed "WS" to protect his identity, told
the UN court that Semanza addressed a meeting in September 1992, where he
called on all young and strong Hutus to sign up for training on how to
fight the enemy. WS said that the mayor focussed particularly on the
"enemy" in the Rugende and Mutara regions of Bicumbi. He explained that
these regions had a high concentration of Tutsis.
The witness described himself as a Hutu who had participated in some of the
training sessions and who was subsequently detained for a year and a half
on suspicion of leaking information about the training. WS said the
participants were trained on how to handle guns and shells, and that the
equipment belonged to the commune.
WS told the court that the equipment was kept in the police armoury and
"brought only when the mayor was present". The training took place in a
small forest near the commune offices in Nzige, WS said.
Witness WS said he saw Semanza giving the sector representative in charge
of the recruitment , Anastase Nkazamuregu, a list of names of people who
were to be trained. The training was conducted by the commune brigadier and
his deputy, according to the witness.
WS told the court that he learned about the training while working as a
driver's assistant for Mr "X" (designated thus for protection). "I happened
to transport the people to the place of training and I helped to pay them,"
he said. Witness WS said he transported people to the training session on
two occasions.
The selection criteria, he continued, were that the people had to be young
Hutus, members of the former single party MRND, not associated with the
Tutsis, and trustworthy enough not to tell Tutsis about the training.
During cross-examination by Semanza's Cameroonian defence counsel Charles
Taku, the witness said he was later arrested and detained because he had
attended the training when his name was not on the participants' list, even
though his boss "Mr X" had invited him.
Semanza is appearing before Trial Chamber Three of the ICTR, composed of
judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica
and Pavel Dolenc of Slovenia.
SW/JC/FH (SE%1115E )
NOVEMBER 14TH 2000
ICTR/SEMANZA
JUDGES CAUTION SEMANZA LAWYER DURING CROSS-QUESTIONING
Arusha, November 14th, 2000 (FH) - Judges at the International Criminal Tribunal for Rwanda (ICTR) on Tuesday frequently cautioned defence counsel for former Rwandan mayor Laurent Semanza to desist from distorting statements made by a prosecution witness during cross-examination, reports the independent news agency Hirondelle.
"All the time you are referring to what the witness said before [during the examination in chief] and all the time you are distorting his statements," a seemingly unhappy judge Yakov Ostrovsky of Russia told Semanza's co-counsel Sadikou Alao (Benin).
The defence counsel was cross-examining the fourth prosecution witness, a survivor of the 1994 genocide designated 'VN' to protect his identity.
Semanza, 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.
At one point, Semanza's defence was reprimanded by both the judges and the prosecution for quoting witness VN as having confessed that he was a spy. "The witness didn't say anything like that, " prosecutor Chile Osuji protested.
"We have some problems understanding this," Judge George Williams of Jamaica told Semanza's co-counsel. "Where is this line of questioning taking us?"
Alao argued that Semanza was simply a mere citizen like the rest. He said that the simple fact of being rich did not mean that Semanza had the power to incite people to commit genocide.
Semanza, 56, is appearing before Trial Chamber Three of the ICTR, composed of judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica and Pavel Dolenc of Slovenia.
GG/JC/PHD/FH (SE%1114E )
NOVEMBER 9TH 2000
ICTR/SEMANZA
POWERFUL FORMER MAYOR FACILITATED TRAINING OF ASSAILANTS, WITNESS SAYS
Arusha, November 9th, 2000 (FH) - Former Rwandan Mayor Laurent Semanza
ordered the training of assailants and participated in the killings of
Tutsi in the 1994 genocide, a witness told the International Criminal
Tribunal for Rwanda (ICTR), on Thursday.
The fourth prosecution witness, dubbed "VN" to protect his identity, said
that Semanza participated in the training of assailants including
Interahamwe militia who attacked Tutsis in Bicumbi in the Kigali Province,
Central Rwanda.
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 in 1994. At the time of the genocide,
Semanza was a nominated member of parliament of the MRND party, and was
allegedly very influential.
Witness VN told the court that Semanza inaugurated the start of a session
in which "people were trained to handle guns" in a forest near the commune
office in Bicumbi. He said that communal officials, policemen and others
participated. Semanza, the witness said, was only present on the first day
of this training but maintained control through the commune officials.
VN said that Semanza called a meeting for communal authorities in Bicumbi
after the death of the former President was announced on April 7th. The
witness added that the people who attended it emerged with arms, while they
had gone there empty-handed. The arms were obtained from the communal
office the witness said, and that no Tutsi or moderate Hutu was allowed to
attend the meeting.
