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| APRIL 23rd, 2004
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ICTR/GOVERNMENT I
WITNESS ALLEGES FORMER MINISTER RWAMAKUBA ARMED HUTU YOUTH DURING GENOCIDE
Arusha, April 23rd, 2004 (FH)- The former Rwandan minister of education in the interim government during the 1994 genocide, Andre Rwamakuba, is alleged to have supplied machetes to young Hutus during the genocide.
The allegations were made Thursday by a prosecution witness at the International Criminal Tribunal for Rwanda (ICTR).
The witness code-named "GII" to keep his identity secret, said that on April 10 or 11 1994, Rwamakuba had brought to his home commune of Gikomero (Kigali rural) new machetes in the boot of his car.
"Young Hutus unloaded white sacks full of new machetes from the car. They started killing Tutsis and destroying their houses."
The witness also added that on April 4 or 5, the former minister had held a propaganda meeting for MDR-Power in Gikomero.
The MDR (the opposition Mouvement démocratique républicain) had split into two factions in 1993: a moderate one and the so-called "power" faction composed of radical Hutus.
The witness admitted that he had not attended the meeting and had only heard about it.
Andre Rwamakuba is jointly accused with three former leaders of the ruling party, the MRND (Mouvement Republicain National pour la Démocratie et le Développement): Mathieu Ngirumpatse, former president of the party, his vice president, Edouard Karemera, and the secretary general, Joseph Nzirorera.
Rwamakuba, unlike his co-accused, has been boycotting the proceedings since the trial opened on November 26, 2003, protesting that his case file has been manipulated by the prosecutor.
GII is the 11th prosecution witness called so far.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Andresia Vaz from Senegal (presiding), Flavia Lattanzi from Italy and Florence Arrey of Cameroon.
Proceedings were adjourned until Tuesday as Monday is a public holiday in Tanzania.
KN/ER/AT/GF/FH (GVI''0423e)
APRIL 22nd , 2004
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ICTR/BUTARE
WITNESS BLAMES ICTR INVESTIGATORS FOR CONTRADICTIONS IN HIS STATEMENT
Arusha, April 22nd , 2004 (FH)- A self-confessed killer and 52nd prosecution witness in the so-called Butare trial on Thursday blamed the investigators of the International Criminal Tribunal for Rwanda (ICTR) for wrongly recording part of his written statements.
The witness dubbed "FAH" to hide his true identity made the allegation during cross examination by Frederic Pacere, lead counsel for the accused Colonel Alphonse Nteziryayo, former prefect of Butare (southern Rwanda), on trial for genocide with five others.
"I told you there were some mistakes which were not mine. It is possible that those who took down my statements were mistaken," said FAH.
The witness was responding to a question by counsel Pacere who wanted to know why there were contradictions between the statements of confession and the other two written statements he made to the ICTR investigators in April 7, 1999 and February 2000.
The contradictions concerned a difference in the dates on which the accused was alleged to have addressed two different meetings to incite the population to kill and finish off Tutsis.
The cross examination alternated between closed and open sessions until the end of the witness testimony. The name of the commune concerned was not revealed.
The other accused include the former minister for Family and Women Affairs, Pauline Nyiramasuhuko; her son and militia leader, Arsene Shalom Ntahobali ; another former prefect of Butare, Sylvain Nsabimana; and two former mayors: Elie Ndayambaje, of Muganza commune and Joseph Kanyabashi of Ngoma.
All have pleaded not guilty to genocide and crimes against humanity. The trial continues next Tuesday.
The case is before Trial Chamber Two presided over by Judge William Hussein Sekule of Tanzania assisted by Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/JA/GF/FH (BT''0422e)
APRIL 22ND, 2003
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ICTR/DEFENCE
DEFENCE LAWYERS ASSOCIATION UNVEIL NEW COMMITTEE
Arusha, April 22nd, (FH)- Members of the Association of defence lawyers (ADAD) of the International Criminal Tribunal for Rwanda (ICTR) Wednesday night presented their new committee, headed by Hamuli Rety of the Bobigny Bar near Paris, France.
The vice president of the committee, Nicole Bergevin, is from the Montreal Bar in Canada, while its secretary general, Jean Degli is a Paris-based attorney. An estimated 85 lawyers of all nationalities regularly appear before the ICTR.
The president of the ICTR, Judge Erik Møse from Norway, who was one of those invited to attend the presentation of the new committee, announced that the defence lawyers body could now take part in the Tribunal's plenary sessions.
This annual gathering usually adopts modifications on the Tribunal's regulations. The next plenary session is set for Friday and Saturday in Arusha.
The ICTR, which was created on November 8, 2004 by the UN Security Council, opened its first trial in January 1997. It has since tried on 21 people out of the 82 accused of taking part in the Rwandan Genocide in 1994. 23 others are awaiting trials.
The mandate of the ICTR is set to end at the end of 2008.
KN/PB/JA/FH (DE''0422e)
APRIL 22nd, 2004
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ICTR/GOVERNMENT I
NGIRUMPATSE'S DEFENCE CHALLENGE CREDIBILITY OF WITNESS
Arusha, April 22nd, 2004 (FH)- The defence counsel for Mathieu Ngirumpatse, former president of the ruling party in Rwanda, the Mouvement Republicain National pour la Démocratie et le Développement (MRND), Wednesday questioned the credibility of a self-confessed killer appearing as a prosecution witness at the International Criminal Tribunal for Rwanda (ICTR).
Ngirumpatse is on trial with two other senior officials of the MRND; Joseph Nzirorera and Edouard Karemera, as well as a former minister of education, Andre Rwamakuba.
The witness, code-named GBU to protect his identity, is the 10th prosecution witness. He admitted that he was a member of the Interahamwe militia in Mukingo Commune (Ruhengeri province, northern Rwanda).
Ngirumpatse's lawyer, Charles Roach from Canada, pointed out to the witness that in a statement he made to ICTR investigators May 7, 1999, he had denied being a member of the militia.
"I did tell them that I was a member of the Interahamwe militia," the witness reacted.
"Did you also tell the investigators that on April 7, 1994, you had heard a radio announcement telling people not to leave their homes?" asked the lawyer.
"I told them that I had left my home on April 7. I never spoke about the radio announcement," retorted GBU.
In the end he blamed the contradictions on the ICTR investigators. "There are some elements in the statement which do not correspond with what I said," added the witness.
The trial continues in Trial Chamber One of the ICTR composed of Judge Andresia Vaz from Senegal (presiding), Flavia Lattanzi from Italy and Florence Arrey of Cameroon.
KN/ER/AT/JA/GF/FH(GVI''0422E)
APRIL 22nd, 2003
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ICTR/MUHIMANA
WITNESS SAYS HE BURIED TUTSI NEIGHBOUR'S DECAPITATED HEAD
Arusha, April 22nd, (FH)- A prosecution witness Thursday told the International Criminal Tribunal for Rwanda (ICTR), that he had sought and got permission to bury the head of a neighbour in June 1994.
The protected witness given the pseudonym BF was testifying in the case where the former councillor of Gishyita sector (Gishyita commune) in Kibuye province (Western Rwanda) Mika Muhimana, is accused of genocide and crimes against humanity.
He revealed that the head belonged to a prominent Tutsi coffee trader in Gishyita known as Assiel Kabanda who had been killed and decapitated by the accused.
"Mika had put the head on display in the window of Kabanda's shop", declared the witness. He added that Mika and other jubilant Interahamwe militia mocked the head, telling people to come and sell their coffee as Kabanda was back.
A previous witness code-named BE had told the Tribunal Wednesday that he had seen the headless body of Kabanda after he had been killed in Bisesero hills in Kibuye. He alleged that Kabanda's genitals had been cut off and pinned onto an electric pole.
"He was my neighbour and my friend. I could not bear to see his head exposed the way it was", the witness told Mika's lawyer, James Nyabirungu Mwene Songa from the Democratic Republic of Congo (DRC) during cross-examination.
"I had known him since 1962. He was a person who never discriminated against anyone and had many friends, both Hutus and Tutsis", stated the 79 year-old Hutu man.
Before being elected Councillor for Gishyita in 1988, Mika Muhimana, 54, had been a businessman in the area.
He is accused of four counts: genocide or in the alternative, complicity in genocide, crimes against humanity (rape and murder). He has pleaded not guilty.
The prosecution maintains that during the genocide, Mika not only directed the killings of thousands of Tutsis, but that he personally killed many women in Gishyita and the surrounding areas after having raped and publicly humiliated them.
He is also accused of having distributed weapons to Interahamwe militia, widely believed to have spearheaded the genocide.
He is the first municipal Councillor to be brought before the Tribunal. Another former counsellor of the neighbouring Mubuga sector, Vincent Rutaganira, is awaiting trial.
The trial is taking place in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan of Pakistan (presiding), Lee Gacuiga Muthoga of Kenya and Emile Francis Short from Ghana. The trial continues Tuesday.
KN/JA/GF/FH (MH''0422e)
APRIL 22nd, 2004
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ICTR/MILITARY I
TRIAL ADJOURNED AS JUDGES HOLD PLENARY SESSIONS
Arusha, April 22nd, 2004 (FH) - The on-going trial of four senior officers of the former Rwandan army (ex-FAR), was Thursday afternoon adjourned to Tuesday next week, because there will be a plenary session of all judges Friday and Saturday, which will be followed by a public holiday on Monday.
The last witness to testify reaffirmed before the International Criminal Tribunal for Rwanda (ICTR) what he had said earlier during his examination-in-chief.
During his testimony, the witness code-named KJ to protect his identity, had testified against one of the accused, the former director of Cabinet in the Rwandan Ministry of Defence, Colonel Theoneste Bagosora.
KJ, the 56th witness to be called by the prosecution, was cross-examined in the afternoon by Paul Skolnik (Canada), Bagosora's co-counsel, regarding information he provided indicating that Bagosora had authorized Interahamwe militia to be given weapons and food.
Colonel Theoneste Bagosora is co-accused with the former head of military operations of the army, General Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, former commander of Kanombe Paramilitary battalion based in Kigali.
All four have pleaded not guilty to charges of, among others, genocide, conspiracy to commit genocide, war crimes and crimes against humanity.
The next witness expected to testify is AL. The prosecution expects to bring at least 10 more witnesses.
The trial is being heard in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, presiding, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/KN/JA/GF/FH (ML''0422e)
APRIL 22ND 2004
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ICTR/ NIYITEGEKA
PROSECUTION WITNESSES TOLD BLATANT LIES, NIYITEGEKA CLAIMS
Arusha, April 22nd, 2004 (FH)- Former Rwandan Minister for Information and genocide convict Eliezer Niyitegeka on Thursday claimed before the Appeals Chamber of the International Criminal Tribunal for Rwanda that the evidence presented against him by prosecution witnesses during his trial were blatant lies.
"All statements made by factual witnesses are unfounded and merit to be deemed as blatant lies," Niyitegeka stated. Niyitegeka told the five judges hearing his appeal that the evidence of the factual witnesses were the results of coaching. The prosecution called 13 witnesses while the defence called 11.
He also found the conclusions of the trial chamber which convicted him last year "restrictive", when it stated that he was a person of good character before the 1994 Rwandan genocide.
"My character was good before the event, during the event and even now", he declared.
According to Niyitegeka, had the prosecutor carried out objective investigations, he would have realised that the allegations by the witnesses were inconsistent with his actions during the genocide. The trial chamber had rejected the alibi he gave as defence.
Regarding the participation of a prosecution attorney who had been suspended by the New York bar from practicing law, he said that her presence had caused enormous damage to his case.
Niyitegeka was allowed to make a personal statement for 15 minutes after his lawyer had completed his submission. The hearing of the appeal ended after his statement.
Niyitegeka, 52, was convicted by ICTR trial chamber on six counts of genocide and crimes against humanity on May 15th 2003 and sentenced to life imprisonment.
During the hearing of the appeal, Niyitegeka was represented by Irish lawyers Sylvie Geraghty and Feargal Kavanag while Ken Flemming from Australia led the prosecution.
The case is before Judges Theodor Meron of USA presiding, Mohamed Shahabudddeen, (Guyana) Florence Mumba, (Zambia) Wolfgang Schomburg, (Germany) Ines Monica Weinberg de Roca (Argentina). The Appeals Chamber has so far confirmed seven convictions and one acquittal.
PJ/JA/GF/FH (NI''0422F)
APRIL 22nd 2004
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ICTR/ NIYITEGEKA
PROSECUTOR DEFENDS NIYITEGEKA'S CONVICTION
Arusha, April 22nd, 2004 (FH)- A senior trial attorney before the Appeals chamber of the International Criminal Tribunal for Rwanda hearing the appeal of the former Rwandan minister for Information Eliezer Niyitegeka on Thursday defended the judgment and conviction of the accused.
"The judgment is a very carefully rendered one taking into account all matters required," said Ken Flemming (Australia) in reference to the judgment by the trial chamber. Niyitegeka, 52, was convicted by the ICTR trial chamber on six counts of genocide and crimes against humanity on May 15th 2003 and sentenced to life imprisonment.
Flemming argued that the prosecution case against Niyitegeka was "very strong and unassailable", contrary to the argument claims by the defence team that Niyitegeka was convicted on witness statements that were contradictory and "uncorroborated".
He added that the trial chamber tested the evidence of the prosecution and defence witnesses and was entitled to rely on them. The prosecution called 13 witnesses while the defence called 11.
Concerning the accusations by the defence that the involvement of a prosecutor Melinda Pollard (USA) who had been suspended twice by the New York bar, Flemming said despite her participation, Niyitegeka got a fair trial.
"Pollard had issues discrediting her but that does not make her an incompetent lawyer", Flemming argued.
Flemming maintained that Pollard was working under his supervision and was not a senior attorney in charge of prosecuting the trial.
"Without Pollard, there is still a substantive case against the accused," Flemming declared.
The case is before Judges Theodor Meron of USA presiding, Mohamed Shahabudddeen, (Guyana) Florence Mumba, (Zambia) Wolfgang Schomburg, (Germany) Inés Monica Weinberg de Roca (Argentina).
The Appeals Chamber has so far confirmed seven convictions and one acquittal.
PJ/JA/GF/FH (NI''0422e)
APRIL 21st 2004
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ICTR/ NIYITEGEKA
NIYITEGEKA CONVICTED ON MERE ALLEGATIONS
Arusha, April 21st , 2004 (FH)- A defence attorney on Wednesday told the Appeals chamber of the International Criminal Tribunal for Rwanda hearing the appeal of the former Rwandan minister for Information Eliezier Niyitegeka that the accused was convicted on "mere allegations".
Niyitegeka's co-counsel Feargal Kavanag stated before the chamber that "it is too dangerous to convict a person on mere allegations." Kavanag said Niyitegeka had been convicted for the murders of three Tutsis during the genocide yet only one witness said the victims existed .There was no corroboration of this evidence, he argued.
Niyitegeka, 52, was convicted by ICTR trial chamber on six counts of genocide and crimes against humanity on May 15th last year and sentenced to life imprisonment.
Kavanag further submitted that the alleged murders were not in the indictment but were only brought up during the trial by the witness. The trial chamber in its judgment found Niyitegeka was personally responsible for murder, including that of a Tutsi called Kabana who was killed, "decapitated and then castrated", and that of a Tutsi woman.
He added that the trial chamber made an error by dismissing the alibi of Niyitegeka instead of giving him the benefit of the doubt.
The defence attorney also discredited the evidence of three witnesses handled by a former prosecutor in the case Melinda Pollard (USA) as unreliable. One of the witnesses GK was an accomplice in the genocide crimes allegedly committed by Niyitegeka and should have also been prosecuted, he claimed.
The case is before Judges Theodor Meron of USA presiding, Mohamed Shahabudddeen, (Guyana) Florence Mumba, (Zambia) Wolfgang Schomburg, (Germany) Inés Monica Weinberg de Roca (Argentina).
The Appeals Chamber has so far confirmed seven convictions and one acquittal.
The prosecutor Ken Flemming of Australia will present arguments on Thursday.
PJ/JA/GF/FH (NI''0421F)
APRIL 21st, 2004
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ICTR/GOVERNMENT I
WITNESS ADMITS TELLING LIES TO CONCEAL HIS ROLE IN GENOCIDE
Arusha, April 21st, 2004 (FH)-A witness who appeared at the International Criminal Tribunal for Rwanda (ICTR), Tuesday admitted telling lies in order to hide his participation in the 1994 genocide in Rwanda.
The witness code-named "GBU" to protect his identity, made the assertion when he testified in the so-called "Government I" trial where three former senior officials of the ruling party and a former minister are on trial for their role in the anti-Tutsi genocide.
GBU, the 10th prosecution witness was being cross-examined by Peter Robinson, counsel for one of the accused, Joseph Nzirorera, secretary general of the Mouvement Republicain National pour la Démocratie et le Développement (MRND).
"There was no truth in my previous declarations I made in 1999. In fact I lied to escape my responsibilities", declared the witness.
The witness made several statements to Rwandan judicial authorities in Ruhengeri (northern Rwanda) as well as to investigators of the ICTR in Kigali.
Robinson was trying to show that the witness was not credible by pointing out discrepancies in his statements and his testimony in court. "I never told the truth before 1999. Even your client might one day admit what he is denying today", he told the attorney.
GBU had declared in his statements that in the week the followed the assassination of president Habyarimana on April 6, 1994, he had never left his home.
Later, he admitted that from April 7, he had taken part in the massacres of Tutsis in his home commune of Mukingo, (district in Ruhengeri). He alleged that in April, Nzirorera had congratulated Interahamwe militias in Mukingo for having killed Tutsis. Robinson continued to insist that the witness was not credible at all.
Nzirorera is jointly accused with two other former senior MRND officials; the president Mathieu Ngirumpatse and Edouard Karemera, vice president. Also accused is a former minister of education in the interim government, Andre Rwamakuba. He has been boycotting the proceedings ever since they opened in November 2003 claiming that his case file was "manipulated" by the prosecutor.
All four have pleaded not guilty to genocide and crimes against humanity. GBU's testimony continues in Trial Chamber One of the ICTR composed of Judge Andresia Vaz from Senegal (presiding), Flavia Lattanzi from Italy and Florence Arrey of Cameroon.
KN/ER/AT/JA/FH(GVI''0421e)
APRIL 21st , 2004
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ICTR/BUTARE
NTEZIRYAYO ALLEGEDLY ORDERED THE EXTERMINATION OF TUTSIS
Arusha, April 21st, 2004 (FH)- A self-confessed killer and prosecution witness on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that the former prefect of Butare, Colonel Alphonse Nteziryayo incited the population to exterminate Tutsis at two different public meetings.
The witness dubbed FAH to conceal his identity was testifying in the so called "Butare trial" in which Colonel Nteziryayo is co-accused with five others for genocide and crimes against humanity. The witness was scheduled to begin his testimony on Tuesday but was reported to have fallen sick, compelling the court to adjourn for a day.
During the first meeting FAH alleged that Col. Nteziryayo ordered the population to make patrols, erect roadblocks and check identity cards to net Tutsis whom he called 'enemies struggling to take over the country'.
"The killing started the same day and intensified the following day," the witness said. Part of the examination in-chief was held in camera.
He went on to explain that some dead bodies were dumped into pit latrines while others in a lake.
Two or three weeks later he said, the accused addressed another meeting in which the population was ordered to finish off the surviving Tutsis hidden elsewhere.
"You did not comply with the instructions. Some of you engaged in looting and others took Tutsi girls as wives. How can you do that,?" FAH quoted Col. Nteziryayo as saying.
According to the witness, Col. Nteziryayo warned that whoever refused to release a Tutsi woman should also be killed.
"After the meeting we landed on Tutsi survivors and killed them," the witness said, adding that he injured his neighbour's child and dumped it into a pit latrine.
Frederic Pacere, lead counsel for Col. Nteziryayo took over the floor to cross examine the witness. The case continues on Thursday.
The other accused include the former minister for Family and Women Affairs, Pauline Nyiramasuhuko; her son and militia leader, Arsene Shalom Ntahobali ; another former prefect of Butare, Sylvain Nsabimana; and two former mayors: Elie Ndayambaje, of Muganza commune and Joseph Kanyabashi of Ngoma.
All have pleaded not guilty to genocide and crimes against humanity.
The case is before Trial Chamber Two presided over by Judge William Hussein Sekule of Tanzania, assisted by Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/JA/GF/FH (BT''0421e)
APRIL 21st, 2004
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ICTR/MILITARY I
PROSECUTION WITNESS FALLS SICK AFTER SHORT CROSS-EXAMINATION
Arusha, April 21st , 2004 FH)- A prosecution witness in the trial of four senior officers of the former Rwandan army (ex-FAR) being heard at the International Criminal Tribunal for Rwanda (ICTR), on Wednesday fell ill after a short cross-examination.
The witness code-named "KJ" to protect his identity is the 56th prosecution witness to testify at the Tribunal. His testimony touched mainly on one of the accused Colonel Theoneste Bagosora, who was the former director of Cabinet in the Rwandan Ministry of Defence.
KJ was cross-examined in the afternoon session by Paul Skolnik (Canada), Bagosora's co-counsel regarding the routes they used in April, 1994 when he had escorted a certain major Jabo from Kibuye (Western Rwanda) to collect supplies in Kigali.
Shortly after the witness completed indicating the locations he was asked to identify on the given map he said, "I am not feeling well and I would like the chamber to shorten my evidence and I continue another day".
During his testimony, the witness was not very cooperative in answering the questions and presiding Judge Erik Mose had to intervene and request the witness answer some questions.
At one point the defence counsel spent about twenty minutes urging the witness to indicate where the parliamentary buildings are situated and marking them with the sign CND. The CND is the parliament building in Kigali, but the witness argued differently.
The trial has been adjourned until Thursday afternoon. The next witness expected to testify is AL. The prosecution expects to bring at least 10 more witnesses to testify.
The presiding Judge Erik Mose also announced that there will be no trial on Friday this week following plenary sessions of all judges and on Monday the 26th of April because of a public holiday.
Colonel Theoneste Bagosora is co-accused with the former head of military operations of the army, General Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, former commander of Kanombe Para-military battalion based in Kigali.
All four have pleaded not guilty to charges of, among others, genocide, conspiracy to commit genocide, war crimes and crimes against humanity.
The trial is being heard in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/ KN/JA/GF/FH (ML''0421e)
APRIL 20TH , 2004
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ICTR/BUTARE
BUTARE TRIAL ADJOURNS AS PROSECUTION WITNESS FALLS SICK
Arusha, April 20th, 2004 (FH)- The trial of six people accused of genocide and crimes against humanity in the so-called Butare trial Tuesday at the International Criminal Tribunal for Rwanda (ICTR) was adjourned for one day as the prosecution witness scheduled to testify was reported to have fallen sick.
The Presiding Judge, William Hussein Sekule from Tanzania took the decision to adjourn the hearing to Wednesday, hoping that the witness will have recovered by then.
Earlier, the chamber concluded the cross examination of witness QBY which was mostly held behind closed doors. The witness, a self-confessed killer testified mainly against the former prefect of Butare, Colonel Alphonse Nteziryayo, one of six co-accused in this trial.
The others are the former minister for Family and Women Affairs, Pauline Nyiramasuhuko; her son and militia leader, Arsene Shalom Ntahobali ; another former prefect of Butare, Sylvain Nsabimana; and two former mayors: Elie Ndayambaje, of Muganza commune and Joseph Kanyabashi of Ngoma.
All have pleaded not guilty to genocide and crimes against humanity.
Judge William Hussein Sekule is assisted in Chamber Two by Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/KN/JA/GF/FH (BT''0420e)
APRIL 20th, 2003
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ICTR/MUHIMANA
MIKA KILLED MY CHILDREN, CUT OFF MY ARM AND LEFT ME FOR DEAD-WITNESS
Arusha, April 20th, (FH)- A witness at the International Criminal Tribunal for Rwanda (ICTR), Tuesday alleged that the former councillor of Gishyita sector (Gishyita commune) in Kibuye province (Western Rwanda) Mika Muhimana, had chopped off her left arm and killed her three children.
The 14th prosecution witness code-named BC to protect her identity, survived the genocide in Bisesero hills in Kibuye. She said the incident happened in mid April 1994.
"They had been attacking us the whole day. In the afternoon, they overcame our husbands who had been resisting them and poured upon us in big numbers".
BC alleged that her children and she were discovered by Mika who started hacking her oldest child. "I covered my face in fright when I saw the blood of my child. That is when Mika turned on me", she explained.
The witness continued that she gained conscious hours later to find that all her children were dead and that she had lost her left arm.
"Mika left me for dead. God refused to hand me over to him", she said.
Though Mika Muhimana is charged with genocide and crimes against humanity, the majority of the 22 witnesses to be called by the prosecution will testify on rapes allegedly committed by the accused during the 1994 genocide in Rwanda.
The indictment alleges that Mika Muhimana personally raped many Tutsi women in Gishyita and the surrounding areas and that on many occasions, he killed or ordered to kill, Tutsi women and girls after having raped and publicly humiliating them.
The trial continues in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan from Pakistan (presiding) who is assisted by Judge Lee Gaciuga Muthoga of Kenya and Judge Emile Francis Short from Ghana.
KN/JA/GF/FH (MH''0420e)
APRIL 20TH, 2004
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ICTR/MILITARY I
WITNESS CLAIMS BAGOSORA SPAT IN THE FACE OF OFFICER WHO REFUSED TO KILL TUTSI CIVILIANS
Arusha, April 20th, 2004 FH)- A prosecution witness in the trial of four senior officers of the former Rwandan army (ex-FAR) being heard at the International Criminal Tribunal for Rwanda (ICTR), Tuesday said that the former director of Cabinet in the Rwandan Ministry of Defense, Colonel Theoneste Bagosora "insulted a Major Jabo who refused to comply with the order to kill Tutsis in Kibuye (western Rwanda) ".
The witness also alleged that Bagosora spat in the Major's face.
The witness referred to as "KJ" to protect his identity, is a former gendarme and is the 56th witness to be called by the prosecution. He was being cross-examined about issues he had raised during his examination in chief.
He said the incident happened in Kigali at the Ministry of Defense when he had escorted the Major to collect supplies for the gendarmerie camp in Kibuye. "He had to go to the Ministry of Defense for authorization before he was given the ammunition", narrated the witness. It was there that Major Jabo met Colonel Bagosora, alleged the witness.
KJ had earlier testified that Major Jabo was against the killing of Tutsis in Kibuye. "He had problems with his seniors" said the witness. He added that on the way back to Kibuye, the Major ferried a Tutsi woman and had refused to obey orders at roadblocks to leave her behind.
"Afterwards I saw on the notice board that he had been transferred to the war front in Gisozi (Kigali) to head two platoons". The witness alleged that Major Jabo was sent to the front to die.
Earlier the witness told the court that there was a national effort to exterminate Tutsis who were resisting in Bisesero, Kibuye. An estimated one million Tutsis and moderate Hutus were killed during the 100 days that followed April 6th1994.
Colonel Theoneste Bagosora is co-accused with the former head of military operations of the army, General Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, former commander of Kanombe Para-military battalion based in Kigali.
All four have pleaded not guilty to charges of, among others, genocide, conspiracy to commit genocide, war crimes and crimes against humanity.
The so-called "Military I" trial started on April, 2, 2002. The prosecutor expects to call at least 10 more witnesses to testify.
The trial is being heard in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/KN/JA/FH (ML''0420e)
APRIL 19TH , 2004
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ICTR/BUTARE
KILLING STARTED AFTER NTEZIRYAYO'S SPEECH, WITNESS SAYS
Arusha, April 19th, 2004 (FH) - A self-confessed killer who is also the 50th prosecution witness in the so called "Butare trial", Monday told the International Criminal Tribunal for Rwanda (ICTR) that Tutsi women and children were hunted down and killed in his area shortly after the former prefect of Butare (southern Rwanda), Colonel Alphonse Nteziryayo incited the population.
The witness code-named "QBY " to conceal his identity, has already confessed to the Rwandan judicial authorities to having participated in the killing of two people; a woman and a child, during the 1994 genocide.
QBY said that Col. Nteziryayo, who is one of the six acused in this trial, incited the population to kill the Tutsis after he himself had been incited by Lieutenant Colonel Tharcisse Muvunyi (a commander at the military college - Ecole des sous officiers (ESO) in Butare, also awaiting trial in Arusha).
"Tutsi children and women married to Hutus were snatched away and killed," said the witness in response to ICTR prosecuting counsel Jonathan Moses who wanted to know what happened after a meeting addressed by Col. Nteziryayo at Mamba sector in Butare.
QBY further elaborated that the killing started after the accused and Lt. Col Muvunyi left the area for Mugusa to deliver the same message to other parts of the population. Part of the examination in-chief was conducted in camera.
The chamber had earlier concluded the cross examination of the previous witness dubbed RK which was conducted totally behind closed doors.
Nteziryayo is co-accused with the former minister for Family and Women Affairs, Pauline Nyiramasuhuko; her son and militia leader, Arsene Shalom Ntahobali ; another former prefect of Butare, Sylvain Nsabimana; and two former mayors: Elie Ndayambaje, of Muganza commune and Joseph Kanyabashi of Ngoma.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/KN/ JA/GF/FH (BT''0419e)
APRIL 19TH, 2004
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ICTR/MILITARY I
BAGOSORA AUTHORISED SUPPLY OF WEAPONS TO INTERAHAMWE
Arusha, April 19TH, 2004 FH - A prosecution witness in the trial of four senior officers of the former Rwandan army (ex-FAR) being heard at the International Criminal Tribunal for Rwanda (ICTR), Monday said that the former director of Cabinet in the Rwandan Ministry of Defense, Colonel Theoneste Bagosora signed authorisation documents allowing Interahamwe militia to be supplied with weapons and food.
The witness referred to as "KJ" to protect his identity, is the 56th witness to be called by the prosecution. He said that he had been on guard as a gendarme at Kibuye (Western Rwanda) gendarmerie camp at the height of the genocide.
He told the court that he first encountered the document when he was sent to collect supplies for the camp from Kigali. "On our way, we met an Interahamwe called Abdulrahmani who showed us a piece of paper allowing him to conduct operations throughout the prefecture in Gitarama (central Rwanda). It was signed by Bagosora", the witness told the court.
"Many of the authorities came to the camp several times between April and July with similar authorization. It was a typed document from the Ministry of Defense signed by Bagosora". He added that "the only difference was the location and areas they were to operate in".
The authorities he mentioned were mainly senior government officials some of whom have been indicted or tried by the Tribunal in Arusha.
They include former president of MRND party, Mathieu Ngirumpatse, former Minister for information, Eliezer Niyitegeka and the gendarmerie chief of Staff, Augustin Ndindiliyimana.
Colonel Theoneste Bagosora is co-accused with the former head of military operations of the army, General Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, former commander of Kanombe Para-military battalion based in Kigali.
All four have pleaded not guilty to charges of, among others, genocide, conspiracy to commit genocide, war crimes and crimes against humanity.
The so-called "Military I" trial started on April, 2, 2002 and it is being heard in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/KN/JA/GF/FH (ML''0419e)
APRIL 14TH, 2004
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ICTR/MILITARY I
I SAW BELGIAN BLUE HELMETS BEING KILLED, ALLEGES WITNESS
Arusha, April 14th, 2004 (FH) – A prosecution witness in the case of four senior officers in the former Rwandan army (ex-FAR) going on at the International Criminal Tribunal for Rwanda (ICTR), on Tuesday claimed to have witnessed the murder of ten Belgian blue helmets on April 7, 1994.
The protected witness code-named “CE” was a member of the ex-FAR and had been deployed at Kigali military camp where the murders took place.
He said that the Belgians soldiers were brought to the camp at around 8 o’ clock in the morning aboard a minibus. He claimed that a Rwandan Non-Commissioned Officer (NCO), Warrant Officer First Class Leonard Sebutiyongera, started spreading rumours that the Belgians had shot down the plane carrying president Juvenal Habyarimana.
The death of Habyarimana on the night of April 6, 1994 triggered the genocide of Tutsis and the massacres of Hutu members of the opposition that claimed the lives of an estimated one million people within a hundred days.
“Shortly after (Sebutiyongera’s claims), soldiers started beating up the Belgians. Within the first ten minutes, some of them were dead”, explained CE. “I was at least three metres from them”, pointed out the witness adding that when an exchange of fire between the Belgians and the FAR erupted, soldiers, himself included, were deployed to defend the camp.
One of the four accused in this trial, Colonel Theoneste Bagosora, former director of cabinet in the Rwandan ministry of defence, is particularly accused of the murders.
During cross-examination, Raphael Constant, Bagosora’s Franco Martinique lawyer asked him to specify from which unit the soldiers who killed the Belgians came from, to which he answered “they came from different units, it was difficult to tell them apart”.
The witness added that the commander of the Kigali camp, Colonel Nubaha, was present when the Belgians were killed.
He however pointed out that he was not aware if the soldiers who killed the Belgians were acting under orders.
Colonel Theoneste Bagosora is co-accused with the former head of military operations of the army, General Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, the former commander of Kanombe Para-military battalion based in Kigali.
All four have pleaded not guilty to charges of, among others, genocide, conspiracy to commit genocide, war crimes and crimes against humanity.
The so-called “Military I” trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
CE is the 53rd witness so far called by the prosecution since the trial opened April 2, 2002. At least five other witnesses have spoken of the circumstances surrounding the deaths of the Belgian blue helmets who had been assigned to protect Prime Minister Agathe Uwilingiyimana. She was also killed the same day.
KN/GA/AT/CE/FH (ML''0414e)
APRIL 13TH 2004
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ICTR/ GOVERNMENT I
PROSECUTION WITNESS CONTINUES WITH TESTIMONY
Arusha, April 13th, 2004(FH) –The ninth prosecution witness in the trial of
four high-ranking former Rwandan officials continued his testimony before
the International Criminal Tribunal for Rwanda (ICTR) on Tuesday.
The former officials and genocide suspects on trial are, former president of
the MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the
Secretary- General Joseph Nzirorera, and the former minister of primary and
secondary education, André Rwamakuba.
The witness identified as GFA has been testifying since March 30th. On
Tuesday, Nzirorera’s lead counsel Peter Robinson continued cross-examining
GFA, a former member of the Interahamwe militia in Mukingo commune.
His evidence touched mainly on Nzirorera whom he described as a “king of
Mukingo”. GFA also stated for the second time that the Interahamwe in
Mukingo commune obeyed all the orders given by Nzirorera. ” Everything he
said had to be obeyed,” he said.
According to the witness, Nzirorera set up the Interahamwe in Mukingo
commune in 1991 and supported its activities. He also directed the
Interahamwe to bring down all the flags of all other political parties
which were rivals of the MRND in the commune.
During cross-examination, Robinson drew contradictions between the written
statement of GFA and his oral testimony. In a written statement dated August
28th 2003, GFA said that he was inside the room where a meeting was held at
Nzirorera’s mother’s house but in his oral testimony he testified that he
was outside the house.
In response, the witness blamed the ICTR investigators for not recording his
testimony properly. He maintained that he was outside the house during the
meeting.
The cross-examination of GFA continues on Wednesday.
Government One trial is taking place in Trial Chamber Three of the ICTR
composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges
Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0413e)
APRIL 13th, 2003
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ICTR/MUHIMANA
ACCUSED FALLS SICK, TRIAL ADJOURNED
Arusha, April 13th, (FH) – The trial of former counsellor of Gishyita sector
(Gishita commune) in Kibuye province (western Rwanda) and genocide suspect
Mikaeli Muhimana, was adjourned on Tuesday at the International Criminal
Tribunal for Rwanda (ICTR) because the accused was reported sick.
The prosecution sought to have the court continue with the case arguing that
the accused was represented in court by two lawyers.
Mika’s lead counsel Professor James Mwene Songa of the Democratic Republic
of Congo (DRC) argued in return that the court should not to sit without the
presence of his client because of his prime importance during
cross-examination.
After a short deliberation, the presiding judge in the trial, Judge Khalida
Rashid Khan of Pakistan announced that in the absence of a medical report,
the chamber was not in a position to rule on the state of health of the
accused. She adjourned the hearing and ordered the registry to have the
accused checked by a doctor and inform the court of the findings.
Though he is charged with four counts; genocide, or in the alternative,
complicity in genocide, and two counts of crimes against humanity (rape and
murder), the majority of the 22 witnesses to be called by the prosecution
will testify on rapes allegedly committed by the accused during the 1994
genocide in Rwanda.
The indictment states that Mika Muhimana personally raped many Tutsi women
in Gishyita and the surrounding areas and that on many occasions, he killed
or ordered to kill, Tutsi women and girls after having raped and publicly
humiliating them.
Mika denies all charges.
He was arrested in Tanzania on November 8, 1999 and transferred the same day
to the United Nations Detention Facilities (UNDF) in Arusha
Judge Khan is assisted in Trial Chamber Three of the ICTR by Judge Lee
Gaciuga Muthoga of Kenya and Judge Emile Francis Short from Ghana.
The trial will resume on Wednesday
KN/CE/FH (MH’’0513e)
APRIL 13TH , 2004
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ICTR/BUTARE
NTEZIRYAYO ALLEGEDLY ORDERED THE KILLING OF TUTSIS
Arusha, April 13th, 2004 (FH) – A self-confessed killer and the 47th
prosecution witness in the “Butare trial” told the International Criminal
Tribunal for Rwanda (ICTR) on Tuesday that Colonel Alphonse Nteziryayo ,
former prefect of Butare and one of the six accused in this case, ordered
the population to kill Tutsis.
The witness code-named QBU to conceal his identity alleged that the accused
issued the order during a meeting held at Mukindo sector in Butare
prefecture in 1994.
The witness added that during the meeting the accused told the population
that their enemies were the Tutsis, and that they should be killed.
“When you sweep ashes you don’t keep them in the house, you should take it
out,” the witness recalled what Colonel Ntezirayo allegedly said during the
meeting, in which he also introduced himself as the new prefect for Butare.
QBU said that this meant all the Tutsis should be hunted down and killed
wherever they might be,.
According to the witness, Colonel Nteziryayo also ordered Hutu young men to
kill their Tutsi girl friends.
He said the population carried out the orders adding that he personally
participated in the killing. The witness has been in detention since January
19, 1997 and has confessed before the office of the Rwandan prosecutor in
Butare prefecture.
Part of the examination in-chief was held in camera.
Nteziryayo is co-accused with Pauline Nyiramasuhuko, former minister for
Family and Women Affaires and her son and militia leader, Arsene Shalom
Ntahobali, another former prefect of Butare; Sylvain Nsabimana, Elie
Ndayambaje, former mayor of Muganza commune and that of Ngoma Joseph
Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
Frederic Pacere, lead counsel for Colonel Alphonse Nteziryayo took over the
floor to cross examine the witness shortly after the prosecution had
finished with the examination in-chief.
The trial is taking place in Trial Chamber Two of the ICTR, composed of
Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette
Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0413e)
APRIL 8 TH , 2004
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ICTR/BUTARE
BUTARE TRIAL ADJOURNED TO TUESDAY
Arusha, April 8, 2004 (FH) – The International Criminal Tribunal for Rwanda (ICTR) on Thursday adjourned the “Butare trial” to next Tuesday following the Easter recess which starts on Friday.
Trial Chamber Two adjourned the case after it had discussed a motion on the alleged illegality of the arrest of one of the six accused on this trial, the former minister of Family and Women Affairs, Pauline Nyiramasuhuko in Nairobi on July 18, 1997. The motion was presented by Nicole Bergevin, lead counsel for Nyiramasuhuko. No ruling has been made yet on the matter.
In response to the motion, Sylviana Arbia on behalf of the prosecution asked the chamber to dismiss the motion as it had already been dealt with by the late Judge Laity Kama.
On Tuesday the Chamber expects to hear the evidence from the 47th prosecution witness code-named QBU.
Earlier, the defence teams finished the cross examination of prosecution witness QAH who started his testimony on Tuesday.
The accused in this trial are Nyaramasuhuko’s son and militia leader, Arsene Shalom Ntahobali, two former Butare prefect, Alphonse Nteziryayo and Sylvain Nsabimana, Elie Ndayambaje, former mayor of Muganza commune and that of Ngoma, Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0408e)
APRIL 8TH 2004
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ICTR/ GOVERNMENT I
I KILLED FIVE TUTSIS, WITNESS SAYS
Arusha, April 8 th, 2004(FH) – The ninth prosecution witness in the so-called Government I trial on Thursday disclosed before the International Criminal Tribunal for Rwanda (ICTR) that he killed five Tutsis at Mukingo commune in Ruhengeri prefecture during the 1994 genocide.
Government I trial groups together the former president of the MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the Secretary-General Joseph Nzirorera, and the former minister of primary and secondary education, André Rwamakuba.
The witness, a former Interahamwe militia, made the revelation during cross-examination by Nzirorera’s lead counsel, Peter Robinson of USA.
GFA said that two of the victims were women.
The witness had initially refused to answer Robinson’s question on the number of Tutsis he killed until the presiding Judge Andresia Vaz (Senegal) asked him the question.
GFA has confessed to genocide crimes and is waiting to be sentenced by the Rwandan national courts.
The witness further testified that after the death of President Habyarimana, he and other Interahamwe went to the house of Nzirorera’s mother in Mukingo
on the morning of April 7th 1994. The group was then informed by local leaders who had spoken to Nzirorera on the phone in Kigali that the killing of Tutsis was to begin immediately.
GFA continues with his testimony on Tuesday. The ICTR will be closed on Friday and Monday next week for the Good Friday and Easter Monday break.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0408e)
APRIL 8TH, 2004
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ICTR/DEFENCE
DEFENCE COUNSELS DEMAND REVISION OF TRIBUNAL’S MANDATE
Arusha, April 8th, 2004 (FH) – The Association of Defence Lawyers (ADAD) practicing at the International Criminal Tribunal for Rwanda (ICTR), have demanded that the mandate of the Tribunal be revised so as to be extended in time and to include crimes committed by all parties during the 1994 conflict “without ethnic discrimination”.
In a statement released on Wednesday on the 10th anniversary of the Rwandan genocide, ADAD condemned the discriminatory attitude of the Office of the Prosecutor which according to them, “do not hold Rwandans brought to justice before the ICTR in equal terms”.
“In the last 10 years it has only charged Rwandans of Hutu origins and not a single Tutsi. Yet it has been established that member of the RPF (Rwandese Patriotic Front, former rebel group now in power in Kigali) committed massacres both in Rwanda and in refugee camps in the former Zaire”, the lawyers wrote.
ADAD demands that the mandate of the ICTR be extended to cover the period up to 1997 “so as to investigate massacres committed both in Rwanda and the former Zaire by the RPA (Rwandese Patriotic Army, armed wing of the RPF)”.
They also demand that circumstances behind the April 6, 1994 shooting down of president Juvenal Habyarimana’ s plane be brought to light. Habyarimana’s death triggered the genocide.
Results of investigations conducted by French judge Jean-Louis Bruguière which were leaked to the French daily Le Monde, accuse current Rwandan president Paul Kagame as the man behind the shooting. Kagame denies the allegations.
The defence teams also regard that the prosecution is being pressurized and interfered with by the Kigali government. They also point out that they are not treated on equal terms by the administration as the prosecution.
GA/CEKN/FH (DE’’0408)
APRIL 7 TH, 2004
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ICTR/GENOCIDE/COMMEMORATION
ICTR REMEMBERS GENOCIDE VICTIMS
Arusha, April 7, 2004 (FH) – Judge Andresia Vaz, Vice President of the International Criminal Tribunal for Rwanda (ICTR) on Wednesday evening led over 200 staff members to commemorate the 10th anniversary of the 1994 Rwandan genocide.
Speaking at the ceremony, Judge Vaz said ICTR staff members should take up the anniversary day, April 7, as the day of reflection and remembrance for the victims of genocide.
Judge Vaz supported previous speakers at the ceremony who said every effort should be done to ensure that the world does not experience another genocide.
After several statements Judge Vaz laid the commemoration wreath for the remembrance of genocide victims and over 25 ICTR staff members who passed away in the past 10 years including the first President of this tribunal the late Judge Laity Kama from Senegal. The event was followed by the observance of one minute of silence.
The United Nations Security Council has earmarked April 7 (starting with 2004) as the UN day for commemorating the Rwandan genocide.
NI/CE/FH(RW’’0407e)
APRIL 7TH, 2004
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RWANDA/GENOCIDE/COMMEMORATION
10 YEARS AFTER THE GENOCIDE, DETAINEES MAKE NEGATIVE ASSESSMENT OF THE ICTR
Arusha, April 7th, 2004 (FH) – On the eve of the 10th anniversary of the Rwandan genocide that cost the lives of an estimated one million people, the majority of genocide suspects held by the International Criminal Tribunal fro Rwanda (ICTR), made a negative assessment of the jurisdiction.
In a letter sent to the UN headquarters in New York of which Hirondelle News Agency has a copy, the detainees denounce and accuse the ICTR of “supporting impunity” and “obstruction of justice”.
They point out that “ten years after the triggering of the unspeakable cataclysm that took the lives of thousands of Rwandans… the best way to honour their memory is to bring into the open the truth of this drama by judging fairly and in complete independence all responsible for the cataclysm”.