After the meeting Tutsi were attacked and they fled their homes to the
Mwulire Hills on April 8th, and further to Rwamagana Parish in Kibungo
commune, neighbouring Bicumbi, VN said.
"I would say that it was the good God who saved us," said VN who lost six
members of this family at Mwulire Hill.
But Semanza and other officials from Bicumbi commune pursued the refugees
at Rwamagana Parish, the witness said. The former Mayor allegedly told the
commandant of Rwamagana gendarmerie to ask the citizens of Bicumbi to
return home because there was peace, according to VN. Some refugees
attempted to flee back to Mwulire Hills and others to cross the Lake
Muhazi, he said.
Thereafter, attacks continued from April 11th and the witness said he saw
Semanza on the 18th when the last major scale attacked was carried out.
Semanza brought Interahamwes and their equipment aboard a red pickup
belonging to the APEDA School, said VN.
He identified a picture of Semanza's house presented by prosecutor Chile
Osuji. VN told the court that the house was partly damaged because a fight
between the RPF soldiers and Interahamwes camping there took place toward
the end of April. The witness said that Semanza stored bulk of ammunition
in his residence.
Semanza is appearing before Trial Chamber Three of the ICTR, composed of
judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica
and Pavel Dolenc of Slovenia. The case continues on Monday 13th with the
cross examination by defence.
SW/JC/FH (SE%1110E )
NOVEMBER 7TH 2000
ICTR/SEMANZA
FORMER MAYOR WANTED TUTSI CORPSES THROWN INTO RIVERS TO "FLOW AS FAR AS
ETHIOPIA"
Arusha, November 7th, 2000 (FH) - Former Rwandan mayor and genocide
suspect Laurent Semanza told people in his region that Tutsis should be
killed and thrown into two rivers, a prosecution witness told the
International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
The third prosecution witness, a Tutsi woman dubbed "VC" to protect her
identity, said Semanza told a public meeting in Gikoro commune (Kigali
Rural prefecture, central Rwanda) that Tutsis should be killed. Semanza was
mayor of neighbouring Bicumbi
VC said Semanza had been invited to address the meeting by the mayor of
Gikoro commune, Paul Bisengimana. She said the meeting was mandatory and
that those who did not attend were arrested.
During this meeting, she said, Semanza told the people that Tutsis would be
killed. Those in Gikoro, he said, would be thrown into Lake Muhazi and
those in Bicumbi into Lake Mugasera, so that "the bodies would go right
back to Ethiopia where they had originally come from".
"I can swear in the name of God that I heard him," witness VC told the
court. "I was there in that meeting...yes, I saw him with my own eyes." She
said this meeting was held before the killings in April 1994 began.
The witness said that Semanza had called an earlier meeting in January 1994
near Lake Muhazi in Gikoro commune. She said she was warned by the leader
of a "cell" (smallest administrative unit) who attended the meeting that it
had discussed plans to kill Tutsis, and that the authorities had given
weapons to the cell leaders to distribute.
A few days after the meeting near Lake Muhazi, Tutsis were harrassed and
stoned to an extent where some had to abandon their homes and spend the
night in the bush, the witness told the court.
She said that the authorities perceived Tutsis and those who were not
members of the former single party MRND as enemies. A young Hutu man who
had left the MRND and joined the Liberal Party was killed, she said.
Semanza, was a central committee member of the MRND and allegedly very
influential. He is charged with 14 counts of genocide and crimes against
humanity related to massacres of Tutsis in the communes of Gikoro and
Bicumbi in 1994. The prosecution also accuses him of working in close
co-operation with Bisengimana to organise and execute massacres at the
Musha church in Gikoro commune, where several thousand Tutsis had taken
refuge.
SW/JC/FH (SE%1106e)
NOVEMBER 6TH 2000
ICTR/SEMANZA
TRIAL OF FORMER RWANDAN MAYOR RESUMES
Arusha, November 6th, 2000 (FH) - The trial of former Rwandan mayor Laurent Semanza resumed on Monday before the International Criminal Tribunal for Rwanda (ICTR) with a closed hearing of testimony from a second prosecution witness.
The Chamber granted a prosecution request that witness "VAJ" be heard in camera because some of the questions could reveal the identity of protected witnesses. It rejected arguments by Semanza's defence counsel Charles Taku (USA) that the trial should be postponed pending an Appeals Court decision on an urgent motion.
Semanza's trial started on October 16th this year, but was adjourned after two days during which the first prosecution witness, Canadian policeman Pierre Duclos, gave his testimony.