They underscored the necessity for the UN to investigate on the assassination of President Juvenal Habyarimana on the night of April 6, 1994 which triggered the genocide.
The detainees demand that the preliminary findings in the investigations of French judge Jean-Louis Bruguière, which were leaked last month by the French daily Le Monde, should be a basis for finding out those responsible for the tragedy.
The French investigator, who was not mandated by the United Nations, pointed a finger at Rwandan President Paul Kagame, as being the chief architect of the attack on Habyarimana.
Kagame has categorically denied the Frenchman’s allegations.
“Today the world believes that the perpetrators of that ignoble attack is the one most responsible for the chaos that followed”, say the detainees.
They condemn the attitude of UN officials and judges at the ICTR whom they accuse of “conducting political trials where victor’s justice reigns over the principles of justice and fairness”.
They also denounce the” strategy of basing accusation on erroneous notions”, where the prosecutor “makes arrests without a warrant or a confirmed indictment”.
The UN detention facilities built by the ICTR in the Tanzanian town of Arusha, today hold 54 prisoners. 12 of them have either been sentenced by the trial chamber and are awaiting a decision from the appeals chamber, or have had their sentences confirmed and are waiting to be transferred to prisons where they will serve their sentences.
GA/CE/KN/FH (DE’’0407e)
APRIL 7TH, 2004
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ICTR/BUTARE
FOUR ACCUSED REFUSE TO OBSERVE MINUTE OF SILENCE IN MEMORY OF GENOCIDE VICTIMS
Arusha, April 7, 2004 (FH) – Four of the six accused persons in the ‘’Butare trial” currently heard at the International Criminal tribunal for Rwanda (ICTR) on Wednesday refused to observe one minute of silence in court in memory of the victims of the 1994 Rwanda genocide.
Nicole Bergevin, lead counsel for Pauline Nyiramasuhuko, former minister for Family and Women Affaires made a statement in court that her client would not take part in the observance of one minute of silence as required by the United Nations. The UN has earmarked April 7 as the UN day for remembering the victims of the Rwandan genocide.
She said her client and other accused in this case pleaded not guilty for genocide and the chamber had not yet handed down the judgment on the accusation leveled against her client. “I objected any move to observe the minute of silence in the court of justice,” she said supporting the idea of doing the same outside the chambers.
Bergevin was supported by three other defense team members. They include the lead counsel for Arsene Shalom Ntahobali, Duncan Mwanyumba , Claude Desrochers co-counsel for Elie Ndayambaje, former mayor of Muganza commune and Frederic Pacere, lead counsel for the accused Nteziryayo.
Michel Marchand, lead counsel for Joseph Kanyabashi, former mayor of Ngoma commune and Charles Tchakoute co-counsel for Sylvain Nsabimana another former Butare prefect did not support the move.
Following the observation Judge Sekule, the presiding judge in this case, allowed counsel Marchand to continue with the cross examination of witness QAH without making any ruling on the discussion.
The ICTR will commemorate the tenth anniversary of the genocide in the evening, when the minute of silence will be observed, along with the laying of a commemoration wreath and the unveiling of a symbolic memorial block.
NI/CE/FH(RW’’0407e)
APRIL 7TH 2004
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ICTR/ GOVERNMENT I
WITNESS SAYS HE KILLED TO PROTECT HIS TUTSI MOTHER
Arusha, April 7th, 2004(FH) – A prosecution witness in the trial of four former high-ranking Rwandan officials on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that he participated in the 1994 genocide in order to protect his Tutsi mother.
The trial known as Government I involves former president of the MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the Secretary- General Joseph Nzirorera, and the former minister of primary and secondary education, André Rwamakuba.
The ninth witness code-named GFA stated during his cross-examination that the only way to ensure his mother remained alive was to participate in the killing of Tutsis at Ruhengeri Prefecture.
“My mother was among those who were supposed to die and among the killers was her son. I did everything I could so that she remained alive” GFA declared.
GFA confessed to genocide crimes in September 2002 and is awaiting sentence by the Rwanda national courts. He was among the leaders of the Interahamwe in Mukingo commune.
Ngirumpatse’s lead counsel Charles Roach (UK) accused the witness of coming to testify at the ICTR so that he will be rewarded by being set free. GFA denied the allegations insisting that he only offered to come and state the facts he witnessed during the 1994 genocide.
The trial continues on Thursday with the cross-examination of GFA.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0407e)
APRIL 6 TH , 2004
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ICTR/BUTARE
NTEZIRYAYO ALLEGEDLY DISTRIBUTED WEAPONS TO MILITIA
Arusha, April 6, 2004 (FH) – Former prefect of Butare, Colonel Alphonse Nteziryayo and one of the six genocide suspects in the “Butare trial” allegedly distributed Kalashnikov machine guns to over 250 militia for exterminating Tutsi ethnic group in 1994.
A genocide convict in Rwanda and the 46th prosecution witness told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that Colonel Nteziryayo distributed the weapons at Kamena stadium in Butare prefecture where the militia had been trained on the use of the gun.
The witness dubbed QAH to conceal his identity said the militia including himself received the guns after undergoing a 10-day training at the stadium. Colonel Nteziryayo was one of the instructors.
The witness went on explaining that immediately after, Colonel Nteziryayo instructed them to “go and exterminate Tutsis and then proceed to the battlefront.”
He said they went straight to various roadblocks where they stopped and arrested Tutsis, some of whom were killed on the spot while others were referred to higher authorities.
“Colonel Nteziryayo also told us to sweep the dirt out of the houses,” QAH said clarifying that “it meant to kill all the Tutsiswho were still hiding around” . The witness admitted to have shot to death three Tutsis at a roadblock.
During his testimony the witness also told the chamber that he saw two other accused in this trial, Sylvain Nsabimana, another former prefect of Butare and Joseph Kanyabashi, former mayor of Ngoma commune. However nothing was directly linked with them publicly as part of the examination in-chief was held in camera.
The trial continues on Wednesday.
The other accused in this trial are Pauline Nyiramasuhuko, former minister for Family and Women Affaires, her son and militia leader, Arsene Shalom Ntahobali and Elie Ndayambaje, former mayor of Muganza commune.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0406e)
APRIL 6TH 2004
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ICTR/ GOVERNMENT I
NZIRORERA ASKS FOR THE REPORT BY JUDGE BRUGUIERE ON THE DEATH OF PRESIDENT HABYARIMANA
Arusha, April 6th, 2004(FH) - Former MRND secretary-general and genocide suspect Joseph Nzirorera on Tuesday asked the International Criminal Tribunal for Rwanda (ICTR) to request the government of France to provide it with the report of the inquiry into the crash of President Habyarimana’s plane.
Nzirorera’s lead counsel Peter Robinson of USA presented an oral motion asking the trial chamber to help Nzirorera get the report of the inquiry which was conducted by French Judge Jean-Louis Bruguiere.
Nzirorera is co-accused with the former president of MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, and Andre Rwamakuba, former minister of primary and secondary education.
Robinson said that the report is significant to Nzirorera’s case as he intends to lead evidence on the issue.
“It is highly relevant to know who is responsible for the death of Habyarimana” Robinson stated.
Robinson’s request was supported by Ngirumpatse’s lead counsel Charles Roach (UK).
The French inquiry into the crash was opened in 1998 following an application by one of the pilots’ families for investigations into what was termed as “assassination related to a terrorist act”. The inquiry was assigned to Judge Jean-Louis Bruguiere.
Although the report by the French judge has not been made public yet, French daily Le Monde published large excerpts from it. It implicates Rwanda’s current president, Paul Kagame for the deadly shooting down on April 6, 1994 of the plane carrying the former president. At the time of the attack, Kagame was the commander of the rebel Rwandese Patriotic Front (RPF) now in power in Kigali.
The Trial Chamber however ruled that Robinson must file a written request explaining the grounds of his motion before a decision is rendered.
The chamber sat for only an hour as the defence team spent the better part of the morning listening to compact discs containing speeches of various Rwandan leaders.
The trial continues on Wednesday with the cross-examination of witness GFA.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0406e)
APRIL 5 TH , 2004
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ICTR/BUTARE
NTEZIRYAYO ALLEGEDLY ORDERED THE KILLING OF TUTSIS WITHOUT MERCY
Arusha, April 5, 2004 (FH) – A self-confessed killer and the 45th prosecution witness in the “Butare trial” told the International Criminal Tribunal for Rwanda (ICTR) on Monday that Colonel Alphonse Nteziryayo, former prefect of Butare and one of the six accused in this case, ordered the population to arrest and kill Tutsis without mercy.
The witness code-named FAB alleged that the accused issued the order during a meeting held at Mamba sector, Muyaga commune in Butare prefecture in June 1994. The witness claimed to have attended the meeting.
“He asked us to arrest any Tutsi and any Inkotanyi (derogative term for Tutsi) and kill whoever is arrested, without mercy,” he said. The witness pleaded guilty for crimes of genocide in Rwanda and was released on May 6, 2003.
He said that immediately after introducing himself as the new prefect of Butare, he told them that they were about to win the war against the Rwandese Patriotic Front (RPF) and the Inkotanyi (RPF sympathizers).
He went on explaining that the prefect wanted them to kill Tutsi women, children and even pregnant Hutu women married to Tutsis by opening their wombs, in order to do away with Tutsi elements. Children born of Hutu mothers married to Tutsis were regarded as Tutsis.
FAB had earlier testified that soldiers, gendarmes, Burundian refugees and the local population attacked and killed Tutsis who sought refugee at the Muyaga communal offices on April 27, 1994.
He could not immediately remember the number of refugees killed on that date but said that after the exhumation carried out in 1995 it was revealed that about 5,000 people were massacred in Muyaga commune.
The trial continues on Tuesday.
Nteziryayo is co-accused with Pauline Nyiramasuhuko, former minister for Family and Women Affaires and her son and militia leader, Arsene Shalom Ntahobali, another former prefect of Butare; Sylvain Nsabimana, Elie Ndayambaje, former mayor of Muganza commune and that of Ngoma Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0405e)
APRIL 5TH 2004
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ICTR/ GOVERNMENT I
TUTSIS KILLED TO AVENGE PRESIDENT HABYARIMANA’S DEATH
Arusha, April 5th, 2004(FH) - The ninth prosecution witness in the so-called Government One Trial on Monday told the International Criminal Tribunal for Rwanda (ICTR) that the Tutsis were killed in Ruhengeri prefecture in 1994 to avenge the death of President Habyarimana.
The accused in the case are the former president of MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the Secretary general of MRND, Joseph Nzirorera as well as Andre Rwamakuba, former minister of primary and secondary education.
The witness identified as GFA to keep his identity secret, informed the trial chamber that members of the Interahamwe including himself were given orders by government leaders on April 7th to avenge the assassination of the president.
“We were told we needed to defend our country but most of all, to avenge Habyarimana’s death “, GFA claimed.
He added that most of the killings in Ruhengeri took place between April 7th and 8th 1994.
President Habyarimana’s plane was shot down on April 6th 1994 as it approached Kigali Airport.
The witness was being cross-examined by Ngirumpatse’s lead counsel Charles Roach (UK).
GFA further absolved the Interahamwe from the killings insisting that the government leaders implemented the plan to have the Tutsis massacred. He said the Interahamwe were only executing orders from leaders whom he did not specify.
The cross-examination of GFA continues on Tuesday.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0405e)
APRIL 02nd, 2004
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ICTR/ICTR
FIRE BREAKS OUT AT RWANDA TRIBUNAL
Arusha, April 02nd, 2004 (FH) – Fire broke out on Friday morning at the International Criminal Tribunal for Rwanda (ICTR) based in Arusha Tanzania, destroying documents used in the trials of people accused of taking part in the 1994 genocide in Rwanda.
The fire which broke out at 6.58 am (3.58 GMT) was quickly brought under control by the Arusha fire brigade who responded within ten minutes.
UN and Tanzanian security officers were busy sifting through the charred-out remains as UN employees were gathered in groups outside looking in disbelief. There were no casualties.
Remains of burnt-out files and audio cassettes lay scattered outside an entrance that leads to prisoners’ holding cells and the evidence unit. The evidence unit is where all gathered evidence of the more than fifty detainees is kept.
Among the partly destroyed evidence in view was a folder with the name “Barayagwiza” written on it and audio cassettes of the Radio Television Libre de Mille Collines (RTLM).
Jean Bosco Barayagwiza is one of the three accused in the so-called “hate media” trial who were sentenced to life in prison December 3, 2003.
“The fire started in the holding cells adjacent to the evidence unit and only office documents and minor equipment was destroyed”, reported Roland Amoussouga, spokesperson of the ICTR.
“The evidence unit was not affected as it is fireproof”.
Amoussouga explained that there was no evidence to point at sabotage saying the first indications were that the fire was caused by an electric short circuit.
UN security together with Tanzanian officials were investigating.
KN/CE/FH(ICTR''0402e)
APRIL 2ND, 2004
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ICTR/MILITARY I
NSENGIYUMVA ALLEGEDLY ATTACKED TUTSI CIVILIANS ON THE PRETEXT THEY WERE REBELS
Arusha, April 2nd, 2004 (FH) – A prosecution witness on Thursday declared before the International Criminal Tribunal for Rwanda (ICTR), that the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, had in April 1994, led an attack against Tutsi refugees claiming they were rebels.
The protected witness code-named “DBN” testified in the so-called “Military I” trial where Nsengiyumva and three other senior officers in the former Rwandan army (ex-FAR) are accused for their alleged roles in the genocide. He is the 50th witness to testify since the trial began in April 2002.
DBN declared that after the plane carrying president Habyarimana was shot down on April 6, 1994, Nsengiyumva went to Kanombe (Kigali) “to ask for soldiers to take to Masaka as there were Inkotanyi (Rwanda Patriotic Front (RPF) rebels) there”.
The former commander of the Para-commando battalion based in Kigali, Major Aloys Ntabakuze, one of those accused with Nsengiyumva allegedly deployed a platoon of thirty soldiers and a military vehicle.
“When they came back, soldiers who had taken part in that operation told me that they had lied to them”, said DBN. “It was not the Inkotanyi but Tutsis who were hiding in the coffee plantation and nearby houses”.
“There was no fighting, the Tutsis were attacked by grenades”, pointed DBN, without indicating the number of victims.
DBN continued to say that the Para-commando battalion of which he was a member, had fled Kanombe at the end of April ahead of the advancing RPF. It crossed the border in July 1994.
When he arrived at Mugunga refugee camp with his men, Ntabakuze allegedly urged them to keep their morale and not disperse, assuring them that they would regain their territory “with the help of the French”.
French soldiers were based in south-west Rwanda at that time under the UN authorised humanitarian operation baptised “Turquoise”. The mission ended August 22, 1994.
Anatole Nsengiyumva and Aloys Ntabakuze are jointly charged with the former director of Cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, and the former head of military operations of the army, Brigadier Gratien Kabiligi.
All have pleaded not guilty to charges of genocide, crimes against humanity and war crimes that have levelled against them.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
It will continue on Monday.
KN/GA/CE/FH(ML''0402e)
APRIL 1ST, 2004
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ICTR/MILITARY I
SICK WITNESS STOPS TESTIFYING
Arusha, April 1st, 2004 (FH) – A prosecution witness in the case of four senior officers in the former Rwandan army (ex-FAR) going on at the International Criminal Tribunal for Rwanda (ICTR), on Wednesday fell sick and had to be temporarily replaced in the witness box.
The trial chamber released witness code-named “LN” because he “does not feel well” and heard the testimony of “DBN”. Both are protected witnesses.
The prosecutor had on Tuesday made known his anxiety of the witness’s health, pointing out that he was a handicapped man in a wheel chair.
Just like other previous witnesses who had testified, DBN alleged that the former commander of the Para-commando battalion based in Kigali, Major Aloys Ntabakuze, had urged his men to hunt down Tutsis immediately after the shooting down of the plane carrying former president Habyarimana on April 6, 1994.
Ntabakuze allegedly gave the orders on the morning of April 7. Another co-accused in this trial, the former director of Cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, allegedly arrived shortly after Ntabakuze’s address to his elite unit.
DBN stated that moments later, gunfire and explosions could be heard coming from Akajagari neighbourhood, close to Kanombe camp. He continued that while on his way to re-supply soldiers guarding president Habyarimana’s residence which was also close to the camp, he saw many bodies all over the neighbourhood.
“Soldiers from my unit were loading the bodies onto a truck belonging to Kanombe commune,” he said.
Bagosora and Ntabakuze are jointly charged with the former head of military operations of the army, Brigadier Gratien Kabiligi, and the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva.
They have pleaded not guilty to charges of having planned and executed the genocide that claimed an estimated one million people.
The so-called “Military I” trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
The trial will continue on Thursday with the continuation of LN’s testimony before resuming with DBN.
KN/CE/FH (ML’’0401e)
APRIL 1st 2004
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ICTR/ GOVERNMENT I
TRIAL ADJOURNED TO MONDAY
Arusha, April 1st, 2004(FH)- The so-called Government One Trial was on Thursday adjourned to Monday to enable the defence teams examine six compact discs containing speeches of various Rwandan political leaders.
The trial groups together the former president of MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the Secretary general of MRND, Joseph Nzirorera and Andre Rwamakuba, former minister of primary and secondary education.
Presiding Judge Andresia Vaz (Senegal) adjourned the proceedings to Monday after a request by the defence attorneys of the four accused.
Nzirorera’s lead counsel Peter Robinson (USA) informed the trial chamber that he was unable to cross-examine the ninth prosecution witness, GFA before the speeches are translated into English from Kinyarwanda.
Judge Vaz directed that the defence team and the prosecutor meet on Thursday afternoon and on Friday to listen to the speeches in the presence of translators. They shall then be translated into French and English.
Earlier, the ninth prosecution witness continued with his chief evidence. The witness testified about a meeting held in Mukingo commune to install a new prefect for Ruhengeri in April 1994.
According to the witness, Nzirorera, the former minister of Foreign Affairs Jerome Bicamumpaka and the former Minister of Health Casimir Bizimungu were among the leaders who attended the meeting.
He said that the leaders all asked the population of about 3000 people to continue hunting for Tutsi survivors in Mukingo and kill them. A warning was also given to those who were sheltering Tutsis that they would be considered as their accomplices.
GFA will be cross-examined by the defence on Monday.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0401e)
APRIL 01, 2004
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ICTR/MUHIMANA
ANOTHER TESTIMONY OF RAPE BROUGHT AGAINST FORMER COUNCILLOR
Arusha, April 01, 2004 (FH) – Another prosecution witness on Thursday accused the former councillor of Gishyita sector (Gishita commune, Kibuye province) Mikaeli Muhimana of raping a woman in 1994, and then ordering that she be killed.
The witness code-named “AV” to protect her identity, told the International Criminal Tribunal for Rwanda (ICTR) that she had witnessed Muhimana, also known as Mika, rape a woman near the Mubuga parish cemetery.
AV said that she had been hiding in a bush near the cemetery when she saw Mika and a group of Interahamwe militia escort six women past where she was hiding.
“I only recognised Collette, Agnes Mukagatare who worked at the Mubuga dispensary, and Alphonsine among the women,” she recollected.
“I heard him tell the militia that they could not kill the women without first having sex with them. He them pulled Agnes out of the crowd and brought her near where I was hiding. He ordered her to remove her clothes and when she refused, he slapped her and that is when she started taking her clothes off”, AV narrated.
The witness continued that when the accused had finished with Agnes, he removed a bayonet and when he was about to kill her, the woman pleaded not to be killed with a knife but to be shot instead.
“Mika started laughing and then he ordered Agnes to join the other group naked. He told the militia to start doing their job and that they should not forget opening the women’s bellies to see how a Tutsi’s intestines looked like”, AV stated.
She said that she later heard from someone that the girls’ disembowelled bodies had been found on the roadside.
AV also told the tribunal that Mika had attacked them at Mubuga Catholic Church where they had sought refuge.
She alleged that he came in a Suzuki jeep accompanied by a soldier. “I saw him get a carton and remove a grenade which he tossed through a window: I heard a loud bang and moments later, there were bodies around me. I was also injured”.
AV is the third witness to level allegations of rape against the accused.
Mika Muhimana, 54, is accused of four counts: genocide or in the alternative, complicity in genocide, crimes against humanity (rape and murder). He has pleaded not guilty to all charges.
A convert to Islam while in detention, Mika has taken the name of Issa. He calmly sat through the hearing wearing a suit and a white Muslim cap on his head.
The trial will continue on Friday in the morning with the defence conducting cross-examination.
The trial taking place in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan of Pakistan (presiding), Lee Gaciuga Muthoga of Kenya and Emile Francis Short from Ghana
KN/CE/FH(MH''0401e)
MARCH 31ST, 2003
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ICTR/MUHIMANA
WITNESS SAYS MUHIMANA RAPED HER
Arusha, March 31st, (FH) – A witness on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that the former councillor of Gishyita sector (Gishita commune, Kibuye province) Mikaeli Muhimana, alias Mika, had raped her several times in his office during the 1994 genocide.
The witness code-named “AX” to protect her identity, is a Hutu woman who was married to a Tutsi man with whom they had five children. She had earlier told the tribunal that a mob led by Mika had forced her to watch as four of her children were killed.
She said that she also witnessed her husband being shot by the former councillor.
“The first time Mika sent for me, I found him in his office. He immediately roughly tore off my clothes and raped me on the rough cement floor”, said AX, who revealed that the accused raped her on several occasions.
“I felt so humiliated. I had lost my family, now I was losing my dignity. It was as if I was being killed twice”, stated the witness, who at one time broke down, recalling what had befallen her.
Muhimana’s indictment not only states many allegations of rape brought against him, but he is also accused of having personally taken part in brutal massacres.
AX informed the court that after killing his neighbour, Assiel Kabanda, the accused had brought back his head and pinned it on the dead man’s house saying “my neighbour has come back”. Kabanda had fled but had been captured and killed at Bisesero hills.
The witness also narrated to the court how Charles, a former Tutsi communal policeman, had been captured by the accused and brought back to Gishyita sector.
“They cut off his private parts (genitals) and paraded them around the village on the tip of a spear”, she stated.
Defence counsel had earlier finished cross examining the second witness code-named AP. She had claimed that she had witnessed the accused rape and then order the death of two young girls.
Mika Muhimana, 54, is accused of four counts: genocide or in the alternative, complicity in genocide, crimes against humanity (rape and murder). He has pleaded not guilty.
The trial taking place in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan of Pakistan (presiding), Lee Gaciuga Muthoga of Kenya and Emile Francis Short from Ghana
KN/CE/FH(MH''0331e)
MARCH 31st, 2004
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ICTR/BUTARE
TRIAL ADJOURNED TO MONDAY
Arusha, March 31st, 2004 (FH) – Trial Chamber Two of the International Criminal Tribunal for Rwanda (ICTR) was on Wednesday compelled to adjourn the “Butare trial” to next Monday due to the late arrival of the prosecution witness scheduled to testify.
ICTR attorney Jonathan Moses had informed the chamber that the witness earmarked for testimony on Thursday was expected in Arusha the morning of the same day, making it difficult for the parties to hear him without proper preparation.
The adjournment came shortly after the last prosecution witness, code-named TG, had concluded his cross examination. It was held almost entirely in closed session.
The case groups six accused : Pauline Nyiramasuhuko, former minister for Family and Women Affaires and her son and militia leader, Arsene Shalom Ntahobali, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana, Elie Ndayambaje, former mayor of Muganza commune and that of Ngoma Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0331e)
MARCH 31st 2004
_________________________________________________
ICTR/ GOVERNMENT I
NZIRORERA ASKED INTERAHAMWE TO KILL A CHILD
Arusha, March 31st, 2004(FH) –A prosecution witness in the trial of four former top Rwandan officials on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that former MRND Secretary-general Joseph Nzirorera, one of the accused in this trial, asked Interahamwe militia to kill the child of a Tutsi woman at Busogo secteur in Ruhengeri Prefecture in April 1994.
Nzirorera is jointly accused with the president of the former ruling party, the MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, and the former minister of primary and secondary education, André Rwamakuba.
The ninth witness testifying for the second day was a member of the Interahamwe in Mukingo commune, Ruhengeri Prefecture.
The witness identified as GFA said he was informed by another Interahamwe called Michel Migabo that Nzirorera had given orders that the boy had to die.
“He (Migabo) told me he had just spoken to Nzirorera on the phone and that the child must be killed. After he said that, we went and killed him,” GFA said. He did not state the exact date when the incident took place.
The witness added that he heard that the boy whose mother was a Tutsi was Nzirorera’s child. He only gave the name of the mother as Kiberwa from Busogo secteur.
GFA testified further that the Interahamwe in Mukingo respected Nzirorera very much because he was their leader.
The chamber went into closed session before it adjourned so that it could hear evidence on rapes committed by Interahamwe in Busogo. The prosecutor asked that the evidence be heard behind closed doors for security reasons.
GFA will continue testifying on Thursday.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0331e)
MARCH 31ST, 2004
__________________________________________________________________
ICTR/MILITARY I
WITNESS SAYS BELGIANS WERE ASSOCIATED WITH THE OPPOSITION IN 1994
Arusha, March 31st, 2004 (FH) – A prosecution witness testifying at the International Criminal Tribunal for Rwanda (ICTR), on Tuesday claimed that after the assassination of former President Habyarimana on April 6 1994, Belgians were associated with opposition political figures.
The witness code-named “LN” to protect his identity, is the 49th prosecution witness in the trial of four senior officers in the former Rwandan army (ex-FAR) who are accused of genocide, crimes against humanity and war crimes. The witness was a soldier attached to the medical unit at Kanombe military barracks in Kigali.
He alleged that the day after the president’s death, the former director of Cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, had chaired a meeting of senior army officers in which it was decided that all Tutsi accomplices of the “enemy”, opposition figures and Belgians should be killed.
Bagosora is one of the four army officers on trial in this case.
“The Belgians were associated with opposition politicians”, stated LN, though he added that he had been given the information by a colleague.
On April 7, 1994, ten Belgians blue helmets guarding Prime Minister Agathe Uwilingiyimana were killed by members of the ex-FAR in Kigali. The Prime Minister was also killed on the same day as well as other members of the opposition.
Bagosora is particularly accused of the deaths of the Belgian soldiers and Prime Minister Uwilingiyimana.
The witness also alleged that another accused in this trial, the former commander of the Para-commando battalion of Kanombe (Kigali), Major Aloys Ntabakuze, had declared that with the death of Habyarimana, the war was going to take another turn.
According to LN, Ntabakuze had told to his men that not only were they supposed to fight the Rwandese Patriotic Front (RPF) rebels, but they should also fight all Tutsis, regarded as their accomplices.
He then told his troops to be on guard against money and Tutsi women and also warned them against looting telling them that all the property would be theirs after eliminating the “enemy”.
The witness had earlier during his testimony alleged that Maj. Ntabakuze had, in 1992, started giving lesson in “political ideology” at Kanombe barracks. He said that the aim of the lessons was to define the “enemy” (rebels of the Tutsi-dominated RPF and Tutsis living in Rwanda).
Bagosora and Ntabakuze are jointly charged with the former head of military operations of the army, Brigadier Gratien Kabiligi, and the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva. All have pleaded not guilty.
The trial continues on Wednesday with the cross-examination of the witness by the defence.
KN/GA/CE/FH (ML''0331e)
MARCH 30TH, 2004
__________________________________________________________________
ICTR/MILITARY I
MAJOR NTABAKUZE’S DEFENCE REJECT RAPE CLAIMS
Arusha, March 30th, 2004 (FH) – The defence team of the former commander of the Para-commando battalion in Kanombe (Kigali), Major Aloys Ntabakuze on Monday qualified as “fabrications” allegations of rape made by a prosecution witness in the trial of four senior officers in the former Rwandan army (ex-FAR) going on at the International Criminal Tribunal for Rwanda (ICTR).
The witness, a former member of the Para-commando battalion, had last appeared before the tribunal in November and February when the defence had pleaded with the court for more time to study “new evidence”. Among the evidence were allegations of rape.
The witness had asserted that Ntabakuze had led an attack against Tutsis who had taken refuge at IAMSEA (l'Institut Africain et Mauricien de Statistiques et d'Economie Appliquée) and a nearby religious centre ran by Jesuits. Tutsi women and girls were allegedly kidnapped and raped by soldiers under Ntabakuze’s command.
“What the witness is talking about is pure fantasy, it is not plausible”, declared Ntabakuze’s Canadian co-counsel, André Tremblay.
Tremblay pointed out that even though the witness had been interviewed many times by the prosecution, it was the first time rape was mentioned. “I never knew at that time that simply raping a woman and not killing was an act of genocide”, the witness answered in excuse.
Code-named DBQ to protect his identity then added that he was ready to reveal all he knows about Ntabakuze “even if it takes one year before the tribunal. I will even write a book”.
On the alleged attacks at IAMSEA, the defence referred to a declaration by an expert witness, the American human rights activist, Alison Des Forges, where she talked of a Major in the ex-FAR, most likely Ntabakuze, who had saved people at the site.
“Is the Major in questioned not the accused?”, inquired Tremblay, to which the witness replied: “Those are pure lies. If you had been present and seen what he did, you would have cried”, retorted DBQ.
Aloys Ntabakuze is jointly accused with the former director of Cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, former head of military operations of the army, Brigadier Gratien Kabiligi, and the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva.
They have pleaded not guilty to charges of having planned and executed the genocide that claimed an estimated one million people.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
KN/CE/FH (ML’’0330e)
MARCH 30th, 2003
__________________________________________________________________
ICTR/MUHIMANA
MUHIMANA RAPED THEN KILLED TWO YOUNG WOMEN, CLAIMS WITNESS
Arusha, March 30th, (FH) – A witness on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that the former councillor of Gishyita sector (Gishita commune, Kibuye province) Mikaeli Muhimana, also known as Mika, had raped and then killed two girls on April 7, 1994.
The witness code-named “AP” to protect her identity, is the second witness to testify in the trial which started on March 29.
“Mika came to my father-in-law’s house in the evening and took away two girls saying that he was taking them to safety”, the witness said, adding that Mika had been the family’s friend.
She continued that she followed the group with the intention of asking Mika to hide her children and saw the accused taking the girls into his house.
She said she was a few metres from the door when she heard the girls screaming and begging Mika not to rape them. “They were screaming that they could not believe that it was Mika who was doing these things to them,” AP explained.
She went on to say that that after about one hour, the former councillor brought the girls outside.
“They were stark naked and could barely walk. Mika then called a group of young men to come and see what Tutsi women looked like”, AP said. She also narrated that one militiaman hit one of the girls on the head and she collapsed.
“I immediately ran away to take my family to safety”, went on the witness. “When we were fleeing towards the hills, we met the Bourgmestre (mayor) Sikubwabo Charles who shot at us, killing my three daughters”. Only two of her children survived the gunfire.
The witness had earlier testified that witnessed Mika and Sikubwabo killing two Tutsi agricultural officers, Nkudiye and Mulindahabi at the communal headquarters.
She explained that when she first heard that President Habyarimana was dead, she had taken her cows to the safety of Bisesero hills because she feared an outbreak of violence.
“A policeman came and arrested me on the orders of Mika saying that by taking away my cows, I was disrupting security and creating a climate of fear among the population”, said AP.
The witness testified that she was put into a cell and released in the afternoon. “When she got out, there was a crowd of people beating up the two men.
“Mika raised a club and hit one of the men on the head saying ‘this is how you kill a Tutsi’. He started the massacres by setting an example”, concluded the witness.
Mika Muhimana, 54, is accused of four counts: genocide or in the alternative, complicity in genocide, crimes against humanity (rape and murder). He has pleaded not guilty.
The prosecution maintains that Muhimana personally killed many women in Gishyita and the surrounding areas after having raped and publicly humiliating them. He is also accused of having distributed weapons to Interahamwe militia, widely believed to have spearheaded the genocide.
The indictment points out that Mika Muhimana took part in many massacres in his area and singles out Mubuga and Mugonero complex and the hills of Bisesero, all in Kibuye.
The trial taking place in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan of Pakistan (presiding), Lee Gaciuga Muthoga of Kenya and Emile Francis Short from Ghana.
The trial continues Wednesday afternoon with Muhimana’s lawyers, James Mwene Songa continuing with cross-examination of AP.
KN/CE/FH(MH''0330e)
MARCH 29TH, 2004
_________________________________________________
ICTR/BUTARE
NTAHOBALI ORDERED MY ARREST, SAYS WITNESS
Arusha, March 30th, 2004 (FH) – The 44th prosecution witness and schoolmate of one of the six accused in the so called “Butare trial”, Arsene Shalom Ntahobali, told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that he witnessed people being beaten and killed at a roadblock erected near the accused family house at the Butare national university.
Led by prosecuting counsel Jonathan Moses in his examination in-chief, the witness code-named TG said that before witnessing the killing, he, together with the couple who hosted him in their house, were put under arrest by the Interahamwe militia following the orders made by Ntahobali. The event took place in July 1994.
“Assuming that he knew me, I greeted him and immediately showed my identity cards which showed that I was Hutu. He did not believe me and instead ordered me to sit down,” the witness narrated.
TG had earlier told the chamber that he went to the same secondary school with the accused Ntahobali and when he saw him leading Interahamwe he thought he would spare him.
He said that Ntahobali ordered the Interahamwe to break the doors and windows of the house he was hiding in, and ended up discovering the landlord and his wife who were also immediately put under arrest.
According to the witness the three were taken around Butare town in a pick-up under the supervision of Ntahobali, Interahamwe militia and two armed soldiers singing and boasting that they had apprehended “a big fish,” meaning his landlord who was a Tutsi businessman in Butare.
He continued that from Butare they were taken to the roadblock near the house of the family of the accused where they witnessed people being beaten and killed in a nearby forest.
Earlier in the day, witness “RL” concluded his cross examination. RL had been testifying since Thursday.
The trial continues on Wednesday.
Ntahobali is jointly tried with his mother Pauline Nyiramasuhuko, former minister for Family and Women Affaires, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana, Elie Ndayambaje, former mayor of Muganza commune and that of Ngoma Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of judge William Hussein Sekule of Tanzania (presiding), Judge Arlette amaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0330e)
MARCH 30TH 2004
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ICTR/ GOVERNMENT I
NZIRORERA ESTABLISHED AND SUPPORTED THE INTERAHAMWE, WITNESS SAYS
Arusha, March 30th, 2004(FH) – The ninth prosecution witness in the so-called Government I trial testified before the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that former MRND Secretary-General Joseph Nzirorera established the party’s youth wing, Interahamwe in Mukingo Commune and supported its operations.
Nzirorera is co-accused with the president of the former ruling party, the MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, and the former minister of primary and secondary education, André Rwamakuba.
The witness who was also a member of the Interahamwe, told the trial chamber during his chief examination by prosecuting attorney Don Webster (Jamaica) that Nzirorera played an important role in the creation of Interahamwe in Mukingo commune, Rehengeri prefecture. The youth wing was set up in 1991 in Mukingo.
The witness, code-named GFA, added that the accused also gave instructions on what the members of the militia were supposed to do and gave them uniforms.
“He would give us money and sometimes transport. I would say we were like his boys,” the witness stated.
GFA said Nzirorera distributed the first batch of uniforms to members of Interhamwe in August 1992,.
Asked if he personally saw the accused bringing the uniforms, GAF answered, “he personally distributed them at his house in Mukingo commune.” On that occasion, more than fifty members of the Interahamwe received uniforms, he added.
During the distribution, Nzirorera allegedly urged the Interahamwe to monitor all the activities of Tutsis because Ruhengeri had been attacked in 1993 by the RPF.
GFA who said he has known Nzirorera since his childhood, testified further that the accused gave one of his buildings to Interahamwe which they used as a venue to hold meetings.
The witness recalled that several meetings were held at Nzirorera’s house in Mukingo in 1993. At the end of the meetings, held according to the witness almost every weekend, the Interhamwe were given instructions on what they were to do.
The trial resumed on Tuesday after being suspended indefinitely on Monday. The trial Chamber had put off the trial after Karemera asked the judges to disqualify themselves for not being impartial. The chamber rejected the motion on Tuesday.
The suspects who had boycotted the trial on Monday turned up in court on Tuesday except Rwamakuba who has boycotted the proceedings since the the beginning of the trial on November 27th last year. He claims the case has been manipulated by the prosecutor.
The trial continues on Wednesday with the testimony of GFA.
Government One trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0330e)
MARCH 29TH 2004
_________________________________________________
ICTR/ GOVERNMENT I
ACCUSED BOYCOTT TRIAL ONCE MORE
Arusha, March 29th, 2004(FH) – The four genocide suspects in the so-called Government I trial which resumed on Monday at the International Criminal Tribunal for Rwanda (ICTR) boycotted the proceedings for the second time.
The accused had on February 24th boycotted their second initial appearance where they were required to plead to a new indictment. Their defence attorneys informed the court that the suspects had refused to turn up in court until the chamber should respond to a letter they wrote on January 19th to the trial chamber
The accused in the case are the former president of MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the Secretary general of MRND, Joseph Nzirorera as well as Andre Rwamakuba, former minister of primary and secondary education.
On Monday the trial attorneys told the court that the suspects had once again decided not to attend proceedings until their letter is answered.
The chamber delivered a decision on the issue saying that it cannot respond to the letter which is almost contemptuous. “The chamber shall only be satisfied once the accused return to court. It is in their interest to be present,” Judge Andresia Vaz (Senegal) presiding ruled.
As soon as Judge Vaz had read the decision, Nzirorera’s defence counsel Peter Robinson of USA and Karemera’s defence counsel, Dior Diagne (Senegal) presented oral motions.
Karemera’s counsel told the chamber she had instructions to ask the judges in the case to disqualify themselves. “He (Karemera) believes the procedure is rampant with defects and he is not satisfied with the impartiality of this trial chamber, “ counsel Diagne stated.
Robinson sought to have the evidence of one witness excluded because the prosecution had not made disclosures to him regarding the witness.
The prosecutor, Don Webster of Jamaica, termed both motions as outrageous, distasteful and with no substance.
The chamber adjourned the proceedings indefinitely until a decision on the motions is made. Judge Vaz said the court shall inform the parties when the decision will be rendered.
Government Two trial is taking place in Trial Chamber Three of the ICTR composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0329e)
MARCH 29th, 2003
__________________________________________________________________
ICTR/MUHIMANA
PROSECUTOR SAYS THAT KILLINGS IN KIBUYE WERE “INTIMATE MURDERS”
Arusha, March 29th, (FH) – The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), Hassan Bubacar Jallow, on Monday described the killings in Kibuye (western Rwanda) during the 1994 genocide as being “intimate murders”..
Jallow was making opening remarks at the beginning of the trial of the former counsellor of Gishyita sector (Gishita commune, Kibuye province) Mikaeli Muhimana.
Muhimana, popularly known as “Mika”, 54, is accused of four counts: genocide or in the alternative, complicity in genocide, crimes against humanity (rape and murder). He has pleaded not guilty.
“It was here that the worst of ‘intimate murders’ took place as men and women began killing friends, neighbours, even members of their own family”, remarked the prosecutor. He added that this was done “under the watchful eyes, the exhortation, the encouragement and direct participation of local administrators such as the accused…”
The prosecutor continued that Muhimana and others not before the court had used rape, murder, sexual violence and abuse as a tool “to destroy the Tutsis as a group”.
“The accused killed; he got others to kill, he raped, violated and sexually assaulted women in furtherance of his genocidal intentions, ” he said.
The prosecution maintains that Muhimana personally killed many women in Gishyita and the surrounding areas after having raped and publicly humiliated them. He is also accused of having distributed weapons to Interahamwe militia, widely believed to have spearheaded the genocide.
The indictment points out that Mika Muhimana took part in many massacres in his area and singles out Mubuga and Mugonero complex and the hills of Bisesesro.
The prosecution alleges that on the morning of April 16, the accused accompanied by others including Pastor Elizaphan Ntikirutimana and his son Dr, Gerald Ntakirutimana, attacked Mugonero complex and “inflicted unimaginable pain in a slaughter which lasted well into the night”.
Both pastor and Dr. Ntakirutimana were February 19, 2004 found guilty by the ICTR and sentenced to 10 and 25 years in prison respectively.
Muhimana is the first municipal counsellor to be brought before the tribunal. Another former counsellor of the neighbouring Mubuga sector, Vincent Rutaganira, is awaiting trial.
Mika Muhimana was a businessman before he was elected to head Gishyita sector in 1988. He was arrested November 8 1999 in Dar es Salaam in Tanzania and transferred the same day to the UN detention facilities in Arusha. He has since then been converted to Islam and has chosen the name Issa.
The accused is represented by Professor James Nyabirungu Mwene Songa and Kazadi Kabimba both from the Democratic Republic of Congo.
The prosecution will be led by Charles Adeogun-Phillips from Nigeria. Jallow announced that the team expected to wind up the case within the “customary” 4 weeks.
Last November 28, 2003, the trial of the former minister of Finance, Emmanuel Ndindabahizi, came to a close. The prosecution team of Phillips and Wallace Kapaya from Tanzania finished presenting their case in a record one month.
The prosecution intends to call a total of twenty witnesses including two expert witnesses: ICTR investigator, Anthony Lucassen from the Netherlands who began his testimony on Monday afternoon, and Rwandan women’s rights activist, Ingabire Marie Immaculee.
Ingabire is a former journalist and director of Pro-Femmes/Twese Hamwe, a Kigali-based NGO that specialises in counselling victims of rape and other sexual assaults that took place during the genocide.
The trial taking place in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan of Pakistan (presiding), Lee Gaciuga Muthoga of Kenya and Emile Francis Short from Ghana.
KN/CE/FH(MH''0329e)
MARCH 29TH, 2004
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ICTR/BUTARE
KANYABASHI DEFENCE CHALLENGES THE CREDIBILITY OF A PROSESUTION WITNESS
Arusha, March 29th, 2004 (FH) – Michel Marchand, lead counsel for Joseph Kanyabashi, former mayor of Ngoma commune and acused with five others in the Butare trial, on Monday challenged the credibility of the 43rd prosecution witness before the International Criminal Tribunal for Rwanda (ICTR).
Marchand, who was cross examining the witness code-named ‘’RL’’, based his arguments on three written statements made by the witness to ICTR investigators in 1996, 1997 and 1998 which, according to the defense have some omissions and contradictions in comparison with the witness’s oral testimony in court.
While in oral testimony the witness denied having heard that inkontanyi (derogative term for Tutsis during genocide) and the Belgian soldiers shot down the plane carrying President Habyarimana on April, 6th , 1994, his written statement of July 11th , 1996 stated just the opposite.
“I made this statement but I am not sure about the date,” the witness responded to counsel Marchand after re-reading the statement to refresh the witness’s memory.
Soon after, the chamber went in closed session until well in the afternoon.
Earlier, during examination in-chief, ‘’RL’’ pointed out on video images displayed in court, various areas where he allegedly saw Kanyabashi during the massacres. These included Ngoma parish complex and the playground where the meeting allegedly led by the accused was held.
Kanyabashi is jointly tried with Pauline Nyiramasuhuko, former minister for Family and Women Affaires and her son and militia leader, Shalom Arsene Ntahobali, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana and Elie Ndayambaje, former mayor of Muganza commune.
All have pleaded not guilty to genocide and crimes against humanity.
Counsel Marchand continues cross questioning witness ‘’RL’’ on Tuesday.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0329e)
MARCH 26TH 2004
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ICTR/ GOVERNMENT I
TRIAL TO RESUME ON MONDAY
Arusha, March 26th, 2004(FH) – The so-called Government I trial involving four former senior Rwandan government officials resumes on Monday at the International Criminal Tribunal for Rwanda (ICTR).
The accused in the case are the former president of MRND, Mathieu Ngirumpatse, his vice president Edouard Karemera, the Secretary general of MRND, Joseph Nzirorera as well as Andre Rwamakuba, former minister of primary and secondary education.
Karemera was also a minister of Interior in 1994 while Nzirorera was the Speaker of the Transitional National Assembly. Ngirumpatse had also been a minister of Justice in 1991.
The trial was adjourned on January 28th 2004, after the testimony of eight prosecution witnesses. The major cause for adjournment was the request by the prosecution to amend the indictment to include new elements.
On February 24th, all the four accused boycotted their re-initial appearance when they were supposed to plead to the new indictment.
The prosecution had introduced an amended indictment for the former vice president of the ruling MRND party and minister for interior, Edouard Karemera.
The new indictment sets out seven similar counts for each of the accused, and they include genocide, conspiracy to commit genocide, rape, extermination and crimes against humanity.
Rwamakuba has boycotted the trial ever since it began on November 27th, saying that his case file had been “manipulated by the prosecutor”.
Chamber Three of the ICTR is composed of Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
PJ/CE/FH (GVI’’0326e)
MARCH 26th, 2003
__________________________________________________________________
ICTR/MUHIMANA
TRIAL OF FORMER MUNICIPAL COUNSELLOR STARTS ON MONDAY
Arusha, March 26th, (FH) – The trial of former counsellor of Gishyita sector (Gishita commune, Kibuye province), will begin on Monday at the International Criminal Tribunal for Rwanda (ICTR).