The trial is alternating with the so-called Cyangugu trial before the ICTR's Trial Chamber Three. The Cyangugu trial groups three suspects accused of genocide in the Cyangugu region of southwest Rwanda. The Chamber is composed of judges Yakov Ostrovsky (Russia), Lloyd Williams (Jamaica) and Pavel Dolenc (Slovenia). Judge Williams is presiding in the Cyangugu trial and Judge Ostrovsky in the Semanza trial.
Semanza, 46, was mayor of Bicumbi in Kigali rural prefecture, central Rwanda, during the 1994 genocide. He is charged with 14 counts of genocide, war crimes and crimes against humanity including rape. He was arrested in Cameroon in March 1996 and made his initial appearance at the Tribunal in February 1998.
SW/JC/FH (SE%1106e)
OCTOBER 18th 2000
ICTR/SEMANZA
RWANDA TRIBUNAL ADJOURNS SEMANZA TRIAL
Arusha, October 17th, 2000 (FH) – The International Criminal Tribunal for
Rwanda (ICTR) on Tuesday adjourned the trial of former Rwandan mayor
Laurent Semanza, only a day after it started. The parties agreed that it
would resume on November 6th.
The adjournment comes after the court heard opening statements from the
prosecution and one prosecution witness. Trial Chamber Three, which is
trying the case, has also just opened the trial of three suspects accused of
genocide in the Cyangugu region of southwest Rwanda.
Semanza, 46, was mayor of Bicumbi in Kigali rural prefecture, central
Rwanda, during the 1994 genocide. He is charged with 14 counts of genocide,
war crimes and crimes against humanity, including rape.
On Monday and Tuesday, the court heard testimony from Canadian policeman
Pierre Duclos, who was an investigator for the prosecution on the Semanza
case. But on Tuesday, Semanza’s co-counsel Sadikou Alao of Benin, submitted
an urgent motion contesting Duclos’s evidence on the basis that it was
manipulated.
Duclos produced three videocassettes, which he admitted to editing at the
prosecution’s request “so as to omit parts that would reveal the identity of
witnesses”, he told the court. He also submitted a fourth videocassette,
which he said he had not produced himself but which he had copied for the
ICTR.
Semanza’s defence lawyer, in an urgent request submitted orally, said the
tapes could not be used as evidence. “We ask that the original, unedited
tapes be given to you, “ Alao told the court, “and also the original of the
fourth tape, said not to be the work of the witness, so that you can see the
extent of manipulation. As the manipulated tapes cannot be used as evidence,
they should be withdrawn.”
The lawyer urged the judges to examine very carefully the “moral uprightness
of the witness”. He claimed there had been cases at the ICTR where evidence
had been falsified, but gave no details. Some ICTR defence lawyers say
Duclos was cited in the so-called “Matticks affair” in Canada, where there
were allegations of evidence being manipulated.
Duclos was a security guard at the safe house where former Rwandan Prime
Minister Jean Kambanda was detained before he pleaded guilty to genocide and
crimes against humanity. The ICTR sentenced Kambanda to life imprisonment,
but he has now asked the Appeals Court to change his plea to not-guilty. The
Appeals Court is due to hand down its decision on Thursday, October 19th.
SW/AT/JC/FH (SE%1017e)
OCTOBER 16th 2000
ICTR/ SEMANZA
RWANDA TRIBUNAL STARTS TRIAL OF EX-MAYOR SEMANZA
Arusha, October 16th, 2000 (FH) – The trial of Laurent Semanza, former
mayor of Bicumbi (Kigali rural prefecture, central Rwanda), started Monday
before the International Criminal Tribunal for Rwanda (ICTR).
Semanza, 46, is charged with 14 counts of genocide and crimes against
humanity related to massacres of Tutsis in the communes of Gikoro and
Bicumbi in 1994. The prosecution also accuses him of planning, ordering and
encouraging Interahamwe militia and other persons to rape and sexually
assault Tutsi women.
Nigerian prosecutor Chile Eboe Osuji described Semanza as one of those
through whom the angel of death took hold of Rwanda in 1994. He told the
court that Semanza was an influential man, close to former Rwandan president
Juvénal Habyarimana, whose unnatural death sparked the 1994 genocide. The
genocide left some 800,000 Tutsis and moderate Hutus dead between April and
July.
The prosecutor said Semanza was so influential that he even had a say in
the appointment and removal of ministers. Chile Eboe Osuji also claimed that
Semanza’s wife was known as Habyarimana’s fortune-teller.
Semanza was arrested in Cameroon in March 1996. He is defended by lawyers
Charles Taku of Cameroon and Sadikou Alao of Benin.