Mikaeli Muhimana, popularly known as “Mika”, 54, faces four counts : genocide or in the alternative, complicity in genocide and crimes against humanity (rape and murder). He has pleaded not guilty.
The prosecution maintains that Muhimana personally killed many women in Gishyita and the surrounding areas after having raped and publicly humiliated them. He is also accused of having distributed weapons to Interahamwe militia, widely believed to have spearheaded the genocide.
The indictment points out that Muhimana took part in many massacres in his area and singles out Mubuga and Mugonero churches and the hills of Bisesero.
Muhimana is the first municipal counsellor to be brought before the tribunal. Another former counsellor of the neighbouring Mubuga sector, Vincent Rutaganira, is awaiting trial.
Six people hailing from Kibuye have already been found guilty of the massacres committed in that area and sentenced by the ICTR. They include the former prefect of the province, Clement Kayishema, the former minister of information, Eliezer Niyitegeka and the former pastor of the Adventist church, Elizaphan Ntakirutimana.
The trial of another person hailing from Kibuye, the former minister of finance Emmanuel Ndindabahizi, is over and he is waiting for the verdict.
Mika Muhimana was a businessman before he was elected to head Gishyita sector in 1988. He was arrested on November 8 1999 in Dar es Salaam in Tanzania and transferred the same day to the UN detention facilities in Arusha. He has since then converted to Islam and chosen the name Issa.
The accused is represented by Professor James Nyabirungu Mwene Songa and Kazadi Kabimba both from the Democratic Republic of Congo. The prosecution will be led by Charles Adeogun-Phillips.
The trial will conducted in Trial Chamber Three of the ICTR composed of Judge Khalida Rashid Khan of Pakistan (presiding), Lee Gaciuga Muthoga of Kenya and Emile Francis Short.
KN/ER/CE/FH(MH''0326e)
MARCH 25TH, 2004
_________________________________________________
ICTR/BUTARE
WITNESS CONCLUDES TESTIMONY BEHIND CLOSED DOORS
Arusha, March 25th, 2003 (FH) - The 42nd prosecution witness in the “Butare trial” concluded his testimony in closed session on Thursday at the International Criminal Tribunal for Rwanda (ICTR).
The witness code-named “QI” to protect his identity was being cross examined by Guy Poupart, co-counsel for Pauline Nyiramasuhuko, former minister of Family and Women Affaires, on trial in this case with five other accused.
Most of the session took place behind closed doors. In open session, Poupart’s cross-examination mainly tried to challenge the witness’s credibility and his impartiality due to his links with the RPF.
Hardly five minutes after the open session, the trial chamber went into closed session to enable the counsel to ask the witness questions which might reveal his identity. When the chamber came back in open, another witness, code-named RL, was testifying in examination in-chief.
Previously QI had acknowledged having undergone a secret politico-military training in RPF camps in Byumba, but denied having been training in making bombs or in acts of sabotage.
Pauline Nyiramasuhuko is jointly tried with her son and militia leader, Shalom Arsene Ntahobali, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana, Elie Ndayambaje, former mayor of Muganza commune and that of Ngoma Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The case continues next Monday.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0325e)
MARCH 25TH 2004
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ICTR/ GOVERNMENT II
TRIAL ADJOURNED TO MAY 4TH
Arusha, March 25th , 2004(FH) –The trial of four former Rwandan ministers accused of genocide was on Thursday adjourned to May 4th at the International Criminal Tribunal for Rwanda (ICTR).
The adjournment came after the testimony of the 28th prosecution witness code-named GKS, who testified mainly against former Minister of Public Service and genocide suspect Prosper Mugiraneza.
The evidence of twenty one prosecution witnesses has been heard since January 19th this year when the trial resumed after the end year judicial break. The trial began on November 6th 2003.
The trial groups together former minister of Health, Casimir Bizimungu, the former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service.
Given the responsibilities of the accused during the genocide, Government II is considered as a very important trial at the ICTR.
Judge Khalida Rachid Khan has been presiding over the trial since Monday on behalf of the presiding Judge Asoka de Zoyza Gunawardana who is on sick leave.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rachid Khan (Pakistan)
PJ/CE/FH (GVII’’0325e)
MARCH 24TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
MUGIRANEZA DID NOT GIVE ASSISTANCE TO TUTSI REFUGEES
Arusha, March 24th, 2004(FH) – A prosecution witness in the so-called Government II trial on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that former Minister of Public Service and one of the accused in the case, Prosper Mugiraneza, visited Tutsi refugees in Kigarama Communal office in April 1994 but did not offer them any help.
Government II trial groups together former ministers of Health, Casimir Bizimungu, of Foreign Affairs Jérôme Bicamumpaka, of Commerce, Justin Mugenzi and Prosper Mugiraneza.
The twenty-eight prosecution witness dubbed GKS to conceal her identity was among several Tutsis who had sought refuge at Kigarama Communal office in Kibungo Prefecture on the morning of April 7th 1994.
On that day, the minister, in the company of the mayor, Emmanuel Mugiraneza (not related to the minister), and the former the head of gendarmerie Pierre-Celestin Rwagafilita, visited the refugees. “We all went to meet him (Prosper Mugiraneza) believing he could do something,” GKS said.
She added that the refugees hoped that the minister could help them as there was no water and no food at the communal office. “We were hoping he could offer some help but he never provided any help whatsoever,” the witness indicated.
The minister and the other government officials accompanying him held a brief meeting then left. The witness however did not hear what was discussed during the meeting.
GKS continued that as soon as the three left, a grenade was thrown into the crowd by a man called Muhinda causing the death of eight people.
She also testified that her husband, who was working at the communal office, was disarmed on orders of the minister and killed on April 11th 1994. The minister said it was dangerous for a Tutsi to carry a gun.
The witness will continue with her evidence in chief on Thursday.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rachid Khan (Pakistan)
PJ/CE/FH (GVII’’0324e)
MARCH 24TH, 2004
_________________________________________________
ICTR/BUTARE
WITNESS DENIES BEING TRAINED IN SABOTAGE TACTICS BY RPF
Arusha, March 24th, 2003 (FH)- A prosecution witness in the Butare trial on Wednesday denied before the International Criminal Tribunal for Rwanda (ICTR) having undergone training by the RPF in sabotage tactics in 1993.
The witness code-named “QI” to protect his identity, was cross-examined for the second day running by Michel Marchand, defence counsel for the former mayor of Ngoma in Butare, Joseph Kanyabashi, one of the six accused in this trial.
QI had acknowledged having undergone a secret politico-military training in RPF camps in Byumba, but denied having been training in making bombs or in acts of sabotage.
“We were only taught how to handle guns, political theories and marching”, he said, adding that after the training they were sneaked back to Butare to help sensitize the population.
The witness had the previous day accused Kanyabashi of having tricked refugees at a dispensary into believing they would be safe, but later ordered their massacre. QI said that he survived the killings.
Though most of the trial took place behind closed doors, Marchand’s cross-examination dwelt mostly on trying to question the witness’s credibility and his impartiality due to his links with the RPF.
Joseph Kanyabashi is jointly tried in the so-called “Butare trial” with the former minister of family women and family affairs, Pauline Nyiramasuhuko, her son and militia leader, Shalom Arsene Ntahobali, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana and Elie Ndayambaje, former mayor of Muganza commune in Butare.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
The trial continues on Thursday.
KN/CE/FH (BT’’0324e)
MARCH 23RD 2004
_________________________________________________
ICTR/ GOVERNMENT II
POLITICAL RALLY HELD TO SENSITIZE CIVILIANS ABOUT MASSACRES OF TUTSIS
Arusha, March 23rd, 2004(FH) – The twenty-seventh prosecution witness on Tuesday testified before the International Criminal Tribunal for Rwanda (ICTR) that a political rally for the MRND party was held in Kibungo prefecture to sensitize members of the population on the massacres of Tutsis.
The witness identified only as GJW told the trial chamber that the rally was held at a football field in Kibungo in 1992.
GJW is a prosecution witness in the so-called Government Two trial which involves former ministers of Health, Casimir Bizimungu, of Foreign Affairs Jérôme Bicamumpaka, of Commerce, Justin Mugenzi and of Public Service Prosper Mugiraneza. They each face six counts of genocide and crimes against humanity.
The witness who was being cross-examined by Mugiraneza’s lead counsel, Tom Moran (USA), stated that Mugarineza presided over the rally but did not give a speech. Mugarineza, the witness added, was in charge of the MRND in Kibungo.
Moran asked the witness whether he knew that the rally had been held to recruit more members to the MRND party. GJW disagreed with the counsel’s view and answered: ” the reason for the rally was not to recruit new members but to sensitize members to the new activities, especially the genocide and massacres”.
The witness continued that the gathering which comprised members of the MRND and CDR parties, said that they wanted to exterminate all the Tutsis and leave none to tell the story.
GJW said that several political rallies were held in Kibungo by the MRND but he could not remember the number. He only stated that they were more than five, when Moran insisted that he should give a figure.
The trial continues on Wednesday with the cross-examination of GJW.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rachid Khan (Pakistan)
PJ/CE/FH (GVII’’0323e)
MARCH 22ND 2004
_________________________________________________
ICTR/ GOVERNMENT II
I REJECTED MUGIRANEZA’S IDEOLOGY OF KILLING TUTSIS, WITNESS SAYS
Arusha, March 22nd, 2004 (FH) – A prosecution witness in the trial of four former Rwandan ministers on Monday told the International Criminal Tribunal
for Rwanda that he refused to follow the ideology of former minister for Public Service, Prosper Mugiraneza and one of the accused in the case, to have Tutsis killed.
Mugiraneza is jointly accused with the former ministers of Foreign Affairs Jerome Bicamumpaka, of Health Casimir Bizimungu, and of Commerce Justin Mugenzi.
The twenty-seventh witness code-named GJW to keep his identity secret, claimed that his refusal to agree with Mugarineza’s idea led to a strained relationship between him and the former minister between 1991 and 1992.
The witness explained that they had been friends for a long time, but they differed due to political reasons. “The political difference between me and Mugiraneza is that he wanted me to follow the ideology of killing Tutsis but I was against it,” GJW stated.
GJW told the court he was a member of the moderate faction of the MDR while Mugiraneza was in MRND. Mugiraneza was in charge of the MRND party in Kibungo prefecture, according to the witness. The minister traveled to Kibungo frequently to hold MRND rallies, he added.
The witness also recalled how the Interahamwe attacked his home in January 1993 but he managed to escape safely with his family .The attackers, he said, were armed with rifles and grenades and some were known to him.
GJW indicated as the reason for the attack his refusal to join the MRND and to share its ideology.
Judge Khalida Rachid Khan presided the trial as the president of the chamber judge Asoka de Zoyza Gunawardana is on sick leave until Thursday.
The trial continues on Tuesday with the testimony of GJW.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rachid Khan (Pakistan)
PJ/CE/FH (GVII’’0322e)
MARCH 22ND, 2004
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ICTR/BUTARE
KANYABASHI TRICKED REFUGEES THEN ORDERED THEM KILLED, SAYS WITNESS
Arusha, March 22nd, 2003 (FH) - A prosecution witness in the Butare trial on Tuesday told the International Criminal Tribunal for Rwanda (ICTR), that the former mayor of Ngoma (Butare province, southern Rwanda), Joseph Kanyabashi, had ordered the killing of refugees after giving them false hope that they would be safe.
The 42nd prosecution witness code-named “QI”, told the tribunal that when killings started in and around Butare, many people, himself included, had taken refuge at Matyazo dispensary in Ngoma.
He then claimed that Kanyabashi went to visit the refugees accompanied by six soldiers and promised the refugees that he would protect hem.
“He said that their safety was assured and that nothing would happen to them”, continued QI.
According to the witness, the mayor then called the soldiers aside and told them to wait until he was gone and “get down to work”.
QI explained to the court that he had been hiding nearby and was able to overhear the conversation. He stated that the soldiers armed with guns began shooting at the refugees.
Joseph Kanyabashi is jointly tried with the former minister of family women and family affairs, Pauline Nyiramasuhuko, her son and militia leader, Shalom Arsene Ntahobali, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana and Elie Ndayambaje, former mayor of Muganza commune in Butare.
All have pleaded not guilty to genocide and crimes against humanity.
Most of the trial was conducted in closed session but the defence had started cross-examining the witness in the afternoon.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
The trial continues on Wednesday.
KN/CE/FH (BT’’0323e)
MARCH 18TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
TWENTY-SIXTH PROSECUTION WITNESS BEGINS TESTIMONY
Arusha, March 18th, 2004(FH) – The twenty-sixth prosecution witness in the trial of four former Rwandan Ministers on Thursday began his testimony at the International Criminal Tribunal for Rwanda (ICTR).
The witness identified only as GHR to keep his identity secret, testified for about half an hour before the trial adjourned to Friday.
He talked about a rally which was held in Gitarama prefecture in April 1994 to introduce President Theodore Sindikubwabo to the people. The witness did not state the exact date when the meeting took place.
GHR, a Tutsi, told the court that during that rally held at Namabuye commune near his place of residence, President Sindikubwabo addressed the gathering.
He allegedly called on the people of Gitarama to identify the enemy and remain united. “He told the people they should know who the enemy was, stand together and search for Inyenzi,” the witness said. Inyenzi (cockroach in Kinyarwanda) was a derogatory word used to refer to Tutsis.
Among the leaders who attended the meeting was the former minister for Foreign Affairs and genocide suspect Jerome Bicamumpaka, who is a native of Gitarama.
Bicamumpaka is jointly accused with Casimir Bizimungu, a former Minister for health, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service. They each face six counts of genocide and crimes against humanity.
The trial continues on Friday with the chief examination of GHR.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rachid Khan (Pakistan)
PJ/CE/FH (GVII’’0318e
MARCH 17TH, 2004
_________________________________________________
ICTR/GOVERNMENT II
BIZIMUNGU DID NOT STOP MASSACRES AT MAIN HOSPITAL, CLAIMS WITNESS
Arusha, March 17th, 2004 (FH) – A witness on Wednesday told the International Criminal Tribunal for Rwanda (ICTR), that the former Rwandan minister of health in the interim government, Casimir Bizimungu, did nothing to stop the massacres of Tutsis at Kigali’s main hospital (CHK).
Bizimungu and his former colleagues, Jerome Bicamumpaka of foreign affairs, Justin Mugenzi of commerce, and the minister of public service, Prosper Mugiraneza, are each accused of six counts of genocide and crimes against humanity.
“When Bizimungu visited the hospital (during the genocide), we thought that the massacres would come to an end, but instead killings continued after his visit”, alleged the 25th prosecution witness.
Code-named ”QU” to keep her identity secret, the witness is a Tutsi woman who had worked at the ministry of health since 1993.
She said that she had hidden at CHK for several weeks during the genocide and that the killings at CHK were carried out by soldiers.
The witness had alleged at the beginning of her testimony that some workers at the ministry of health were members of the Interahamwe militia.
She said that the militia kept a stock of grenades in the office of former president Juvenal Habyarimana’s sister, a nun called Sister Godelive who worked in the department of human resources in the ministry.
According to the witness, the militia used the ministry’s vehicles on killing expeditions in 1993 to different parts of the country, citing Kirambo (northern Rwanda) and Bugesera (south eastern).
Bizimungu’s lead counsel, Michelyne Chénard Saint Laurent, challenged the credibility of the witness during cross-examination.
“If I put it to you that Sister Godelive worked in a project that had nothing to do with the department of human resources, what would you say?”, she challenged QU. “That is not the truth”, retorted the witness.
“You are talking about the Bugesera massacres of 1993, yet they happened in 1992!”, continued Saint Laurent. “There were a series of massacres in Bugesera, I am talking about the ones of 1993”, maintained the witness.
The trial continues on Thursday.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge Asoka de Zoysa Gunawardana for Sri Lanka (presiding), Judge Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
KN/ER/CE/FH (GVII’’0317ee)
MARCH 17TH, 2004
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ICTR/GOVERNMENT II
WITNESS CLAIMS FORMER PRESIDENT HABYARIMANA’S SISTER STOCKED GRENADES IN OFFICE
Arusha, March 17th, 2004 (FH) – A prosecution witness in the trial of four former senior Rwandan government officials, on Wednesday claimed at the International Criminal Tribunal for Rwanda (ICTR), that the sister of former president Juvenal Habyarimana, named Sister Godelive, had stocked grenades in her office months before the genocide.
The witness code-named “QU” to conceal her identity, alleged that the grenades “were kept in Sister Godelive’s office at the department of human resources in the ministry of health”.
The witness is a Tutsi woman who had been working in the ministry of health since1993.
“Sister Godelive used to harass the head of the department, a Tutsi, calling him an enemy, “the witness added.
She pointed out that Sister Godelive was a nun but could not recall what religious order she belonged to.
“The department was filled with Interahamwe militia, most of them drivers who sometimes armed themselves with grenades and ready to kill us at anytime”, said the witness.
She continued that the militia used the ministry’s vehicles to go and kill people around the country in 1993 and early 1994.
“Casimir Bizimungu must have been aware of what was happening because they were using the ministry’s cars”, alleged the witness.
Bizimungu is jointly accused in the so-called “Government II” trial with the former minister of commerce, Justin Mugenzi, that of foreign affairs, Jerome Bicamumpaka, and the former minister of public service, Prosper Higiro.
All have pleaded not guilty to six counts of genocide, conspiracy to commit genocide and crimes against humanity.
QU is the 25th witness to be called by the prosecution.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge Asoka de Zoysa Gunawardana for Sri Lanka (presiding), Judge Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
KN/ER/CE/FH(GVII’’0317e)
MARCH 15TH, 2004
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ICTR/GOVERNMENT II
MUGENZI ALLEGEDLY CHASED AWAY A MODERATE MEMBER OF HIS PARTY, SAYS WITNESS
Arusha, March 15th, 2004 (FH)- A witness in the trial of four former Rwandan ministers taking place at the International Criminal Tribunal for Rwanda (ICTR), Monday claimed that one of the accused, the former minister of Commerce, Justin Mugenzi had removed a moderate member of his party from office.
Mugenzi was the president of the Liberal Party (PL) from 1991.
The 24th prosecution witness code-named "GJI" to protect his identity, comes from the same area as Mugenzi in Rukara commune (now in Umutara province, eastern Rwanda).
He said that "between March and May, 1993," the accused had replaced the PL's representative in Rukara, François Mugabo, accusing him of not adhering to the extremist Hutu ideology.
Mugabo apparently fled his village after being removed from office because he feared being persecuted.
GJI added that Mugabo's successor, Samson Gacumbitsi, played a leading role in the massacres of Tutsis in of Rukara in 1994.
"A lot of machetes and boxes of ammunition were discovered in Gacumbitsi's house after the genocide," claimed the witness.
GJI revealed to the court that Gacumbitsi was sentenced to death by the Rwandan judicial authorities for his participation in the genocide.
The witness was being led in examination-in-chief by Elvis Bazawule, a member of the prosecution team. The defence will cross-examine him on Tuesday.
Mugenzi is co-accused with the former minister of health, Casimir Bizimungu, the former minister of foreign affairs, Jerome Bicamumpaka, and Prosper Mugiraneza, former minister of public service.
All have pleaded not guilty to crimes of conspiracy to commit genocide and crimes against humanity among others.
The so-called "Government Two" trial is
taking place in Trial Chamber Two of the ICTR, composed of Judge Asoka de Zoysa Gunawardana for Sri Lanka (presiding), Judge Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
Judge Khan has been presiding over proceedings as Judge Gunawardana has
been absent since last Tuesday.
KN/ER/AT/FH (GVII''0315e)
MARCH 18TH, 2004
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ICTR/BUTARE
WITNESS ATTRIBUTES CONTRADICTIONS TO POOR FRENCH KNOWLEDGE
Arusha, March 18th, 2004 (FH) – The 40th prosecution witness in the so called ‘’Butare trial’’ which groups six genocide suspects, told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that her limited knowledge in French explains several contradictions between her oral and written statements.
The witness, code-named FAE, was heard mainly in closed session in her examination in chief.
During cross-examination by Nicole Bergevin, lead counsel for Pauline Nyiramasuhuko, former minister of Women and Family Affairs and one of the accused in this trial, she was challenged on the differences between her written statement to the investigators, and her oral testimony in court.
“French is not my mother tongue, after studies I did not use French,” the witness responded to counsel Bergevin.
The counsel wanted to know why the witness did not mention in her written statement of May 7, 1999 that the leader of the assailants who attacked her sector had a list of the names of Tutsis to be attacked and killed.
“I may have told him that. I did not have the interpreter,” she said.
Bergevin also confronted the witness on why, during her oral testimony, she alleged that she saw and heard Nyiramasuhuko distributing condoms to young
Hutus, ordering to put them on before raping and ultimately killing Tutsi women whereas she said something different in her written statement.
“My French is not good. Judges should take into account what I said yesterday,” she replied. Witness FAE concluded her testimony in closed session.
The prosecutor immediately introduced the 41st witness called QA.
The other accused are Nyiramasuhuko’s son and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Alphonse Ntezirayo, another former mayor of Ngoma commune, Joseph Kanyabashi and that of Muganza Elie Ndayambaje.
The hearing continues on Monday.
This case is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’0318e)
MARCH 17TH, 2004
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ICTR/BUTARE
PROSECUTION WITNESS CONCLUDES TESTIMONY
Arusha, March 17th, 2004 (FH) – Genocide survivor and 39th prosecution witness on Wednesday concluded his cross examination in the so called ‘’ Butare trial’’ at the International Criminal Tribunal for Rwanda (ICTR).
The witness code-named QG, who started testifying on Monday, was cross-questioned by Charles Tchakoute, co-counsel for Sylvain Nsabimana,
former prefect of Butare and Pierre Boulé, lead counsel for Elie Ndayambaje, former mayor for the Muganza commune. The two are among the six accused in this trial.
The trial alternated frequently between closed and open sessions in such a away that it was difficult to get proper line of questioning and answers.
On his part, counsel Boule mainly asked questions on his flight to Kabuye hill from the Gisagara market square and his whereabouts at the Kabuye massacre site.
During his examination in-chief the witness alleged that Nsabimana’s co-accused Joseph Kanyabashi, former mayor of Ngoma commune and Alphonse Nteziryayo, former prefect of Butare ordered soldiers, communal police and members of Hutu population to hunt and kill Tutsis in April, 1994.
Following the conclusion of QG’s testimony the prosecution called in its 40th witness dubbed FAE for examination in-chief.
The other accused are the former Minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali and another former prefect for Butare Alphonse Nteziryayo.
The hearing continues on Thursday.
This case is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’0317e)
MARCH 16TH, 2004
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ICTR/BUTARE
PROSECUTION WITNESS CONTINUES TESTIFYING
Arusha, March 16th, 2004 (FH) – Michel Marchand, lead counsel for the former mayor of Ngoma commune in Butare prefecture, Joseph Kanyabashi, on genocide trial with five others, on Tuesday continued cross examining the 39th prosecution witness before the International Criminal Tribunal for Rwanda (ICTR).
Marchand started cross questioning the witness, dubbed QG, on Monday morning.
During his examination in-chief the witness alleged that Kanyabashi and Alphonse Nteziryayo, former prefect of Butare, and also one of the accused in this trial, had ordered soldiers, communal police and members of Hutu population to hunt and kill Tutsis in April 1994.
Counsel Marchand based his cross examination on how the witness fled from his native commune Ngoma to Gisagara market square and was forced by the authorities to go to Kabuye Hill where over 40,000 Tutsis had sought refugee and later killed.
Most of the cross examination was held in closed session.
The other accused are the former Minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, another former prefect for Butare Sylvain Nsabimana and former mayor of Muganza commune, Elie Ndayambaje.
The trial continues on Wednesday.
This case, known as the “Butare trial”, is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’0316e)
MARCH 15TH, 2004
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ICTR/BUTARE
NTEZIRYAYO AND KANYABASHI ALLEGEDLY ORDERED KILLING OF TUTSIS
Arusha, March 15th, 2004 (FH) – Genocide survivor and 39th prosecution witness in the so called ‘’ Butare trial’’ told the International Criminal
Tribunal for Rwanda (ICTR) on Monday that Alphonse Nteziryayo, former prefect of Butare, and Joseph Kanyabashi, former mayor of Ngoma commune,
ordered soldiers, communal police and members of the Hutu population to hunt and kill Tutsis in April, 1994.
Regarding Nteziryayo, the witness, code-named QG, alleged that the orders were issued at Gisagara market square in Ndora commune where the newly appointed prefect was addressing the population in a meeting also attended by his predecessor Sylvain Nsabimana and Joseph Kanyabashi.
The three are co-accused in this trial with the former Minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali and former mayor of Muganza commune, Elie Ndayambaje.
“I encourage you to continue to ensure your security in Gisagara and flash out all the enemies. Don’t flee,” the witness quoted the statement allegedly made by Nteziryayo during the meeting.
QG went on explaining that immediately after the meeting, soldiers, communal police and members of the Hutu population began hunting for Tutsis in the bushes and surrounding forests.
Earlier, the witness had alleged that former mayor of Ngoma commune, Joseph Kanyabashi had, in mid April, 1994, sent soldiers, communal police and some members of the population trained in handling weapons, to attack and kill Tutsis.
“I could not go to the mayor to report the events because he was the one who sent them to attack and kill us,” QG answered the prosecutor who wanted to know why the witness did not report the acts of violence going around Ngoma commune.
He recounted that after his house was attacked and violence escalated, he fled to Gisagara where he met other refugees. They spent a night there, but the following day they were forced by the authorities to go to Kabuye hill.
On their arrival, QG said, soldiers, communal police and members of the population started shooting at refugees whom he estimated to be between 40,000 and 50,000.
The witness concluded his examination in chief in the morning of the afternoon and the defence began cross-examining him.
The “Butare trial” is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’0315e)
MARCH 17TH, 2004
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ICTR/SIMBA
SIMBA ALOYS AGAIN PLEADS NOT GUILTY TO GENOCIDE
Arusha, March 17th, 2004 (FH) – A former senior officer in the former Rwandan army (ex-FAR), Colonel Simba Aloy, on Wednesday pleaded again not guilty to crimes of genocide at the International Criminal Tribunal for Rwanda (ICTR).
Col. Simba is charged with four counts: Genocide, Complicity in Genocide, and Crimes against Humanity (murder and extermination). He made his first initial appearance on March 18, 2002.
According to the prosecution, Simba was in charge of civil defence in Gikongora and Butare between May and June and he had authority over the military, police and Interahamwe (militia allied to the former ruling party, the MRND). It was in that capacity that he allegedly oversaw the massacres of Tutsis in that region.
The accused allegedly commented in April 1994: “the situation is very dangerous. I have been recalled to arms to help hunt down Tutsis”.
The prosecution continues that even though the accused was retired, he wore military uniform in 1994. “He compared relations between Tutsis and Hutus to that between cats and rats”, points out the indictment.
Colonel Simba was part of a group of military officers of the “committee for peace and national unity” that took power on July 5 1973 after the overthrow of former president Gregoire Kayibanda by Major General Juvenal Habyarimana.
He then became a minister of information and later on a member of parliament. He is mostly remembered for having been the commandant of the Kigali military camp.
He was arrested in Senegal on November 27, 2001 and transferred to Arusha on March 11 2002. He is represented by Alao Sadikou from Benin while the prosecution is led by William Egbe from Cameroon.
Simba Aloys appeared before Judge Jai Ram Reddy of Fiji who entered his not guilty plea to all counts.
His trial is set to begin on May 10, 2004
KN/GA/CE/FH (SI’’0317e)
MARCH 12TH 2004
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ICTR/ GOVERNMENT II
TRIAL ADJOURNED FOR THE SECOND TIME IN A WEEK DUE TO LACK OF WITNESSES
Arusha, March 12th, 2004(FH) –The trial of four former Rwandan ministers at the International Criminal Tribunal for Rwanda (ICTR) was on Friday interrupted for the second time in a week due to lack of prosecution witnesses.
The accused in the trial known as Government II are Casimir Bizimungu, former Minister for health, former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service.
The trial chamber was compelled to adjourn the proceedings in the morning after hearing the testimony of the twenty-third prosecution witness because there were no more witnesses.
On Wednesday this week, the trial was adjourned to Thursday for the same reason.
The prosecutor, Ibukunolu Babajide told the trial chamber on Friday that the next witness already in Arusha was unwell and could not testify. He then
produced a medical certificate in court but the trial chamber said the document was not satisfactory. The document just stated that the witness could take a rest without explanation.
The presiding Judge, Khalida Rachid Khan, ordered the prosecutor to produce in court a medical certificate stating why the witness was unable to testify.
She directed the prosecution to ensure that it always has witnesses on stand by in Arusha. The judge then adjourned the case to Monday despite strong objections from one of the defence counsels.
Ben Gumpert, Mugenzi’s co-counsel had asked the chamber to summon the UN doctor who signed the certificate so that she could explain why the witness was not able to come to court, but the chamber rejected the request.
Gumpert also asked the court to attend to other issues which do not require the presence of witnesses instead of adjourning early, which the court also declined.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rachid Khan (Pakistan)
PJ/CE/FH (GVII’’0312e)
MARCH 11TH 2004
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ICTR/ GOVERNMENT II
TUTSIS ATTACKED AFTER A POLITICAL RALLY ADRESSED BY MUGIRANEZA
Arusha, March 11th, 2004(FH) – A prosecution witness in the trial of four former Rwandan ministers on Thursday told the International Criminal Tribunal for Rwanda (ICTR) that Hutus attacked Tutsis at her secteur after a political rally addressed by one of the accused in the case, Prosper Mugiraneza.
The witness identified as GJT said Mugiraneza, former minister for public service, took the floor after the former head of gendarmerie, Pierre-Celestin Rwagafilita, had finished addressing the crowd.
GJT, the twenty-third prosecution witness in this trial, said that Mugarineza’s speech was meant to sensitize Hutus, that “a Hutu was a very powerful person”.
The witness continued that after the rally, held next to her home, the crowd went around attacking Tutsis by beating them. ”Those people went down to the secteur and attacked Tutsis who lived nearby,” GJT said.
According to the witness, the attackers, who were Hutus, were singing saying that they did not want to be despised by Tutsis.
When the prosecutor asked the witness to name some of the attackers, she declined to do so in open court. The chamber then went into closed session to allow her to name them.
Most of the evidence of GJT was taken in closed session. The witness also did not state in open session the place and date where the rally took place for security reasons.
Mugiraneza is jointly accused with the former minister of Foreign Affairs Jerome Bicamumpaka former minister of Health Casimir Bizimungu, and the former minister for Commerce Justin Mugenzi.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’’0311e)
MARCH 11TH, 2004
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ICTR/BUTARE
GENOCIDE SURVIVOR CONTINUES TESTIFYING
Arusha, March 11th, 2004 (FH) – Trial chamber Two of the International Criminal Tribunal for Rwanda (ICTR) on Thursday continued hearing the cross examination of a genocide survivor and 38th prosecution witness in the “ Butare Trial”.
The witness code-named RT to conceal his identity had mainly touched one accused in his examination in chief , Elie Ndayambaje, former mayor of Muganza commune, one of the six co-accused.
Pierre Boule, counsel for Ndayambaje cross-questioned RT the whole day on how about 20,000 refugees were forcibly led to Kabaye hill by soldiers, communal police and members of the Hutu population, where they were later killed.
The killings took place between April 19 and 22, 1994.
Counsel Boule also challenged the oral testimony of witness RT against his written statement made on October 10,1995.
While in the statement he said that he saw the accused Ndayambaje distributing guns and grenades on the third day of the attack at Kabuye hill, RT told the chamber in court that he saw the accused only once, on the second day of the attack.
Responding to the question, RT said that “it was possible that ICTR investigators distorted my statement”. The chamber then went in closed session.
Other co-accused are the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefect of Butare, Sylvain Nsabimana and Alphonse Nteziryayo and the former mayor of Ngoma commune, Joseph Kanyabashi.
The “Butare trial” is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’03011e)
MARCH 10TH, 2004
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ICTR/BUTARE
WITNESS CONTRADICTS HIS WRITTEN STATEMENTS
Arusha, March 10th, 2004 (FH) – The 37th prosecution witness in the “Butare trial” on Wednesday concluded his testimony before the International Criminal Tribunal for Rwanda (ICTR) by stating some facts which, according to the defence, contradicted his written statements.
The witness code-named FAU was being cross examined by Pierre Boule, lead counsel for Elie Ndayambaje, the former mayor of Muganza commune in Butare prefecture, one of the six accused in this trial.
Boule challenged the witness’s oral testimony about the massacres which took place at Mugombwa church in Muganza commune.
Giving examples, the counsel said that while in his oral statement the witness denied being present during the killings at Mugambwa church and that he did not see the accused Ndayambaje nor the vehicle he arrived in, he stated the contrary in his written statement.
Boule relied on the confession statements made by FAU to the Rwandan authorities on October 10, 1999 and to the ICTR investigators on December 29, 1999.
“This does not reflect your oral testimony in court?,” counsel Boule asked. “I think there are no differences or contradictions,” the witness responded.
“One cannot narrate all the events correctly, there are some I cannot remember,” he added.
Judge William Hussein Sekule, presiding over the trial interrupted counsel Boule saying the chamber made note of the evidence adduced and asked the counsel to proceed with other issues.
The trial then went in closed session. When it resumed, FAU was about to finish his testimony. Another prosecution witness dubbed RT was called in for examination in-chief.
Other co-accused are, the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefect of Butare, Sylvain Nsabimana and Alphonse Nteziryayo and the former mayor of Ngoma commune, Joseph Kanyabashi.
The “Butare trial” is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’03010e)
MARCH 10TH, 2004
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ICTR/BUTARE
NDAYAMBAJE DISTRIBUTED GRENADES, WITNESS SAYS
Arusha, March 10th, 2004 (FH) – A genocide survivor and a prosecution witness in the Butare trial told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that one of the accused, Elie Ndayambvaje, former mayor of Muganza commune, distributed grenades to soldiers and communal police during the massacres at Kabuye hill.
Led in his examination in chief by prosecuting counsel Adesola Adeboyejo, the witness code-named RT told the chamber that on the second day of the attack at Kabuye hill Ndayambaje arrived in a white Toyota-pick with grenades. He said this happened between April 19th and 21st, 1994.
“He was walking around distributing grenades to soldiers and communal police,” the witness stated, when the prosecutor asked him what Ndayambaje did after his arrival at Kabuye hill.
He added that from the first day when refugees were forcibly sent to Kabuye hill under the escort of soldiers, policemen and Hutu populations, shooting started immediately after their arrival and many of them lost their lives.
He estimated the number of refugees at Kabuye at 40,000, and the attackers could not easily finish them off by shooting at them. The grenades were meant to facilitate the killing process.
“They formed small groups and surrounded us. We could not flee though we tried to,” he said adding “some attempted to go to Burundi, others hid in holes and some went to Kabogobogo.”
Witness RT continues with his testimony on Thursday.
Ndayambaje is co-accused with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefect of Butare, Sylvain Nsabimana and Alphonse Nteziryayo and the former mayor of Ngoma commune, Joseph Kanyabashi.
The hearing is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’03010e)
MARCH 10TH 2004
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ICTR/ GOVERNMENT II
PROCEEDINGS INTERRUPTED BY LACK OF WITNESSES
Arusha, March 10th, 2004(FH) –The proceedings in the so-called Government II trial at the International Criminal Tribunal for Rwanda (ICTR) were on Wednesday interrupted due to lack of prosecution witnesses.
The prosecutor, Ibukunolu Babajide, (Nigeria) informed the trial chamber that witnesses from Rwanda were unable to travel to Arusha on Monday because the International Women’s Day is a public holiday in Rwanda.
Babajide said the next three witnesses arrived in Arusha late on Tuesday evening and he was unable to meet them. He then requested for an adjournment up to Thursday morning, which the court granted.
Earlier in the morning session, the twenty-second prosecution witness, code-named GTA, was cross-examined briefly by one defence counsel before the adjournment.
On Tuesday, GTA told the trial chamber that he had witnessed a Tutsi man being killed at a roadblock in Gitarama Prefecture on orders of former minister of Foreign Affairs, Jerome Bicamumpaka, in 1994.
Bicamumpaka is co-accused with former minister for Health Casimir Bizimungu, former minister for Commerce Justin Mugenzi and former minister of Public Service Prosper Mugiraneza.They each face six counts of genocide and crimes against humanity.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’’0309e)
MARCH 9TH, 2004
_________________________________________________
ICTR/BUTARE
WRITTEN STATEMENTS WERE NOT RECORDED PROPERLY, SAYS WITNESS
Arusha, March 9th, 2004 (FH) – The 37th prosecution witness in the “Butare trial” that groups six genocide suspects told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that some of his written statements were not recorded correctly.
The witness dubbed FAU to conceal his identity was being cross examined by Pierre Boule, lead counsel for the former mayor of Muganza commune, Elie Ndayambaje, one of the accused in this trial. He wanted to know why there were contradictions between the witness’s oral and written statements.
Counsel Boule relied on two different statements made by the witness, one on December 29, 1999 when he confessed before Rwandan authorities that he participated in the massacres, and the other made to the ICTR investigators on February 22, 2001.
The disagreement between Boule and the witness concerned the number of bodies FAU allegedly saw at Mukabuga or Makopekope market in Muganza commune during the massacres in 1994.
The witness said “I am not in a position to know but they were more than two.” Not satisfied with the answer the counsel asked again whether the witness saw “30 bodies”. FAU only answered “several bodies”. In his confession FAU mentioned that he saw 30 bodies following the killings at the market.
Later in the day, the chamber was compelled to adjourn as Counsel Boule did not feel well. It is expected to continue on Wednesday.
The other co-accused in this trial are the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, another former prefect of Butare, Alphonse Nteziryayo and the former mayor of Ngoma commune, Joseph Kanyabashi.
The “Butare trial” is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’0309e)
MARCH 9TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
BICAMUMPAKA ORDERED THE KILLING OF A TUTSI MAN, WITNESS SAYS
Arusha, March 9th, 2004(FH) - The twenty-second prosecution witness in the trial of four former Rwandan Ministers told the International Criminal
Tribunal for Rwanda (ICTR) on Tuesday that one of the accused, Jerome Bicamumpaka, had in 1994 ordered the killing of a Tutsi man at a roadblock in Gitarama.
Bicamumpaka is being tried jointly with former Minister of Commerce Justin Mugenzi former minister of health, Casimir Bizimungu, and Prosper Mugiraneza, former minister of public service
The witness code-named QTA to conceal his identity, said he personally witnessed the man being killed by a soldier following instructions by Bicamumpaka, former minister of Foreign Affairs.
QTA recounted how he was on his way to Kigali to see his mother when the incident occurred. “A vehicle carrying Bicamumpaka came. He pointed a finger at one man and said : ‘you, John, aren’t you a Tutsi?’ He ordered that the man be shot,” the witness stated.
QTA added that immediately after the minister finished giving his orders, the man was dragged aside by soldiers who had been manning the roadblock and shot dead.
“I saw the soldiers shoot him,” the witness explained.
According to him there were about fifty people at the roadblock which was set up in front of the Gitarama prefecture offices. The people included soldiers, Interahmwe and civilians.
QTA, a member of the Liberal Party Hutu power faction, explained that he first saw Bicamumpaka in Cyangugu during a meeting attended by former president Theodore Sindikubwabo and former Prime Minister Jean Kambanda.
He placed the date of the meeting between April and 14th and 15th 1994. At the meeting, Kambanda spoke, telling the gathering that Tutsis were enemies of the country. He also said every Rwandan should be armed so as to fight the enemy.
During cross-examination, Bicamumpaka’s counsel, Pierre Gaudreau (Canada) sought to know from the witness why he never incriminated the accused when he pleaded guilty to genocide crimes at Rwanda national court in 1996.
The witness replied that he never mentioned Bicamumpaka because he was never questioned about him. He added that he only talked of Bicamumpaka’s alleged crimes when the ICTR investigators interviewed him.
QTA had been sentenced to eleven years imprisonment but served eight years only and was released from prison in March last year.
The cross-examination of QTA continues on Wednesday.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding, assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’’0309e)
MARCH 8TH, 2003
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ICTR/BIKINDI
MUSICIAN AGAIN PLEADS NOT GUILTY TO GENOCIDE
Arusha, March 8th, 2003 (FH) – A famous Rwandan musician being held at the International Criminal Tribunal for Rwanda (ICTR), on Monday pleaded not guilty to six counts of genocide related charges.
In the amended indictment, Simon Bikindi, 49, is particularly accused of using his music to incite hatred of Tutsis in the run-up to the 1994 genocide which claimed an estimated one million people.
He is also accused together with other top military and civilian official of helping train Interahamwe militia with the sole aim of eliminating Tutsis. The indictment details a number of killings that it says the accused played a leading role in.
The prosecution maintains that there was a well laid-out plan to eliminate Tutsis and Hutu members of the opposition and that “Simon Bikindi’s musical
compositions and live performances and recruitment, training and command of Interahamwe, were elements of the plan to mobilize civilian militias to destroy, in whole or in part, the Tutsi”.
The tribunal read out six counts that include genocide, direct and public incitement to commit genocide, murder and persecution as crimes against humanity as well as conspiracy to commit genocide. Most of the crimes were allegedly committed in Kigali and the north western town of Gisenyi.
In Bikindi’s first initial appearance, on April 04, 2001, the count of persecution was not included.
The amended indictment says that Bikindi “consulted with President Juvenal Habyarimana, Minister of Youth and Sports Callixte Nzabonimana and MRND-aligned military authorities on song lyrics” before releasing his music, which was widely played on the extremist Radio Télévision Libre de Mille Collines (RTLM) and the government owned Radio Rwanda..
It continues that even after the interim government had fled to the former Zaire, Bikindi continued to compose music that incited the Hutu population against the Tutsi.
When judge Lloyd George Williams of St. Kitts and Nevis asked the tall heavy-set man smartly turned out in a grey suit as to how he pleaded, Simon Bikindi did not hesitate: “The truth shall prevail over lies, love shall prevail over hatred. I plead not guilty to all charges”, he stated.
Bikindi was arrested in Leiden (The Netherlands) on July 12, 2001 and transferred to the ICTR one week later. He is defended by Wilfred Nderitu from Kenya.
The date for the beginning of Bikindi's trial has not been set yet.
KN/CE/FH (BK’0308e)
MARCH 8TH, 2004
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ICTR/BUTARE
PROSECUTION WITNESS RECOVERS AND CONTINUES WITH TESTIMONY
Arusha, March 8th, 2004 (FH) – The 36th prosecution witness in the Butare trial who fell sick in the middle of his testimony and asked for a rest last Thursday, continued testifying on Monday at the International Criminal Tribunal for Rwanda (ICTR).
The witness code-named FAC to conceal his identity touched two accused persons during his examination in-chief, the former Prefect of Butare,
Sylvain Nsabimana and former Mayor of Ngoma commune, Joseph Kanyabashi. The trial groups six genocide suspects.
Other co-accused are, the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, another former prefect of Butare, Alphonse Nteziryayo and the former mayor of Muganza commune, Erlie Ndayambaje.
When it resumed FAC was being cross examined by Michel Marchand, lead counsel for Kanyabashi. The witness alleged that following Kanyabashi’s orders, he joined others to hunt for Tutsis, killed them and took away their clothes and other properties.
“The authorities did not punish us but rather thanked us for the job well done,” FAC told the chamber.
FAC, who is a confessed killer in Rwanda, elaborated that before the operation in May, 1994, the authorities convened a meeting at a cemetery
near Butare National university where three speakers took the floor to address about 2,000 people.
He said Kanyabashi and Prefect Nsabimana were among the speakers and that they had only one message, to hunt and kill the Tutsis wherever they might be.
Counsel Marchand then asked for a closed session to wind up his cross examination. When they resumed he had already finished and counsel for Nsabimana, Charles Tchakounte had taken over to cross examine FAC.
The trial continues on Tuesday.
The “Butare trial” is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), assited by judges Arlette Ramaroson from Madagascar and Solomy Balungi Bossa of Uganda.
NI/CE/FH(BT’’0308e)
MARCH 8TH 2004
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ICTR/ GOVERNMENT II
MUGENZI BRIBED PEOPLE TO JOIN LIBERAL PARTY HUTU POWER FACTION
Arusha, March 8th, 2004(FH) - A prosecution witness on Monday testified before the International Criminal Tribunal for Rwanda (ICTR) that former Minister for commerce Justin Mugenzi offered bribes to people in Nyanza area (Butare Prefecture ) in 1993 so that they could join the Liberal Party Hutu power faction.
Mugenzi is co-accused in the Government II trial with the former minister of health, Casimir Bizimungu, the former minister of foreign affairs, Jerome Bicamumpaka, and Prosper Mugiraneza, former minister of public service.
The twenty-first prosecution witness identified as GMJ to keep his identity secret told the court that Mugenzi started bribing people who were in the non power faction of PL after he was appointed minister. This was in a bid to woo them to join the Hutu power faction of PL. Mugenzi was the chairman of PL between 1991 and 1993
“How were people brought to join political power factions”? the prosecutor asked. “Within the PL, people were bribed openly, they were rewarded with sugar and money,” GMJ answered.
GMJ, who was a member of the PL non Hutu power faction, could not recall the exact time when Mugenzi distributed the sugar and money, only stating that it was around July and August 1993.
Mugenzi allegedly made an announcement over the radio saying that his party had joined the Hutu power wing in 1993. After the declaration, GMJ said that the Minister visited Nyanza region where he met some members of the party and civil servants to inform them of the change.
GMJ further testified that members of PL who refused to join the Hutu power wing were targeted and killed during the genocide. Their names were listed by a local president of the party, one Karake, and kept until the genocide began.
“People who were in the non power faction were killed because they did not wish to join the Hutu power faction,” GMJ stated.
During the genocide in 1994, all members of non Hutu power PL wing were killed except two people only, according to the witness.
The witness stated that the PL non-power wing could not operate in Nyanza region because it did not have the blessings of the national leaders.
Mugenzi who was the president of the party, spoke on radio stating that the non-power wing was like a “rotten puppy”.
The trial continues on Tuesday with the evidence of another prosecution witness QTA.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0308e)
MARCH 5TH, 2004
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ICTR/GOVERNMENT II
“THE PERSON WHO TOOK MY STATEMENT MADE A MISTAKE”, DECLARES WITNESS
Arusha, March 5th, 2004 (FH) – The twentieth prosecution witness in the trial of four former Rwandan ministers taking place at the International Criminal Tribunal for Rwanda (ICTR), on Friday claimed that investigators who took down his statement misquoted him.
“The person who took down my statement must have made a mistake”, said witness “GHV”, so-called to protect his identity.
The witness was being cross-examined by Pierre Gaudreau from Canada, the defence counsel one of the accused, the former minister of foreign affairs in Rwandan interim government Jerome Bicamumpaka.
According to GHV, Bicamumpaka called upon Hutus to mobilise against Tutsis during a meeting held in Ruhango (Gitarama province, central Rwanda) some time in April 1994.
But his testimony in the tribunal differed from his statement as to the time the alleged meeting took place. He had stated in court that the meeting took place before noon yet his statement put the time at 4 o’clock in the afternoon.
“Was the statement read to you before you signed it?”, asked Gaudreau. “It was read to me but I do not accept the mistake”, the witness answered.
“Did you request that the error be rectified?” continued the lawyer. The witness replied in the negative telling the tribunal that only his testimony should be taken to be the truth.
“If my statement was taken to be the Gospel truth, what is the need of my presence here?” protested the GHV.
After the witness’s testimony, the trial went into closed session as all parties discussed the calendar.
Bicamumpaka is jointly accused with the former ministers, Justin Mugenzi (Commerce), Casimir Bizimungu (Health) and Prosper Mugiraneza (Public Service).
Each of the accused is charged with six counts of genocide and crimes against humanity committed against Tutsis in different parts of Rwanda. All plead not guilty.
The so-called “Government Two” trial is taking place in Trial Chamber Two of the ICTR, composed of Judge Asoka de Zoysa Gunawardana for Sri Lanka (presiding), Judge Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
KN/ER/AT/CE/FH (GVII’0305e)
MARCH 5TH, 2004
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ICTR/GOVERNMENT II
WITNESS CLAIMS FORMER MINISTER OF COMMERCE WAS “MATERIALISTIC”
Arusha, March 5th, 2004 (FH) – A prosecution witness in the trial of four former Rwandan ministers taking place at the International Criminal Tribunal for Rwanda (ICTR), on Friday claimed that the former minister of Commerce, Justin Mugenzi was “materialistic”.
The witness code-named “GMJ” to protect his identity, described himself as “an ordinary member” of the Liberal Party (PL) of which Mugenzi was president from 1991 to 1994.
“Mugenzi changed radically when he became minister of commerce in 1993. He wholly espoused the ideology he used to fight. That is when we realised that he was materialistic”, declared the witness.
“Before 1993, Mugenzi would teach us to fight discrimination …all ethnic groups lived in harmony within the party… PL was a really a good party”, continued GMJ.
According to him, Mugenzi was “the kind of person who could accept to kill others for material gain”.
GMJ, the 21st prosecution witness, testified for less than an hour on Friday and he will continue giving evidence on Monday.
Mugenzi is co-accused with the former minister of health, Casimir Bizimungu, the former minister of foreign affairs, Jerome Bicamumpaka, and Prosper Mugiraneza, former minister of public service.
All have pleaded not guilty to crimes of genocide and crimes against humanity.
The so-called “Government Two” trial is taking place in Trial Chamber Two of the ICTR, composed of Judge Asoka de Zoysa Gunawardana for Sri Lanka (presiding), Judge Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
KN/ER/CE/FH (GVII’0305ee)
MARCH 3RD 2004
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ICTR/ GOVERNMENT II
Erratum : In our dispatch of February 16th concerning prosecution witnessLEL's testimony in the Governement II trial, we erroneously stated that a Tutsi woman was taken away from a church by soldiers and killed on orders of Justin Mugenzi. We have since checked the transcripts of the session, and established that LEL only stated that the woman called Vestine
was taken away, but not that she was killed. She only mentioned that she never saw her again. We apologize for any inconvenience this mistake may have caused. Below is the corrected dispatch.
TUTSI WOMAN TAKEN AWAY ON ORDERS OF MUGENZI
Arusha, March 3rd , 2004(FH)-The thirteenth prosecution witness in the trial of four former Rwandan ministers on Monday told the International Criminal Tribunal for Rwanda that a Tutsi woman was taken away from a church where she had sought refuge, by a soldier on orders of Justin Mugenzi, one of the accused in the trial.
The witness identified as LEL to protect her identity told the trial chamber she learned from other Tutsi who had sought refuge in the church with her at
Kibungo prefecture in April 1994 that Mugenzi, former minister of Commerce had sent a soldier to collect the woman.
”They said it was Mugenzi who had sent the soldier to come and take that woman”. She only identified the woman, whom she never saw again after being picked up, as Vestine. LEL added that Vestine left along with another girl.
LEL also stated that before the soldier who had come to pick the woman left, he told the refugees “all of you will be exterminated”.
After the soldier left, an attack took place and many refugees were killed by the Interahamwe and soldiers. The witness, however, could not remember the date this event occurred.
LEL also testified that some other women refugees were taken away and raped by the Interahamwe. Among the victims was a woman she identified as Uwera.
She was taken away by the Interahamwe while outside the church.
“They raped her and kept her for some time. Then after a few days we heard that they had killed her,” the witness stated.
LEL who was aged 16 in 1994, recalled that she and other family members fled to the church in April but could not recall the date when she arrived there.
Mugenzi is jointly being tried with former Minister of Health Casimir Bizimungu , the former minister of Foreign Affairs Jérôme Bicamumpaka, and Prosper Mugiraneza, former minister of Public Service.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0303e)
MARCH 3RD 2004
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ICTR/BUTARE
REFUGEES WERE “SECURITY RISKS”, NDAYAMBAJE ALLEGEDLY SAID
Arusha, March 3RD 2004 (FH) – The former mayor of Muganza commune in Butare (southern Rwanda), Elie Ndayambaje, allegedly ordered people to attack Tutsi refugees in 1994 because they were a “security risk”.
The allegations were made by the 35th prosecution witness, code-named “FAG” to protect his identity during cross-examination in the Butare trial at the International Criminal Tribunal for Rwanda (ICTR).
The witness said that he and a crowd of people were standing at Bishya trading centre (Muganza commune), when Ndayambaje drove over in a Toyota pickup belonging to the commune, accompanied by communal policemen.
He allegedly stated that the refugees who were assembled at Kabuye hill had resisted attacks by police and the population.
“The police and the population have failed. I am going to see what my ‘bosses’ can do to help out”, FAG claimed the former mayor said.
He continued that Ndayambaje arrived in the evening accompanied by soldiers and drove towards Kabuye hill.
The witness added that when he and a group of between 150 and 200 people went to Kabuye hill the next day, the whole place was in a mess. “There were many bodies and dead animals lying around”, he said.
He continued that even though they had been ordered by local authorities to go and give a hand to the killers, the job had already been done and no one was alive.
FAG admitted having taken part in attacks against Tutsis and that he had confessed to Rwandan judicial authorities.
The cross examination of FAG has been conducted since Tuesday by one of Elie Ndayambaje’s counsel, Claude Desrochers from Canada.
Ndayambaje’s joint trial in what is known as the “Butare group” includes the former minister of women and family affairs, Pauline Nyiramasuhuko, her son
and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Alphonse Nteziryayo, and the former mayor of Ngoma commune, Joseph Kanyabashi.
All have pleaded not guilty to charges of genocide and crimes against humanity committed in Butare in 1994.
The trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
The trial continues on Thursday.
KN/CE/FH (BT’’0303e)
MARCH 2ND, 2004
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ICTR/BUTARE
CHURCH BLASTED WITH GRENADES FOR AN HOUR AND A HALF, SAYS WITNESS
Arusha, March 2nd2004 (FH) – A prosecution witness in the Butare trial on Tuesday told the International Criminal Tribunal for Rwanda (ICTR), that in
April 1994, soldiers and militia blasted with grenades Mugombwa parish church for an hour and a half.
The witness code-named “FAG” to protect his identity, said during cross-examination that the killers had been transported to the parish by the former mayor of Muganza, Eli Ndayambaje.
Ndayambaje is among six people accused of committing acts of genocide in Butare (southern Rwanda) during the 1994 genocide.
Hundreds of Tutsi refugees from Muganza and the surrounding had sought refuge in Mugombwa parish for fear of being killed by extremist Hutu militia.
“They were throwing grenades and bottles of petrol into the church”, explained the witness, pointing out that he was among the group of attackers that included Burundian refugees living in the areas.
“Those who survived the grenades were dragged out of the church and finished off”, added FAG. He said that the parish priest, only named as Father Titian, was not present during the attack.
FAG continued that no Hutu was targeted during the massacres of Mugombwa. “It was us the Hutus who were hunting down Tutsis”, he stated
The witness is among the thousands who have confessed of participating in the genocide to Rwandan authorities, in the hope of getting lighter sentences.
He had claimed the previous day that the killings had been planned and supervised by the former prefect of Butare Alphonse Nteziryayo, and Elie Ndayambaje. He added that both had taken part in attacks at Kabuye hill in Butare.
Ndayambaje and Nteziryayo are jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia
leader in Butare, Arsene Shalom Ntahobali, another former prefect of Butare, Sylvain Nsabimana , and the former mayor of Ngoma commune Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The “Butare” trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
KN/FH (BT’’0302e)
MARCH 2ND 2004
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ICTR/NDINDABAHIZI
I AM INNOCENT, NDINDABAHIZI SAYS
Arusha, March 2nd , 2003 (FH) - Former Rwandan Minister for Finance and genocide suspect Emmanuel Ndindabahizi on Tuesday told the International Criminal Tribunal for Rwanda that he is an innocent man.
“I am innocent and I am waiting for your ruling so that I can leave the detention facility where I have been unjustly thrown in,” Ndindabahizi told the trial chamber .
The accused was invited by the chamber to make comments after the prosecution and the defence had completed their closing arguments.
“Even if I am a detainee, I consider myself to be innocent and think the prosecutor also knows that ,” the accused added.
He claimed that he was indicted by the tribunal after he fell out with an ICTR investigator he had been dealing with in Nairobi in 1998.
Ndindabahizi stated that after the disagreement the person he only identified as Gilbert vowed to fix him and ensure that he spends the rest of his life in prison.
“Since I had broken contact with those officers (investigators), the consequence would be to spend the rest of my life in prison,” Ndindabahizi said.
He was arrested in Belgium in July 12th 2001 where he had sought refuge.
Ndindabahizi, 53 is charged with three counts including genocide and crimes against humanity (extermination and murder).He allegedly perpetrated massacres of civilians in his native prefecture of Kibuye, western Rwanda.
He is accused of allegedly organizing, inciting and supervising massacres, including making public calls for the killing of Tutsis in general and certain individuals in particular.
The trial is before Trial Chamber One composed of Judge Erik Mose (Norway) presiding, Judge Khalida Rachid Khan (Pakistan) and Solomy Balungi Bossa (Uganda).
PJ/CE/FH (NB’0302ee)
MARCH 2ND 2004
_________________________________________________
ICTR/NDINDABAHIZI
DEFENCE ASKS FOR ACQUITTAL
Arusha, March 2nd , 2004 (FH) - The defence team of the former Rwandan minister for Finance and genocide suspect Emmanuel Ndindabahizi, on Tuesday asked the International Criminal Tribunal for Rwanda to acquit the accused.
“Ndindabahizi does not deserve to be sentenced. The only justice that can be given to him is to acquit him”, pleaded lead counsel Pascal Besnier of France in his closing arguments.
Besnier added that “the reconciliation which is needed in Rwanda does not come through the conviction of innocent persons.”
The prosecutor, Charles Adeogun –Phillips of Nigeria, had called on Monday for the maximum sentence of life imprisonment to be imposed on the accused, stating that the suspect is guilty of all the charges against him.
“The prosecutor has persisted in trying the accused for political reasons,” Besnier claimed.
He added that Ndindabahizi was unknown in Rwanda up to June 2001, when the indictment was confirmed by the tribunal.
Ndindabahizi, 53 is charged with three counts including genocide and crimes against humanity (extermination and murder). He allegedly perpetrated massacres of civilians in his native prefecture of Kibuye, western Rwanda.
He is accused of organizing, inciting and supervising massacres, including making public calls for the killing of Tutsis in general and certain individuals in particular.
Besnier went on that the indictment against his client has shortcomings and was vague. Moreover, he said, two-thirds of the indictment was not touched by the prosecution witnesses in their evidence, in which, he added, there were inconsistencies.
Besnier also challenged the testimonies of almost all the prosecution witnesses, saying they had stated dates in court when the accused is alleged to have committed crimes which do not tally those indicated in the indictment. This, he said, has prejudiced the case of the defence who were unable to look for information to challenge the dates given by witnesses in the oral testimony.
The prosecution called a total of fifteen witnesses.
Ndindabahizi’s co-counsel, Guillaume Marçais (France), also told the chamber that most of the prosecution witnesses were not credible and their evidence were full of contradictions. He added that their evidence had been challenged entirely by that of the defence witnesses.
“Not only are we convinced of Ndindabahizi’s innocence but we are full of confidence that the trial chamber will decide in our favour,” Marçais said.
After the defence had completed their arguments, judge Khalida Rachid Khan sought to know from the defence why Ndindabahizi did not flee the country when he had the opportunity in May 1994, as he went to Nairobi for official duties.
“I can answer that in five words: four children and a wife in Rwanda as hostages,” Besnier replied
.
The judgment in the trial is expected to be delivered in June this year.
Ndindabahizi’s trial, which began on September 1st 2003, is one of the fastest in the history of the tribunal. Evidence of fifteen prosecution witnesses and eighteen defence witnesses was heard up to November 28th 2003.
The trial is before Trial Chamber One composed of Judge Erik Mose (Norway) presiding, assited by judges Khalida Rachid Khan (Pakistan) and Solomy Balungi Bossa (Uganda).
PJ/CE/FH (NB’0302e)
MARCH 2nd, 2004
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ICTR/GOVERNMENT II
TRIAL OF FOUR FORMER MINISTERS CONDUCTED BEHIND CLOSED DOORS
Arusha, March 2nd, 2004 (FH) - The testimony of the 18th prosecution in the trial of four former ministers was heard in closed session on Tuesday at the International Criminal Tribunal for Rwanda (ICTR).
The “protected witness code-named “UL”, has been testifying behind closed doors since Monday.
According to Ibukunolu Babajide, member of the prosecution in this trial, the witness will give the entire testimony in closed session.
The former minister of health, Casimir B izimungu, that of minister of foreign affairs, Jerome Bicamumpaka, minister of commerce, Justin Mugenzi, and the former minister of public service, Prosper Mugiraneza, have each pleaded not guilty to six counts of genocide and crimes against humanity.
The so called “Government II” the trial is taking place in Trial Chamber Two of the ICTR composed of Judge Asoka de Zoya Gunawardana from Sri Lanka (presiding) Judge Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
KN/ER/AT/FH (GVII''0302e)
MARCH 1st, 2004
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ICTR/GACUMBITSI
GACUMBITSI CLAIMS HIS INNOCENCE DURING CLOSING ARGUMENTS
Arusha, March 1st 2004(FH) – The former mayor of Rusumo commune, (Kibungo Prefecture, Eastern Rwanda) Sylvestre Gacumbitsi whose trial is being heard at the International Criminal Tribunal for Rwanda (ICTR) on Monday provided information alleging that he was innocent.
Gacumbitsi 57, is charged with five counts related to the 1994 genocide in Rwanda. They include genocide or in the alternative, complicity in genocide, extermination, murder and rape as crimes against humanity.
The accused had been allowed by the judge to address the court during the closing arguments of his trial. He narrated the same things that he had said when he was testifying on his own behalf.
He said he held the position of Mayor since 1983. During that time “I never pursued criminal segregation, that is why I remained in power for all those years,” he said.
He continued that the advent of political parties caused the genocide. “With the advent of political parties the powers of the bourgmestre
declined. A bourgmestre was in charge of security and in 1994 there was security and peace in Rusumo until the situation changed later,” he said.
Gacumbitsi also explained how he took action on wrongdoers. “I arrested those who started burning houses from the 10th to the 12th (April). My strong concern was to restore security so I kept them in custody,” he defended himself.
The accused also repeated that he was persecuted because people thought he was an accomplice of the RPF. He added that the main reason why he evacuated Tutsis who had taken refuge in his house at Nyakarambe (Kigali) was because he feared they would be killed by extremists which targeted him.
Prosecution witnesses accuse him of evacuating Tutsis tenants from his house on racial grounds.
He concluded by stating that he never hurt anyone, and that even his family knew that he was, “incapable of killing a chicken,” adding that he was saddened when he was described as a criminal.
The prosecution maintains that there were massacres of more than 20,000 people at Nyarubuye Parish on the 15th of April, 1994, carried out on the orders of the genocide suspect.
Gacumbitsi was defended by Mr. Kouengoua assisted by Ms Anne Mbattang both of whom are from Cameroon, while the prosecutor in this trial was Mr. Richard Karegyesa of Uganda assisted by Ms. Andra Mobberly of New Zealand.
During the closing arguments Mr. Karagyesa called for the accused to be imprisoned for the rest of his life while the defence called for the acquittal of their client.
The tribunal expects to deliver the verdict in this trial in June 2004.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA'0301eee)
MARCH 1, 2004
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ICTR/GACUMBITSI
AQUIT GACUMBITSI, REQUESTS DEFENCE COUNSEL
Arusha, March 1st 2004(FH) – The defence counsel of the former mayor of
Rusumo commune (Kibungo Prefecture, Eastern Rwanda) Sylvestre Gacumbitsi
whose trial is being heard at the International Criminal Tribunal for Rwanda
(ICTR) requested the chamber to aquit his client on Monday.
Gacumbitsi 57, is charged with five counts related to the 1994 genocide in
Rwanda. They include genocide or in the alternative, complicity in genocide,
extermination, murder and rape as crimes against humanity.
Mr. Kouengoua (Cameroon) who is the lead defence counsel for Gacumbitsi
completed the defence’s closing arguments by stating that “the prosecutor
failed to prove beyond a reasonable doubt that Gacumbitsi is guilty of
complicity in genocide, extermination, murder and rape as crimes against
humanity.” He added that “the request we make is for you to aquit
Gacumbitsi of the five counts.”
Earlier Gacumbitsi’s co-counsel, Ms. Anne Mbattang also from Cameroon, also
said that “Gacumbitsi did not commit the crimes he is accused of by the
prosecution”.
According to the co-counsel, the former mayor could not have instigated
attacks against Tutsis because he was educated by Tutsis and completed his
education in the Nyarubuye Parish. “Gacumbitsi could not have been the
cause of this evil experience in the commune,” she said.
The prosecution maintains that there were massacres of more than 20,000
people at Nyarubuye Parish on the 15th of April, 1994, carried out on the
orders of the genocide suspect.
Ms. Mbattang also blamed the prosecutor for providing a poorly prepared
indictment. “The indictment is so vague you cannot use it without running
the risk of rendering unfair justice,” she commented, continuing that “the
indictment is a mere patchwork of events which the prosecutor finds
difficult to prove are specific to the accused.”
Gacumbitsi was defended several times as being innocent by his counsels. One
time the co-cousel said, “You cannot expect a combination of confused events
to be held against an innocent person”
Ms. Mbattang then defended her witnesses telling the court that what the
prosecutor had said of them earlier in the day was not true. The
prosecutor, Mr. Richard Karegyesa of Uganda had said that the defense
witnesses were “ignorant, evasive, inconsistent, distancing themselves from
the crimes and that they denied the obvious”.
The co-counsel went on to challenge the credibility of prosecution
witnesses. She gave the example of a witness code-named RDR who testified
that he was among those trained by IBUKA to come and testify against the
accused.
IBUKA is an organisation based in Rwanda which helps victims of the genocide
overcome the problems they have faced since 1994.
Mr. Kouengoua also challenged the expert witnesses brought by the
prosecutor. “Alison Des Forges did not even know there was a sub-prefect in
Rusumo, so what did she come to do here?” he asked.
He also reminded the court that the defence team had provided a report by
forensic experts who proved that the footage taken by Feargal Keane, a BBC
journalist who filmed Nyarubuye, was taken at three different times and the
bodies that were filmed and photographed were skeletons of many years back.
Koeungoua concluded by saying, “I believe Gacumbitsi is the only person
whose family remained at the same place. They did not run away from Rwanda.
I don’t know how criminals behave but his children are still in Rusumo and
no member of the family is hiding in any other country.”
The prosecutor had presented closing briefs earlier in the day. He requested
that Gacumbitsi be “put away for the rest of his life”
The prosecutor brought a total of 15 witnesses while the defense brought 21.
The tribunal expects to deliver the verdict in this trial in June 2004.
The trial is before Trial Chamber Three, which is presided over by
Senegalese judge Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji
and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA'0301ee)
MARCH 1st, 2004
__________________________________________________________________
ICTR/GACUMBITSI
PROSECUTOR REQUESTS LIFE IMPRISONMENT FOR GACUMBITSI
Arusha, March 1st, 2004(FH) – The prosecutor in the trial involving the former mayor of Rusumo commune, (Kibungo Prefecture, Eastern Rwanda) Sylvestre Gacumbitsi at requested on Monday the International Criminal Tribunal for Rwanda (ICTR) to imprison the accused for the rest of his life.
Gacumbitsi 57, is charged with five counts related to the 1994 genocide in Rwanda. They include genocide or in the alternative, complicity in genocide, extermination, murder and rape as crimes against humanity.
“We request you to find the accused guilty of genocide, extermination, murder and rape. Our submission on the appropriate sentence is adequately
laid, we request the accused Sylvestre Gacumbitsi be put away for life,” the prosecutor, Mr. Richard Karagyesa of Uganda concluded in his closing brief.
For one hour the prosecutor reviewed the evidence of several prosecution and defense witnesses. He said his witnesses had given evidence which was in line with what was written in the indictment. He mentioned those who said they had witnessed Gacumbitsi being involved in instigating the genocide and exterminating of Tutsis. He also cited one witness who said he saw Gacumbitsi hacking a man to death.
Other witnesses he quoted were victims of rape. One such witness TAQ had testified that she was 9 months pregnant when she was gang-raped in Rusumo.
The prosecution maintains that there were massacres of more than 20,000 people at Nyarubuye Parish on the 15th of April, 1994, carried out on the orders of the genocide suspect.
Mr. Karagyesa then moved to discredit the defence witnesses whom he said, “denied the obvious, distancing themselves from criminal activity.”
“All the defence witnesses brought to the trial claimed not to have heard or seen Gacumbitsi doing wrong. The mere fact that many of them have said the same thing so many times cannot controvert the testimony of those who have been raped,” Karagyesa stressed.
Most of the defence witnesses for Gacumbitsi testified on the same lines, refuting the allegations made by the prosecution that he organized and was present in Nyarubuye Parish on the day of the massacre.
The prosecutor brought a total of 15 witnesses including Human Rights expert, Alison Des Forge and BBC journalist Feargal Keane who filmed the Nyarubuye massacre site.
The defence brought a total of 21 witnesses. One expert witness Mr. Pascal Ndegejeho, a former minister for information, had his status changed to a
factual witness. He was then redrawn from the chamber after failing to decide whether he should accept to testify as such.
The defence team led by Mr. Kouengoua of Cameroon will submit its closing arguments in the afternoon.
The tribunal expects to deliver the verdict in this trial in June 2004.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA'0301e)
MARCH 1ST, 2004
_________________________________________________
ICTR/GOVERNMENT II
COURT ORDERS WITNESS’S DIARY SEIZED AS EVIDENCE
Arusha, March 1st, 2004 (FH) - The 17th witness in the trial of four former Rwanda government ministers, was on Monday ordered by the International Criminal Tribunal for Rwanda (ICTR), to leave her diary with the registry after she consulted it to “refresh her memory” during trial.
“All the contents of the diary should be included as evidence”, ordered the presiding judge of Trial Chamber Two, Asoka de Zoya Gunawardana from Sri
Lanka. In the meantime, the witness can only keep a photocopy of the document.
“The defence teams, after examining the diary, can also cross-examine the witness on its contents”, continued the judge.
The prosecutor pleaded in vain to have only the page referred to by the witness presented as evidence and not the whole document.
The witness code-named “GAT” to protect her identity, is a Tutsi woman who worked at the Rwandan ministry of health in 1994.
She alleged that one of the accused, the former minister of health, Casimir Bizimungu, did nothing to stop massacres of Tutsis at the Kigali Hospital Centre (CHK).
Bizimungu is jointly tried with the former minister of foreign affairs, Jerome Bicamumpaka, the former minister of commerce, Justin Mugenzi, and the former minister of public service, Prosper Mugiraneza.
All have pleaded not guilty to six counts of genocide and crimes against humanity brought against each of them.
Knows as “Government II”, the trial is taking place in Chamber Two which has two other judges besides Gunawardana: Lee Gacuiga Muthoga from Kenya and Khalid Rashid Khan from Pakistan.
KN/ER/AT/FH (GVII''0301e)
MARCH 1ST 2004
_________________________________________________
ICTR/NDINDABAHIZI
PROSECUTION PRESENTS CLOSING ARGUMENTS
Arusha, March 1st, 2004 (FH) - The prosecution in the trial of former
Rwandan minister for Finance Emmanuel Ndindabahizi presented its closing
arguments on Monday at the International Criminal Tribunal for Rwanda
(ICTR).
Ndindabahizi, 53 is charged with three counts including genocide and crimes
against humanity (extermination and murder). He allegedly perpetrated
massacres of civilians in his native prefecture of Kibuye, western Rwanda.
He is accused of allegedly organizing, inciting and supervising massacres,
including making public calls for the killing of Tutsis in general and
certain individuals in particular.
The prosecutor Charles Adeogun-Phillips (Nigeria) told the chamber that the
accused is individually responsible for the attacks directed on Tutsi
civilians in Kibuye prefecture between May and April 1994.
He added that Ndindabahizi possessed the requisite intent to commit genocide
in 1994. “All the elements exist to prove crimes against humanity at Gitwa
Hill in Gacharu cellule committed by Ndindabahizi,” Adeogun-Phillips said.
The prosecutor further submitted that the attacks of Tutsi civilians in
several parts of Kibuye were carried out in a systematic manner and that the
accused had knowledge that his conduct formed part of those systematic and
wide attacks.
“The characterization of the accused’s conduct is that of instigation,
abetting and aiding,” said Adeogun-Philips, then revisiting evidence of
some prosecution witnesses in a bid to show that the accused had instigated
attacks in various places.
Among the places allegedly visited by Ndindabahizi during the genocide,
roadblocks at Faye, Gaseke, and Gacharu all in Kibuye were mentioned.
Other crime scenes are, Gitwa Hill, Gitesi Commune and Kibilizi market. At
all the crimes scenes the prosecutor argued, Ndindabahizi’s conduct was
consistent.
He allegedly made inciting remarks, distributed machetes and at times led
attacks, for instance at Gitwa Hill, where he personally launched one by
throwing a grenade at Tutsi refugees.
The prosecutor asked the court to find Ndindabahizi guilty of genocide for
aiding and abetting those attackers manning the roadblocks.
The alleged presence of Ndindabahizi who was a cabinet minister at the crime
scenes, Adegoun-Phillips said “had an encouraging effect on the attackers”.
Another prosecutor, Wallace Kapaya, who also presented part of the closing
arguments declared that the prosecution has proved beyond a reasonable doubt
all the counts the accused is facing and the chamber has a duty to convict
him.
“Ndindabahizi is guilty on all the counts as charged,” Kapaya stated as he
finalised the arguments.
Ndindabahizi’s defence counsel, Pascal Besnier (France) will make his
closing arguments on Tuesday afternoon.
Ndindabahizi’s trial, which began on September 1st 2003, is among the
fastest in the tribunal. Evidence of fifteen prosecution witnesses and
eighteen defence witnesses was heard since the trial started, up to November
28th , 2003.
The trial is before Trial Chamber One composed of Judge Erik Mose (Norway)
presiding, assisted by judges Khalida Rachid Khan (Pakistan) and Solomy
Balungi Bossa (Uganda).
PJ/CE/FH (NB’0301e)
MARCH 1ST, 2004
_________________________________________________
ICTR/BUTARE
NTEZIRYAYO AND NDAYAMBAJE INSTIGATED KILLINGS, SAYS WITNESS
Arusha, March 1st2004 (FH) – A prosecution witness in the trial of six people accused of committing acts of genocide in Butare (southern Rwanda), told the International Criminal Tribunal for Rwanda (ICTR) on Monday that killings took place in Mugombwa parish (Butare prefecture) at the instigation of two of the accused.
FAG, the 35th prosecution witness, is a peasant who has confessed to Rwandan authorities of taking part in the 1994 massacres in Butare. He named Mugombwa parish as being one of the places he took part in attacking.
During examination in chief, FAG alleged that the killings took place at the instigation of the former prefect of Butare Alphonse Nteziryayo, and the former mayor of Muganza commune, Elie Ndayambaje.
The witness said that he had been present June 22, 1994 when Ndayambaje was reinstated by Nteziryayo. In the meeting which took place at Muganza
communal headquarters, both the prefect and the mayor called on the population to rise up and hunt remaining Tutsis.
FAG reiterated what previous witnesses had said, alleging that he saw Ndayambaje and Nteziryayo transport killers to Kabuye hill where Tutsis had taken refuge.
“Nteziryayo drove up in a pickup full of Interahamwe militia and soldiers. He was followed by another pickup driven by a dark man, whom I later learnt was prefect Nteziryayo”, alleged the witness.
During cross-examination, the witness became at one time irritated when asked by the defence to detail the crimes he had confessed to in Rwanda.
“I do not see what it has to do with this case”, he replied. “Ask me what is relevant but leave out my confessions, ” he added.
He confessed in 1998 in order to benefit from temporary release offered to those who agreed to confess and cooperate with the judicial authorities.
Ndayambaje and Nteziryayo are jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, another former prefect of Butare, Sylvain Nsabimana , and former mayor of Ngoma commune Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
Nyiramasuhuko and her son are also particularly charged with rape, making her not only the first woman to be indicted for the offence, but the only one indicted by the tribunal.
The trial was adjourned on Monday afternoon in order to allow one of its judges, Solomy Balungi Bossa from Uganda, to listen to the closing arguments in the case against the former minister of finance, Emmanuel Ndindabahizi.
Judge Bossa was the first ad litem (not permanent) judge to be sworn in by the ICTR.
The “Butare” trial is taking place in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Bossa.
KN/CE/FH (BT’’0301e)
FEBRUARY 27TH, 2004
__________________________________________________________________
ICTR/MILITARY I
TRIAL ADJOURNED TO MARCH 29
Arusha, February 27th, 2004 (FH) – The trial of four senior officers in the former Rwandan army (ex-FAR) taking place at the International Criminal Tribunal for Rwanda (ICTR, was Thursday adjourned to March 29.
The just-ended session began on January 19 and was marked by the appearance of two important witnesses; the former commander of the United Nations Assistance Mission to Rwanda (UNAMIR), General Romeo Dallaire and well as his countryman and former aide, Major Brent Beardsely.
The prosecution has already called 48 witnesses. Though the number of remaining witnesses is not yet known, they expect to wrap up the case in June. Not knowing the total number of witnesses to be called by the prosecution has always infuriated the defence.
The defence have also on numerous occasions complained of the introduction by prosecution witnesses of what they refer to as “new evidence”, which they claim is prejudicial to the rights of the accused.
The trial involves the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, who is regarded by the prosecution as the “mastermind of the genocide” that cost the lives of an estimated one million people.
Bagosora is jointly accused with the former chief of military operations in the former Rwandan army (ex-FAR), Brigadier General Gratien Kabiligi, the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, former commander of the Kanombe Para-commando battalion based in Kigali.
The accused are mainly charged with Conspiracy to commit Genocide, War Crimes and Crimes Against Humanity. All have pleaded not guilty.
This so-called “Military I” started April 2, 2002 and it is considered as one of the most important ever brought before the ICTR.
It is trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
KN/GA/AT/CE/FH (ML’’0227a)
FEBRUARY 26th , 2004
__________________________________________________________________
ICTR/MILITARY I
DEFENCE COUNSEL REQUESTS WITNESS TESTIMONY TO BE EXCLUDED
Arusha, February 26th , 2004 (FH) - The lead defence counsel for the former commander of the Kanombe Para-military battalion, Major Aloys Ntabakuze, on Wednesday requested the International Criminal tribunal for Rwanda (ICTR) to exclude the evidence of a prosecution witness who had provided new information for the second time in the Military I trial.
The witness code-named DBQ to conceal his identity testified before the tribunal on the 26th, 29th and 30th of September 2003, when he gave new information. The chamber decided that he be called back to testify after the defence was given time to investigate on the new information provided.
Last week the co-counsel for Ntabakuze, Andre Tremblay (Canada) requested the chamber to delay further the testimony of DBQ to allow the defence more time for investigations. The prosecutor Barbara Mulvaney (USA) said that the witness was already on his way to Arusha meaning that he would testify before the defence teams could complete their investigations.
When the witness took the stand on Wednesday, defence counsels hesitated as to whether they would cross-examine him or not . In the afternoon, they agreed that they would cross-examine DBQ. Then, the prosecutor revealed that the witness would give new information again, on rape allegations concerning Ntabakuze.
This new information was given in a statement taken by one of the prosecutors on 4th September 2003, three weeks before DBQ last testified.
However, the information was not revealed to the court when the witness testified last.
Professor Erlinder requested the chamber to exclude the information which alleged that Ntabakuze was involved in rape. “I would appreciate if the evidence be excluded because the prosecutor interviewed the witness but failed to disclose the information in time to the court,” he said.
In most countries, once a case is in progress at court, new statements cannot be introduced and the initial statements cannot be amended. At the tribunal however, new statements can be introduced and produced when the prosecutor finds new information helpful to the trial even if it is going on.
“We (defence counsels) are happy that the prosecutor has not hidden this information from us but late disclosures mean we should be given more time to carry out investigations”.
Ntabakuze’s counsel added that he was having problems conducting the investigations.
The chamber indicated that they may give its decision on the defence’s request on Thursday.
DBQ was cross-examined by the lead defense counsel for Kabiligi, Mr. Jean Yeovi Degli (Togo) regarding the presence of the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi in a massacre site. ”I put it to you witness that General Kabiligi was never there and you never saw him and that those massacres you said occurred never existed,” Degli told the witness.
“What is your basis for saying that? I told you I have come here to testify, to tell the court what I saw,” DBQ answered.
Ntabakuze and Kabiligi are jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, ,and the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva. They are mostly charged with Conspiracy to Commit Genocide, War Crimes and Crimes against Humanity. All have pleaded not guilty.
The Military I trial is before trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway. Who is assisted by Judge Serguei Aleckseievich Egorov of Russia as well as Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0225e)
FEBRUARY 27TH, 2004
_________________________________________________
ICTR/BUTARE
WITNESS ACCUSES INVESTIGATORS OF TAKING DOWN WRONG RECORDS
Arusha, February 27th, 2004 (FH) - The 34th prosecution witness in the so called “Butare trial” which groups six genocide suspects at the
International Criminal Tribunal for Rwanda (ICTR) alleged that investigators who interviewed him in 1995 did not record his written statements correctly.
The witness code-named EV to conceal his identity made the allegation during cross examination by Pierre Boulé, counsel for former mayor of Muganza commune, Elie Ndayambaje who is one of the accused in this trial.
Boulé told the witness while pointing out three different written statements that nowhere in those statements did he say he saw Ndayambaje armed and shooting at refugees at Kabuye hill, as he said during his oral testimony.
“ I think it was the investigators error because I told them so,” EV replied.
He elaborated that they might have done that for their own good and said that sometimes judicial police in Rwanda could be corrupted and change issues .Two of the statements were recorded by Rwandan judicial police and the other one by ICTR investigators.
Counsel Boulé was still pointing out other contradictions between written and oral statements made by witness EV when the chamber went in closed session and did not come back in open session until the witness had concluded his testimony.
The trial continues next Monday with another prosecution witness whose name was not revealed in open session.
Other accused in this trial include former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia leader, Arsene Shalom
Ntahobali, two former prefects of Butare Sylvain Nsabimana and Alphonse Nteziryayo and former Mayor of Ngoma commune Joseph Kanyabashi.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0227e)
FEBRUARY 26TH, 2004
_________________________________________________
ICTR/BUTARE
TUTSIS WERE FORCED TO STAY AT KABUYE HILL
Arusha, February 26th, 2004 (FH) - The 34th prosecution witness in the so-called “Butare trial” told the International Criminal Tribunal for Rwanda (ICTR) on Thursday that soldiers, communal authorities, policemen and members of the population chased and killed fleeing Tutsi refugees in a bid to force them back to Kabuye hill massacre site.
The witness dubbed EV to conceal his identity was being cross examined by Pierre Boulé, counsel for Elie Ndayambaje, former mayor of Muganza commune and one of the six accused in this trial.
EV told the court that the refugees including his family, were fleeing to Gisagara from their homes following the attacks but were intercepted by attackers at a bridge called Ngeri where they were forced back to Kabuye hill.
He said that in the process some refugees, especially the old ones, were mercilessly killed as they could not run fast. He said they left their homes between 18th and 19th April, 1994 and stayed at Kabuye hill where the attackers continued killing them for five days.
During that time, Ndayambaje allegedly moved from one place to another carrying a shotgun, leading the population, soldiers and communal police to kill the refugees who had sought refugee there.
“He was like a referee, he did not stay at one position,” the witness said in response to Boulé’s question on whether the witness had seen Ndayambaje everyday during the five days he stayed at Kabuye hill.
Boulé then asked for a closed session to continue his cross examination.
Other accused in this trial include former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia leader, Arsene Shalom Ntahobali, two former prefects of Butare Sylvain Nsabimana and Alphonse Nteziryayo and former Mayor of Ngoma commune Joseph Kanyabashi.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0226e)
FEBRUARY 26TH, 2004
_________________________________________________
ICTR/BUTARE
NDAYAMBAJE SHOT AT REFUGEES, SAYS WITNESS
Arusha, February 26th, 2004 (FH) – An eye witness to the 1994 genocide told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that one of the six accused in the so called ‘Butare trial’, Elie Ndayambaje, former Mayor of Muganza commune, shot at Tutsi refugees during the massacres.
The 34th prosecution witness code-named EV to conceal his identity alleged that the event took place at Kabuye hill where Tutsis had sought refuge.
He said that Ndayambaje, in the company of Interahamwe militia, communal police, soldiers and Hutus from the area, surrounded the refugees and attacked them with grenades, guns and traditional weapons.
Asked by ICTR prosecuting counsel Jonathan Moses if he saw Ndayambaje doing anything at the site, the witness said “ I saw him shooting with his weapon”. He did not specify the type of weapon used.
Though EV could not estimate the number of refugees he met at Kabuye when he arrived, he said they were many from five different communes which included Kibayi,Muganza,Ndora, Runyinya and Nyaruguru.
No specific dates and time when the events took place were given in open session. The trial alternated frequently between open and closed sessions. It was adjourned while still behind closed doors.
Ndayambaje is jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare,Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Colonel Alphonse Nteziryayo, and former mayor of Ngoma commune Joseph Kanyabashi.
The trial is expected to continue on Thursday in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0226e)
FEBRUARY 27th, 2004
_________________________________________________
ICTR/NDINDABAHIZI
CLOSING ARGUMENTS IN FORMER MINISTER’S TRIAL SET FOR MONDAY
Arusha, February 27th, 2004 (FH) – The International Criminal Tribunal for Rwanda (ICTR), will on Monday listen to the closing arguments in the trial
of the former minister of finance in the Rwandan interim government in place during the genocide.
Emmanuel Ndindabahizi, 54, is charged with three counts of genocide and crimes against humanity for the massacres of Tutsis in 1994 in his home town of Kibuye (western Rwanda). He pleads not guilty.
The prosecution alleges that in June 1994, Ndindabahizi orchestrated a “campaign of extermination of the civilian Tutsi population” of Kibuye.
According to the indictment, the former minister drove around the communes of Gitesi, Gishyita and Mabanza, publicly inciting the Hutu population to kill their Tutsi neighbours.
It is also claimed that he distributed weapons and led attacks in certain massacre sites.
Ndindabahizi’s trial started on September 1, 2003 and auditioned 15 and 18 witnesses for the prosecution and the defence respectively. The trial is one of the fastest conducted by the ICTR.
The accused appeared in person as the last witness. For one whole week, he reiterated his innocence, arguing that he in fact called for the violence to cease and that he even arrested some killers.
Bernard Lugan, a French historian and a specialist on Rwanda, said that Ndindabahizi accepted the ministerial post in order to save his life. “It
was a matter of life and death”, said the historian in defence of the minister.
The accused is defended by two French lawyers, Pascal Besnier and Guillaume Marçais.
The prosecution is led by Charles Adeogun-Phillips
The trial is taking place in trial Chamber one of the ICTR composed of Erik Møse , from Norway (presiding), Khalida Rashid Khan from Pakistan and Solomy Balungi Bossa of Uganda..
KN/CE/ER/AT/FH (NB''0227e)
FEBRUARY 27TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
BIZIMUNGU DID NOT DISMISS ANY TUTSI STAFF FROM THE MINISTRY
Arusha, February 27th, 2004(FH) - A prosecution witness in the so-called Government Two trial on Friday told the International Criminal Tribunal for
Rwanda (ICTR) that the former Minister of health and genocide suspect Casimir Bizimungu never dismissed any Tutsi staff during his tenure as minister in charge of health.
GAT, who was being cross-examined by Bizimungu’s lead counsel Michelyne Chénard-St-Laurent (Canada), said the minister did not support dismissal of Tutsis in his ministry when he was minister between 1992 and 1994.
GAT is the seventeenth prosecution witness in the trial involving Bizimungu, the former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service. They each face six counts of genocide and crime against humanity.
GAT testified mainly against Bizimungu in her chief examination which lasted two days.
The witness, who had been a secretary at the ministry of health from 1986 to 1994, explained that assessment tests were done in the ministry and some employees who did not pass them were dismissed.
“I cannot tell a lie against him (Bizimungu). He did not support the idea that those Tutsis who did pass the test be dismissed,” GAT said.
The witness added that majority of the employees in the ministry of health were from the Hutu ethnic group but she could not give an exact number.
GAT also said that staff from the ministry were required to attend meetings where they were sensitized about the objectives of MRND party. Some of those who did not attend the meetings were detained in prison for long, she said.
Asked by the counsel if she was aware that the minister had appointed Tutsis to several key positions in the ministry of health, GAT answered that she was not aware of any appointments of Tutsis.
The cross-examination of GAT by St-Laurent continues on Monday.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0227e)
FEBRUARY 26TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
BIZIMUNGU DID NOT STOP KILLINGS IN HOSPITAL, WITNESS CLAIMS
Arusha, February 26th, 2004(FH) -The seventeenth prosecution witness in the trial of four former Rwandan Ministers on Thursday told the International
Criminal Tribunal for Rwanda (ICTR) that the former minister for health, Casimir Bizimungu, failed to stop killings of Tutsis at the Kigali Central Hospital in 1994.
Bizimungu is jointly accused in the so-called Government II trial with the former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce,
Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service. They each face six counts of genocide and crime against humanity.
The witness code-named GAT, informed the court that Bizimungu knew about the massacres in the hospital but did nothing to stop them.
“The Interahamwe and the Presidential Guards were killing people at the hospital, the minister went there but did nothing” GAT explained, adding that he knew that more than 3000 patients were killed at Kigali Central Hospital.
“Minister Bizimungu did not do anything to stop this, even in other hospitals throughout Rwanda” the witness also stated.
The witness, who is testifying for the second day, indicated that some Tutsis were were thrown inside pit latrines when they were still alive, at the same hospital.