Just before the trial opened, the judges examined a request from the
Belgian government to appear as amicus curiae (friend of the court) in the
case. Belgium wants to be heard in relation to charges also levelled against
Semanza that he seriously violated the Geneva Conventions on war crimes.
Belgium says it is afraid that the ICTR may adopt an interpretation of the
crimes which is “too restrictive”.
The Tribunal has indicated that if Belgium’s request is accepted, it will
be authorized to send a representative to be heard during the closing
arguments of the case.
Semanza is appearing before Trial Chamber Three of the ICTR, composed of
judges Yakov Ostrovsky of Russia (presiding), George Williams of Jamaica and
Pavel Dolenc of Slovenia. The first witness for the prosecution is due to
begin testifying Monday afternoon.
AT/JC/FH (SE%1016E )
24th JULY 2000
ICTR/SEMANZA
TRIAL OF FORMER RWANDAN MAYOR SEMANZA TO START OCTOBER 16TH
Arusha, July 24th, 2000 (FH) - The trial of former Rwandan mayor Laurent Semanza is to start on October 16th, according to the latest judicial calendar of the International Criminal Tribunal for Rwanda (ICTR).
Semanza, 56, was mayor of Bicumbi, in the Kigali rural prefecture of central Rwanda, during the 1994 genocide. He faces 14 charges of genocide, crimes against humanity and serious violations of the Geneva Conventions on war crimes, for his alleged part in massacres of ethnic Tutsis.
The prosecution also accuses Semanza of having "instigated, ordered and encouraged militiamen, in particular Interahamwe, and other persons to rape Tutsi women or commit other outrages upon the personal dignity of Tutsi women".
Semanza was arrested in Cameroon in March 1996. He is defended by Cameroonian lawyer Charles Taku. The accused had previously contested his arrest and detention, and demanded his release on the grounds they were illegal.
Last month, the ICTR Appeals Court ruled that there had indeed been failings on the part of the prosecution, and that the rights of the accused had been violated during his initial detention. They ordered that these violations be taken into account at the time of his judgement by the ICTR. If he is found not-guilty, the court said he should receive financial compensation. If he is found guilty, it said his sentence should be reduced to take account of the violations.
AT/JC/FH (SE%0724E)
JUNE 13th 2000
ICTR/SEMANZA
APPEALS CHAMBER REJECTS REQUEST TO RELEASE FORMER MAYOR
Arusha, June 13, 2000 (FH) - The Appeals Chamber of the International Criminal Tribunal for Rwanda has ruled to reject an appeal lodged by lawyers of Laurent Semanza seeking to have his arrestand detention declared null and void on grounds of illegality.
Semanza, the former mayor of Bicumbi commune in rural Kigali, was arrested and detained in similar circumstances as those of the controversial genocide suspect Jean Bosco Barayagwiza.
Barayagwiza had initially been ordered released by the Tribunal after the Appeals Chamber found that his rights had been repeatedly violated during his arrest and detention. However, the Prosecution sought a review of the judgement by presenting new evidence to the fact that the detention had not been out of negligence on its part. Semanza's and Barayagwiza's appeals were both heard by the Chamber earlier this year in February.
Semanza's lawyers said that the former mayor had been detained for more than the legally provided 30 days in Cameroon at the request of ICTR prosecutors without an indictment or warrant of arrest. They pointed out that the prosecution actually filed charges six months late. They also pointed out that their client had stayed excessively long before being transferred from Cameroon to the Tribunal and even then, stayed for a longer time before appearing in a court to plead to the charges.
Although the court found that Semanza's rights had been violated, it denied his request to be set at liberty on the grounds of his prolonged pre-trial detention in Cameroon . The judges , however, ruled that he was entitled to reparations for the violation of his rights.
Consequently, Semanza will stand trial and if found not be reduced to compensate for the violation of his rights.
The decision was similar in many respects to that rendered by the Appeal Chamber on March 31 in reviewing their decision to free Jean Bosco Barayagwiza. In that decision the Chamber, while also acknowledging that Barayagwiza's rights had been violated, ordered a similar remedy in place of their initial decision to free him.
Commenting on the decision, the Tribunal's spokes person Kingsley Moghalu said that ' it reflected the balance of the court in of the accused and the gravity of the charges against him.
Semanza is charged with 14 counts of genocide, crimes against humanity and war crimes. He is accused of inciting militiamen to rape Tutsi women before killing them and of cutting off a man's arm during the 1994 genocide.
MK/CR/FH (SE%0613e)
FEBRUARY 16th 2000
ICTR/SEMANZA/APPEALS
TOP UN PROSECUTORS DEFEND THEIR RECORD ON PROCEDURAL LAPSES
Arusha, February 16th, 2000 (FH) - UN Rwanda tribunal Prosecutor Carla Del Ponte and her deputy Bernard Muna on Wednesday argued that procedural delays during a genocide suspect's initial detention in Cameroon were beyond their control, and that the prosecution had shown due diligence at all stages.