GAT, a former secretary in the Ministry of Health, said she heard Bizimungu on the radio calling on employees from his ministry in charge of cleanliness
and sanitation to report to work. Bizimungu stated that the employees were required to remove the “dirt” which had littered the town. According to the witness the dirt meant bodies. The minister made the announcement between April 6th and 10th 1994.
After the witness completed her evidence in chief, she informed the court that she was unable to continue testifying because she was unwell.
She will be cross-examined by the defence on Friday morning.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0226e)
FEBRUARY 26th, 2004
_________________________________________________
ICTR/OTP
ICTR CONFIRMS ARREST OF RWANDAN ARMY OFFICER IN AMSTERDAM
Arusha, February 26th, 2004 (FH) – The Office of the Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), on Thursday confirmed of the arrest in Amsterdam (Netherlands) of a former Rwandan military officer, Lieutenant Ephrem Setako.
“We are in the process of finalising his indictment”, the chief of prosecution’s office, Melanie Werret informed Hirondelle News Agency. “It is supposed to be confirmed by a judge today”.
Setako was arrested on Wednesday at a centre for asylum seekers in the Netherlands.
“He will be transferred as soon as possible to the ICTR which has its headquarters in Arusha, Tanzania”, announced Amsterdam judicial authorities.
Lt. Col Setako, 54, comes from Nkuli district in Ruhengeli province (northern Rwanda).
The suspect is one of the shareholders of the radio station that incited the genocide against Tutsis in 1994, Radio-télévision libre des mille collines (RTLM).
His name appears on the list of principle genocide suspects wanted by the Rwandan judicial authorities.
His arrest coincides with the conviction on the very same day by the tribunal, of another army officer, the former commander of Karambo military barracks in Cyangugu (south western Rwanda) Lieutenant Samuel Imanishimwe.
Sentenced to 27 years in prison, the officer had been co-accused with a former minister and a prefect both of whom were acquitted. They were released on Thursday morning.
KN/ER/AT/CE/FH (OTP''0226e)
FEBRUARY 26th, 2004
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ICTR/CYANGUGU
ACQUITTAL OF FORMER GOVERNMENT OFFICIALS RAISES MIXED REACTIONS
Arusha, February 26th, 2004 (FH) - The acquittal Wednesday of two former Rwandan government officials by International Criminal Tribunal for Rwanda (ICTR), raised mixed reactions from different stake holders.
The two, former minister of transport and communications, André Ntagerura , and the former Prefect of Cyangugu (south western Rwanda), Emmanuel Bagambiki, were acquitted on all charges by the court which ordered their immediate release.
Their other co-accused, the former commander of Karambo military barracks in Cyangugu, Lieutenant Samuel Imanishimwe, was not so lucky. He was found guilty of genocide, crimes against humanity and war crimes and sentenced to 27 years in jail.
His lead counsel, Marie-Louise Mbida from Cameroon was, for understandable reasons, not satisfied with the outcome.
"I am disappointed by the sentencing of my client", she said, adding that she was immediately going to file for an appeal. But she was consoled that Imanishimwe was not convicted for his personal responsibility.
It had been alleged that soldiers under his command, and with his full knowledge, had carried out wide spread massacres in Cyangugu.
"I think the judges concluded that the soldiers came from Cyangugu, but it was not proven that they came from Cyangugu barracks which was under my client's responsibility", announced a partly relieved Mbida.
It did not take long for the prosecution to show its displeasure at the verdict. Richard Karegyesa, the lead trial attorney in this case, made it be known to the court that they would be appealing the decision.
The chief prosecutor of the ICTR Hassan Boubacar Jallow, was sitting next to Karegyesa when the verdict was read out and confirmed the prosecution's next phase.
"We intend to appeal and we shall be filing our papers in the Appeals Chamber shortly", he announced to Hirondelle News Agency.
Obviously Bagambiki and Ntagerura's defence teams were elated as much as their clients.
"I have received the verdict with great joy", announced Bagambiki, a short while after the court rendered its verdict. "I have been waiting for six years for this, and throughout the period I was detained, I was collecting evidence to prove my innocence", he said.
His counsel, Vincent Lurquin from Belgium was even more effusive, heaping praises on the tribunal with he said had demonstrated that it could come to "courageous" and "totally independent decisions based upon laboriously reviewing the evidence".
He dismissed any intention to file for damages for the time his client has spent behind bars.
"What is important is that he is innocent", stated Lurquin, who was relieved that Bagambiki was not convicted for being a prefect during the genocide.
"We had feared that he would be judged for the position he held and not for his personal responsibility, which was not the case this time", ended the Belgian lawyer.
The head of Ntagerura's defence team Benoit Henry from Canada was optimistic that any disapproval of the Rwandan government could be contained in the long run.
"Ntagerura was of course a minister in the interim government, but it is hard to speculate on what the reaction will be", he said. "It is my hope that with time, with a careful analysis of the evidence they will come to accept the verdict".
But Kigali was quick to react and condemn what the former representative to the ICTR, and currently Rwanda's deputy Prosecutor General, Martin Ngoga, called "a big joke".
"We are very much disappointed", declared Ngoga, adding that it was "a very unpopular decision, especially in Cyangugu, and is not without consequences in terms of public confidence in the tribunal".
The spokesperson of the ICTR, Roland Amoussouga came to the rescue of the judges' decision.
"This is an independent and impartial tribunal which has to follow the process of assessing evidence and rendering a decision", he said.
He continued that the onus was on the prosecutor to prove the alleged crimes "beyond reasonable doubt".
"In this case the prosecutor has failed to prove his case beyond reasonable doubt. The judges found the evidence unconvincing", declared Amoussouga.
He continued that the fact the judges disagreed and dissented "showed that they take the trials very seriously".
The presiding Judge of Trial Chamber Three Judge Lloyd George Williams of St. Kitts and Nevis was the only dissenting judge who believed in Bagambiki's guilt.
The other two judges sitting on the bench were Yakov of Russia and Pavel Dolenc of Slovenia.
This is the last trial the two judges will conduct at the ICTR. Judge Ostrovsky is going into retirement, while Dolenc's mandate was not renewed.
KN/AT/FH (CY''0226E)
FEBRUARY 26th 2004
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ICTR/ CYANGUGU
BAGAMBIKI AND NTAGERURA RELEASED
Arusha, February 26th, 2004 (FH) – Two former Rwandan senior government officials acquitted of genocide on Wednesday by the International Criminal Tribunal for Rwanda (ICTR) were on Thursday released conditionally.
The court had on Wednesday ordered the immediate release of former Minister of Transport and Communications Andre Ntagerura and the former Prefect of
Cyangugu, Emmanuel Bagambiki but the prosecution asked the court to vacate the order pending their appeal.
On Thursday morning, the chamber rendered a decision imposing four conditions to be met by the two former accused.
They have to provide the address of residence to the tribunal, report every first Monday of the month to the nearest police station, not to travel out
of their country of residence without authorisation from the ICTR and have their travel documents retained by police.
These conditions will hold until the Appeals Chamber rules on the prosecution’s appeal.
The court informed the duo that failure to meet the above conditions would result into being put in protective detention by the tribunal.
PJ/CE/FH (CY’0226e)
FEBRUARY 25th, 2004
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ICTR/CYANGUGU
PROSECUTION TO APPEAL AGAINST ACQUITAL IN CYANGUGU TRIAL
Arusha, February 25th, 2004 (FH) - The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR), Wednesday announced that he would be appealing the acquittal of two former Rwandan government officials.
The two officials had been accused of genocide against Tutsis in 1994.
The lead prosecutor in this trial, Richard Karegyesa from Uganda, said that the prosecution was going to appeal the verdict.
The former minister of Transport and Communication, André Ntagerura, 54, and Emmanuel Bagambiki, former Prefect of Cyangugu (south western Rwanda), 56, were acquitted on all charges brought against them.
The third person in this joint trial, former commander of Karambo military barracks in Cyangugu, Lieutenant Samuel Imanishimwe, 43, was sentenced to 27 years in prison for genocide and crimes against humanity.
Ntagerura had been charged with six counts while Bagambiki had six. The charges included genocide, conspiracy to commit genocide and crimes against humanity.
The tribunal found that "the prosecution did not prove beyond reasonable doubt" that the two former senior officials committed the crimes brought against them.
The prosecution had alleged that Ntagerura, who hailed from Cyangugu, had visited Cyangugu on numerous occasions during the genocide to supervise the massacres.
It continued that being the minister of transport, he had authorised government-owned buses to transport Interahamwe to killing sites, and had also distributed weapons to civilians to use against the Tutsis.
The chamber found that even though there was evidence of "widespread attacks against the Tutsi civilian population of Cyangugu on ethnic grounds", the prosecution failed to show that the killers were acting under Bagambiki's instructions.
"This is extremely rewarding", commented an elated Benoit Henry from Canada, Ntagerura's lead counsel. "It lends credibility to the international judicial process".
Emmanuel Bagambiki was arrested in Togo on June 8, 1998 while André Ntagerura was arrested in Cameroon on March 27, 1996.
Bagambiki's defence team was made up of Vincent Lurquin from Belgium and Seydou Doumbia of the Malian Bar.
The trial was conducted in Trial Chamber Three of the ICTR composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia, and Pavel Dolenc of Slovenia.
Judge Williams was the only one who gave a dissenting view as regards Bagambiki. It was his view that the former prefect had a case to answer on genocide and crimes against humanity.
KN/AT/FH(CY"0225f)
FEBRUARY 25th, 2004
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ICTR/CYANGUGU
TWO GENOCIDE SUSPECTS ACQUITTED IN THE CYANGUGU TRIAL
Arusha, February 24th, 2004 (FH) - The International Criminal Tribunal For Rwanda (ICTR), on Wednesday acquitted two former Rwandan senior government officials accused of genocide but convicted their co-accused of genocide and sentenced him to 27 years imprisonment.
The former minister of Transport and communications, André Ntagerura, 54, and the former Prefect of Cyangugu, Emmanuel Bagambiki, 55 were set free by the court which ruled that the prosecution had failed to prove a case against the two beyond a reasonable doubt.
The chamber however ruled that the former commander of Karambo military barracks in Cyangugu, 43- year old Lieutenant Samuel Imanishimwe did play a role in the 1994 genocide and was declared guilty of six counts, including genocide, extermination, murder.
The chamber found that Imanishimwe was criminally responsible for the killings of Tutsi civilians at Gashirabwoba football Stadium in Cyangugu Prefecture in 1994. He failed to prevent the killings by his soldiers, the court ruled.
Imanishimwe was also found guilty of ordering, abetting and aiding torture of detainees at Karambo military barracks who were suspected to have ties with the Rwandese Patriotic Front (RPF).
The massacres were committed in diverse places in Cyangugu such as churches in Nyamasheke and Mibilizi, the Cyangugu Cathedral and the Gashirabwoba football stadium.
Imanishimwe is the first Rwandan military officer to be convicted by the ICTR.
The acquittal of Ntagerura and Bagambiki brings to three the total number of genocide suspects who have been acquitted by the tribunal since it was established. Former mayor of Mabanza commune, Ignace Bagilishema, was acquitted by the tribunal on June 7th, 2001.
André Ntagerura was arrested in Cameroon on March 27, 1996. He was minister in Rwanda from 1981 to 1994.
Emmanuel Bagambiki was arrested in Togo on June 8, 1998. He served as sub-prefect for Gisenyi and prefect for Gitarama, Kigali Rural and Cyangugu respectively.
Samuel Imanishimwe was arrested in Kenya on August 11, 1997. The verdict brings to 21 the total number of accused judged so far by the tribunal.
CE/PJ/FH (CY’0225e)
FEBRUARY 25th, 2004
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ICTR/CYANGUGU
THE LONGEST TRIAL IN THE HISTORY OF THE ICTR
Arusha, February 25th, 2004 (FH) The so-called “Cyangugu trial”, for which a verdict will be rendered on Wednesday by the International Criminal Tribunal for Rwanda (ICTR), is one of the joint trials grouped according to geographic locations. This was a strategy adopted in the early days by the tribunal.
The trial which began on September 18, 2000, groups together three former officials accused of genocide and crimes against humanity committed in Cyangugu (south-western Rwanda) in 1994.
The accused in the trial are the former minister of Transport and communications, André Ntagerura, 54, the former Prefect of Cyangugu, Emmanuel Bagambiki, 55 and the former commander of Karambo military barracks in Cyangugu, 43- year old Lieutenant Samuel Imanishimwe. All have pleaded not guilty.
The trial has been under deliberation since August 15, 2003. In 160 trial days, over 126 witnesses for both the prosecution and the defence were called, setting a record for the highest number of witnesses.
It took 35 months of arguments to see it through, making it the longest trial so far conducted by the ICTR.
During the trial, the prosecution tried to prove that there was a regional-based conspiracy, but the defence tested its first victory when the tribunal acquitted Imanishimwe of the charge. This pushed the other accused to also file a motion seeking an acquittal on conspiracy charges but the tribunal preferred to reserve its ruling for the judgment.
The Cyangugu trial also made history by the nature of some of the allegations. Apart from the now usual charges of massacres and torture, charges of cannibalism were brought up. A prosecution witnesses alleged that on April 14, Imanishimwe, in the company of Interahamwe militia, had eaten human flesh.
The Cyangugu trial was conducted in the former Trial Chamber Three presided over by Judge George Llyod Williams of St. Kitts and Nevis, assisted by Judge Pavel Dolenc of Slovenia, and Judge Yakov Ostrovsky form Russia.
Both Ostrovsky and Dolenc will no longer sit in the ICTR after Wednesday’s judgment. Dolenc was not re-elected while Ostrovsky is going into retirement.
The other geographically-based trial is that known as the Butare (southern Rwanda) trial which groups together six people. Though it began in 2001, it is still hearing prosecution evidence.
The prosecution had first toyed with the idea of a trial of that nature when it tried to group eight people from Kibuye (western Rwanda). It finally
abandoned the idea and settled to a more modest trial when it failed to arrest the majority of the suspects in time.
Created on November 8 1994 by the United Nations, the ICTR is mandated to try person’s accused of genocide and other violations of international humanitarian law committed on the territory of Rwanda or neighbouring states between January 1 and 31, 1994.
KN/GA/AT/CE/FH (CY’’0225ee)
FEBRUARY 25TH, 2004
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ICTR/MILITARY I
KABILIGI ALLEGEDLY SOUGHT REINFORCEMENTS FROM INTERAHAMWE
Arusha, February 25th, 2004(FH) – A prosecution witness on Tuesday alleged before the International Criminal Tribunal for Rwanda (ICTR), that the former chief of military operations in the former Rwandan army (ex-FAR), Brigadier General Gratien Kabiligi, had sent numerous telegrams seeking reinforcements from Interahamwe militia during the 1994 genocide.
The witness code-named “HN” to conceal his identity, is the 48th prosecution witness to testify in the so-called “Military I” trial where Kabiligi is jointly tried with three other former senior officers of the ex-FAR.
The witness quoted a telegram sent at the “end of April” 1994 to the operations commander of Gitarama, instructing him to recruit 150 Interahamwe for military training.
Another one sent “end of May” requested that the Interahamwe be deployed around Kigali.
HN continued that another telegram of “around the end of June” called for Interahamwe to reinforce the army at Mburabuturo in Kigali.
Kabiligi’s Franco-Togolese counsel, Jean Degli, challenged the witness’s statement, asserting that the Gitarama operations command did not exist at that time. He added that his client did not have the powers to recruit and arm army personnel.
Specifically pointing out the alleged telegram sent at the end of June, the lawyer argued that soldiers at that time were in the process of leaving Rwandan territory.
“Those messages never existed, they have simply been made up”, Degli declared.
Answering a question from one of the judges, HN admitted that he never saw Kabiligi write or sign any of the telegrams and that he did not know his handwriting.
Kabiligi is jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Aloy Ntabakuze, former commander of the Kanombe Para-commando battalion based in Kigali. The accused are mainly charged with Conspiracy to commit Genocide, War Crimes and Crimes Against Humanity. All have pleaded not guilty.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
KN/GA/AT/CEFH (ML''0225e)
FEBRUARY 25TH 2004
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ICTR/ GOVERNMENT II
BIZIMUNGU ASKED FOR FUNDS FROM CIVIL SERVANTS TO BUY ARMS
Arusha, February 25th, 2004(FH)- A prosecution witness in the Government II trial on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that former Health Minister and genocide suspect Casimir Bizimungu asked employees in his Ministry of Health to contribute money for buying fire arms.
Bizimungu is in a joint trial with the former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service. They each face six counts of genocide and crime against humanity.
The seventeeth prosecution witness identified as GAT to keep her identity secret testified that Bizimungu told the employees the money was to help boost the morale of the Rwandese national army.
“The minister asked us to make a contribution to help the army fight the enemy,” she said, adding that “during a meeting the minister suggested that contributions be made to help the army buy arms”.
She explained that the enemy which the minister referred to was the RPF.
The witness who was then a secretary at the Ministry of Health could not remember the date and the year the meeting took place. She only recalled that the meeting, attended mainly by employees in the Ministry of Health, took place at Nyamirambo Cultural Centre.
“We knew the money would be used to buy arms to kill the Tutsi civilians,” GAT said. She went on that she was initially reluctant to contribute and she was informed that she would be categorized as an accomplice of RPF if she refused.
The witness said she eventually paid 200 Rwandan Francs because she was intimidated by drivers of the ministry who were Interahamwe and had been assigned to collect the money.
GAT said she heard that civil servants in other ministries had also been asked to contribute financially to the army.
Apart from making contributions to the national army, GAT stated that the civil servants in the ministry of Health were also required to contribute money to the MRND, the then ruling party. The amount deduced from each worker was equivalent of two days of work, once a year.
The chief examination of GAT continues on Thursday.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0225e)
FEBRUARY 25TH, 2004
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ICTR/BUTARE
MY HUSBAND WAS KILLED AFTER NDAYAMBAJE’S SPEECH, SAYS WITNESS
Arusha, February 25th, 2004 (FH) – The 33rd prosecution witness in the so-called “Butare trial” told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that her husband was killed along with other Tutsis after a meeting addressed by one of the accused in this trial, Elie Ndayambaje, former mayor of Muganza commune.
“You understood what I told you…your enemies are Tutsis, you should identify them,” the witness, code-named QAL, recalled some of the sentences allegedly spoken by Ndayambaje at Lemera meeting, which was also attended by former prefect of Butare, Colonel Alphonse Nteziryayo, another accused in this trial which groups six people.
Led by ICTR prosecuting counsel Jonathan Moses she said that shortly after, Nteziryayo took over the floor and told the people to carry out the instructions previously given by Ndayambaje.
According to the witness, the prefect who spoke for about 30 minutes, asked the population present at the meeting to raise up the weapons in their possessions - spears, machetes and clubs - to hunt and kill Tutsis.
However, the witness insisted that it was due to Ndayambaje’s speech that her husband and ther Tutsis were killed.
She recounted first how her five-year old daughter was snatched away from her right after the meeting by the assailants (the people attending the meeting) and how her brother managed to get her back after giving the attackers 50,000 Rwandan Francs. She went on saying that her husband, however, was killed the following day along with other Tutsis.
QAL had earlier testified that one day at 2 in the afternoon (without specifying the date) when she went to the market in Muganza sector she saw Ndayambaje in a white Toyota vehicle full of guns and grenades driving slowly towards Kabuye hill.
She said another vehicle, a green Toyota driven by a black man in military gear followed that of Ndayambaje. She discovered later that the driver of the green Toyota was the prefect of Butare, Colonel Nteziryayo.
Asked if she knew why they were going to Kabuye, the witness responded that “ Tutsis took refuge there and they were the ones they wanted to kill.”
Ndayambaje and Nteziryayo are jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare,Arsene Shalom Ntahobali, another former prefect of Butare, Sylvain Nsabimana , and former mayor of Ngoma commune Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
About 20 minutes after the beginning of the cross examination the chamber went into closed session. When it came back in open session the cross
examination had been concluded and the 34th prosecution witness dubbed EV had been called.
The trial is expected to continue on Thursday in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0225e)
FEBRUARY 24TH, 2004
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ICTR/BUTARE
BUTARE TRIAL CONTINUES IN CLOSED SESSION
Arusha, February 24th, 2003 (FH) – The so-called “Butare trial” which groups together six genocide suspects continued on Tuesday at the International Criminal Tribunal for Rwanda (ICTR) almost entirely behind closed doors.
During the brief open session, which lasted no more than 10 minutes, an active genocide participant and prosecution witness told the trial chamber that the former mayor of Muganza commune Elie Ndayambaje, one of the accused in this case, opened the communal jail doors and let the inmates out a few days after the death of President Juvenal Habyarimana.
The witness dubbed QBZ was responding to the questions during cross examination by the counsel for the accused, Pierre Boulé from Canada.
The self-confessed killer said that the former mayor later on separated the detainees into Tutsis and Hutus. Following the separation, he said the Tutsis were sent back to jail and later killed by Hutus under the orders of Ndayambaje.
Soon after that the chamber went in closed session and did not come back in open session for the rest of the day.
Ndayambaje is jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare,Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Colonel Alphonse Nteziryayo, and former mayors of Ngoma commune Joseph Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is expected to continue on Wednesday in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda..
NI/CE/FH (BT’’0224e)
FEBRUARY 24th, 2004
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ICTR/CYANGUGU
ZOOM : MAJOR MASSACRES SITES OF CYANGUGU
Arusha, February 24th, 2004 (FH) - The first estimates were categorical: one hundred thousand dead in a hundred day, in other words, one thousand victims
a day! Even though the July 2000 census reduced the figure by half, it could not remove the fetid smell that engulfed the hills of this South-western town of Rwanda.
Just as in other parts of Rwanda, the genocide in Cyangugu was systematic. Numerous sites were the venues of horrible massacres
Some of those sites were mentioned during the trial of the so-called Cyangugu group at the International Criminal Tribunal for Rwanda (ICTR) while others were mentioned in reports by human rights organisation.
The tribunal is due to deliver its verdict in the Cyangugu trial on Wednesday.
Parishes Churches in Cyangugu just like in any other part of Rwanda, traditionally considered as safe havens, became the sanctuary of thousands of refugees. Cyangugu cathedral was already home to hundreds of refugees well before April 6, 1994.
The refugees, fearing reprisals, had fled their homes following the death of Martin Bucyana, president of a radical anti-Tutsi party, the CDR.
According to a joint publication by Human Rights Watch and the International Federation for Human Rights (FIDH), “Leave none to tell the story”, tensions in the region started with the October 1993 Coup d’Etat in neighbouring Burundi. About twenty Tutsis were killed at the time.
The document asserts that by March 1994, soldiers and militia in Cyangugu and other areas were prepared to start killings.
The Cyangugu public prosecutor estimates that between ten and fifteen thousand people were killed at Mibilizi parish in April 1994. Currently
situated in Gashonga district, Mibilizi is one of the oldest parishes in Rwanda.
It was established at the beginning of the 20th century, immediately after Save (Butare in the south), Zaza (Kibungo in the east) and Rwaza (Ruhengeri in the north). Massacres at Mibilizi began around April 8 and continued for about ten days. According to witnesses interviewed by African Rights, most of the refugees came from the communes of Nyakabuye, Cyimbogo and Gishoma.
Nyamasheke parish in commune Kagano, was attacked between April 15 and 17 and an estimated ten thousand lost their lives.
Provincial authorities replaced gendarmes who had protected the refugees with some elements in favour of the massacres.
Another religious site attacked was Shangi parish in Impara district. The bloodiest attack took place at the end of May and Cyangugu judicial authorities estimate the dead to be between five and ten thousand.
Also situated in Impara district is the parish of Nkaka which was attacked on April 18. “Whatever direction one looked, one could see killers”, recollected a witness interviewed by African Rights. Between five and six thousand died.
Hanika parish mostly sheltered refugees from Gatare and neighbouring Kirambo commune but others came from Rwamatamu in Kibuye prefecture. The parish was a subject of quasi daily attacks between 11 and 20 April. An estimated seven thousand people had taken refuge there.
Research by African Rights also talks of hundreds of other people killed at Nyabitimbo and Mwezi churches in Karengera commune.
Stadiums and other sites
There were many refugees at Kamarampaka stadium in April 1994. Most of them had first taken refuge at Cyangugu Cathdral but were attacked on April 11. They were transferred to the stadium by provincial authorities around April 15.
The Prosecutor of the International Criminal Tribunal for Rwanda (ICTR) alleges that the refugees were not allowed to leave the stadium. He
continues that those who attempted to do so were either forced back inside or killed by gendarmes and militias who surrounded the site.
He continues that the gendarmes could also enter Kamarampaka stadium and kidnap people at any given time.
The ICTR notably charges that the accused in this trial selected Tutsis and opposition members from pre-established lists and took them to a place called Gatandara to be killed.
Massacres also took place on April 11 at Gashirabwoba stadium in Gisuma commune, where hundreds of people had sought refuge.
Other refugees were killed in administrative buildings such as district and provincial headquarters, schools and hospitals.
An island of compassion
Despite the horrors that had taken residence in Cyangugu, one place remained untouched by the insanity, Nyarushishi camp in Nyakabuye commune. The architect of this island of humanity was Lieutenant Colonel Innocent
Bavugamenshi, commandant of the local gendarmerie.
Human Rights Watch and FIDH reported that this Rwandan officer save the lives of ten thousand Tutsis and handed them over in June 1994 to the French contingent of Operation Turquoise.
The accused in the so-called “Cyangugu trial” are the former minister of Transport and communications, André Ntagerura, 54, the former Prefect of Cyangugu, Emmanuel Bagambiki, 55 and the former commander of Karambo military barracks in Cyangugu, 43- year old Lieutenant Samuel Imanishimwe.
An alleged militia leader, Yussuf Munyakazi, was also initially on the same indictment, but since he can not be tried “in Absentia” (he has not been arrested yet), he was struck off the charge sheet.
The ICTR also has in its custody the former public prosecutor of Cyangugu, Simeon Nshamihigo, though his trial has not started yet. The government of Rwanda on the other hand has established a list of 352 people considered to
be the architects of the massacres in Cyangugu province.
Thousands of others considered to be the instruments of the genocide will be brought before the Gacaca semi-traditional jurisdictions which are expected to begin working in june.
KN/AT/CE/FH(CY’’0224e)
FEBRUARY 24th 2004
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ICTR/ CYANGUGU
PORTRAITS OF A SOLDIER, AN “AMBASSADOR” AND A “FIRE EXTINGUISHER”
Arusha, February 24th, 2004, (FH)- On Wednesday 25th, the International Criminal Tribunal for Rwanda (ICTR) will pass sentence in another case where those presumed responsible for the 1994 genocide in Rwanda are in its custody.
This trial groups together three former officials in the south western town of Cyangugu where 80% of an estimated 50,000 belonging to the Tutsi ethnic group were killed between April and July 1994.
The genocide claimed an estimated one million Tutsis and Hutu members of the opposition country wide.
As in most major cases brought before the ICTR, the suspects held important positions within the Rwandan administration and the military.
EMMANUEL BAGAMBIKI, PREFET
He was born in 1948 in Cyangugu. Before he became prefect of Cyangugu, the highest civilian administrative position, Bagambiki had a meteoric rise through the ranks.
Having started out as a school teacher, Bagambiki’s rise to prominence started when he was recruited into the Rwandan intelligence service which fell directly under the president’s office.
He was then appointed as assistant governor (Sous-Prefet) in Gitarama before being sent to Kigali Rural in the same functions.
“The fire extinguisher of Bugesera”
Bagambiki had risen to the full rank of Prefet of Kigali Rural Prefecture, when, in March1992, his name became associated with crimes against humanity committed in the prefecture, especially in Bugesera region.
Though the massacres of Tutsis in Bugesera were attributed to Interahamwe militia, the local authorities were accused of colluding with the attackers.
An Italian missionary who lived in Bugesera, Antonia Locatelli, reported of the massacres on French radio. She accused the government of deliberately
organising the killings she termed as “political murders”. She was shot dead the next day.
In the hue and cry that followed, Bagambiki was quietly transferred to his hometown of Cyangugu.
Emmanuel Bagambiki has always maintained his innocence in the Bugesera killings and instead claims that people considered him as “the fire extinguisher of Bugesera” for helping bring back peace to the region.
Bagambiki is now facing seven counts of genocide and crimes against humanity for planning and implementing the genocide in Cyangugu in 1994.
The former school teacher maintains his innocence and took the witness box in his own defence, claiming that he was “powerless” to stop the massacres.
During his testimony, he made an emotional performance when he said that he regretted not being able to save everyone. “I ask for their forgiveness for my lack of power”, he said.
He was arrested in Togo on June 5, 1998 and was transferred to Arusha a month later.
ANDRE NTAGERURA, GOVERNMENT MINISTER
Born in 1950 in Karengera commune, Cyangugu prefecture, André Ntagerura was the longest serving cabinet minister among his colleagues in the 1994 interim government.
He was first appointed minister of Social Affairs and Community Development in March 1981, by the former President Juvenal Habyarimana.
After completing his studies at the University of Laval in Quebec, he became the deputy dean of economics, social and management sciences at the National University of Butare. He later became the Secretary General of the same University in 1980.
Between 1982 and 1984 he was appointed minister for Higher Education and Scientific Research after which he served as minister for transport from
1984 to 1990. From 1990 he became the minister for public works for two years and eventually moved back to the ministry of Transport and Communication from 1992 to 1994.
Ntagerura, an economist by profession, was also a member of the central committee of the ruling party, the MRND, and one of the original shareholders the “hate radio”, Radio Télévision Libre de Mille Colines (RTLM).
According to the prosecution, Ntagerura had strong political ties in Cyangugu and frequently travelled there, particularly to Karengera, to conduct MRND rallies.
The MRND had included him as Minister of Planning in the list of Ministers they were proposing for the broad-based government agreed upon in the 1993
Arusha peace negotiations between the government and the rebel Rwandese Patriotic Front (RPF).
In May 1994, Ntagerura led the Rwandan government delegation to Arusha to try and negotiate a ceasefire agreement with the RPF.
French sociology professor André Guichaoua, who testified as an expert witness for the prosecution in the Cyangugu trial, told the court on September 20, 2001 that Ntagerura, never lost political power on the ground. Guichaoua quoted another Cyangugu leader as having called Ntagerura "the Ambassador of Cyangugu in Kigali".
He said that as minister, Ntagerura was in charge of logistical means including the state-owned telephone company Rwandatel and the public transport company ONATRACOM.
Being the minister for Transport, Ntagerura is accused of having allowed or authorised the use of government vehicles, specifically buses belonging to the state-owned transport company, ONATRACOM, for the transportation of [Interahamwe] militia, as well as the transportation of arms and ammunitions to Cyangugu region during the genocide. He was arrested on March 27 1996 in Cameroon.
Guichaoua described Ntagerura and Bagambiki as very powerful and respected authorities in Cyangugu.
LIEUTENANT SAMUEL IMANISHIMWE
Lieutenant Samuel Imanishimwe, the third accused, was born in 1961. He places his place of birth as being Rwerere commune in the northern Rwanda province of Gisenyi, but the indictment reads that he was born in Masisi region in present day eastern Democratic Republic of Congo
He attended primary, secondary and college education in Congo, and later did four years of military training at the prestigious Ecole Supérieure Militaire (ESM) in Rwanda.
He was appointed commander of Cyangugu military camp in 1993 after a brief spell at the headquarters in Kigali.
After two weeks of military training in Belgium, Imanishimwe was posted to the Gako military academy (Bugesera) as an instructor. In 1990, a year after he had joined the academy, he joined the frontline of the Rwandan armed forces in its war against the Rwandan Patriotic Front.
He later joined the general staff in the department of military operations (G-3) at the army general staff. In 1993, he was appointed commander of Karambo military barracks in Cyangugu.
He is accused of organising wide-scale massacres all over Cyangugu and personally taking part in the killings.
Lieutenant Samuel Imanishimwe will be the first military officer to be sentenced for his alleged role in the 1994 genocide by the ICTR.
KN/PJ/CE/FH (GVII’0224e)
FEBRUARY 24th, 2004
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ICTR/CYANGUGU
JUDGMENT IN CYANGUGU TRIAL TO BE RENDERED WEDNESDAY
Arusha, February 24th, 2004 (FH) - The International Criminal Tribunal for Rwanda (ICTR), will on Wednesday read the judgment in the trial of three former officials from the western Rwanda town of Cyangugu for crimes allegedly committed there in 1994.
The accused in the so-called “Cyangugu trial” are the former minister of Transport and communications, André Ntagerura, 54, the former Prefect of Cyangugu, Emmanuel Bagambiki, 55 and the former commander of Karambo military barracks in Cyangugu, 43- year old Lieutenant Samuel Imanishimwe.
The prosecution maintains that the three are responsible for the death of an estimated 50,000 Tutsis in all parts of the prefecture.
The massacres were committed in diverse places in Cyangugu such as churches in Nyamasheke and Mibilizi, the Cyangugu Cathedral and the Gashirabwoba football stadium.
The indictment continues that the trio kidnapped refugees from Kamarampaka stadium, took them to a place called Gatandara where they were killed.
Ntagerura is also accused of allegedly authorising the use of government vehicles, in particular buses from the national transport company, ONATRACOM, to transport Interahamwe militia as well as arms and ammunition to Cyangugu region during the genocide.
The trial has been under deliberation since August 15, 2004. The prosecutor requested for life imprisonment for the three accused while the defence teams pleaded acquittal.
The trial began on September 18, 2000. A total of 126 witnesses - 41 being for the prosecution - were heard in 160 trial days.
The trial is taking place Trial Chamber Three of the ICTR composed of judges Lloyd George Williams of St. Kitts and Nevis (presiding), Yakov Ostrovsky of Russia, and Pavel Dolenc of Slovenia.
André Ntagerura was arrested in Cameroon on March 27, 1996. He holds a Masters degree in Business Administration form Laval University in Quebec (Canada). He was minister in Rwanda from 1981 to 1994. He had earlier taught at the National University of Rwanda (UNR).
He is defended by Benoit Henry (Canada) and Hamuli Rety wa Mudeydey (Franco-Congolese). He will be the fourth member of the interim government to be judged by the tribunal. The others are the former Prime Minister, Jean Kambanda, the former minister of information, Eliezer Niyitegeka, and the former minister of higher education, Jean de Dieu Kamuhanda.
All three were sentenced to life imprisonment.
Emmanuel Bagambiki was arrested in Togo on June 8, 1998. He served as sub-prefect for Gisenyi and prefect for Gitarama, Kigali Rural and Cyangugu respectively. His lawyers are Vincent Lurquin from Belgium and Seydou Doumbia of the Malian Bar. Bagambiki will be the second former prefect to be judged by the ICTR, following Clement Kayishema, former prefect of Kibuye. Kayishema was sentenced to life imprisonment in 1999.
43 year-old Samuel Imanishimwe was arrested in Kenya on August 11, 1997. His defence team is composed of Marie-Louise Mbida from Cameroon and professor
Jean Pierre Fofe from Democratic Republic of Congo. Imanishimwe will be the first military officer to be sentenced by the tribunal.
The ICTR has other soldiers in its custody including the former Chief of Staff of the former Rwandan army, General Augustin Bizimungu ans well as the former director of cabinet in the ministry of defence, Colonel Theoneste Bagosora, whom the prosecution refers to as the “mastermind” of the genocide.
KN/ER/AT/CE/FH (CY''0224e)
FEBRUARY 24th, 2004
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ICTR/GOVERNMENT I
FORMER GOVERNMENT MINISTERS BOXCOTT RE-INITIAL APPEARANCE
Arusha, February 24th, 2004 (FH) - Four former Rwanda government ministers on Monday boycotted their re-initial appearance at the International Criminal Tribunal for Rwanda (ICTR).
The prosecution had introduced an amended indictment for the former vice president of the ruling MRND party and minister for interior, Edouard Karemera .
The accused were represented in Court by their defence counsels before Judge Florence Rita Arrey from Cameroon.
The new indictment sets out seven similar counts for each of the accused, and they include genocide, conspiracy to commit genocide, rape, extermination and crimes against humanity.
Others accused in this trial are the former president of MRND, Mathieu Ngirumpatse, the secretary general of the party, and president of the transitional parliament, Joseph Nzirorera and Andre Rwamakuba, former minister of primary and secondary education.
All the accused pleaded not guilty.
Before the hearing begun, Nzirorera’s defence counsel, Peter Robison form the USA, informed the court that he had been instructed by his client that he would boycott the proceedings until the tribunal responded to a letter allegedly written by the accused.
The contents of the letter were not revealed.
Apart from Rwamakuba, the other accused had always appeared in court. Rwamakuba has boycotted the trial ever since it began, saying that his case file had been “manipulated by the prosecutor”.
Before the prosecutor amended his indictment, he had already called eight witnesses, most of whom had incriminated Joseph Nzirorera and Andre Rwamakuba.
Nzirorera is accused of organising massacres in his hometown of Ruhengeri (northern Rwanda) while Rwamakuba is accused of massacres carried out in the town of Butare (southern Rwanda).
Recommencement of the trial has been set for March 29.
KN/CE/FH(GVII''0224e)
FEBRUARY 24TH 2004
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ICTR/ GOVERNMENT II
MISSING TRANSCRIPTS INTERRUPT PROCEEDINGS
Arusha, February 24th, 2004 (FH) - Trial Chamber Two of the International Criminal Tribunal for Rwanda (ICTR) was on Tuesday compelled to adjourn the trial of four former Rwandan Ministers to allow the defence team to get copies of transcripts before cross-examining the sixteenth prosecution witness.
Only the lead counsel for one of the accused managed to cross-examine the witness code-named DY. The lead counsel for Casimir Bizimungu, Michelyne Chénard St-Laurent, had completed her short cross-examination, when the other defence attorneys told the chamber they could not proceed without the transcripts of the witness’s chief examination.
The witness, a former government soldier, had been examined by the prosecution since Thursday last week.
The chamber adjourned the trial and directed the registry to make the transcripts available to the defence teams as soon as possible to enable them prepare their cross-examination.
The cross-examination of DY will continue on Wednesday morning.
Government Two trial groups together Casimir Bizimungu, former minister for health, Justin Mugenzi, former minister for Commerce, Prosper Mugiraneza,
former minister of civil service and Jerome Bicamumpaka, former minister of foreign affairs They have all pleaded not guilty to six counts of genocide and crimes against humanity.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0224e)
FEBRUARY 23TH, 2004
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ICTR/BUTARE
NDYAMBAJE DISTRIBUTED WEAPONS AND ORDERED MASSACRES, SAYS WITNESS
Arusha, February 23th, 2003 (FH) – A self-confessed killer and prosecution witness in the so-called ‘’Butare trial’’ told the International Criminal
Tribunal for Rwanda (ICTR) on Monday, that one of the accused in this trial, Elie Ndayambaje distributed weapons and ordered the massacres of Tutsis in April 1994.
The witness, code-named QBZ, said Ndayambaje, former Mayor of Muganza commune in Butare prefecture (Southern Rwanda), first ordered him and a group of about 20 Hutus to kill 50 Tutsis who were then detained in one of the communal jails.
“The time for the Tutsis has come,” the witness quoted Ndayambaje to have said while addressing the population in Muganza in April 1994 (no specific date was mentioned).
Asked by prosecuting counsel, Adelaide Whest, what that phrase meant the witness said ‘the time had come for the Tutsis to be killed.’
The witness alleged that Ndayambaje gave them communal guns which they use to kill the Tutsi detainees.
Ndayambaje is jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare,Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Colonel Alphonse Nteziryayo, and former mayors of Ngoma commune Kanyabashi.
All have pleaded not guilty to genocide and crimes against humanity.
QBZ, the 32nd prosecution witness, went on explaining that the following day Ndayambaje took them to Kabuye hill where Tutsis had sought refugee but did not stay long.
“We left Kabuye with Ndayambaje and went to Butare to get more soldiers” he said.
He said that a few minutes before they left Butare with armed soldiers, Ndayambaje shot dead one young lady called Venerande.
According to the witness when they got back to Kabuye, the soldiers started shooting at the refugees and many were killed while others manages to escape to neighbouring Tanzania.
Most part of QBZ’s evidence was head in closed session, and specific dates and time when all these events occurred was not mentioned in open session.
The trial continues on Tuesday in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’0223e)
FEBRUARY 23RD 2004
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ICTR/ GOVERNMENT II
WITNESS TESTIFIES AGAINST AN ACCUSSED IN A DIFFERENT CASE
Arusha, February 23rd, 2004(FH) - A prosecution witness in the trial of four former Rwandan Ministers on Monday presented evidence touching on a genocide suspect being tried in another case at the International Criminal Tribunal
for Rwanda (ICTR).
Although the witness code named DY to protect his identity was testifying in the trial known as Government II, involving former cabinet ministers, his evidence dwelt mainly on a former military officer, Gratien Kabiligi, one of the four accused in the Military I trial.
Brigadier General Gratien Kabiligi, former head of operations in the former Rwandan Army, is in a joint trial with former Director of Cabinet in the
Rwandan ministry of defence Colonel Theoneste Bagosora, former military commander of Gisenyi region Lieutenant Colonel Anatole Nsengiyumva and the former Commander of Kanombe Para-military battalion, Major Aloys Ntabakuze.
The witness, a former soldier, told the chamber he was attached to the armoured personnel carrier vehicle which used to escort Kabiligi to various places from April 20th 1994 for two months.
Regarding the accused, DY said he only saw two of them, Casimir Bizimungu, former minister for Health and Justin Mugenzi, former minister for Commerce on April 7th at the Kigali Military Barracks.
He stated that the two stayed briefly at the barracks, after which they were escorted to the Hotel des Diplomates in Kigali.
The other two accused in Government II trial are Jerome Bicamumpaka, former Minister of Foreign Affairs and Prosper Mugiraneza, former minister of Civil service.
Bizimungu’s lead counsel Michelyne Chénard St-Laurent started cross-examining the DY witness in closed session shortly before the session
ended.
The trial continues on Tuesday with the cross-examination of DY.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0223e)
FEBRUARY 23rd, 2004
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ICTR/MILITARY I
NTABAKUZE LED SOLDIERS IN THE DEATH SQUAD BEFORE THE GENOCIDE SAYS WITNESS
Arusha, February 23rd, 2004 (FH) - A prosecution witness in the “Military I” trial on Monday told the International Criminal Tribunal for Rwanda (ICTR) that the former commander of the Kanombe Para-military battalion, Major Aloys Ntabakuze, led soldiers from the death squad to eliminate former prime minister Dismas Nsengiremye.
Ntabakuze is jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi,and the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva. They are mostly charged with conspiracy to commit genocide, war crimes and crimes against humanity. All have pleaded not guilty.
The witness, code-named “XAQ” to conceal his identity, told the court during examination in chief that a corporal named Munyankindi assigned to the unit escorting Major Ntabakuze in the para commando battalion in 1992 to 1993 told him, “Major Ntabakuze led soldiers going to eliminate the then prime minister, Dismas Nsengiremye but the operation failed”.
Part of the indictment states that the strategy adopted in the early 1990s, which culminated in the widespread massacres of April 1994, comprised several components, which were carefully worked out by the various prominent figures who shared the extremist Hutu ideology, including the members of the Akazu.
XAQ who is the 47th prosecution witness added that Munyankindi told him thathe was a member of the death squad. “He told me he was assigned to a mission to eliminate people,” XAQ, who was himself a member of the paracommando battalion said. “I saw Aloys Ntabakuze every day along with Captain Hakizimana and Bizimungu in the Mugunga and Tingitingi camp (In Zaire, now DRC),” he explained.
According to the witness, the death squad was in operation from the beginning of the multi party period up to the time of the death of president
Habyarimana in 1994.
Similar information about the existence of a death squad was revealed by General Romeo Dallaire, the former UNAMIR commander, when he testified in the same trial at the ICTR, in January this year. Dallaire referred to the death squad as a third force composed of extremists.
The witness testified that soon after the death of president Habyarimana, Ntabakuze addressed para commando soldiers on what they had to do saying, “The Inyenzis have just killed him, we have to avenge his death.” Inyenzi is the deragatory word meaning coackroaches which was used to refer to Tutsis at the time.
“Soon after that, the arms depot was opened and the soldiers took ammunition and started killing people in Kajagari area next to Kanombe camp in Kigali,” the witness continued to narrate.
XAQ also provided information regarding the Interahamwe. “After the downing of the plane , Interahamwe came to Kanombe camp onboard green ONATROCOM buses to obtain grenades and ammunition,” the witness explained, adding
that the Interahamwe were also provided with fuel and guns from the camp.
The indictment states the Interahamwe (MRND youth wing), were organized into militia groups, which were financed, trained and led by prominent civilians and military figures from the President's entourage. They were issued weapons, with the complicity of certain military and civilian authorities.
The militia groups were transported to training sites, including certain military camps, in public administration vehicles or vehicles belonging to
companies controlled by the President's circle.
XAQ will be cross-examined in the afternoon.