Del Ponte and Muna were arguing for the rejection of a motion by former Rwandan mayor Laurent Semanza, before the Appeals Court of the International Criminal Tribunal for Rwanda (ICTR). Semanza wants his arrest and detention declared illegal, on the grounds that his rights were repeatedly violated. In that case, the Appeals Court would have to order his release.
But Del Ponte began by reminding the court of the seriousness of Semanza's crimes. "You should not forget the charges brought against Semanza," she said, "and the counts confirmed in the indictment. The matter at issue is the crime of genocide. We have evidence against Semanza. We could say that Semanza should be convicted of genocide, and genocide requires a life sentence."
Semanza's case is seen as remarkably similar to that of another genocide suspect, Jean-Bosco Barayagwiza, whom the Appeals Court in November ordered released on technical grounds. That decision caused the Rwandan government to suspend cooperation with the ICTR, although cooperation has just been officially resumed.
Del Ponte has filed for a review of the decision on Barayagwiza, on the grounds that she has "new facts". The Appeals Court is to hear that request on February 22nd. She is likely to use a similar strategy in both the Semanza and Barayagwiza hearings.
"Today and next week in the case of Barayagwiza, you will be deciding upon the existence of this Tribunal," Del Ponte told the Appeals Court judges. She later appealed to them again, saying that "I have 800,000 to one million corpses crying out for justice and it is your task to decide what to do."
No power over national authorities
Del Ponte then recognized that the issue at hand was whether the Tribunal's Rules of Procedure had been violated, and went on to argue that they had not.
Semanza was arrested in Cameroon in March 1996, along with 11 others including Barayagwiza. His indictment was not confirmed until October 23rd, 1997, and he was not transferred to the custody of the Tribunal in Arusha until November 11th, 1997. His initial appearance, at which he pleaded not guilty to all charges, took place on February 16th, 1998.
In the Barayagwiza case, the judges' decision rested heavily on Rule 40 bis of the ICTR Rules of Procedure and Evidence, which says that: "the total period of detention shall in no case exceed 90 days, at the end of which, in the event the indictment has not been confirmed and an arrest warrant signed, the suspect shall be released [...]."
However, Del Ponte argued that for much of the period of initial detention in Cameroon, the authorities there were examining an extradition request from the government of Rwanda, which was finally rejected, and that the ICTR had at that point withdrawn its own request for Semanza. "Even if the Rules of Procedure were violated, which I challenge," she said, "he would have remained in detention. So no prejudice was suffered by the accused."
"Everything happened lawfully," Del Ponte continued. She said that while an accused was in the custody of a national authority, it was domestic laws and procedures which applied.
"Who decides the moment of transfer?" she asked. "It is not the Tribunal but the national authorities. We shouldn't forget that neither the Prosecutor nor the Tribunal are party to the extradition procedures, we cannot intervene." She argued that the prosecution had done all it could by keeping regularly informed of the state of proceedings in Cameroon and applying pressure where possible.
This argument was echoed by Deputy Prosecutor Muna of Cameroon. "These acts were not in our control. How can we address due diligence when control is in the hands of a sovereign state?" he asked the court.
Semanza's defence lawyer had earlier argued that the prosecution could intervene by writing to the ICTR President, who could then solicit the help of the UN Security Council. This argument was refuted by Muna. He argued that Cameroon was not refusing to cooperate, but was merely being slow.
Both Del Ponte and Muna argued that at no stage had the rights of the accused been violated, and that he had been represented by a defence lawyer at all stages. They also claimed it was the defence which had requested a postponement of the initial appearance after Semanza's transfer to Arusha. "If you look at the details, there was no violation of the accused's rights," Del Ponte told the court.
Presiding judge Claude Jorda of France said that the Appeals Court would render its decision on the matter "as soon as possible".
JC/FH (SE%0216f)
FEBRUARY 16th 2000
ICTR/SEMANZA/APPEALS
SEMANZA ASKS APPEALS COURT TO RELEASE HIM ON SAME GROUNDS AS BARAYAGWIZA
Arusha, February 16th, 2000 (FH) - The defence lawyer for genocide suspect Laurent Semanza on Wednesday asked the Appeals Court of the International Criminal Tribunal for Rwanda (ICTR) to order his client's release and return to Cameroon on the grounds that his arrest there was illegal and that the prosecution repeatedly failed to respect his rights. .
Cameroonian co-counsel Charles Acheleke Taku pointed out that the facts of the case were "the same, similar or even identical" to that of Jean-Bosco Barayagwiza, a leading genocide suspect whom the Appeals Court ordered released on procedural grounds last November.
Semanza, like Barayagwiza, was arrested in Cameroon in March 1996. However, he says he did not receive a formal indictment until after his transfer to the ICTR prison in Arusha in November 1997. He says his provisional detention in Cameroon violated his rights, as did the extension of the detention, and that the prosecution ignored its obligation to file an indictment within 30 days. In addition, he says he was discriminated against, in relation to other accused who were arrested in Cameroon at the same time.
Taku is challenging the Trial Chamber's decision of October 6th, 1999, in which it threw out Semanza's original motion. The Trial Chamber ruled that "an accused, before his transfer to the custody of the Tribunal, has no remedy under the Statute and Rules for the detention and acts by sovereign States over which the Tribunal does not exercise control."
But Semanza's defence lawyer said that "if this rule is allowed to stand, it is going to give problems". He claimed it was wrong because the Tribunal could in fact exercise control. Taku said that if a country (in this case Cameroon) was refusing to hand a suspect over to the Tribunal, the prosecution had only to signal this to the Trial Chamber, and the Chamber could refer the matter to the UN Security Council.
He also argued that prosecution documents submitted in the Appeal should be thrown out for several reasons. These documents seek to show that, during Semanza's lengthy initial detention in Cameroon, the prosecution was doing all in its power to obtain his speedy transfer to Arusha.
Taku argued that these documents should have been submitted at the Trial Chamber level, and that in any case they were full of factual errors and misrepresentations. For example, a letter from the Cameroonian authorities said that former ICTR Registrar Andronico Adede paid several visits to Cameroon between March and October 1997 to exert pressure for Semanza's transfer. But Adede left his post in February that year.
Taku also argued that some documents referred to Barayagwiza and not to Semanza. This was notably the case for an affidavit signed by US war crimes ambassador David Sheffer, putting pressure on the Cameroonian authorities to transfer the Rwandan detainees.
"The instruments by which he was arrested and that were served on him were documents that have nothing whatever to do with him," Taku told the court. Chief Prosecutor Carla del Ponte takes the stand on Wednesday afternoon to argue her case.
Defence lawyer under investigation
Taku, who is normally Semanza's co-counsel, was arguing for the accused in the absence of lead counsel André Dumont of Belgium. The court heard that Dumont has asked to be removed from the case, and that Semanza has also rejected him.
However, Dumont has not yet been officially relieved of his duties, because he is under investigation by the ICTR Registry for having disguised the identity of one of his investigators. If he is found to have done so knowingly, he could be sanctioned for committing a serious professional fault.
Presiding judge Claude Jorda (France) asked the accused if he agreed that Taku should represent him in the meantime. Once Semanza had agreed, Jorda ruled that the proceedings should go ahead "in the interests of justice".
JC/FH
NOVEMBER 8th 1999
ICTR /SEMANZA
TRIAL OF EX-MAYOR OF BICUMBI POSTPONED INDEFINITELY
Arusha, November 8th, '99 (FH) - The trial of the former mayor of Bicumbi (Kigali prefecture, central-eastern Rwanda) Laurent Semanza, due to start next Wednesday before the International Tribunal for Rwanda (ICTR) has been postponed indefinitely.
The judges took the decision during Monday's pre-trial conference, after a last minute motion "of extreme urgency" was filed by the prosecution. The motion was aimed at avoiding the communication of certain witnesses' names to the defence, out of a concern for their security. Both parties agreed to reconvene on November 17th to continue talks on an informal basis, according to one of the participants.
As he left the meeting, Laurent Semanza's Belgian lawyer André Dumont told the news agency Hirondelle that the prosecution refused to give him all the supporting evidence on which the trial will be based. Mr Dumont also said that a motion filed by the defence relating to the "illegal" arrest and detention of the accused, currently being considered by the appeals court, would probably result in further suspensions. "As soon as a motion goes to appeal, the Tribunal is removed from the case" he explained.
Dumont is arguing that Laurent Semanza was arrested and detained under the same conditions as the former director of political affairs at the Rwandan foreign office, Jean-Bosco Barayagwisa. Following a decision by the appeals court handed down on November 3rd, the judges granted Barayagwisa an unconditional release. The court based its decision on irregularities observed in trial proceedings during his detention in Cameroon and following his transfer to the Arusha Tribunal. "We are talking about the same places and the same dates" as Laurent Semanza, argued André Dumont.