The Military I trial is before trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway. Who is assisted by Judge Serguei Aleckseievich Egorov of Russia as well as Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0223e)
FEBRUARY 23rd, 2004
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ICTR/MILITARY I
BAGOSORA TOLD THE INTERAHAMWE TO BE COURAGEOUS IN THEIR WORK, SAYS WITNESS
Arusha, February 23rd, 2004 (FH) - A prosecution witness in the “Military I”
trial on Monday told the International Criminal Tribunal for Rwanda (ICTR)
that the former director of cabinet in the Rwandan ministry of defence,
Colonel Theoneste Bagosora, told the Interahamwe “to be courageous in their
work”.
Work was a widely used term during the genocide, which meant to kill Tutsis.
The witness code-named XAQ to conceal his identity told the court that he
“saw Bagosora shortly after the crash of the presidential plane talking to
Interahamwe in a meeting in a place called Nonko (near Kanombe camp, Kigali
Urban).”
The witness said that he did not have enough time to hear more from Bagosora
but that he saw around 50 soldiers at the meeting which was held outside the
camp on April, 7th around 10 am.
The witness, who was a soldier with the paracommando battalion said that
military officials conducted training secretly without informing UNAMIR
officials. UNAMIR officials were in Rwanda at the time to oversee the smooth
enforcement of the Arusha peace accord, which did not support further
military training.
XAQ, the 47th prosecution witness in this case, had earlier told the court
that prior to the genocide, when colonel Bagosora was the commander of the
Kanombe camp (at the beginning of the 1990s), he used to organize meetings.
“I attended more than five, even though he did not convene meetings
frequently,” the witness said, although he could not explain what Bagosora
said during these meetings.
Bagosora is considered by the prosecution to be the “mastermind” of the
genocide.
Part of the indictment states, “Having been psychologically and militarily
prepared for several months, the groups of militiamen spearheaded the
execution of the extermination plan and were directly involved in the
massacres of the civilian Tutsis population and of moderate Hutus, thus
causing the deaths of hundreds of thousands of people in less than 100 days”
.
Bagosora is jointly charged with, the former head of operations in the
former Rwandan army, Brigadier General Gratien Kabiligi, the former
commander of the Kanombe Para-military battalion based in Kigali, Major
Aloys Ntabakuze and the former military commander of Gisenyi region,
Lieutenant Colonel Anatole Nsengiyumva.
XAQ is currently being cross-examined.
The Military I trial is before trial Chamber One of the ICTR, presided over
by Judge Erik Møse of Norway. Who is assisted by Judge Serguei Aleckseievich
Egorov of Russia as well as Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0223ee)
FEBRUARY 23rd, 2004
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ICTR/MILITARY I
INTERAHAMWE COULD KILL SOLDIERS FROM THE GOVERNMENT, SAYS WITNESS
Arusha, February 23rd, 2004 (FH)- A prosecution witness in the “Military I”
involving the former director of cabinet in the Rwandan ministry of
defence, Colonel Theoneste Bagosora on Monday told the International
Criminal Tribunal for Rwanda (ICTR) during cross-examination that the
Interahamwe could kill soldiers from the government.
Bagosora is jointly charged with the former commander of the Kanombe
Para-military battalion based in Kigali, Major Aloys Ntabakuze the former
head of operations in the former Rwandan army, Brigadier General Gratien
Kabiligi, and the former military commander of Gisenyi region, Lieutenant
Colonel Anatole Nsengiyumva. They are mostly charged with Conspiracy to
Commit Genocide, War Crimes and Crimes against Humanity. All have pleaded
not guilty.
The witness code-named XAQ to conceal his identity was being cross-examined
by the lead defense counsel for Ntabakuze, Andre Tremblay (Canada) when he
said that the Interahamwe did not need any permission to get into the
Kanombe military camp. “The Interahamwe had permission, they had the right
to kill soldiers from government if they deserted the front line,” he said,
The accusation maintains the Interahamwe are the main perpetrators of the
genocide, alongside other units of the military and government.
XAQ, the 47th prosecution witness, added that the Interahamwe (the MRND
youth wing) were given training and weapons by senior military officials.
During cross-examination the witness clarified issues he had raised during
examination in chief. In particular, he was asked by the lead counsel for
Colonel Bagosora, Raphael Constant (Franco-Martinique) about the content of
the meetings that he said were organized by Colonel Bagosora.
“It was a long time ago - fourteen years - and I cannot remember what he
said. All I remember is that the meetings were held at a place called Jolly
Bar in shrubs overlooking Kanombe,” he answered.
Bagosora is considered by the prosecutor to be the “mastermind” of the
genocide.
XAQ’s cross-examination continues on Tuesday.
The Military I trial is before trial Chamber One of the ICTR, presided over
by Judge Erik Møse of Norway. Who is assisted by Judge Serguei Aleckseievich
Egorov of Russia as well as Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0223eee)
FEBRUARY 20TH, 2004
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ICTR/BUTARE
WITNESS’S TESTIMONY SHROUDED IN SECRECY FOR A WHOLE WEEK
Arusha, February 20th, 2003 (FH) - A prosecution witness testifying in the so-called “Butare trial”, on Friday clocked one week testifying behind
closed doors at the International Criminal Tribunal for Rwanda (ICTR).
The witness, code-named “RV” to protect his identity, is the 31st witness so far called by the prosecution in the trial of six people accused of
organising the genocide in Butare (southern Rwanda).
RV’s testimony has been one of the rare incidences at the ICTR where the whole testimony, including cross-examination, was held in closed session.
What could only be garnered from court documents is that a confession allegedly made by the witness to Rwandan authorities, was a subject of
debate.
Pierre Boulé, defence counsel for one of the accused, the former mayor of Muganza commune, Elie Ndayambaje, demanded that the confession be produced in court while RV was still in the witness stand.
The court ordered the prosecutor to arrange with the Rwandan authorities and produce the documents.
Ndayambaje is jointly charged with the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Colonel Alphonse Nteziryayo, and two former mayors of Ngoma and Muganza; Joseph Kanyabashi and Elie Ndayambaje respectively.
All have pleaded not guilty to genocide and crimes against humanity.
Nyiramasuhuko is also the only woman indicted so far by the ICTR. Rape is among the charges brought against her for allegedly ordering soldiers and Interahamwe militia to rape Tutsi women and girls.
The trial continues in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda..
KN/CE/FH (BT’’0220e)
FEBRUARY 20th, 2004
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ICTR/MILITARY I
NTABAKUZE WITNESSED MASSACRES AND TOOK NO ACTION, SAYS WITNESS
Arusha, February 20th, 2004 (FH)- A prosecution witness in the “Military I” trial on Friday told the International Criminal Tribunal for Rwanda (ICTR) that the former commander of the Kanombe Para-military battalion based in Kigali, Major Aloys Ntabakuze witnessed massacres at Kabeza (Kigali town) and “sat in his car which was moving slowly, doing nothing”.
Ntabakuze is jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi,and the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva. They are mostly charged with genocide, war crimes and crimes against humanity. All have pleaded not guilty.
The witness, code-named “AH” to conceal his identity, told the court during examination in chief that on 7th of April, 1994, massacres were being
committed in Kabeza(Kigali town). “Soldiers from the presidential guard arrived and went into civilians residents and they shot at people there,” he explained.
He went on saying he saw Ntabakuze moving in his vehicle around the area,” doing nothing, just looking.”
AH added the accused was escorted by six soldiers from the para-commando unit.
The witness also narrated how he witnessed Belgian peace keepers being killed at the UNAMIR base in Kigali where he was on guard on the morning of April 7th, 1994. “I saw presidential guard soldiers beating up the UNAMIR soldiers with bats and anything that they could use, the soldiers were pleading for mercy. After one hour six UNAMIR soldiers were dead”.
He added that four other UNAMIR soldiers died after a grenade was thrown into the building they were in, by a soldier from the reconnaissance
battalion.
The witness described how a certain colonel Nubaha, who was a camp commander, tried to stop the soldiers from killing whereas other officials just passed by taking no action. “He told them to stop beating the soldiers,
he stayed for about ten minutes and when he realized that he couldn’t succeed, he left,” the witness said.
During cross-examination by Bagosora’s lead counsel, Raphael Constant (France), the witness was challenged whether he was present at the scene of the killing of the Belgian peacekeepers. In contrast to other witnesses, AH said UNAMIR soldiers were armed in the building, that he never saw Major Ntuyahaga who was seen by every other witness at the scene and also that he never saw Ghanaian peacekeepers and black UNAMIR soldiers at their base.
The next witnesses expected to testify as of Monday, are HN, DBQ and XAQ. DBQ, who has already given half of his testimony before the tribunal, may have his testimony delayed. Ntabakuze and his defense lawyer have requested more time to conduct investigations.
The trial will break on February 27, and will resume on March 29, 2004. The prosecutor, Barbara Mulvaney (USA) indicated she expected to present all her witnesses before May 7. She said she would present a total of less than a hundred, without being more specific. AH was the 45th witness.
The Military I trial is before trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway, assisted by Judge Serguei Aleckseievich Egorov of Russia as well as Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0220e)
FEBRUARY 20th, 2004
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ICTR/GOVERNMENT II
TRIAL SUSPENDED DUE TO ILLNESS OF ONE OF THE ACCUSED
Arusha, February 20th, 2003 (FH) The trial of four former Rwanda governmentministers going on at the International Criminal Tribunal for Rwanda (ICTR), was adjourned on Friday morning after one of the accused fell ill. It is expected to resume on Monday.
“Right now my client is at the hospital”, reported Michelyne Chénard Saint Laurent, the lead counsel for Casimir Bizimungu, former minister of health.
She then requested for a suspension of the hearings, arguing that “the witness’s testimony directly concerns my client”.
The chamber was preparing to listen to the 16th prosecution witness, aformer member of the Rwandan armed forces (ex-FAR), code-named “DY” to keep his identity secret.
DY had also interrupted proceedings on Thursday when he complained that his state of health did not permit him to stay seated for long periods. One member of the prosecution team, Ibukunolu Babajide, informed the tribunal on Friday morning that the witness was ready to testify.
Casimir Bizimungu is jointly charged with Justin Mugenzi, former minister of commerce, Jerome Bicamumpaka, the foreign affairs minister, and that of civil s ervice, Prosper Mugiraneza.
Each of them is accused of six counts of genocide and crimes against humanity committed all over Rwanda between April and July 1994. All have plea ded not guilty.
The trial commonly known as “Military 1”, is taking place in Trial Chamber Two of the ICTR, composed of Judge Asoka de Zoysa Gunawardana from Sri Lanka, assisted by Judge Lee Gacuiga Muthoga of Kenya and Khalida Rashid
Khan from Pakistan.
The trial began November 8, 2003.
KN/ER/AT/CE/FH(GVII''0220e)
FEBRUARY 20th, 2004
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ICTR/GOVERNMENT II
TRIBUNAL REQUESTS MEDICAL CERTIFICATE OF WITNESS
Arusha, February 20th, 2003 (FH - Trial Chamber Two of the International Criminal Tribunal for Rwanda, (ICTR), on Thursday ordered the prosecutor to produce a prosecution witness’s medical certificate in the trial of four former Rwanda government ministers.
“A doctor should examine the witness and inform the chamber. We would like to see a medical certificate”, said presiding Judge Asoka de Zoysa Gunawardana from Sri Lanka.
The witness code-named “DY” to keep his identity secret, had stated in open court that the state of his health did not allow him to sit for long hours.
“Stop, I cannot remain seated any longer”, implored DY, 30 minutes into his testimony.
According to the prosecutor, Ibukunolu Babajide from Nigeria, the witness had waited for long hours in the waiting room before his appearance in court at around midday. The chamber immediately adjourned the proceedings to Friday morning.
By the time the tribunal was adjourned, the witness had not implicated any of the accused.
He had only talked about his career within the former Rwandan armed forces (ex-FAR) that was routed in July 1994 by rebels of the Rwandese Patriotic Front (RPF) now in power in Kigali.
The four accused in this trial are the former minister of health, Casimir Bizimungu, the former minister of commerce, Justin Mugenzi, Jerome
Bicamumpaka, the foreign affairs minister, and that of civil service, Prosper Mugiraneza.
Each of them is accused of six counts of genocide and crimes against humanity committed in different parts of Rwanda. All have pleaded not
guilty.
As presiding judge in this trial, Judge Gunawardana is assisted by Judge Lee Gacuiga Muthoga of Kenya and Khalida Rashid Khan from Pakistan.
KN/ER/AT/CE/FH (GVII''0220e)
FEBRUARY 19th, 2004
__________________________________________________________________
ICTR/MILITARY I
MILITARY OFFICIALS PLANNED TO EXTERMINATE RPF ACCOMPLICES
Arusha, February 19th, 2004 (FH) - A prosecution witness in the “Military I” trial on Thursday told the International Criminal Tribunal for Rwanda (ICTR) that military officials said they would kill RPF accomplices before attacking the enemy who was the RPF.
The witness, code-named “DN” to conceal his identity, told the court during examination in chief that Major Ntabakuze, one of the accused, was present when the commander of the Reconnaisance Battalion, Major Francois-Xavier Nzuwonemeye said that “he knew that the enemy was the RPF but he had to exterminate their acomplices first”.
Ntabakuze is jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi,and the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva. They are mostly charged with Conspiracy to Commit Genocide, War Crimes and Crimes against Humanity. All have pleaded not guilty.
Major Nzowonemeye is also detained by the ICTR and one of the accused in the Military II trial which is scheduled to begin in September, 2004. He is accused together with the former chief-of-staff of the FAR, General Augustin Bizimungu, and a fellow commanding officer in the reconnaissance battalion, captain Innocent Sagahutu.
DN, the 45th prosecution witness, also told the court that he witnessed the training of Interahamwe at Mukamira camp (Ruhengeri prefecture, northern Rwanda). He added that he also learnt that “conseillers” were also trained there. “I met a lady who was a ‘conseiller’ on my way to Gisenyi and she was being trained at the camp,” he said.
During cross-examination by Bagosora’s lead counsel, Raphael Constant (France), DN was asked whether “colleagues told you that people were dying, and that there were instructions by Nzuwonemeye to go and kills tutsis?” DN replied that the major gave orders to members of the reconnaissance battalion to kill, after explaining to them that he had learnt that the presidential jet had been shot down.
The witness was also challenged by Nsengiyumva’s counsel, Ottachi Bw'Omanwa (Kenya), regarding his absence at the Mukamira camp, saying that he could not have witnessed any training. DN replied that he was not always at the camp but that everybody knew the training took place within the camp.
The witness showed a number of times during cross examination that his knowledge of Mukamira camp was limited. “I do not know the number of buildings that were in the camp because I had no time to go round,” he once answered. He also said he had been in the camp as a soldier for four months.
DN also informed the court that he could not recall his unit nor the name of any other senior officer apart from Nzuwonemeye. The witness, who testified in chief that he saw buses dropping off trainees into the camp, said during cross-examination that he did not know where trainees were accommodated in the camp.
The Military I trial is taking place in Trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway, assisted by Judge Serguei
Aleckseievich Egorov of Russia and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0219e)
FEBRUARY 18th, 2004
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ICTR/GOVERNMENT II
FORMER SUBORDINATE CLAIMS BIZIMUNGU “EXTOLLED THE MASSACRES”
Arusha, February 18th, 2003 (FH) - A prosecution witness on Tuesday claimed that the former minister of health in the Rwandan interim government,
Casimir Bizimungu, had in April 1994, “extolled massacres” during a visit to Kigali central hospital (CHK).
The witness, code-named “GIE” to protect his identity, made the allegations at the International Criminal Tribunal for Rwanda (ICTR), where Bizimungu is being tried in the so-called Government II trial.
The witness, the 14th already called by the prosecution, is a Tutsi survivor of the genocide who was an employee of the ministry of health in 1994.
The accused is jointly tried with three other former ministers; The former minister of commerce, Justin Mugenzi, Jerome Bicamumpaka, the foreign affairs minister, and that of civil service, Prosper Mugiraneza.
They are each charged with six counts of genocide and crimes against humanity against Tutsis as well as other crimes committed all over Rwanda between April and July 1994.
“Instead of the minister (Bizimungu) calling for calm, he instead extolled the massacres”, claimed GIE, adding that the incident happened on April 12.
The accused allegedly told workers at the hospital that “the war has already come to an end in Kimihurura residential area”. Government ministers resided in the area.
He continued that the end of the war meant the extermination of people suspected to be accomplices of the Rwandese Patriotic Front (RPF) rebellion which at that time was at war with the government.
“What are you people waiting for, what do you lack”? The minister allegedly asked workers at the hospital. Many injured Tutsis had come to the hospital to seek treatment.
GIE continued that one member of staff at CHK replied that “the major problem is the high number of bodies”.
The former minister then promised to send them lorries and prisoners “to load the bodies”.
“Interahamwe (militia) were bringing bodies to the hospital, the Red Cross was doing the same, and some people had been killed at the hospital”, he explained.
The witness had earlier alleged that the ministry of health employed Interahamwe and that the minister must have known about it.
“He must have been aware. They were members of the MRND (the ruling party) like him. He knew them”, insisted the witness.
Witness GIE was being questioned by Paul Ngarua, the lead prosecutor in this trial known as “Government Two”.
The day’s proceedings came to an end when Michelyne Chénard Saint Laurent, Bizimungu’s lead counsel had started cross-examining the witness. She will continue on Wednesday.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judge Asoka de Zoysa Gunawardana from Sri Lanka (presiding) Judeg Lee Gacuiga Muthoga of Kenya and Khalida Rashid Khan from Pakistan.
Another trial, dubbed “Government I” is also taking place. It groups together four other senior members of the Hutu dominated former government.
KN/ER/AT/CE/FH(GVII''0218e)
FEBRUARY 18TH, 2003
__________________________________________________________________
ICTR/MILITARY I
NTABAKUZE ALLEGEDLY PREDICTED MASSACRES AFTER HABYARIMANA’S DEATH
Arusha, February 18th, 2003 (FH) –A prosecution witness in the so-called “Military I” trial, on Tuesday claimed that the former commander of the Kanombe Para-military battalion based in Kigali, Major Aloys Ntakuze, had stated that President Juvenal Habyarimana “should not die alone”.
The witness, code-named “GS” to conceal his identity, was testifying at the International Criminal Tribunal for Rwanda (ICTR), where four senior officers in the former Rwandan army (ex-FAR) are standing trial. The trial began in April 2002.
“They have killed him, but many people will be buried before him to serve like a bed of straw”, Ntabakuze allegedly menaced immediately after the president’s plane was shot down.
GS, the 44th prosecution witness so far, was a member of the BM battalion (in charge of construction) at Kanombe.
A previous witness had testified to the same fact at the end of last year.
The witness continued that shortly after Ntabakuze’s threats, soldiers of the Para-commando unit left the camp and started massacres around Kanombe.
He continued that he had seen bodies littered around the area on the morning of April 7, including members of his own family.
The death of former president Habyarimana triggered off the genocide against Tutsis as well as massacres of the opposition that claimed the lives of an estimated one million lives between April and July, 1994.
GS’s testimony caused heated debates in court with the defence claiming that the witness had presented “new evidence” which had not been made available to them in advance. They also argued that the testimony was based on hearsay.
Ntabakuze’s co.counsel, André Tremblay from Canada, asserted that the witness had remained at the camp the whole night of April 6 and the next morning.
The chamber decided that the examination of the witness should only touch on “relevant issues”.
GS went on to allege that Major Ntabakuze was implicated in training and distributing arms to Interahamwe militia. Other witnesses have also made the same allegations.
Ntabakuze is jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi, and the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva.
They are mostly charged with Conspiracy to Commit Genocide, War Crimes and Crimes against Humanity. All have pleaded not guilty.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
Cross examination of GS continues on Wednesday
KN/GA/CE/FH (ML''02018e)
FEBRUARY 18th, 2004
__________________________________________________________________
ICTR/MILITARY I
WITNESS RECONFIRMS HIS TESTIMONY DURING CROSS EXAMINATION
Arusha, February 18th, 2004 (FH) - A prosecution witness in the “Military I” trial involving the former commander of the Kanombe Para-military battalion, Major Aloys Ntabakuze, on Wednesday reconfirmed before the International Criminal Tribunal for Rwanda (ICTR) what he said in his testimony during examination in chief.
Ntabakuze is jointly charged with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi,and the former military commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva. They are mostly charged with genocide, war crimes and crimes against humanity. All have pleaded not guilty.
The witness, code-named “GS” to conceal his identity, was cross-examined by Ntabakuze’s co-counsel, André Tremblay from Canada and Bagosora’s lead counsel Raphael Constant (France) regarding his testimony.
GS reconfirmed that he heard Ntabakuze predicting the genocide. “I saw him snapping his fingers and heard him saying, ‘they have killed him (Habyarimana) but many will die as a result of his death’,” he repeated.
The death of former president Habyarimana on the evening of the 6th of April triggered off the genocide against Tutsis as well as massacres of the opposition that claimed the lives of an estimated one million lives between April and July, 1994.
The witness also said that Ntabakuze was present when an order was made to make coffins for the people who would be killed. “Major Ntabakuze was in the
company of Major Ntibihura who was the in charge of the BM battalion, when Ntibihura gave instructions for the construction of caskets,” the witness said.
GS who was himself a member of the BM battalion (in charge of construction) at Kanombe also confirmed that he saw his commander “distributing weapons daily at the Kanombe camp”.
GS, the 44th prosecution witness, also reconfirmed that he saw Para-commando unit soldiers leaving the camp a day after the death of the president and started massacres around Kanombe. “I saw dead bodies near Kanombe camp,” he said.
After cross-examination of GS was completed, the prosecution fell short of witnesses. The next witness to testify, code-named AH, was reported ill. The next witnesses, DN, DBQ and XAQ, are expected to arrive in Arusha on Wednesday evening.
Presiding judge Erik Mose expressed concern over the shortage of witnesses. He informed the registrar to ensure that “there must always be more witnesses than required at any one time”.
The trial will proceed on Thursday afternoon.
It is in Trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway, assisted by Judge Serguei Aleckseievich Egorov of Russia and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0218e)
FEBRUARY 18TH, 2004
_________________________________________________
ICTR/BUTARE
TRIAL GOES INTO THIRD DAY BEHIND CLOSED DOORS
Arusha, February 18th, 2003 (FH)- The trial known as the “Butare trial”, went into the third consecutive day on Wednesday being heard in-camera at the International Criminal Tribunal for Rwanda (ICTR).
The trial groups together six people accused of organising the massacres in Butare (southern Rwanda) in 1994. It has been held in closed session ever since the current protected witness, code-named “RV” to conceal his identity, started testifying on Monday.
Those on trial are the former minister of women and family affairs, Pauline Nyiramasuhuko, her son and former militia leader in Butare, Arsene Shalom Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Colonel Alphonse Nteziryayo, and two former mayors of Ngoma and Muganza; Joseph Kanyabashi and Elie Ndayambaje respectively.
RV is the 31st prosecution witness to be called so far.
Nyiramasuhuko and her son are also particularly charged with rape, making her the first woman to be indicted for the offence.
The trial continues in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
KN/CE/FH (BT’’0218e)
FEBRUARY 17TH, 2004
_________________________________________________
ICTR/BUTARE
BUTARE TRIAL CONTINUES BEHIND CLOSED DOORS
Arusha, February 17th, 2003 (FH)- The trial of six people accused of organising the massacres in Butare (southern Rwanda) in 1994, continued
behind closed doors Tuesday at the International Criminal Tribunal for Rwanda (ICTR).
The trial known as the “Butare trial”, was hearing the 31st prosecution witness who began his testimony on Monday afternoon. The witness was code-named “RV” to keep his identity secret for security reasons.
The most famous among the accused are a mother-and-son duo, comprising of the former minister of women and family affairs, Pauline Nyiramasuhuko, and her son, Arsene Shalom Ntahobali, a former Interahamwe militia leader Butare.
Apart from Nyiramasuhuko being the first woman to be indicted by the ICTR, she is also the first to be indicted for rape by an international jurisdiction. It is alleged that she ordered soldiers, militia and members of the population to rape and kill Tutsi women and girls who had taken refuge at Butare prefecture headquarters.
Her son, Ntahobali, is alleged to have personally taken part in the rapes as well as manning roadblocks which were used to stop, identify and kill Tutsis.
The other accused are two former prefects of Butare, Sylvain Nsabimana and Colonel Alphonse Nteziryayo, and two former mayors of Ngoma and Muganza; Joseph Kanyabashi and Elie Ndayambaje respectively.
The trial continues in Trial Chamber Two of the ICTR, composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda..
KN/CE/FH (BT’’0217e)
FEBRUARY 17th, 2004
__________________________________________________________________
ICTR/MILITARY I
WITNESS TESTIMONY INCONSISTENT, SAYS DEFENCE COUNSEL
Arusha, February 17th, 2004 (FH) - The defence counsel for the former head of military operations in the former Rwandan army, General Gratien Kabiligi, on Tuesday challenged a prosecution witness for being inconsistent in his testimony before the International Criminal Tribunal for Rwanda (ICTR).
The counsel, Jean Yaovi Degli from Togo, said that what the witness had told the court was different from his written testimony to the investigators. The witness, code-named DY to protect his identity, repeatedly explained that “there is no contradiction, I believe the person took down the statements wrongly.”
DY, the 43rd prosecution witness in the Military I tiral, testified mainly against Kabiligi. He said that at the time of the genocide in 1994, he was a member of the reconnaissance battalion who served as an escort to Kabiligi in an armoured carrier.
He was cross-examined about the killings he witnessed of up to ten Tutsis at ONATRACOM (the national transport company) along with the killing of Mudenge, who had the rank of Second Lieutenant in the FAR. The witness had said that Kabiligi did nothing to stop the killings.
Part of DY’s written statement stated that while escorting Kabiligi in 1994 from Kigali to Nyamirambo, “A woman lay dead by the post office, we were passing on training vehicles and Kabiligi was among us, he saw the woman and red cross vehicles also passed by and Kabiligi never asked them to take her away, she remained there for four days.”
In his testimony before the tribunal DY said, “We passed by with Kabiligi and I saw a crowd of people beating a woman in her innerwear, that woman was being killed. The following day and three subsequent days she was still suffering, her legs and arms were cut and she was still moving”.
The witness kept repeating that the person who recorded his statement took it down wrongly. Mr. Degli challenged the witness that the last page of the statement showed that his written statement was read back to DY before he signed it.
The witness retorted that “the statement was read to me by the investigator. He asked if I understood, I said yes I had, and I signed it.”
Judge Jai Ram Reddy of Fiji also queried DY regarding inconsistency, “There is descrepancy in your statements because it shows that neither you nor Kabiligi saw the killing of 10 bodies of people at Murabira but in your testimony you say you saw them?”
Another witness, named GS to keep his identity secret, also completed his examination in chief in the afternoon. He testified mainly against Major Aloys Ntabakuze who was the commander of the Kanombe para-commando battalion based in Kigali. “He was the one who provided instructions to train Interahamwe in military matters,” GS said.
GS will be cross-examined on Wednesday. DCH is expected to testify next.
General Gratien Kabiligi and Major Aloys Ntabakuze are co accused with the former director of cabinet in the Rwandan Ministry of Defense, Colonel Theoneste Bagosora and Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (North-western Rwanda).
All have pleaded not guilty to genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway. He is assisted by Judge Serguei Aleckseievich Egorov of Russia as well as Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML'0217e)
FEBRUARY 16TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
TUTSI WOMAN TAKEN AWAY AND KILLED ON ORDERS OF MUGENZI, WITNESS CLAIMS
Arusha, February 16th, 2004(FH)- A witness in the trial of four former Rwandan ministers Monday told the International Criminal Tribunal for Rwanda (ICTR), that a Tutsi woman was taken away from a church and killed by a soldier on the orders of Justin Mugenzi, one of the accused in the trial
The thirteenth prosecution witness identified as "LEL" to protect her identity, told the trial chamber she learned from other Tutsi refugees who had sought refuge at Rukara church then in Kibungo prefecture in April 1994, that Mugenzi, a former minister for Commerce, had sent the soldier to collect the woman only identified as Vestina.
"It was said Mugenzi had sent the soldier to come and take that woman (Vestina) ",LEL stated.
She added that Vestina was taken along with two other women who later managed to escape and come back to the church.
The witness testified that the women who were taken away were raped by the Interahamwe who turned them into their wives by force.
LEL stated that before leaving the church with the women, the soldier allegedly threatened the refugees, saying "all of you will be exterminated".
According to the witness, Interahamwe and soldiers attacked the church shortly after the soldier had gone and many refugees were killed. She could not recall the date of the alleged attack.
LEL who was aged 16, in 1994, recalled that she and other members of her family had fled to the church in April but could not say the exact date she arrived there.
Mugenzi is jointly being tried with former minister of Health, Casimir Bizimungu, the former minister of Foreign Affairs Jérôme Bicamumpaka, and Prosper Mugiraneza, former minister of Public Service. They face six counts of genocide and crimes against humanity.
The so-called "Government II" trial is taking place in Trial Chamber Two of the ICTR where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding. He is assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan). The trial continues on Tuesday with the cross-examination of LEL.
PJ/KN/AT/FH (GVII''0216e)
FEBRUARY 16TH, 2003
__________________________________________________________________
ICTR/MILITARY I
KABILIGI ALLEGEDLY PRAISED AN ARMY CAPTAIN FOR KILLING "INYENZI" IN 1994
Arusha, February 16th, 2003 (FH)-A prosecution witness Monday alleged before the International Criminal Tribunal for Rwanda (ICTR that the former head of operations in the former Rwandan army, Brigadier General Gratien Kabiligi, had in April 1994, praised an army captain for having captured and killed Tutsis.
The witness code-named "DY" to keep his identity secret, made the allegations while testifying in the trial of four senior army officers of the former Rwanda army (ex-FAR). DY was a former member of the reconnaissance battalion who served as an escort to Kabiligi in an armoured carrier.
He said that an officer known as Captain Jean Morgan Hategekimana, had called Brig. Kabiligi informing him that he had captured an Inyenzi(a derogatory name for Tutsis) named Mudenge who had the rank of Second Lieutenant in the FAR.
"What are you waiting for? I am on my way", the accused allegedly answered the call. The captured military officer is said to have been killed immediately together with nine other Tutsis at ONATRACOM (a national transport company) "one kilometre from Kigali army camp". DY put the time of the alleged killings to between 15 and 20 April.
When Kabiligi arrived at the scene, he found Hategekimana with his two escorts in the company of an estimated thirty Interahamwe militia, all armed. "Congratulations!" the General allegedly exclaimed. "That is the way Inyenzis should be hunted down".
The indictment states that prior to the genocide and during the 1994 massacres, Tutsi were regarded as enemies and accomplices of the Tutsis dominated Rwandan Patriotic Front (RPF), a former rebel group now in power in Kigali. It was fighting the government at that time.
The witness recalled that Mudenge had been imprisoned in 1990 on suspicion of colluding with the RPF. He was released a year later before being re-integrated into the army in 1992.
DY added in his testimony that Kabiligi toured different parts of Kigali where soldiers and militia were killing Tutsis at roadblocks in 1994. The witness claimed that the accused did nothing to either stop the killings or punish the perpetrators.
Gratien Kabiligi's franco-togolese lawyer, Jean Degli, pointed out at contradictions between the witness's earlier statements and his testimony in court, thereby casting doubt on DY's credibility.
Degli continued that the witness's life was never threatened during the genocide even though he was Tutsi. He added that Mudenge had been arrested and imprisoned not because he was Tutsi, but that because he had been involved in a fight with civilians and had been found guilty of rape.
Kabiligi is jointly being tried with the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and the former commander of the Para-commando battalion in Kanombe (Kigali), Major Aloys Ntabakuze.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
Cross-examination of DY continues Tuesday.
KN/GA/AT/FH (ML''02016e)
FEBRUARY 16TH, 2004
________________________________________
ICTR/BUTARE
NEW WITNESS BEGINS HIS TESTIMONY IN CLOSED SESSION
Arusha, February 16th, 2003 (FH)- The testimony of the 31 prosecution witness in the so-called "Butare trial", began in closed session Monday at the International Criminal Tribunal for Rwanda (ICTR).
The trial groups together six people accused of organising the massacres in Butare (southern Rwanda) in 1994.
The witness code-named "RV", would testify mostly against the former minister of family women and family affairs, Pauline Nyiramasuhuko, and Elie Ndayambaje, the former mayor of Muganza commune in Butare.
Defence counsel for both the accused had unsuccessfully filed motions to bar DR's testimony.
When the trial resumed Monday morning, the chamber retreated to deliberate on other outstanding motions.
When it sat again in the afternoon, the session was again interrupted by many oral motions and only called witness RV to the stand at around15:30 hrs. The whole session was held in-camera.
Even then, Ndayambaje's counsel, Pierre Boulé from Canada, had wanted the tribunal to force the witness testify in French and not in his native Kinyarwanda.
He stated that his client was "well acquainted with the witness" and that RV had "a good command of the French language".
The witness was allowed to testify in a language he felt comfortable with.
The other four accused in this trial is Nyiramasuhuko son, who is also an alleged militia leader in Butare, Shalom Arsene Ntahobali, two former prefects of Butare; Colonel Alphonse Nteziryayo and Sylvain Nsabimana and Joseph Kanyabashi, former mayor of Ngoma commune.
The trial is continuing in Trial Chamber Two of the ICTR, composed
of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette
Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
KN/AT/FH (BT''02016e)
FEBRUARY 13th, 2004
__________________________________________________________________
ICTR/MILITARY I
WITNESS SAYS HE WITNESSED MINISTER OF SOCIAL AFFAIRS BEING KILLED
Arusha, February 13th, 2004 (FH)- A prosecution witness in the military trial of the former director of cabinet in the Rwandan Ministry of Defense, Colonel Theoneste Bagosora and three other senior military officials of the former Rwandan army (ex-FAR), Friday told the International Criminal Tribunal for Rwanda (ICTR) that he witnessed the former minister of social affairs being killed.
The witness code-named EQ to protect his identity, told the court that the Minister, Landoald Ndasingwa and his family were killed by the presidential guard soldiers on 7th of April 1994, following the assassination, the previous night of President Juvenal Habyarimana.
"They told me to go and see how my employer was going to be killed. Landoald his wife, son and daughter, sat on the bed in his bedroom, one presidential guard came and started shooting", recounted the witness.
"I was there, I saw Landoald's mother take a cloth and cover her face before being shot as well", EQ who is the 42nd prosecution witness told the court. "The minister, his wife and son died immediately after being shot once in the head. The daughter was shaking and crying out that she was dying"
He narrated that a warrant officer ordered that the daughter "should be finished off. She was shot for a second time in the ear and she died". EQ added that the warrant officer also ordered the killing of a Tutsi house help related to Landoald.
EQ said that nobody tried to stop the event which lasted seven minutes.
While being cross-examined by Bagosora's co counsel, Paul Skolnik of Canada, the witness was challenged as to the time the incident happened. EQ answered that though he was not wearing a watch, the incident happened at around 7:30 am.
The defence then produced a statement by Belgian peacekeeper, Colonel Luc Marshall, in which the soldier claims to have been called by the minister's wife at 8:30 am.
EQ completed the rest of his examination in closed session.
Bagosora is co-accused in the so-called "Military I" trial with Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (North-western
Rwanda), the former head of military operations of the army, General Gratien Kabiligi and Major Aloys Ntabakuze who was the commander of the Kanombe para-commando battalion based in Kigali.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway. He is assisted by Judge Serguei Aleckseievich Egorov of Russia as well as Judge Jai Ram Reddy of Fiji. Judge Egorov was absent for the third day of hearing.
SV/GA/KN/AT/FH (ML''0213e)
FEBRUARY 13TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
MUGIRANEZA PLANNED KILLINGS, WITNESS CLAIMS
Arusha, February 13th, 2004(FH) - The twelfth prosecution witness in the trial of four former Rwandan cabinet ministers, Friday claimed at the International Criminal Tribunal for Rwanda (ICTR), that the former minister for Public Service, Prosper Mugiraneza, was behind killings of Tutsis at his Gasetsa secteur in Kibungo prefecture.
Mugiraneza is in a joint trial with Casimir Bizimungu, former Minister for Health, the former Minister of Commerce, Justin Mugenzi, and the former minister of Foreign Affairs, Jérôme Bicamumpaka.
The witness dubbed "GJV" to conceal his identity, told the trial chamber that Mugiraneza, the former head of gendarmerie, Pierre-Celestin Rwagafilita, and a councillor called Munyaneza, planned the killing of Tutsis in Gasetsa secteur during the 1994 genocide.
Asked why he thought the killings were planned by the leaders, GJV replied that it was not possible for the massacres to be planned on short notice, immediately after the assassination of President Juvenal Habyarimana on April 6th 1994. He further stated that the leaders who were in power at the time had planned the genocide in all parts of the country.
GJV who was being lead in his chief evidence by prosecuting counsel, Ibukunolu Babajide (Nigeria) added that Mugarineza who was a minister since 1992 and a member of MRND did nothing to stop killings of Tutsis at Gasetsa secteur.
"When killings were being committed Mugiraneza was in Kigali and he never came to stop the killings", he said.
The witness, who is a Hutu, said the Tutsis were massacred at Gasetsa secteur by Interahamwe who were youth wingers of the MRND party. "It was Interahamwe who killed them and threw them in pit latrines", the witness stated.
GJV informed the trial chamber that his wife who was a Tutsi was killed during the genocide by the Interahamwe.
GJV stated that 84 mass graves in which Tutsis were buried were discovered in Gasetsa after the genocide.
During cross-examination Mugiraneza's lead counsel Tom Moran (USA), challenged the witness's testimony, arguing that the witness had no personal knowledge that Mugiraneza and Rwagafilita had planned killings, to which the witness acknowledged.
He said that he only knew that the two, who were members of MRND, had recruited Hutus into the party before the genocide.
The next prosecution witness, LEL, could not testify as she was said to be unwell. Her testimony will be heard on Monday.
The so-called "Government II" trial is before Trial Chamber Two of the ICTR where Judge Asoka de Zoysa Gunawardana (Sri Lanka) is presiding, assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/KN/AT/FH (GVII''0213E)
FEBRUARY 12th, 2004
__________________________________________________________________
ICTR/MILITARY I
MILITARY TRIAL RESUMES WITH WITNESS TESTIFYING IN CLOSED SESSION
Arusha, February 12th, 2004 (FH)- The trial of the former director of cabinet in the Rwandan Ministry of Defense, Colonel Theoneste Bagosora and three other senior military officials of the former Rwandan army (ex-FAR), resumed Thursday at the International Criminal Tribunal for Rwanda (ICTR), with a prosecution witness testifying in closed session .
Prosecuting counsel, Adeboyejo Adeshola (Nigeria) told the court that the witness, code-named ZA to protect her identity, had raised concerns about her security.
"The witness has researched the situation in Rwanda whereby former perpetrators are living at liberty in Rwanda with the victims of the genocide. She has requested to have utmost anonymity. The only way we can do that is by going into closed session", explained the prosecution.
The prosecutor added that the witness was worried that it would be revealed to the public what her occupation was in 1994 because whatever she had to say would not be said without her referring to her occupation.
Prosecution witnesses EQ and VCH were expected to be the next to testify, they had earlier in the week fallen ill along with two judges.
One of the judges who had been ill, Jai Ram Reddy from Fiji, was present in the Thursday session which enabled the trial to continue.
Bagosora is co-accused in the so-called "Military I" trial with Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western
Rwanda), the former head of military operations of the army, General Gratien Kabiligi and Major Aloys Ntabakuze who was the commander of the Kanombe para-commando battalion based in Kigali.
All have pleaded not guilty to genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR, presided over by Judge Erik Møse of Norway. He is assisted by Judge Serguei Aleckseievich Egorov of Russia as well as Judge Reddy.
SV/KN/AT/FH (ML''0212e)
FEBRUARY 12TH, 2004
_________________________________________________
ICTR/BUTARE
BUTARE TRIAL ADJOURNED TO MONDAY
Arusha, February 12th, 2004 (FH)- The so called "Butare trial" which groups six genocide suspects, was Thursday adjourned to next Monday at the International Criminal Tribunal for Rwanda (ICTR).
It was put off after defence lawyers had finished cross-examination of two prosecution witnesses code-named TW and TP. They were the 29th and 30th prosecution witnesses respectively.
Both witnesses were cross-examined by Pierre Boule, counsel for one of the accused, the former prefect of Butare, Alphonse Ntezirayo,
Other accused in this trial include former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia leader, Arsene Shalom
Ntahobali, another former prefects of Butare, Sylvain Nsabimana and two former Mayors: Joseph Kanyabashi of Ngoma commune and that of Muganza, Elie Ndayambaje.
When it resumes on Monday the chamber expects to hear testimony from 31st prosecution witness.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/KN/AT/FH (BT''02012e)
FEBRUARY 11TH, 2004
_________________________________________________
ICTR/BUTARE
PREFECT GAVE ORDERS TO "KILL TUTSI CHILDREN LIKE SNAKES", SAYS WITNESS
Arusha, February 11th, 2004 (FH)- A Tutsi woman survivor of the 1994 genocide Wednesday told the International Criminal Tribunal for Rwanda (ICTR), that the former prefect of Butare and genocide suspect, Alphonse Nteziryayo, ordered the killing of Tutsi children in Muganza commune in a bid to exterminate the Tutsi ethnic group.
"When you kill a snake, you must also dig up its hole in order to destroy its eggs", the 30th prosecution witness quoted the former prefect as having allegedly said during a meeting held in Butare.
The witness, dubbed TP to conceal her identity, explained to the court that the phrase was an instruction to kill all Tutsi children who had survived the previous attacks by Hutus, Twas, Burundian refugees and the presidential guards.
TP recalled that the meeting was either held on June 27th or 28th 1994 at the communal office and that it was also attended by the former Mayor of Muganza commune, Elie Ndayambaje who is also one of the six suspects in this case known as "Butare trial".
Led by prosecution counsel Adelaide Whest, TP said that she was among the people who attended the meeting. She continued that she had sneaked out of the crowd for fear of being killed with her baby she carried on her back.
She recounted that assailants went to her home after the meeting and ordered her to hand over all children. "Did you not hear what Nteziryayo said?" the attackers allegedly asked her.
She continued that she gave them her only surviving kid out of the six children she had, and three others who belonged to her brother-in-law who had been killed during previous attacks.
"I saw the body of my son with my own eyes and asked people to help me bury him," answered TP in response to the prosecutor's question on whether she ever saw the body of her son again after he had been taken away by the assailants.
Earlier the witness testified that Elie Ndayambaje had led a convoy of five vehicles full of assailants to attack and kill Tutsis who had sought refugee at Kabuye hill in Muganza commune.
TP concluded her examination-in-chief but could not proceed with the cross-examination. She had to give place to the previous witness, TW, to finish his cross-examination.
TW had not been available for the morning session as he had fallen ill.
Other accused in this trial include the former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and alleged militia leader, Arsene Shalom Ntahobali, another former prefect of Butare, Sylvain Nsabimana, and the former Mayor of Ngoma commune Joseph Kanyabashi.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/KN/AT/FH (BT''02011f)
FEBRUARY 11TH, 2004
_________________________________________________
ICTR/BUTARE
CROSS EXAMINATION SUSPENDED AS WITNESS FALLS SICK
Arusha, February 11th, 2004 (FH)- Trial Chamber Two of the International Criminal Tribunal for Rwanda (ICTR) was on Wednesday compelled to suspend cross-examination of the 29th prosecution witness in the so-called "Butare trial" as he had reportedly fallen ill and could not appear in court.
The witness code-named "TW", was at the middle of his cross-examination by Pierre Boulé, counsel for one of the accused, Elie Ndayambaje former Mayor of Muganza commune in Butare prefecture. Ndayambaje is one of the six genocide suspects in this trial.
ICTR prosecution counsel Sylvana Arbia, had suggested to the chamber that she introduces the next witness, "TP"; as they awaited the recovery of TW in order to save time.
Boulé reluctantly accepted the suggestion, though he had proposed that for the sake of consistency, the testimony of TP wait until TW had completed his.
Judge William Hussein Sekule of Tanzania, presiding judge for Chamber Two, ruled that the trial continue with the examination-in-chief of witness TP and that the continuation of cross-examination of TW would depend on how long it would take for him to recover.
Other accused in this trial include former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia leader, Arsene Shalom
Ntahobali, two former prefects of Butare, Sylvain Nsabimana and Alphonse Nteziryayo and former Mayor of Ngoma commune Joseph Kanyabashi.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/KN/AT/FH (BT''02011e)
FEBRUARY 11th, 2004
__________________________________________________________________
ICTR/MILITARY I
CASE POSTPONED AGAIN DUE TO ILLNESS OF TWO JUDGES
Arusha, February 11th, 2004 (FH)- The military case involving the former director of cabinet in the Rwandan Ministry of defense, Colonel Theoneste Bagosora and three other senior military officials, was on Wednesday postponed again at the International Criminal Tribunal for Rwanda (ICTR) after a second judge fell ill.
Rule 15 bis of the tribunal allows for two judges to sit for up to five full working days in the absence of the third judge. One judge cannot seat on behalf of the three judges who compose a chamber.