Commenting on Saturday's decision by the Rwandan Government to suspend cooperation with the ICTR as a reaction to the release of Jean-Bosco Barayagwiza, Semanza's lawyer asked "can we really talk of a smooth trial right now?". In his view, the best strategy from now on is to await the public's reaction to recent events.
Dumont also criticised the fact that the office of the prosecutor is situated in Rwanda, arguing that this puts the prosecution at a definite advantage.
Next Friday, three other accused will be testing the court's reaction to similar motions on arbitrary arrest and detention. These include the former president of the ex-presidential party Matthieu Ngirumpatse, the former minister of the interior under the interim government and vice-president of the ex-presidential party, Edouard Karemera and the former mayor of Mukingo (Ruhengeri prefecture, north-eastern Rwanda), Juvénal Kajelijeli.
AT/PHD/FH (SE§1108A )
OCTOBER 6th 1999
ICTR/SEMANZA
SEMANZA TRIAL TO START IN NOVEMBER
Arusha, October 6th, '99 (FH) - The trial of former Rwandan mayor Laurent Semanza is to start at the International Criminal Tribunal for Rwanda (ICTR) on November 10th, ICTR spokesman Kingsley Moghalu said on Wednesday.
Semanza was mayor of Bicumbi, in greater Kigali prefecture, central Rwanda. He faces trial for genocide, crimes against humanity including incitement to rape, and violations of the Geneva Conventions on war crimes.
On September 29th, the court denied a defence motion seeking to have the war crimes charges dropped. However, it gave the prosecution two weeks to amend Semanza's indictment to substantiate its argument that certain charges amount to war crimes. In particular, it ordered the prosecution to provide a "concise statement of facts indicating the nexus between the crimes allegedly committed and the non-international armed conflict in Rwanda [at the time of the genocide]".
Moghalu said this decision was in line with ICTR decisions taken during the trials of former Rwandan mayor Jean-Paul Akayesu and former prefect of Kibuye (western Rwanda) Clément Kayishema. It was during the Kayishema trial that the "nexus" requirement was established, putting the onus on the prosecution to prove the link between the accused's alleged crimes and the war in Rwanda.
"This continues the trend in [ICTR] jurisprudence with regard to war crimes," Moghalu said. "This has not been an easy charge to stick onto an accused."
At an initial appearance on June 24th, Semanza pleaded not guilty to all fourteen counts contained in his indictment.
Semanza was mayor of Bicumbi for more than 20 years. At the time of the genocide in 1994, he was chairman of the MRND party of former president Juvénal Habyarimana for the greater Kigali area. He was also a member of the MRND's central committee.
According to the prosecution, Semanza was an influential person throughout the region and had authority over the milita and the population.
Two Belgian lawyers have been assigned to Semanza's case: André Dumont and his co-counsel Albert Evrard. The former mayor was arrested in March 1996 in Cameroon and transferred to the UN detention facility in Arusha in November 1997.
JC/FH (SE§1006e)
SEPTEMBER 23rd 1999
ICTR/SEMANZA
DEFENCE LAWYER SAYS GENOCIDE SUSPECT BEING HELD ILLEGALLY
Arusha, September 23rd, '99 (FH) - The defence lawyer for former mayor of Bicumbi (greater Kigali prefecture, central Rwanda) Laurent Semanza told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that his client was arrested unlawfully.
Semanza was arrested on March 27th, 1996, in Cameroon and was only indicted in October 1997, Belgian defence counsel André Dumont said. He asked the prosecutor to explain the delay.
Dumont cited a Tribunal rule saying that preventive detention could be no longer than three months, and said his client's fundamental rights had been violated. He therefore called on the court to declare Semanza's arrest and subsequent detention illegal.
Semanza was originally detained on the basis of an international arrest warrant issued by the Rwandan authorities. Prosecutors at the ICTR then also submitted a request to Cameroon for provisional measures.
The Tribunal subsequently withdrew its request, then re-issued it "without informing Laurent Semanza at all," according to Dumont. He said the Tribunal's failure to inform his client rendered the measures unlawful and unjustifiable.
American prosecutor David Spencer said the prosecution had decided not to seek Semanza as Rwanda had an extradition request out for him. But when the Yaounde Appeal Court in February 1997 rejected the Rwandan request, the ICTR immediately reintroduced its detention order.
Semanza was arrested along with some ten other Rwandans, of whom several were transferred to the ICTR. These included former top defence ministry advisor Théoneste Bagosora, former boss of RTLM radio Ferdinand Nahimana, former military intelligence chief Anatole Nsengiyumva and former policy advisor to the foreign ministry Jean-Bosco Barayagwiza.
Also on Thursday, the defence introduced a request for the court to throw out charges relating to violations of the Geneva Conventions on war crimes. Dumont said these charges were "devoid of any legal basis".
Prosecutor Spencer argued that the charges were scrupulously documented with references to the relevant articles of international law. The charges, he reminded the court, included murder, rape, cruel and degrading treatment.
Russian judge Yakov Ostrovsky said it was not clear from the indictment whether these were war crimes or crimes against humanity.
Semanza is charged with fourteen counts relating to massacres of ethnic Tutsis in the Gikoro and Bicumbi communes between April and July 1994. The indictment also accuses him of "planning, ordering and encouraging militia and other people to rape Tutsi women".
Semanza, 55, was appearing before Trial Chamber Three of the ICTR, presided by Jamaican judge Lloyd George Williams. The other two judges sitting in court were Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
AT/JC/FH (SE§0923e)
JUNE 24th 1999
ICTR/SEMANZA
FORMER RWANDAN MAYOR PLEADS NOT GUILTY TO AMENDED INDICTMENT
Arusha, June 24th '99 (FH) - Former Rwandan mayor Laurent Semanza on Thursday pleaded not guilty to charges of rape and genocide before the International Criminal Tribunal for Rwanda (ICTR).
Semanza was mayor of Bicumbi (greater Kigali prefecture, central Rwanda). He was pleading on the basis of a newly amended indictment. On June 18th, the court granted the prosecution leave to add seven new charges to the original indictment, including rape. The original indictment dates from October 1997.
The defendant is now charged with fourteen counts of genocide, incitement to commit genocide, complicity in genocide, crimes against humanity and violations of the Geneva Conventions on war crimes. The crimes against humanity charges include rape and torture.
Semanza is accused of ordering massacres of ethnic Tutsis in Gikoro and Bicumbi communes during the 1994 genocide in Rwanda. He is also accused of ordering and inciting Interahmwe militia and other groups to rape or otherwise violate the dignity of Tutsi women.
The former mayor is accused, for example, of discussing with a group of people and ordering them to rape Tutsi women before killing them. The prosecution says two women were subsequently raped and one was killed.
Semanza appeared before Trial Chamber Three of the ICTR, presided by Jamaican judge Lloyd George Williams. The other two judges in the chamber are Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
The defendant refused the assistance of Indian duty counsel Bharat Chada, who had been designated by the registry to replace his assigned lawyer André Dumont of Belgium.
"The duty counsel came to see me yesterday," Semanza told the court. "I asked him to show me documents from my lawyer confirming his power of attorney. Up to now, he has not produced them." He told the court that assistance from Chada could be prejudicial to his case. "I intend to plead, but you should note that it is without the help of a lawyer," he said.
André Dumont was appointed to replace Canadian defence counsel Gaétan Bourassa, sacked by the ICTR last February.
AT/JC/FH (SE§0624e)
JUNE 18th 1999
ICTR/SEMANZA
FORMER RWANDAN MAYOR ACCUSED OF RAPE AS WELL AS GENOCIDE
Arusha, June 18th '99 (FH) - The International Criminal Tribunal for Rwanda (ICTR) on Friday authorized the prosecution to amend its indictment against former mayor of Bicumbi (greater Kigali prefecture, central Rwanda) Laurent Semanza.
Semanza had previously been charged with seven counts of genocide and crimes against humanity, relating to massacres of Tutsis in the Gikoro and Bicumbi communes. The prosecution has now been authorized to add seven extra charges, including rape.
Prosecutor David Spencer (U.S.) told the court that since the initial indictment was confirmed on October 23rd, 1997, new witnesses had provided fresh evidence. Spencer said the changes to the indictment would help the prosecution to prove its case against the accused.
The new indictment also contains charges relating to Semanza's criminal responsibility as a leader. Spencer told the court that the accused was "a very powerful man with influence over the people carrying out genocidal acts".
According to the prosecution, Semanza planned, ordered and encouraged the militamen, especially the Interahamwe, and other people to rape or otherwise violate the dignity of Tutsi women".
Semanza is accused, for example, of discussing with a group of people and ordering them to rape Tutsi women before killing them. The prosecution says two women were subsequently raped and one was killed.
The defendant will now have to plead guilty or not guilty to the new charges. The trial is taking place before Trial Chamber Two, presided by Tanzanian judge William Sekule.
Semanza's Belgian defence lawyer André Dumont asked the court whether "men who are capable of looting and killing" would need permission to carry out sexual abuse or even rape. "That seems to me totally unrealistic," he said. Dumont argued that Semanza had never been involved in acts of rape.
AT/JC/FH (SE§0618e)
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