On Tuesday, two prosecution witnesses code-named EQ and VCH respectively, were reported to have been sick along with Judge Serguei
Aleckseievich
Egorov from Russia.
When court resumed Wednesday, the two witnesses had recovered, but a second judge, Jai Ram Reddy from Fiji, was also reported to have fallen ill, thereby causing the trials to be suspended.
So far, 40 prosecution witnesses have already testified. Ten more are expected to have testified by the end of March.
In the military trial, Bagosora is jointly accused with the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, the former chief of operations of the Rwandan army. Brigadier Gratien Kabiligi, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali).
All have pleaded not guilty of genocide and crimes against humanity.
The trial is taking place in Trial Chamber One of the ICTR, presided over by the Norwegian Judge Erik Mose, who is assisted by judges Serguei Aleckseievich Egorov from Russia and Jai Ram Reddy from Fiji.
SV/KN/AT/ FH (ML''0211e)
FEBRUARY 10TH, 2003
__________________________________________________________________
ICTR/MILITARY I
SYNTHESIS: GENERAL ROMEO DALLAIRE’S TESTIMONY
Arusha, February 10th, 2003 (FH) –The trial of four senior officers of the former Rwandan army shifted into high gear when General Romeo Dallaire, former commander of the United Nations Assistance Mission to Rwanda (UNAMIR), testified at the International Criminal Tribunal for Rwanda (ICTR). He was in the witness box from January 19 to 27.
Dallaire’s former aid-de-camp, Major Peter Beardsley, then testified next in support of the former Canadian general’s testimony. Maj. Beardsley finished testifying last week.
Dallaire, 58, went to Rwanda for the very first time in August 1993 as a part of an evaluation mission. He arrived at a time when the country was engulfed in political turmoil as well as a civil war that pitted the Hutu-dominated government and the Tutsi-led Rwandese Patriotic Front (RPF).
Two months later, the United Nations Security Council decided to send a peacekeeping force under the command of Gen. Dallaire. In the meantime, the protagonists had signed peace accords in the Tanzanian town of Arusha.
Setback
When the massacres started after the killing of president Juvenal Habyarimana on the night of April 6, 1994, Dallaire came to the conclusion that what the Arusha Peace Accords stood for “was lost”.
According to him, opposition to the accords were rife both within the Habyarimana’s “inner circle”, and within the RPF.
The witness pointed out the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, as spearheading the hardliners within the president’s entourage. Bagosora is one of the accused in this trial.
The prosecution alleges that Bagosora is the “mastermind” of the genocide that claimed the lives of an estimated one million people within a hundred days.
Dallaire did not mince his words. “It was Bagosora who held the real power. He even overshadowed higher-ranked officers”, said the general.
Dallaire continued that UNAMIR’s position was that Prime Minister Agathe Uwilingiyimana, was the legitimate person to fill the constitutional vacuum left by the death of the president.
During the very first meeting of the crisis committee called on the night of April 6, Bagosora rejected the idea of handing over power to the Prime minister arguing that “the population has no confidence in her”.
According to the Canadian general, such an attitude reflected a total rejection of the Arusha accords, adding that it was more or less a Coup d’ Etat.
Prime Minister Agathe Uwilingiyimana was assassinated on the morning of April 7, 1994.
All through the turmoil, Bagosora is said to have remained calm and undisturbed. ”It was as though everything was going according to plan”, or alternatively, “as though he was living on another planet”.
”The plan aimed at exterminating the opposition”
Gen. Dallaire let it out that the “plan” was to eliminate all political opposition recognised by the Arusha accords. He however pointed out that with the extent of the killings, it was difficult to imagine that someone could have been able to plan the death of 800,000 people.
It is “impossible that a plan to carry out such a holocaust could have existed”. He blames the wide-scale killings to “overspills” that came to add
up to what had been planned “on the political side”.
Dallaire also revealed that there were some moderate elements within both the army and political circles who did not want war. He continued that “maybe between 40 and 70 percent” of the army were tired of war and wanted a ceasefire, while the rest were still in doubt as to the intentions of the RPF following its military and political gains.
General Dallaire accuses the UN
Information available to UNAMIR from an informer, former militia member Jean-Pierre Turatsinze, revealed that long before the 1994 genocide, the army had trained and distributed weapons to civilians. The informer claimed that the militia had the “capacity to kill one thousand Tutsis in twenty minutes”.
Going by the information, Gen. Dallaire sent a telegram to his superiors in New York in January 1994 seeking authorisation to mount an operation to seek and recover hidden arms. The witness revealed that the UN turned down his request arguing that an operation of that kind “did not lie within UNAMIR’s mandate”.
In his book, “Shake hands with the devil”, in which Major Beardsley also contributed, the former UN forces commander is nevertheless convinced that the operation would have helped fend off or limit the massacres.
In his view, the arms proliferation was made worse by the civil wars in both Uganda and Burundi.
Both camps were equally guilty Even though Dallaire’s principal target is Colonel Theoneste Bagosora and the “inner circle”, he did not spare the RPF.
“None of the two parties was inclined towards the application of the peace accords”, pointed out the General.
He added that UNAMIR expected both sides to respect the status quo and not rearm as they waited for installation of the transitional institutions.
Instead, as Dallaire explained, the Rwandan government army was rearming and redeploying battalions all over the country. On the other hand the RPF commander Paul Kagame had predicted on April 2, 1994 that “we are on the brink of a catastrophe, and no one would be able to control it once it was triggered off”.
“It seems they (the government and the RPF) did not understand the full meaning of the accords”, lamented Dallaire.
Bagosora’s defence teams strongly contested the version of events put forth by the Canadian General. According to the lead counsel, Raphael Constant (Franco-Martinique), Dallaire had made up a wrong image of his client.
Bagosora is jointly charged with the former head of military operations of the army, Brigadier Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and the former commander of
the Para-commando battalion in Kanombe (Kigali), Major Aloys Ntabakuze.
The trial is taking place in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
KN/GA/CE/FH (ML''02010e)
FEBRUARY 10th, 2004
__________________________________________________________________
ICTR/MILITARY I
CASE POSTPONED AFTER JUDGE AND WITNESSES FALL ILL
Arusha, February 10th, 2004 (FH) – The military case involving former director of cabinet in the Ministry of Defence, Colonel Theoneste Bagosora
and three other senior military officials was on Tuesday postponed for one day at the International Criminal Tribunal for Rwanda (ICTR) after one of the judges and witnesses fell ill.
The court was informed that two prosecution witnesses who came to Arusha have not been well since their arrival and hence could not testify. The two witnesses are code-named EQ and VCH.
Judge Serguei Egorov from Russia has also been ill for the second consecutive.
“He has suddenly felt uncomfortable and cannot be with us at this moment,” presiding judge Erik Mose told the court during the first day the judge was absent.
The absence of Judge Egorov did however not delay the proceeding because two judges have been sitting in pursuance of rule 15 bis of the tribunal which allows two judges to sit for up to five full working days in the absence of the third judge.
In the military trial Bagosora is jointly accused with the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali). All have pleaded not guilty of genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR, presided by Norwegian Judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy from Fiji.
SV/CE/FH (ML’0210e)
FEBRUARY 10TH, 2004
_________________________________________________
ICTR/BUTARE
NDAYAMBAJE LED SOLDIERS AND POLICE TO ATTACK TUTSIS, WITNESS SAYS
Arusha, February 10th, 2004 (FH)- Former Mayor of Muganza commune and genocide suspect Elie Ndayambaje allegedly led a group of armed soldiers and communal police to attack and kill Tutsis who sought refugee at Kabuye hill in his commune during the 1994 massacres.
The 29th prosecution witness and genocide survivor told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that the former Mayor resorted to soldiers and communal police after a group of assailants, also led by Ndayambaje, had failed to attack the refugees using machetes, clubs and other traditional weapons.
The witness was testifying in the so called “Butare trial” which groups six genocide suspects including Ndayambaje.
The witness code-named TW said that the day following April 19, 1994 the accused Ndayambaje made several trips to transport assailants to the site using his Toyota Hilux vehicle.
When they arrived at Kabuye hill, he ordered them to kill the refugees. That day, he recounted, the refugees managed to repulse them, throwing stones at them.
The following day, TW went on explaining, Ndayambaje went back to Kabuye hill but this time with soldiers, communal police and the so called Burundian refugees armed with guns.
“Take care of the others, I am going to kill this one ,” witness TW quoted Ndayambaje to have said as his uncle, who was in the accused vehicle, was being led away.
He told the court that since that day he never saw his uncle again.
He recounted that soldiers, communal police and what he called Burundian refugees attacked and killed so many people in such a way that dead bodies were scattered all over the hill.
The witness who survived the attack angrily told the court that “ if he stands up (meaning Ndayambaje) I will spit in his eyes.”
The court was then compelled to go in closed session to allow the protected witness to show the scars he sustained during the attack, which he said were
scattered all over his body, on the back of his neck, his head and his shoulders.
TW who put the number of refugees at the estimated 20,000, also said that the third day they were attacked in the evening and many children, women and adults were mercilessly killed.
The trial went on again in closed session for a long time. It reopened with a short cross-examination before going back to closed session. The trial is expected to continue on Wednesday.
Earlier, the court heard the cross examination of another protected witness named FAL, also entirely held in camera.
Other accused in this trial include former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia leader, Arsene Shalom Ntahobali, two former prefect of Butare Sylvain Nsabimana and Alphonse Nteziryayo and former Mayor of Ngoma commune Joseph Kanyabashi.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda.
NI/CE/FH (BT’’02010e)
FEBRUARY 10TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
TRIAL ADJOURNED DUE TO LACK OF WITNESSES
Arusha, February 10th, 2004(FH) – The trial of four former Rwandan ministers was on Tuesday morning adjourned at the International Criminal Tribunal for Rwanda (ICTR) due to lack of witnesses.
The trial will resume on Friday when the prosecution is expected to have brought more witnesses from Rwanda.
The trial known as Government Two, groups former minister of Health, Casimir Bizimungu, former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service. They each face six counts of genocide and crime against humanity.
On Monday two witnesses, dubbed GKE and GKI, testified. On Tuesday morning the eleventh witness GKI, was cross-examined for only half an hour by two defence counsels.
The prosecutor, Paul Ng’arua (Kenya), then told the chamber that he had anticipated that the two witnesses would testify up to Thursday and that he had no other available.
Mugenzi’s co-counsel, Ben Gumpert (UK), protested against the delay, terming it as lack of preparedness by the prosecution.
He lamented that the suspects have already been in custody for long awaiting trial and it would be unfair for them if such delays occur again.
The trial began on November 6th 2003.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding, assisted by judges Lee Muthoga (Kenya)
and Khalida Rashid Khan (Pakistan).
PJ/CE/FH (GVII’0210e)
FEBRUARY 9TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
BIZIMUNGU CALLED FOR TRAINING OF HUTU YOUTH
Arusha, February 9th, 2004(FH) - A prosecution witness in the trial of four former Rwandan government ministers on Monday told the International Criminal Tribunal for Rwanda (ICTR) that one of the accused, Casimir Bizimungu, called for the training of Hutu youths in May 1994 to fight the Tutsis .
The eleventh witness code-named GKI to keep his identity secret, explained that the former minister for Health said the Hutu youths were to be trained so that they could be dispatched from Gisenyi to go and fight Tutsis in Kigali.
According to GKI, Bizimungu made the remarks during a meeting of government officials at Meridian Hotel in Gisenyi on May 21, 1994.
“After giving his (Bizimungu’s) speech, they ordered the youth to go for training in Gisenyi”, GKI said. After the training by the military the youth were then given weapons and transported in buses to Kigali to fight.
Bizimungu is in a joint trial with Justin Mugenzi former Minister of Commerce, the former minister of Foreign Affairs Jérôme Bicamumpaka, and Prosper Mugiraneza, former minister of Public Service.
Earlier, the tenth prosecution witness, code-named GKE, told the trial chamber that he joined the Interahamwe (youth wing of MRND) in1991 when he was 14 and was trained on how to use guns.
GKE stated that after joining the group, he was informed by leaders of the organisation that he and other members were to fight Tutsis and kill them because they were depriving Hutus of peace.
He went on that his routine in 1994 was to arrest Tutsis in his secteur and take them to the office of the conseiller (councillor’s) office. “I personally killed some of those people,” he admitted.
The witness also stated that the conseiller told them he had instructions from higher authorities to have the Tutsis Killed.
Most part of his testimony was taken in closed session.
The trial continues on Tuesday with the cross-examination of GKI by Bizimungu’s lead counsel, Michelyne Chénard-St-Laurent (Canada).
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding, assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan).
PJ/CE/FH (GVII’0209e)
FEBRUARY 9th, 2004
__________________________________________________________________
ICTR/MILITARY I
PROSECUTION WITNESS SAYS HE SAW BELGIAN SOLDIERS BEING KILLED
Arusha, February 9th, 2004 (FH) – A prosecution witness in the Military I trial involving the former director of cabinet in the Ministry of Defense, Colonel Theoneste Bagosora and three other senior military officials on Monday told the International Criminal Tribunal for Rwanda (ICTR) that he witnessed UNAMIR Belgian soldiers being killed.
Part of the indictment states that the Belgian UNAMIR soldiers were from early 1994 targeted and provoked by the local militia. After the death of
president Habyarimana, Belgian soldiers sent to protect Prime Minister Agathe Uwingiliyimana were disarmed, arrested and taken to Kigali military camp, where they were massacred, prompting the withdrawal of the Belgian contingent in the days that followed. After the withdrawal of the Belgian troops, the UN Security Council drastically reduced the number of UNAMIR personnel in Rwanda.
The witness code-named XAF to protect his identity described how he “saw two people lying dead when I arrived at the scene, five other white UNAMIR soldiers were standing pleading for mercy as they were being beaten by wounded soldiers who used their metal crutches.”
He further explained that “one UNAMIR soldier tried to run but was shot dead by another government soldier on guard at the scene. The remaining white UNAMIR soldiers were taken out of the building and killed”.
XAF, who was a reconnaissance soldier at that time, told the court that the soldiers who killed belonged to the government’s Headquarters Unit. This unit was in charge of logistics for the army.
He narrated that he heard the soldiers telling the Belgian UNAMIR soldiers in Kinyarwanda, “They had killed their dead,” explaining that the soldiers believed that the Belgian Blue Helmets were responsible for shooting down the presidential plane on the evening of April 6, 1994.
XAF, also the 40th prosecution witness in this case, said that he saw military officers go by the scene where the killing took place and did nothing. “Major Bernard Ntuyahaga, the in-charge of the Headquarters Unit accompanied by captains Ndangurura and Munana passed by and watched the scene,” he said, adding that they made no attempts to stop what was going on.
During cross-examination, Paul Skolnik (Canada), Bagosora’s co-counsel, asked the witness whether he agreed “that no officers could have stopped the wounded soldiers from perpetrating the crime because the situation was completely out of control?”. XAF conceded that, “No one would have prevented the situation, if anyone had interfered, they would have been shot down.”
Bagosora is jointly accused with the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali) in the so called “Military 1” trial.
All have pleaded not guilty of genocide and crimes against humanity.
The next witnesses lined up to testify this week are EQ and VCH.
The trial continues on Tuesday and it is in Trial Chamber One of the ICTR, presided by Norwegian Judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy from Fiji.
SV/CE/FH (ML’0209e)
FEBRUARY 9TH, 2004
_________________________________________________
ICTR/BUTARE
NDAYAMBAJE ORDERED HUNTING AND KILLING TUTSIS, WITNESS SAYS
Arusha, February 9th, 2004 (FH)- The 28th prosecution witness in the so called “Butare trial” on Monday told the International criminal Tribunal for
Rwanda (ICTR) that Elie Ndayambaje, one of the six accused in this case, ordered people to hunt and kill Tutsis during the 1994 massacres.
The witness, code-named FAL, said Ndayambaje, former Mayor of Muganza commune in Butare prefecture issued the order at a roadblock erected at Bisha to net Tutsis.
“He came at Bisha and told us to go to Kivumo to hunt down Tutsis and kill them,” he said adding that “the order was obeyed and implemented”.
Led in his chief examination in chief by Adelaide Whest, FAL said he saw Ndayambaje arriving at the road block in a Toyota Hilux vehicle. He did not mention the date.
The witness also said that on 22 June, 1994, he attended a meeting at the communal office, chaired by Butare former prefect , Alphonse Ntezirayo, who is also one of the accused.
He said that during the meeting Nteziryayo sworn in Elie Ndayambaje as the new Mayor of Muganza commune.
“On my arrival at the meeting, Alphonse took the floor and told us he came to install Ndayambaje because Chrisologue ( Ndayambaje’s predecessor) “was
not sufficiently active,” he said, meaning he did not do much to contain the war situation which was gaining momentum.
Alphonse Nteziryayo and Ndayambaje later on ordered them to sweep the dirt (meaning expose Tutsis to be killed) outside their houses, he recounted. The
previous witness dubbed QAF who concluded his testimony on Monday, had given the court the same explanation.
Most of the cross-examination of FAL took place in closed session.
Other accused in this trial include former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia leader, Arsene Shalom
Ntahobali, another former prefect of Butare Sylvain Nsabimana and Joseph Kanyabashi, former Mayor of Ngoma commune.
The trial is taking place in Trial Chamber Two of the ICTR composed of judges William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from
Madagascar and Judge Solomy Balungi Bossa of Uganda..
NI/CE/FH (BT’’0209e)
FEBRUARY 6TH, 2004
_________________________________________________
ICTR/BUTARE
PREFECT WARNED POPULATION AGAINST KILLING BELGIAN CLERIC
Arusha, February 6th, 2003 (FH)- A prosecution witness in the so-called “Butare trial” Friday alleged that the former Prefect of Butare (southern
Rwanda), Colonel Alphonse Nteziryayo, told residents not to attempt killing a Belgian friar.
The witness code-named “QAF”, told the International Criminal Tribunal for Rwanda (ICTR), that people in Muganza commune had wanted to kill the cleric who was viewed by the population as “an enemy”.
He was replying to a cross-examination by the defence counsel for Col. Nteziryayo, Frederic Pacere from Burkina Faso.
QAF added that at meeting called by the prefect on June 22, 1994 to introduce a new mayor, the prefect had interceded on behalf of the religious man.
The Belgian known as Brother Stani, lived in Mugombwa sector of Muganza commune. He had allegedly sought help from the prefect because his life was in danger.
“This man is not an enemy because he did not flee like his countrymen. If you do no want him here, tell me and I will take him with me”, Nteziryayo allegedly said.
After the death of former President Juvenal Habyarimana on April 6, 1994, Belgians were viewed with hostility because Rwandan authorities had spread rumours that Belgians were responsible for the president’s death.
Ten Belgian Blue Helmets (UN peace keeping force) guarding Prime Minister Agathe Uwilingiyimana were killed together with the prime minister on April 7, 1994.
Most of the cross-examination of QAF took place in closed session. He is the 27th witness called by the prosecution.
Colonel Alphonse Nteziryayo is jointly tried with the former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son and militia
leader, Arsene Shalom Ntahobali, another former prefect of Butare Sylvain Nsabimana and two former mayors: Joseph Kanyabashi and Elie Ndayambaje of Ngoma commune and Muganza communes respectively.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judge William Hussein Sekule of Tanzania (presiding), Judge Arlette Ramaroson from Madagascar and Judge Solomy Balungi Bossa of Uganda..
KN/CE/FH (BT’’0206e)
FEBRUARY 6th, 2004
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ICTR/MILITARY I
THE ARMY WAS INVOLVED IN KILLINGS, SAYS PROSECUTION WITNESS
Arusha, February 6th, 2004 (FH) – A witness in the military trial involving the former chief of Cabinet in the Ministry of Defense, Colonel Theoneste Bagosora and three other senior military officials declared on Friday before the International Criminal Tribunal for Rwanda (ICTR) that the army was involved in killings.
The witness named DCB to protect his identity explained that people were killed in Remera, Rubilizi and Kimihurura (in and around Kigali) by the army. He said that the paracommando batallion and other units such as the reconnaissance battalion and the presidential guard were also involved.
“ People were killed by members of the FAR and the presidential guard at Kimihurura, IFAK (The institute of technology in Kigali), and at the Salesian brothers technical school,” he stated.
The 39th witness added that he had received information concerning the assassination of the prime minister. “Agathe Uwingiyimana was killed in her house by members of the reconnaissance battalion and the presidential guard," he said.
DCB told the court that other senior government officials were killed on the 7th of April 1994. He said, “I received information that persons were murdered; Joseph Kavaruganda (president of the constitutional court), Landoald Ndasingwa (the minister of Social Affairs), Félicien Ngango (who was supposed to be the president of the transitional National Assembly) and Frédéric Nzamurambaho (minister of Agriculture) were killed.”
Asked why they were killed, he replied, “it was being said that members of the opposition were allies of the RPF and RPF was waging a war.”
Earlier the witness had said that he witnessed five dead bodies which had been shot near the entrance of the presidential guards headquarters in Kimihurura. “Among those bodies was the body of the information Minister Mr. Faustin Rucogoza,” he said.
The witness who worked in the presidential guards headquarters also described how, afterwards, he saw colonel Bagosora, dressed in military attire, entering the camp in a jeep heading towards the commander’s office.
General Dallaire had testified that Bagosora was present at a meeting at the military headquarters on that day.
Later the witness said that he also saw many members of the Interahamwe going into the commander’s office. “They went in a pick-up vehicle and they had no weapons. When they came out, they carried weapons,” he said.
However, DCB said during cross-examination by Bagosora’s lead counsel, Raphael Constant (Martinique/France) that most of what he testified was hearsay.
The next prosecution witness to testify on Monday is XAF.
In the military trial, Bagosora is co-accused with Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western Rwanda),general Gratien Kabiligi who was responsible for military operations at the headquarters of the army and Major Aloys Ntabakuze who was in charge of the Kanombe para-commando battalion.
All have pleaded not guilty of genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR, presided by Norwegian Judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy from Fiji.
SV/CE/FH (ML’0206e)
FEBRUARY 5TH, 2004
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ICTR/MILITARY I
MAJOR BEARDSLEY COMPLETES HIS TESTIMONY
Arusha, February 5, 2004(FH) - The personal assistant to general Romeo Dallaire during the time of the genocide, Major Brent Beardsley on Thursday completed his testimony before the International Criminal Tribunal for Rwanda (ICTR).
Major Beardsley was the 38th prosecution witness in the so-called “Military I” trial involving Colonel Theoneste Bagosora, the former chief of cabinet in the Ministry of Defense and three other former senior military officials.
The testimony of Major Beardsley was important in so far as he took down the minutes of all the meetings that UNAMIR participated in and was also in charge of sending coded cables containing sensitive information to the UN headquarters.
The Major also co-authored with General Dallaire the book, “Shake Hands with the Devil” a memoir on the Rwandan genocide.
During his testimony, the witness revealed information mainly about Bagosora. He said in particular that the accused played a major role as a spokesperson for the government.
The prosecution maintains that Bagosora is the ‘mastermind’ of the genocide.
Major Beardsley was mainly cross-examined by Bagosora’s defence counsel, Raphaël Constant (France).
Bagosora is jointly accused with Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western Rwanda), general Gratien Kabiligi who was responsible for military operations at the headquarters of the army and Major Aloys Ntabakuze who was in charge of the Kanombe para-commando battalion.
The next witness, DCB, began testifying late in the afternoon on Thursday.
This trial is taking place in chamber one of the ICTR, presided by Norwegian judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy From Fiji.
SV/CE/FH (ML’0205e)
FEBRUARY 5th, 2004
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ICTR/MILITARY I
DALLAIRE WANTED AMERICANS TO INVESTIGATE ON PRESIDENTIAL PLANE CRASH
Arusha, February 5th, 2004 (FH) –The former assistant to General Dallaire at the time of the genocide, Major Brent Beardsley, on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that the general wanted the Americans to investigate the site where the presidential plane crashed.
The plane carrying Rwanda’s president Juvénal Habyarimana and other government officials was shot down as it was approaching Kigali airport, at about 8.30pm on the evening of April 6th, 1994. The plane crash marked the beginning of the genocide.
During cross-examination by Mr. Raphael Constant (France), Theoneste Bagosora’s lead counsel, Beardsley explained that after the plane crash, “General Dallaire was assured that Americans could be accepted by both sides to investigate the crash site.”
He thought these investigations could be carried out by American forces who had served in NATO or Somalia.
Major Beardsley also explained that the investigations could not be carried out by French people. “Dallaire knew that the RPF would not accept the French. They hated the French,” he said.
Paris was considered by the RPF as an ally of the Habyarimana regime, which was predominantly Hutu.
Counsel Constant challenged the neutrality of the United States, explaining that Rwanda’s current president, Paul Kagame, who was then the commander of the armed wing of the RPF, had been trained in the USA in 1990.
“In spite of the fact that most Rwandese Patriotic Front (RPF) soldiers were trained in America, general Dallaire thought that America was neutral in investigating the airport sight?” Constant asked.
“General Paul Kagame had gone to America not as a member of the RPF but as a Ugandan Major, Beardsley replied, adding that “both RGF and RPF went to the same college in America”.
Kagame and several other soldiers from the RPF had served in the Ugandan army before launching their attack on Rwanda, in October 1990.
No one has yet identified the people responsible for shooting down the presidential plane. ICTR’s new prosecutor, Hassan Bubacar Jallow, recently declared that he had no mandate to investigate on it. However, a French magistrate, Jean-Louis Bruguière, has been investigating on that case for several years. He has not yet made his conclusions public.
Major Beardsley was in the afternoon cross-examined by the defense counsel for the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, along the same lines. The cross-examination continues tomorrow.
Bagosora and Nsengiyumva are jointly accused with the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali) in the so called “Military 1” trial.
All have pleaded not guilty of genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR, presided by Norwegian judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy from Fiji.
SV/CE/FH (ML’0205e)
FEBRUARY 5TH, 2004
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ICTR/BUTARE
PREFECT ORDERED PEOPLE TO HANDOVER TUTSI GIRLS OR RISK DEATH
Arusha, February 5th, 2003 (FH)- The former Prefect of Butare (southern Rwanda), Colonel Alphonse Nteziryayo, allegedly ordered people who had taken young Tutsi girls as wives during the 1994 genocide to “hand them over to be killed or die with them”.
The allegations were made by the 27th prosecution witness at the International Criminal Tribunal for Rwanda (ICTR), where Nteziryayo is standing trial with five others in the so-called Butare trial. They are charged with genocide and crimes against humanity committed in Butare between April and July 1994.
The witness, code-named “QAF” to protect his identity, told the tribunal that the prefect had made the threats during a meeting he chaired in Muganza commune on June 22, 1994.
The meeting allegedly brought together many officials and residents of the commune who had come to witness the installation of Elie Ndayambaje as mayor. Ndayambaje, who had previously served as mayor of the commune for many years, is also in the dock with Nteyiryayo.
“He thanked the people for having ‘worked well’ (euphemism for killing Tutsis),” said the witness.
He continued that the prefect then warned some young men who had taken Tutsi girls under their wings and protecting them to hand them over or be killed. The young men had allegedly taken the girls for wives and had threatened to kill anyone who came to take them away.
“Those cannot be your wives”, Col. Nteziryayo allegedly said, adding “how can you kill their parents and then consider them to be your wives?”. He then ordered the young men to give up the girls to be killed.
Witness QAF went on to say that the newly installed mayor added his support to the prefect directive comparing the girls to “dirt”.
“Once one has swept out dirt from one’s house, one does not bring it back into the sitting room”, Ndayambaje allegedly said, “You sweep the dirt out and leave it there”.
The witness continued that the girls were rounded up right away and killed.
Apart from Alphonse Nteziryayo and Elie Ndayambaje, the so-called “Butare trial” groups together the former of the former minister of Family and Women Affairs, Pauline Nyiramasuhuko, her son Arsene Shalom Ntahobali, another former prefect of Butare Sylvain Nsabimana and the former mayor of Ngoma commune, Joseph Kanyabashi.
All have pleaded not guilty to all charges.
Earlier in the day, defence counsels finished cross-examining witness “TB” in a bid to blow holes into her testimony. Most of the cross-examination was held in closed session.
TB had mostly implicated Arsene Shalom Ntahobali for sexually assaulting Tutsi girls during the genocide at a roadblock he manned outside his parents’ residence.
The trial continues on Friday in trial Chamber Two of the ICTR composed of Judge William Hussein Sekule of Tanzania (presiding), and Judges Arlette Ramaroson from Madagascar and Solomy Balungi Bossa of Uganda..
KN/CE/FH (BT’’0205e)
FEBRUARY 4TH, 2004
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ICTR/BUTARE
TUTSI GIRLS SEXUALLY ASSAULTED AND KILLED AT ROADBLOCK, CLAIMS WITNESS
Arusha, February 4th, 2003 (FH)- A prosecution witness in the so-called
“Butare trial”, Tuesday claimed that she witnessed Tutsi girls being
abducted at a roadblock manned by a minister’s son in April 1994. The girls
were later found dead and sexually assaulted.
The witness code-named “TB” to keep her identity secret, was testifying at
the International Criminal Tribunal for Rwanda (ICTR), where six people are
on trial for organising and carrying out the genocide in the southern town
of Butare.
TB said that one of those accused, Arsene Shalom Ntahobali, son of the
former minister of Family and Women Affairs, Pauline Nyiramasuhuko, had
erected a roadblock right in front of their gate on Butare’s main street.
She described how Ntahobali, together with two soldiers and three young men;
Kazungu, Lambert and Jean Pierre, stopped a yellow Daihatsu and removed two
girls from it.
“The two soldiers started to forcefully drag the girls towards a nearby
bush”, TB narrated. “After a short while, Shalom (Ntahobali) called them
back, pulled one of the girls who was dressed in a pair of jeans, a short
blouse and had plaited hair, behind a primary school”.
The witness continued that the accused came back alone shortly and told his
colleagues “to work”, a euphemism used during the genocide to mean killing
Tutsis.
“That evening, we saw the dead girl with braids lying sprawled on her back.
Her clothes were torn and she had wounds all over her lower abdomen and
thighs, and there was a lot of blood coming from her private parts”, TB
said.
She added that she had seen many people being killed at the road block from
April 21, 1994 when killings in Butare became widespread.
Arsene Shalom Ntahobali, is accused by the prosecution of being a militia
leader who widely participated in the massacres in Butare. He is on trial
together with his mother, Pauline Nyiramasuhuko, two former prefects of
Butare, Sylvain Nsabimana and Alphonse Nteziryayo, and two former mayors:
Joseph Kanyabashi and Elie Ndayambaje of Ngoma and Muganza communes
respectively.
The tribunal had earlier on Wednesday finished hearing the testimony and
cross examination of “QBQ”, a woman who was raped and infected with the HIV
virus during the genocide.
She had alleged that Nyiramasuhuko had ordered soldiers and militia to “rape
Tutsi girls and women and kill the rest”. The victims had taken refuge at
the prefecture’s (province) headquarters.
TB’s cross examination began in the afternoon and was held in camera.
The trial is taking place in Trial Chamber Two of the ICTR composed of Judge
William Hussein Sekule of Tanzania (presiding), and Judges Arlette Ramaroson
from Madagascar and Solomy Balungi Bossa of Uganda..
KN/CE/FH (BT’’0204e)
FEBRUARY 4th, 2004
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ICTR/MILITARY I
A THIRD FORCE TRIED TO DESTABILIZE THE ARUSHA PEACE ACCORD
Arusha, February 4th, 2004 (FH) –The former assistant to General Dallaire when the genocide took place in 1994, Major Brent Beardsley on
Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that a third force “planned to destabilize the Arusha peace accord”.
Major Beardsley was being cross-examined for the second day in the so-called “Military I” by Mr. Raphael Constant (France), the lead counsel for former Chief of Cabinet in the Ministry of defense, Colonel Theoneste Bagosora.
“When UNAMIR went for the tactical mission in August 1993, we only knew of two parties which signed the Arusha peace accord, but in November we realized there was a third force on the side of the Rwandan government which planned to derail the Arusha Peace accord,” Beardsley explained.
He added that the third group “was determined to discredit UNAMIR, to torpedo the Arusha peace accord. It was prepared to kill.”
He explained how the UN mission was encouraged by a moderate group which existed on the part of the government, but “the government was split in two, one side complied with the Arusha Peace Accord and the other was undermining the accord. UNAMIR made an effort to find out who the third force were, how many they were, how many weapons they had and where they were,” he continued.
The defense counsel had asked the accused a question regarding a letter on 3rd December 1993, which had been sent by senior RPF soldiers to UNAMIR informing them that president Habyarimana had a ‘Machiavellian plan’ to exterminate Tutsis and Belgians.
“You said you did not know who carried out the massacres in November but the letter of 3rd December says Habyarimana. You now mention the government’s third force. So you knew who killed?,” Constant challenged the witness.
“Habyarimana seemed to be remote from the whole situation he was not supportive to the mission, the RPF sent us allegations weekly but we did not take all the allegations seriously all the time,” the witness replied.
Major Beardsley was then challenged as to why UNAMIR trusted the December 3, 1993 letter. “You said there was a group of Anti-Arusha Peace Accord. Was
this based on any substantial information or was it just hearsay?” asked the defense counsel.
“A series of events led us to that conclusion. The coup in Burundi, the South was destabilized, the RTLM was broadcasting anti-Belgium statements and the two killings in November led us to conclude that there was a group attempting to block the Arusha accord,” he retorted.
Bagosora is jointly accused with the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, the former military
commander of Gisenyi region, Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali).
All have pleaded not guilty of genocide and crimes against humanity.
The trial continues in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway (presiding), Judge Serguei Aleckseievich Egorov from Russia and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML’0204e)
FEBRUARY 3RD, 2004
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ICTR/BUTARE
WITNESS CLAIMS FORMER MINISTER ORDERED MILITIA TO RAPE REFUGEES
Arusha, February 3rd, 2003 (FH) - A prosecution witness on Tuesday told the International Criminal Tribunal for Rwanda (ICTR), that the former minister of Family and Women Affairs, Pauline Nyiramasuhuko, had ordered militia to “rape all Tutsi women and girls and kill the rest”.
The witness code-named “QBQ” to protect her identity, made these allegations during her appearance as the 25th prosecution witness in the so-called “Butare trial”.
Nyiramasuhuko is not only the first woman to be indicted by the ICTR, she is also the first to be charged with rape as a war crime and crime against humanity. The prosecutor accuses her of encouraging sexual violence as part of widespread and systematic attacks on civilians on "political, ethnic and racial grounds".
She is detained and on trial together with her son, former university student, Arsene Shalom Ntahobali.
QBQ said that Nyiramasuhuko, accompanied by the prefect, her son and armed militia, had come to the Butare prefecture headquarters where many refugees had gathered.
“What are these snakes still doing here?”, the witness described the accused as saying while standing with her hands on her hips. “Why don’t you remove this rubbish?”.
She then ordered the militia to “rape all Tutsi women and girls and kill the rest”. The witness informed the court that shortly afterwards, women were gang-raped, abducted or killed.
Infected with HIV
Witness QBQ then revealed that she had suffered at the hands of the militia and that she had even been infected with the HIV virus as a result of being raped repeatedly.
“My life has been destroyed,” said the witness, adding that she now moves on crutches. “But now when I speak about my ordeal, I feel relieved”, the witness continued.
QBQ, who was a house-girl in 1994, said that Nyiramasuhuko and her son, Arsene Shalom Ntahobali, had led raiding parties that hunted down Tutsis.
Asked by Nyiramasuhuko’s defence counsel, Nicole Bergevin from Canada, the number of women raped, QPQ said that it would be difficult to estimate the figure but that “they were many”.
She said that any woman who tried to resist was killed immediately.
Nyiramasuhuko and her son are jointly accused with four former senior officials of the southern town of Butare; two former prefects of the town, Sylvain Nsabimana and Alphonse Nteziryayo, and two former mayors, Joseph Kanyabashi and Elie Ndayambaje of Ngoma and Muganza respectively.
The trial continues in Trial Chamber Two of the ICTR composed of Judge William Hussein Sekule of Tanzania (presiding), and Judges Arlette Ramaroson from Madagascar and Solomy Balungi Bossa of Uganda..
KN/CE/FH (BT'0203c)
FEBRUARY 3rd, 2003
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ICTR/MILITARY I
MAJOR BEARDSLEY COMPLETES EXAMINATION IN CHIEF
Arusha, February 3rd, 2003 (FH) – The personal assistant to general Romeo Dallaire during the time of the genocide, Major Brent Beardsley, on Tuesday completed his two day examination in chief before the International Criminal Tribunal for Rwanda (ICTR) in the Military I trial.
Major Beardsley has testified mainly against the former director of cabinet in the Ministry of Defence, Colonel Theoneste Bagosora. This trial involves Bagosora and three other senior former military officials.
Major Beardsley, the 38th prosecution witness in this case, told the court that Bagosora was in the front line of negotiations even after officially retiring from the army.
”In my fourth encounter with Bagosora on 24th December 1993, we heard that Bagosora had officially retired from FAR and he was in civilian attire but he was still the one speaking on behalf of the government,” Beardsley explained.
He added that in that particular meeting, Bagosora was very confrontational with the RPF, arguing that individuals should have been allowed to carry weapons.
The Arusha peace accord had stipulated that no individuals be allowed to carry weapons.
“Civilians were also being trained in the military camps after the signing of the accord”, the major said. “We received about a dozen tips informing us that training was going on, we saw young men boarding Kigali buses heading towards Gabiro camp,” Bugasera and Bagogwe.
Bagosora is accused by the prosecution of being the “mastermind” of the genocide in Rwanda that claimed the lives of an estimated one million Tutsis and Hutu members of the opposition between April and July 1994.
Part of the indictment states that he had the power to put an end to the genocide but did not.
Jointly accused with Bagosora are the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based in Kanombe (Kigali).
All have pleaded not guilty of genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML’0203e)
FEBRUARY 3rd, 2004
__________________________________________________________________
ICTR/MILITARY I
BOTH SIDES WERE DIFFICULT, SAYS BEARDSLEY
Arusha, February 3rd, 2004 (FH) –The former assistant to General Dallaire when the genocide took place in 1994, Major Brent Beardsley on Tuesday revealed before the International Criminal Tribunal for Rwanda (ICTR) that both the RPF and government sides were difficult in implementing the Arusha peace Accord.
Major Beardsley was being cross-examined in the so-called “Military I” by Mr. Raphael Constant (France), the lead counsel for former Chief of Cabinet in the Ministry of defense, Colonel Theoneste Bagosora.
The major told the court was that both the Rwandese Patriotic Front (RPF) and the Rwandan government Forces (RGF) had problems “not with the agreement but with the implementation of the peace accord,” adding that “there wasn’t any party that agreed with everything, it was a negotiation that went back and forth.”
One aspect that brought discord in the Arusha Peace accord was where it stipulated that the RPF battalion be given a place in Kigali.
In his earlier testimony the witness had implied that it was the government side that had problems accommodating the RPF. “Bagosora and his government team were very confrontational regarding how the RPF battalion will be supported in Kigali and where they would be situated”. “RGF were not offering locations” he had said.
“Wasn’t it the RPF that refused four locations offered to them before settling down for the CND (the Parliament)?” the defense counsel challenged the witness.
“The problem was on both sides,” the witness acknowledged. The major was then asked whether he was aware that the government, which was spoken for by Bagosora, had offered to provide supplies to the RPF but that the RPF had refused.
“Based on the fact that food could be poisoned and the RPF were not happy with the governments business contracting methods which allowed it to make money because the RPF were there, the RPF refused,” major Beardsley retorted.
The witness also revealed to the court that both parties sent delegates to the UN headquarters in New York to request UNAMIR to be in Rwanda before the 10th of September 1993, so as to fasten the establishment of the broad-based transitional government. Earlier, the witness had only mentioned the visit by Mr. Patrick Mazimpaka, an RPF delegate.
The broad based transitional government was part of the Arusha peace accord, it involved power sharing among the political parties involved.
In the so-called “Military I” trial Bagosora is jointly accused with the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali).
All have pleaded not guilty of genocide and crimes against humanity.
The trial continues on Wednesday and it is in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML’0203eeee)
FEBRUARY 3rd, 2003
__________________________________________________________________
ICTR/MILITARY I
BAGOSORA’S SURBODINATES CARRIED OUT MASSACRES, SAYS BEARDSLEY
Arusha, February 3rd, 2004 (FH) –The former assistant to General Dallaire when the genocide took place, Major Brent Beardsley, told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that ”Gendarmes, Interahamwe and civilians worked together to ensure that the Rwandan massacres took place.”
Major Beardsley was giving information during his examination in chief in the Military I trial involving former Chief of Cabinet Colonel Theoneste
Bagosora and three other senior military officials. The prosecution maintains that Bagosora and his colleagues had the power to order their
subordinates to stop the genocide but they did not. The prosecution believes that Bagosora is the “mastermind” of the genocide.
According to the major, all security stake holders were involved in the killings at the strategic points. “At roadblocks, we frequently saw a pattern of gendarmes with civilians, militia and gendarmes and a combination of civilians, militia and Non commissioned officers,” he explained.
“The gendarmerie burnt Identity Cards of adults and thereafter Tutsis were killed,” he said, adding, “I don’t remember seeing people killing deliberately but I saw people being searched for ID’s, then fresh bodies lay randomly besides the road blocks. I searched the abandoned bodies. They showed Tutsis ethnically targeted.”
The major said he witnessed a massacre that was carried out by gendarmes in the Gikondo Parish church. “The church was covered with around 165 bodies of men, women and children who were mostly in civilian attire. It was an obscene sight. Corpses were cut up with machetes, bodies lay in the church and around the fence” he described.
After investigations, UNAMIR realized that the dead were all Tutsi. He added that a priest and military observers at the scene became confused
after gendarmes forced them to witness the killings. “Gendarmes put guns under the throats of the priest and military observers, they then slashed open the stomachs of pregnant women and killed other people slowly by mutilating their body parts,” he said.
The 38th witness informed the court that the militia and civilians got involved in a killing Frenzy which intensified especially at the roadblocks after the 8th of April.
Major Beardsley completed his chief examination and is being cross-examined by Mr. Raphael Constant of France, Bagosora’s lead counsel.
In the so-called “Military I” trial Bagosora is jointly accused with the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali).
All have pleaded not guilty of genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML’0203eee)
FEBRUARY 3rd, 2003
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ICTR/MILITARY I
BAGOSORA SAID PRIME MINISTER UWINGILIYIMANA WAS UNFIT TO RULE
Arusha, February 3rd, 2003 (FH) – The International Criminal Tribunal for Rwanda (ICTR) on Tuesday heard that the former director of cabinet in the Ministry of Defence, Colonel Theoneste Bagosora said that the Prime Minister Agathe Uwingiliyimana was “unfit to rule.”
The information was revealed in the testimony of the personal assistant to general Romeo Dallaire at the time of the genocide, Major Brent Beardsley.
Major Beardsley said that during a meeting held after the death of President Juvenal Habyarimana on the 6th of April, 1994, Bagosora stated clearly that there was no government and the military should take over the control of security.
“Without the president there is no government, The Prime Minister (Agathe Uwingiliyimana) is unfit to rule. She did not enjoy the confidence of the nation,” Bagosora allegedly said the next day.
Major Beardsley’s testimony is supposed to back up what the former commander of United Nations Assistance Mission to Rwanda (UNAMIR), General Romeo Dallaire, said. Dallaire told the court the same about the prime minister.
Major Beardsley pursued that Bagosora used swearwords each time the prime minister’s name was mentioned. ”I sat next to Bagosora in the meeting. Every time Agathe’s name was mentioned he swore in French and showed no respect for Agathe,” the witness explained.
“General Dallaire raised his concerns about the government that was chosen by the people still being in place but the military did not want that chosen government. They wanted to take care of the situation,” Beardsley continued.
Major Beardsley also told the court that soon after the death of president Habyarimana, the presidential guard became wild, “extremely aggressive, yelling at people, attacking even UNAMIR officials”.
He added that after the meeting on April 7th, Bagosora acknowledged, “he was having problems with the presidential guard and he was trying to bring them under control”.
In the so-called “Military I” trial Bagosora is jointly accused with the former chief of operations of the former Rwandan army. Brigadier Gratien Kabiligi, the former military commander of Gisenyi region, Colonel Anatole Nsengiyumva, and Major Aloys Ntabakuze, who was the commander of the Para-commando battalion based In Kanombe (Kigali).
All have pleaded not guilty of genocide and crimes against humanity.
The trial is in Trial Chamber One of the ICTR composed of Judge Erik Møse from Norway, Judge Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy of Fiji.
SV/CE/FH (ML’0203ee)
JANUARY 30th, 2003
__________________________________________________________________
ICTR/MUHIMANA
MUHIMANA MAKES SECOND INNITIAL APPEARANCE
Arusha, January 30th, 2004 (FH) – The former counsellor of Gishyita sector (Gishita commune, Kibuye province) Mikaelii Muhimana, popularly known as “Mika”, on Friday made a second initial appearance at the International Criminal Tribunal for Rwanda (ICTR).
Muhimana 54, first made his first initial appearance on November 24, 1999, but his indictment was amended making it necessary to plead again to the new charges.
The accused is now charged with four counts; genocide, or in the alternative, complicity in genocide, and two counts of crimes against humanity (rape and murder).
The indictment states that Mika Muhimana personally raped many Tutsi women in Gishyita and the surrounding areas.
It also states that together with other administration officials of Kibuye, he distributed arms to Interahamwe militia and other civilians in order to carry out the genocide.
It continues that on many occasions, he killed or ordered to kill, Tutsi women and girls after raping and publicly humiliating them.
The accused denied all charges before Judge Erik Møse in Trial Chamber One of the ICTR. He is represented by Professor James Mwene Songa and Kazadi Kabimba, both from the Kinshasa Bar (Democratic Republic of Congo).
Son of Manasse Ntamakemwa and Thamar Mukamugema, Muhimana was a businessman before being elected counsellor of Gishyita in 1988. He remained in the post until the end of July 1994.
He was arrested in Tanzania on November 8, 1999 and trasferred the same day to the United Nations Detention Facilities (UNDF) in Arusha.
No date yet has been fixed for his trial.
KN/CE/FH (MM’0130c)
JANUARY 30th 2004
_________________________________________________
ICTR/MILITARY I
BAGOSORA WAS TWO FACED, SAYS MAJOR BEARDSLEY
Arusha, January 30th 2004(FH) - The personal assistant to general Romeo Dallaire during the time of the genocide, Major Brent Beardsley told the International Criminal Tribunal for Rwanda (ICTR) on Friday that the former director of cabinet in the Ministry of Defence, Colonel Theoneste Bagosora, “was two faced”.
Major Beardsley is the 38th prosecution witness in the so-called “Military I” trial involving Bagosora and three other senior former military officials.
The Major told the court that the United Nations Mission Assistance to Rwanda (UNAMIR) was sent to Rwanda soon after the Arusha peace accord of the 14th of August, 1993 was signed, and met with the two signing parties in several meetings.
It was in such a meeting the witness recounted, that he realized, “Bagosora was two faced, he had a social face and a business face. During the breaks he was very friendly towards the UNAMIR but he had little interaction with the RPF.”
Bagosora was then leading the delegation of the government of Rwanda.
In the first two meetings which took place on August 23 and 27, he recalled how Bagosora “ did all the talking. Nobody else spoke for the government, Bagosora clarified the government position on the Arusha peace accord.”
The witness also said that he observed that everybody else spoke to Bagosora as their leader. “You could see that they were subordinates speaking to their leader,” he said.
The prosecution maintains that Bagosora is the ‘mastermind’ of the genocide.
Major Beardlsey then recounted how the situation had changed in Rwanda when he went back there in November of the same year.
Among these changes, the witness mentioned divisions in some political parties and the creation of militia. Regarding Bagosora, he said that he “was cooperative and positive before September 1993, and became confrontational after that.”
All these factors led to an atmosphere of insecurity, Beardsley said,. He evoked in particular the massacre of children, around the end of November in Ruhengeri (North) and Gisenyi (North west).
UNAMIR decided to set up a joint board of inquiry (including FAR and RGF) to investigate the massacres. “Children were strangled and killed,” the major said, narrating that he personally went to the scene to investigate the
sight.
Major Beardsley will continue being chief examined next Tuesday. Monday is a public holiday in Tanzania. Three other prosecution witnesses namely EQ, DCB and XAF have been lined up to testify next week.
Bagosora is jointly accused with Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western Rwanda), general Gratien Kabiligi who was responsible for military operations at the headquarters of the army and Major Aloys Ntabakuze who was in charge of the Kanombe para-commando battalion.
The trial had been delayed for two-days when defence counsels had gone on strike regarding their rights and those of their clients. The lawyers
called off the strike on Friday morning after what they say is, “agreement by the registrar to comply with some of their requirements.”
This trial is taking place in chamber one of the ICTR, presided by Norwegian judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy From Fiji.
SV/CE/FH (ML’0130e)
JANUARY 30TH 2004
_________________________________________________
ICTR/BUTARE
DEFENCE COUNSELS BACK IN COURT WITH THEIR CLIENTS
Arusha, January 30, 2004 (FH) – The four defence counsels who boycotted Thursday’s session in the so called “Butare trial” that groups six genocide suspects, were present in court on Friday along with their clients as ordered by Trial Chamber Two the previous day.
The trial resumed with the cross-examination of the twenty fourth prosecution witness dubbed SX to conceal his identity. The witness had not been able to proceed with his testimony after his examination in chief on Tuesday, following a two-day strike by the defence counsels.
Trial Chamber Two of the International Criminal Tribunal for Rwanda (ICTR) was expected to continue with the hearing on Thursday after adjournment on Wednesday , but when it resumed, only two accused out of six were there with their counsels.
The accused in this case include two former Butare prefects, Alphonse Nteziryayo and Sylvain Nsabimana, two former Mayors, Joseph Kanyabashi of Ngoma commune and that of Muganza commune Elie Ndayambaje and the former minister of Family and Women Affairs, Pauline Nyiramasuhuko together with her son Arsene Shalom Ntahobali.
The testimony of SX largely touched upon one of the accused, Arsene Shalom Ntahobali on the killings at a roadblock near his mother’s house, and rape allegations.
During cross-examination, Ntahobali’s co-counsel, Normand Marquis from Canada cited some contradictions between the witness’s oral and written testimonies as presented.
He pointed out that while the witness told the chamber that the accused had a pistol among the weapons he possessed during the killings and that the
presidential guards were also present at the roadblock, there was nothing on these two issues in his 1997 written statement.
Responding to the criticism the witness said “ I could not tell everything at once.”
Most of the cross examination was conducted in camera. SX concluded his testimony on Friday. The trial is expected to continue next Tuesday, Monday being a public holiday in Tanzania.
This trial is taking place in Trial Chamber Two, presided over by Judge William Hussein Sekule of Tanzania and assisted by Judges Arlette Ramaroson from Madagascar and Salome Bossa of Uganda.
NI/KN/CE/FH (BT’’0130e)
JANUARY 30TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
RWANDAN SENATOR COMPLETES TESTIMONY
Arusha, January 30th 2004 (FH) -The Vice-President of Rwandan senate, Prosper Higiro, on Friday finished testifying before the International Criminal Tribunal for Rwanda (ICTR) in the trial involving four former Rwandan cabinet ministers.
The former ministers in the trial known as Government II are Casimir Bizimungu, former Minister of health, Justin Mugenzi, former Minister for commerce, Jérôme Bicamumpaka, former minister of Foreign Affairs and Prosper Mugiraneza, former minister of Public Service. They all face six counts of genocide and crimes against humanity.
As he was completing his testimony, Higiro said during cross-examination by Bizimungu’s lead counsel, Michelyne Chénard-St-Laurent (Canada), that he was
unaware that a meeting had been held by RPF leaders to plot the assassination of President Juvenal Habyarimana in 1993.
St-Laurent had inquired from the witness if he knew that the meeting had been held by RPF leaders led by the current Rwandan President Paul Kagame in Burkina Faso on March 31st, 1994.
Higiro who is also Chairman of the Liberal Party (PL) had been testifying since Monday 26th January.
His chief evidence was mainly on Mugenzi who was the PL chairman between 1991 and 1992.
The next witness could not take the witness stand because Bizimungu’s defence has filed a motion to have the witness stopped from testifying at the moment.
Bizimungu’s co-counsel Alexandra Marcil told the trial chamber that they have not prepared their case on the next prosecution witness since, she said, the prosecutor has failed to call its witnesses in the order they are listed.
She further claimed that the prosecutor has presented a new list of witnesses.
The prosecution will respond to the motion on Tuesday. The trial was adjourned to Tuesday because Monday is a public holiday.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0130e)
JANUARY 29TH 2004
_________________________________________________
ICTR/ GOVERNMENT II
TRIAL CONTINUES IN THE ABSENCE OF THREE ACCUSED
Arusha, January 29th 2004(FH) – Proceedings in the trial involving four former Rwandan Ministers went on at the International Criminal Tribunal for Rwanda on Thursday in the absence of three of the four accused.
Only one suspect, Justin Mugenzi, former Minister of Commerce, was present in court. Mugenzi is in a joint trial with Casimir Bizimungu, former
Minister for health, former minister of Foreign Affairs Jérôme Bicamumpaka, and Prosper Mugiraneza, former minister of Public Service.
The presiding judge, Asoka de Zoyza Gunawardana (Sri Lanka), ruled that the case could proceed even though the other suspects were not present. He then directed Mugenzi’s lead counsel, Howard Morrison, to continue with the cross-examination of the eighth prosecution witness, which he did. All the other three lead counsels for the three accused were also in court.
The eighth prosecution witness, Prosper Higiro, the Vice-President of the Rwandan Senate, who started testifying on Monday, is still at the witness stand.
Higiro, the chairman of Liberal Party (PL), testified mainly against Mugenzi who was the chairman of PL between 1991 and 1993.
He will continue being cross-examined by Mugenzi’s defence on Friday morning.
Bizimungu’s lead counsel, Michelyne Chénard St-Laurent, told the trial chamber that the accused had stayed away because they have several grievances, which she was unable to deliver to the court immediately.
She also referred to the defence counsels’ strike, linked with problems they encounter with the ICTR administration, saying that the code of ethics does not allow them to boycott proceedings.
The defence counsels began a three day strike on Wednesday for what they termed as lack of respect for their rights by the tribunal’s administration.
Among the complaints which they term as “harassment by the Registrar, are difficult and long procedures they undergo during visits to their clients at the United Nation Detention Facility. They also claim that the Registrar has subjected them to justify in detail their payments, a procedure beyond the normal verification.
The defence teams are expected to meet with the President of the tribunal, Judge Erik Mose (Norway), on Thursday evening.
Government II Trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya)
and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0129e)
JANUARY 29TH 2004
_________________________________________________
ICTR/BUTARE
FOUR DEFENCE COUNSELS ORDERED TO APPEAR IN COURT
Arusha, January 29, 2004 (FH) – Trial Chamber Two of the International Criminal Tribunal for Rwanda (ICTR), on Thursday ordered four defence counsels who boycotted the session in the so called “Butare trial” to appear in court on Friday morning to enable the proceedings to continue.
On the same note the presiding Judge, William Hussein Sekule of Tanzania invited the accused who were not present along with their counsels to attend the session.
Butare trial was adjourned on Wednesday, the first day of a three-day strike launched by defence counsels at the ICTR. The trial was expected to continue on Thursday, but when it resumed, only two accused out of six were there with their counsels.
The two suspects are Joseph Kanyabashi, former Mayor of Ngoma commune and that of Muganza commune , Elie Ndayambaje. The two had also attended the opening session on Wednesday but the court decided to postpone the hearing hoping that others would call off the strike and come to court the following day.
The four accused who did not appear include two former Butare prefects, Alphonse Nteziryayo and Sylvain Nsabimana and the former minister of Family and Women Affairs, Pauline Nyiramasuhuko and her son Arsene Shalom Ntahobali.
Trial Chamber One had earlier in the morning adjourned the so called ‘Military I’ trial which groups together four former Rwandan senior military officers (ex-FAR) on similar grounds. It is also expected to resume on Friday.
Judge Sekule is assisted in Chamber Two by Judges Arlette Ramaroson from Madagascar and Salome Bossa of Uganda.
NI/KN/CE/FH (BT’’0129e)
JANUARY 29TH, 2004
__________________________________________________________________
ICTR/MILITARY I
SYNTHESIS: BAGOSORA, DALLAIRE’S MAIN TARGET
Arusha, January 29th, 2004 (FH) – Considered by the prosecution as the “mastermind” of the genocide, the former director of cabinet in the Rwandan ministry of defence, Colonel Theoneste Bagosora, was the main target of Lieutenant General Romeo Dallaire’s testimony.
The retired general testified from January 19 to 27, 2004 at International Criminal Tribunal for Rwanda (ICTR) in the trial where Bagosora is jointly tried with three other senior officers in the former Rwandan army (ex-FAR), in the Military I case.
Just like most of the officers in his generation, Col. Bagosora comes from the northern parts of Rwanda. Born in 1941 in Giciye commune (Gisenyi province), just a short distance from Karago, the home town of President Juvenal Habyarimana, Bagosora graduated from the Officers Academy of Kigali in 1964.
He would later on go through the French War College before being named as the deputy commandant of the Military Academy (Ecole supérieure militaire- ESM) in Kigali. He later became commandant of Kanombe military barracks, post he occupied up to June 1992, when he was appointed director of cabinet in the ministry of defence.
Although he retired the following year, Bagosora nevertheless retained his political post.
When rebels of the Rwandese Patriotic Front (RPF) overran most of Rwanda in July 1994, Bagosora, just like many other government officials, sought refuge in the former Zaire (now the Democratic Republic of Congo). His exile would later take him to Cameroon, where he was arrested in March 1996.
Bagosora and the Arusha Accords
Even though Bagosora left a legacy in the formation and command of the ex-FAR, it was while he was the director of cabinet in the ministry of
defence that he left an indelible mark in Rwanda’s history books.
It was in that capacity that he took part in negotiations with the RPF in the Tanzanian town of Arusha, where he is being held. After a year of
negotiations, a peace treaty was finally signed in August 1993.
But according to Dallaire, Bagosora only paid lip service to the treaty. In his view, “the peace accords were against the interests of the government and the Hutu population in general”, alleged Dallaire.
Bagosora’s indictment reads in part the he “openly manifested his opposition to the concessions” made to the RPF by the government’s representative, Boniface Ngulinzira. The latter was killed during the genocide.
Bagosora is alleged to have walked out of the negotiations “saying he was returning to Rwanda to prepare the apocalypse”.
The indictment continues that Bagosora and other officers “publicly stated that the extermination of Tutsi would be the inevitable consequence of any resumption of hostilities by the RPF or if the Arusha Accords were implemented”.
Swaying towards a Coup d’Etat
Shortly after the death of President Habyarimana on April 6, 1994, the “inner circle” grouped itself around Colonel Theoneste Bagosora, who became the “de facto” master of the country.
According to General Dallaire, in the absence of the minister of defence who was on an official mission to Cameroon, Bagosora assumed total control and became “the boss”.
The Canadian General recollected that the accused chaired a meeting on the night of April 6, 1994, in which he refused to recognise Prime Minister Agathe Uwilingiyimana’s authority.
Dallaire said that Bagosora allegedly declared during the meeting that Uwilingiyimana had “no authority whatsoever and that the country did not
recognise her as a leader”.
From the night of April 6, it was Bagosora who “retained that authority and certainly exercised it”, he added.
The witness continued that it was clear that Bagosora was thinking of a Coup d’Etat. In the early hours of April 7, 1994, Agathe Uwilingiyimana was assassinated by soldiers of the Rwandan army. Ten Belgian peacekeepers detailed to protect her were also killed on the same day.
General Dallaire, who met with Bagosora several times during the genocide, reported that the accused remained stone-faced in the midst of the genocide, something that intrigued the General and made him suspect that the genocide had been planned.
“I have never seen someone remain so calm, perfectly at ease despite the situation”, declared Dallaire, adding that it was as though “everything was going according to plan”.
No show of emotion
With his chubby wrinkled, face, the accused impeccably dressed as usual, sat stone-faced and attentively followed the general’s testimony. No emotion escaped from him as incriminating evidence showered down on him.
As is the practice at the ICTR, Bagosora never opened his mouth during the proceedings to give his own account of events. It was his Franco-Martinique lead counsel, Raphael Constant, who, during cross-examination, tried to punch holes into the witness’s allegations that Bagosora controlled both the army and the militia.
The defence will at a later time be given a chance to call its own witnesses, and the accused can also take the witness stand.
When, in June 1997, Bagosora had demanded for a new lawyer following a conflict with his previous one, he had stated that: “My trial is more of a political nature than it is judicial. Many countries are implicated in my trial”.
Colonel Bagosora is jointly charged with the former head of military operations of the army, General Gratien Kabiligi, the former army commander of Gisenyi region, Lieutenant Colonel Anatole Nsengiyumva, and Major Alloys
Ntabakuze, former commander of the Para-commando battalion of Kigali.
KN/ER/AT/CE/FH (ML' 0129c)
JANUARY 29th 2004
_________________________________________________
ICTR/MILITARY I
ICTR PRESIDENT ANGRY WITH DEFENCE LAWYERS STRIKE
Arusha, January 29th 2004(FH) - The president of the International Criminal
Tribunal for Rwanda (ICTR), Judge Erik Mose of Norway, on Thursday today
expressed anger at the defence lawyer’s strike.
Judge Mose was addressing Trial chamber I in which he is the presiding judge
in the ‘Military I’ trial involving four senior former military officials.
“The method chosen by the defence is unacceptable and does not serve their
interest. The chamber resolves that appropriate channels should be followed
and not by delaying the trials,” he said.
“We do not see any lead counsels and there are also no accused. But we shall
proceed,” he added.
Both the accused and the defence counsels in this trial boycotted
Proceedings for the second day.
On her part, the prosecuting counsel Barbara Mulvaney of the USA called upon
the court to initiate a contempt of court on the part of the defence. “The
tactics they have used are beyond what any of us can do to help, a contempt
of court should be initiated. We the prosecution are ready to proceed with
the direct examination of Major Brent Beardsley,” the 38th prosecution
witness in this case.
At the time of the genocide in 1994, Major Beardsley assisted the former
United Nations Assistance Mission to Rwanda (UNAMIR) commander, General
Romeo Dallaire.
“The defence have rights and counsels have a duty, they should be dealt with
differently,” adding that “counsels have violated rules. we have a witness
and it is our position (prosecution) that we should continue with the
trial.”
Ms Mulvaney said the prosecution estimated that Major Beardsley will testify
for at least two days. Shortly afterwards, Presiding Judge Mose declared the
proceedings adjourned for unlimited time.
The court resumed again after 45 minutes. Judge Mose said, “The prosecution
has called upon the trial chamber to continue with the trial. The trial
chamber has resolved that the defense cannot delay the proceedings
indefinitely.”
He insisted that Major Beardsley was an important witness whose testimony
was closely linked with testimony of general Dallaire and concluded that,
“the chamber will be obliged to proceed if this situation (the strike)
continues”.
The trial was adjourned to Friday the 30th of January.
The defense counsels have gone on strike since Wednesday over what they term
as “the deterioration of their working conditions including repeated lack of
respect of the rights of the accused and a show of disrespect to the
lawyers”.
The president has met with lawyers’ representatives but was unable to
convince them to put off the strike.
SV/CE/FH (ML’0129e)
JANUARY 28th, 2004
_________________________________________________
ICTR/GOVERNMENT I
GOVERNMENT I TRIAL ADJOURNED AGAIN TO MARCH 15, 2004
Arusha, January 28th, 2003 (FH)-The joint trial of four former members of the Rwandan government facing genocide and other related charges at the International Criminal Tribunal for Rwanda (ICTR), was on Wednesday put back to March 15, 2004.
The trial had been scheduled to resume on January 28, but some outstanding issues have not yet been resolved.
The major cause for adjournment was the request by the prosecution to amend the indictment to include new elements. The issue is still under deliberation.
Trial Chamber Three of the ICTR hearing the case had on January 19 requested the prosecutor to file a draft amendment of the indictment by January 23.
Another issue that has caused the delay is the appointment of a new defence team for one of the accused, Edouard Karemera, former minister of interior and vice-president of the ruling party, the MRND.
Karemera's previous lead counsel, Didier Skornicki, stepped down because of illness late last year. He was replaced in the middle of this month by Dior Diagne from Senegal.
Diagne had previously worked on the defence of Joseph Nzirorera, Secretary General of the MRND and minister of interior, one of the co-accused in the so-called Government Itrial.
The other accused in this joint trial are the former president of MRND, Mathieu Ngirumpatse, and Andre Rwamakuba, former minister of primary and secondary education.
Rwamakuba has boycotted the trial ever since it began, saying that his case file had been manipulated by the prosecutor.
So far the prosecution has already called eight witnesses, most of whom incriminated Joseph Nzirorera and Andre Rwamakuba.
Nzirorera is accused of organizing massacres in his hometown of Ruhengeri (northern Rwanda) while Rwamakuba is accused of massacres carried out in the town of Butare (southern Rwanda).
Chamber Three of the ICTR is composed of
Judge Andresia Vaz from Senegal, (presiding) and ad litem judges Flavia Lattanzi from Italy and Florence Rita Arrey from Cameroon.
KN/CE/FH (GVI'0128E)
JANUARY 28TH 2004
_________________________________________________
ICTR/BUTARE
BUTARE TRIAL ADJOURNS AS LAWYERS STRIKE
Arusha, January 28, 2004 (FH) - Trial Chamber Two of the International Criminal Tribunal for Rwanda (ICTR), was on Wednesday afternoon compelled to adjourn the so-called “Butare trial” that groups together six genocide suspects.
The adjournment was caused by the absence of most defence counsels and their clients. The defence counsels at the Tribunal have gone on strike since Wednesday morning. They announced the strike could last three days, if not more.
Two other trials with four suspects each were also adjourned during the morning sessions on similar grounds.
Five members of the ICTR Defence Counsel Executive Committee issued a communiqué on Tuesday stating that they would go on strike for three days for what they called “lack of respect of the rights of the defence” by the ICTR administration.
Of the six accused persons in the Butare trial, only two were in attendance with their defence counsels; Sylvain Nsabimana, former Butare prefect and Joseph Kanyabashi, former Mayor of Ngoma commune.
Prosecutor Jonathan Moses told the court that he was ready to proceed with the trial as scheduled by cross examining protected witness XX who testified on Tuesday mainly against the former militia leader, Arsene Shalom Ntahobali.
Earlier Judge Sekule told the parties present that the President of the Tribunal, Judge Eric Mose, had met with representatives of the defence counsels the day before and assured them that the tribunal was ready to discuss with them, provided they called off their strike and went back to work.
“Most of them have simply abandoned the proceedings,” he narrated. He then adjourned the session until Thursday afternoon.
Other accused in this case include another former Butare prefect, Alphonse Nteziryayo, former Mayor of Muganza commune Elie Ndayambaje, and the former minister of Family and Women Affairs, Pauline Nyiramasuhuko. The latter is also the mother of the accused, Arsene Shalom Ntahobali.
Charges against them include genocide, crime against humanity, complicity to commit genocide and rape. They have denied the charges.
Judge Sekule is assisted in Chamber Two by Judges Arlette Ramaroson from Madagascar and Salome Bossa of Uganda.
NI/KN/CE/FH (BT’’0128e)
JANUARY 27TH 2004
_________________________________________________
ICTR/BUTARE
SHALOM RAPED AND KILLED A YOUNG LADY-SAYS WITNESS
Arusha, January 27, 2004 (FH)-The twenty fourth prosecution witness in the so called "Butare trial" Tuesday told the International
Criminal Tribunal for Rwanda (ICTR) that he witnessed one of the accused, Arsene Shalom Ntahobali, raping a young lady and later killing her by striking her forehead with an small axe.
The witness code-named "XX" to conceal his identity for security reasons, was testifying in a joint trial involving six accused
persons from Butare prefecture (southern Rwanda), including Shalom's mother, former minister of Family and Women Affairs, Pauline
Nyiramasuhuko.
Witness XX was being led in his examination in chief by ICTR trial attorney Jonathan Moses. Earlier the witness alleged that a roadblock was erected near the house of the former minister where Interahamwe militia allegedly stopped Tutsis and killed them.
Without mentioning the date, the witness told Trial Chamber Two of the ICTR that "many people" were killed at the roadblock under the
orders and supervision of Shalom. XX claimed he was monitoring the killings from a house nearby where he was hiding.
He said when the killings slowed down just before dark he went to the Anglican Church complex (EER) where he saw Shalom together with the young lady.
From a distance, the witness watched as Shalom forcibly undressed the lady and raped her. "Later, he struck her with a small axe and
killed her," he narrated.
Other suspects in this case include two former Butare prefects, Alphonse Nteziryayo and Sylvain Nsabimana and two former Mayors, Elie Ndayambaje of Muganza commune and Joseph Kanyabashi of Ngoma commune.
Charges against them include genocide, crimes against humanity, complicity to commit genocide. They have pleaded not guilty to all
charges.
Witness XX took over the stand unexpectedly because a witness who had been scheduled by the prosecution, another protected witness code-named "QBQ", was still under medical attention since Monday. The trial is expected to continue on Wednesday.
The case is being heard in Trial Chamber Two presided over by Judge William Hussein Sekule of Tanzania who is assisted by Judges Arlette Ramaroson from Madagascar and Salome Bossa of Uganda.
NI/KN/AT/FH (BT''0127e)
JANUARY 27th 2004
_________________________________________________
ICTR/MILITARY I
RPF SOLDIERS DISPLACED THOUSANDS OF REFUGEES
Arusha, January 27th 2004(FH)- The former commander of the United Nations Assistance Mission to Rwanda (UNAMIR), General Romeo Dallaire, told the International Criminal Tribunal for Rwanda (ICTR) that when he went to Rwanda for the first time in 1994, the RPF (Rwandese Patriotic Front) invasion had displaced more than 400,000 people.
Gen. Dallaire was being cross-examined by a defence counsel for one of the accused in the so-called Military I trial on how a reconnaissance mission he was headed prior to his deployment in Rwanda dealt with the RPF.
Many people were moved down from the RPF battle zone and the demilitarized zone, I found about 400,000 people had fled to North Kigali, said the general.
The defence counsel then put it to the witness that the RGF (Rwanda Government Forces) thought it was unfair that they were being asked to do more than the RPF when they were asked to withdraw 10 km into their territory because the RPF could not go back into Uganda where they came from.
The general explained to the tribunal that there was a joint military committee from both sides which discussed and agreed on an area which was identified as a demilitarized zone (DMZ). And that the Organization of African Unity (OAU) provided observers to foresee any problems with both parties.
According to his testimony, the zone varied in distance, being wider in areas around Byumba and Ruhengeri, and thinner towards the Ugandan border where there was little or not distance defining the military zone.
When the RPF invaded, it was proposed in the joint military committee that because the RPF came from Uganda and had no land in Rwanda, the RGF be deployed back 10 km in order to maintain the demilitarised zone, he pursued.
Dallaire, who is the 37th prosecution witness, said, the RPF had fought hard to obtain the terrain they had and were finding it difficult to give it to the RGF.
The defence inquired from the witness on the action he took as a UNAMIR commander to ensure that the RPF did not invade the demilitarized zone, which they did on a number of in violation of the accords.
"I did not have equipment like Night Vision systems and helicopters to oversee the mountainous areas
where the RPF occupied at the same time the NRA in Uganda were making it difficult for UN peacekeepers to conduct surveillance.", he said.
However the 37th prosecution witness went on to say that UNAMIR intervened and ensured that the DMZ was preserved according to the peace accord. "I received reports, I personally flew to the area, I told Kagame to pull out the troops and he did."
He later added that UNAMIR's role was not to talk about the tactical operation and strengthening of the two armies but to inform the two sides that they were supposed to act according to the peace accord. He further said, : "Our role was to inform the troops leaders that they are in a process of demobilizing and promoting security and not creating a war scenario."
The defense counsel challenged the former commander regarding the Arusha accord being lopsided supporting the RPF. The general insisted that even though the RPF as a rebel force got all they wanted after the accord, UNAMIR did not side with either party.
The Arusha peace accord was more advantageous to the RPF as a rebel group than to the RGF but the government had signed the accord. The military side was there to make things work under directions we had been given by political leaders General Dallaire said.
He pursued that, "We (UNAMIR) discovered more information that the tension would break up more but it only made us and Booh Booh (Jacques Roger, the Special Representative to the Secretary General), determined to work and not make the country go to hell, that's why we stayed."
He added that, "I did not agree with the solutions of General Paul Kagame who threatened that if the political scenario doesn't work, the RPF would go to war."
The military trial involves, the former director of cabinet in the Rwandan ministry of defense, Colonel Theoneste Bagosora,Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western Rwanda), general Gratien Kabiligi who was responsible for military operations at the headquarters of the army and Major Aloys Ntabakuze who was in charge of the Kanombe para-commando battalion.All have pleaded not guilty to genocide, crimes against humanity and war crimes.
Dallaire finished giving his testimony Tuesday and his former aide, Major Brent Beardsley is slated to be the next witness.
This trial is taking place in Chamber one of the ICTR, presided by Norwegian judge ErikMose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy from Fiji.
SV/KN/AT/FH(ML''0127G)
JANUARY 27th 2004
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ICTR/MILITARY 1
"I WILL NEVER BE FINISHED WITH RWANDA", SAYS DALLAIRE
Arusha, January 27th 2004 (FH) -The former commander of the United Nations Assistance Mission to Rwanda (UNAMIR), general Romeo Dallaire on Tuesday said at the International Criminal Tribunal for Rwanda (ICTR) that he will "never be finished with Rwanda".
He was responding to questions from international and local journalists during a press conference held after completing his testimony in the so-called "Military I trial".
The general said: "Those who have experienced it will never be finished, as in the horrors the structure and all that surrounded it will never let us be finished with Rwanda".
He added that he intends to return to Rwanda. "The opportunity I hope, will present itself that I may spend a couple of years in Rwanda mourning and also re-establishing contacts with the spirits".
The general told journalists "I have been waiting a long time to be able to testify and I feel that I have been able to testify to my best and to the maximum of what I hope to be able to provide to this court"
The general has been affected by what he witnesses in Rwanda. He has attempted to commit suicide twice and is undergoing psychotherapy to try to overcome what he witnessed.
Asked if he was relieved after testifying at the tribunal, the general responded, "I am not sure I am relieved yet, but there are parts of the testimony that came and flowed in a more technical fashion but other parts we were attempting to describe events. So what I found myself doing was reliving the event by describing the event"
"Those emotions are for me to try and identify and quantify and maybe some day I will be able to give you a decent answer on this", he said.
Before completing, the general acknowledged that, This tribunal has a lot of work. It has been doing a lot of work and it is part of an international will by many of us to do everything we can to bring more human rights violations to the forefront and to try and eliminate impunity"
The former commander also praised journalists for continuing to inform the world about the genocide. He said, "Thank you for what you are continuing to do to inform the world and bring justice to a terrible justice that happened 10 years ago".
Journalists from around the world have in the past week come to the tribunal to witness and give coverage to the general's testimony.
General Dallaire was the former UNAMIR commander from October 1993 to August 1994. He says that he tried to call upon the International community to help sort out the Rwandan situation. He said that after the killing of 10 Belgian Blue helmets who were guarding the prime minister on the 7th of April, the United Nations reduced the number of peace keepers from 2,300 to a mere 500.
The general said that with a minimum number of staff he was not able to save Rwanda from the genocide which claimed the lives of 800,000 Tutsis and moderate Hutus.
His testimony is considered the most important in the military trial because he monitored closely the activities of the military during the time. He testified mainly against Bagosora.
Bagosora is co-accused with Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western Rwanda), general Gratien Kabiligi who was responsible for military operations at the headquarters of the army and Major Aloys Ntabakuze who was in charge of the Kanombe para-commando battalion.
All have pleaded not guilty to genocide, crimes against humanity and war crimes.
The trial is taking place in Chamber one of the ICTR, presided by Norwegian judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy from Fiji.
SV/KN/AT/FH (ML''0127E)
JANUARY 27th 2004
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ICTR/MILITARY I
GENERAL DALLAIRE COMPLETES SEVEN DAY TESTIMONY
Arusha, January 27th 2004(FH) The former commander of the United Nations Assistance Mission to Rwanda (UNAMIR), general Romeo Dallaire Tuesday completed his testimony before the International Criminal Tribunal for Rwanda (ICTR) where he was testifying in the so-called "Military I" trial.
The trial involves, the former director of cabinet in the Rwandan ministry of defense, Colonel Theoneste Bagosora, Lieutenant Colonel Anatole Nsengiyumva who was in charge of the Gisenyi military area (western Rwanda), general Gratien Kabiligi who was responsible for military operations at the headquarters of the army and Major Aloys Ntabakuze who was in charge of the Kanombe para-commando battalion.
All have pleaded not guilty to genocide, crimes against humanity and war crimes.
During the afternoon session, the defense counsels continued to cross-examine the 37th prosecution witness on the same lines as previous counsels did.
The commander was later re-examined by the prosecuting counsel Mr. Drew White
During his entire testimony, the general provided detailed information regarding the decisions and actions he took during his period of service which begun in October 1993 and ended in September 1994.
The military trial continues on Wednesday with the testimony of Major Brent Beardsley who assisted the general in Rwanda during that time.
The trial is taking place in Chamber one of the ICTR, presided by Norwegian judge Erik Mose, assisted by judges Serguei Egorov from Russia and Jai Ram Reddy of Fiji.
SV/KN/AT/FH (ML''0127F)
JANUARY 27TH 2004
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ICTR/ GOVERNMENT II
WITNESS RECOUNTS HOW HE ESCAPED FROM ATTACKERS DURING THE GENOCIDE
Arusha, January 27th 2004(FH)- The vice-president of the Rwanda Senate, Prosper Higiro, Tuesday testified at the International Criminal Tribunal for Rwanda on how he eluded attackers during the 1994 genocide.
Higiro who is the eighth prosecution witness in the trial of four former Rwandan ministers, said he separated from his family on the morning of April 7th 1994 and hid in a neighbour's house.
He said that shortly afterwards he heard grenades being thrown at his residence near Kanombe Airport in Kigali. When the attackers realized there was no one in the house they left.
Higiro, who is also the chairman of the Liberal Party (PL), stayed at his neighbour's house until April 11th 1994 when RPF soldiers took him with his family to the CND building.
The witness explained that when he heard of President Juvenal Habyarimana's death, he anticipated that killings would occur.
Earlier attempts by Higiro to flee the country to Tanzania shortly before the death of Habyarimana flopped when the RTLM broadcast that he was in Kibungo as a spy of RPF.
He had gone to Kibungo so as to cross to Tanzania from there. He added that he immediately went back to Kigali since he knew he would be killed if he proceeded to the border. From then, he decided to sleep in hotels because he knew he was a wanted man.
After the witnesses completed his testimony in chief, the trial chamber rejected a motion by the defence of former minister of Commerce, Justin Mugenzi, which sought to have sections of his oral evidence expunged.
Mugenzi is being tried jointly with former minister of Health, Casimir Bizimungu, the former minister of Foreign Affairs Jérôme Bicamumpaka, and Prosper Mugiraneza, former minister of Public Service. They all face six counts of genocide and crimes against humanity.
Mugenzi's co-counsel, Ben Gumpert from United Kingdom, argued the oral motion shortly after Higiro, completed his evidence in chief.
Gumpert argued that the prosecution had failed to disclose to the defence the entire evidence of Higiro .The witness mainly testified against Mugenzi who, in 1991, was the chairman of PL.
"A very considerable portion of this witness's evidence is entirely new", Gumpert stated.
He asked the trial chamber to reject the new testimony of Higiro adding that its admission would amount to abuse of Mugenzi's rights to a fair trial.
Presiding Judge Asoka de Zoyza Gunawardana (Sri Lanka) ruled that the oral evidence by Higiro was not new and can be challenged by Mugenzi's defence in cross-examination. He dismissed the motion.
Higiro will be cross-examined on Wednesday by Mugenzi's counsel.
Judge Gunawardana (Sri Lanka) is assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan) in Trial Chamber Two of the ICTR.
PJ/KN/AT/FH (GVII''0127e)
JANUARY 22ND 2004
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ICTR/ GOVERNMENT II
BIZIMUNGU’S DEFENCE ASKS FOR EXCLUSION OF WITNESSES
Arusha, January 22nd , 2004(FH) – The defence of former Rwandan minister and genocide suspect Casimir Bizimungu on Thursday applied to have evidence of
five prosecution witnesses disregarded at the International Criminal Tribunal for Rwanda (ICTR).
Bizimungu a former Minister for health is in a joint trial with the former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service.
The motion filed on Monday, challenging the evidence, was argued in court by Bizimungu’s co-counsel Alexandra Marcil.
She told the trial chamber that.
Marcil argued that the evidence of the five witnesses are incriminating Bizimungu in regard crimes he allegedly committed in Ruhengeri, whereas, she argued, the indictment does not state facts on Bizimungu’s alleged crimes in Ruhengeri Prefecture during the 1994 genocide.
“We submit that the evidence by these witnesses should not be admitted,” she concluded.
The co-counsel also complained that the prosecution did not disclose the statements of the witnesses in question in time. This, she added, has not given the defence enough time to prepare their case.
“The interest of justice dictates that the evidence of the witnesses be excluded,” she said. Two of the five witnesses, GAP and GKB, and have already testified.
The prosecutor, Ibukunolu Babajide (Nigeria), responding to the defence motion, blamed the Bizimungu’s defence for lack of preparation. She argued
that the defence should have challenged the defects in the indictments earlier.
On the disclosure of the statements, the prosecutor stated that the prosecution disclosed them to the defence in a sufficient period.
“We have given sufficient notice about the specific participation in crimes by this accused (Bizimungu)” Babajide declared.
Babajide said the pre-trial brief was very specific and stated all the allegations to be made against each accused.
She then urged the court to dismiss in entirety the defence motion.
The court will deliver its decision on the motion next Monday. The trial continues on Friday with the cross-examination of the seventh prosecution witness GAP by Bizimungu’s defence.
The trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan).
PJ/CE/FH (GVII’0122e)
JANUARY 21st 2004
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ICTR/ GOVERNMENT II
WITNESS ACCUSES DEFENCE COUNSEL OF FORGING DOCUMENT
Arusha, January 21st, 2004(FH) - A prosecution witness in the trial of four former Rwandan ministers on Wednesday accused a defence counsel of
presenting to the International Criminal Tribunal for Rwanda (ICTR) a forged document on his oral confession to the Gacaca court .
The accused in this trial known as Government II are former minister of Health, Casimir Bizimungu, former minister of Foreign Affairs Jérôme Bicamumpaka, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service.
The seventh witness named GAP to keep his identity secret told the trial chamber that the document produced by Casimir Bizimungu’s lead counsel, Michelyne Chénard St-Laurent (Canada) was not his confession.
He stated that the signature in the document did not conform to his, adding that some of the information he gave to the Gacaca court had been expunged.
He claimed that he had mentioned Bizimungu during the confession but his name was not indicated in the document.
“The counsel (St-Laurent) made an arrangement to have Bizimungu’s name removed cleverly. I reject all these written statements because they are falsified” GAP declared.
GAP, a former policeman form Ruhengeri, is in prison awaiting sentence for his role during the genocide. He has admitted killing three people during the massacres.
The witness said he wrote to the Ruhengeri Public Prosecutor on August 12, 2002 pleading guilty and gave evidence in Gacaca between June and July 2003.
Earlier, while being cross-examined by Bicamumpaka’s counsel, Pierre Gaudreau (Canada), the witness said he should have been jointly tried with
the four ministers at ICTR because the accusations levelled against him are similar to those against them (ministers).
The trial continues with the cross-examination of GAP by St-Laurent on Thursday.
Government II trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0121e)
JANUARY 20TH 2004
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ICTR/ GOVERNMENT II
BICAMUMPAKA SAID ALL TUTSIS SHOULD BE HUNTED DOWN AND KILLLED, SAYS WITNESS
Arusha, January 20th, 2004(FH) – A prosecution witness on Tuesday told the International Criminal Tribunal for Rwanda (ICTR) that the former Rwandan
minister for foreign affairs Jérome Bicamumpaka asked Hutu civilians and the Interahamwe to hunt down and kill all Tutsi survivors in Ruhengeri Prefecture in April 1994.
The seventh prosecution witness dubbed GAP, to keep his identity concealed from the public, recalled that the minister made the inciting remarks during a meeting in Ruhengeri prefecture office.
He quoted Bicamumpaka as having said that “No Tutsi should survive in Ruhengeri Prefecture. All of them should be exterminated”.
GAP, who is testifying for the second day, added that the meeting was held to install a new prefect for Ruhengeri, Basile Nsabumugisha. He could not
remember the exact date of the meeting, saying that it was between April 19th and 25th .
Bicamumpaka is tried jointly in the trial known as Government II, with Casimir Bizimungu, former minister for health, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service.
Bicamumpaka told the gathering that he was representing Prime Minister Jean Kambanda in the installation of the new prefect. The prefect’s mandate
according the Bicamumpaka was to ensure that the task to eliminate the surviving Tutsis in the prefecture was achieved.
The witness, a former soldier and currently a detainee in Rwanda, said that as a result of Bicamumpaka’s utterances, he shot dead a Tutsi friend called Mathias Munyambibi who had taken refuge in his house.
“The statement (Bicamumpaka’s) meant every surviving Tutsi should be killed and anyone who was hiding the Tutsis should be killed along with them. That is why I killed Munyambibi,” GAP stated.
Prior to the massacres, GAP had attended meetings which started in January 1994 at the house of Joseph Nzirorera’s mother at Ruhengeri every last
Saturday of the month. Nzirorera was the President of the National Assembly and the Secretary-General of the MRND).
The meetings agenda according to the witness was “no Tutsi should survive in case the RPF resumed war”.
Apart from Bicamumpaka, Nzirorera, Casmir Bizimungu, Augustin Bizimungu, chief of staff of Army, and Juvenal Kajelijeli, former Mukingo mayor
attended and led the meetings. “The instructions given in such meetings were implemented in April1994 when we massacred Tutsis,” GAP said.
The trial continues on Wednesday with the cross-examination of GAP by Bicamumpaka’s lead counsel Pierre Gaudreau from Canada.
Government II trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan)
PJ/CE/FH (GVII’0120e)
JANUARY 19TH 2004
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ICTR/ GOVERNMENT II
TRIAL RESUMES WITH THE EVIDENCE OF SEVENTH PROSECUTION WITNESS
Arusha, January 19th, 2004(FH) -The trial of four former Rwandan cabinet ministers in the interim government resumed on Monday before the International Criminal Tribunal for Rwanda with the testimony of the seventh prosecution witness.
The trial formerly known as Government Two had been adjourned last December for the end of year break.
The suspects in the trial are Casimir Bizimungu, former minister for health, Jérôme Bicamumpaka the former minister of Foreign Affairs, that of Commerce, Justin Mugenzi and Prosper Mugiraneza, former minister of Public Service. They are each charged with six counts including genocide and crimes against humanity.
The seventh prosecution witness dubbed GAB to keep his identity secret told the trial chamber that he had attended a meeting at his commune called by senior government officials on the night of April 6th 1994 after the shooting down of the President Juvenal Habyarimanas jet.
The meeting was held at the house of Joseph Nzirorera's mother in Mukingo Commune (Ruhengeri Prefecture). Nzirorera was the President of the Transitional National Assembly and the Secretary-General of the MRND.
During the meeting, Bizimungu allegedly said, "the Tutsis have killed our president and all of them (Tutsis) have to be killed", according to the witness.
GAB a former soldier, added that on the morning of 7th April, roadblocks were mounted within the commune to screen Tutsis followed by the massacres.
He also confessed to having killed three people during the genocide. He said he killed one of the three persons at a roadblock following orders by Bizimungu.
The witness continues with his chief examination on Tuesday.
The so-called Government II trial is before Trial Chamber Two where Judge Asoka de Zoyza Gunawardana (Sri Lanka) is presiding assisted by judges Lee Muthoga (Kenya) and Khalida Rashid Khan (Pakistan).
PJ/KN/AT/FH (GVII'0119e)
JANUARY 26th, 2003
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ICTR/MILITARY I
SOME ELEMENTS OF EX-FAR WERE AGAINST THE WAR, SAYS DALLAIRE
Arusha, January 26th, 2003 (FH) - The former commander of the United Nations Assistance Mission to Rwanda (UNAMIR), General Romeo Dallaire (retired), Monday claimed before the International Criminal Tribunal for Rwanda (ICTR), that part of the former Rwandan armed forces (ex-FAR) were against the continuation of war in 1994.
Gen. Dallaire was testifying for the sixth day running in the trial of four senior army officers of the ex-FAR. He served in Rwanda from October 1993 to August 1994.
Dallaire named General Marcel Gatsinzi and General Leonidas Rusatira as among those who wanted a peaceful resolution of the conflict that pitted the army against the Rwandese Patriotic Front (RPF) now in power in Kigali.
Gen. Gatsinzi was named chief of staff of the army on April 7, 1994 but he was replaced nine days later by General Augustin Bizimungu.
The Canadian general continued that though Gatsinzi and "may be 40 or 60 percent" of the army were tired of the war and wanted a ceasefire with the RPF, another part of the army worked hand-in-hand with Interahamwe militia to undermine their efforts.
He claimed that "about 17,000 militia were trained in (army) camps" outside the normal structure.
The prosecutor describes the Interahamwe, the presidential guards and the Para-commando battalion as having "spearheaded" the genocide.
Topping the list in the so-called "Military I trial" is the former director of cabinet in the Rwanda minister of defence in 1994, Colonel Theoneste Bagosora. He is considered by the prosecution as the "mastermind "of the genocide.
Bagosora is jointly charged with the fo |