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Information, Documentation and Training Agency, Arusha (Tanzania): International Criminal Tribunal for Rwanda (ICTR)
ICTR - Sylvestre Gacumbitsi, former mayor
MARCH 1st, 2004
__________________________________________________________________
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
__________________________________________________________________
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)
NOVEMBER 25TH 2003
_____________________________________________
ICTR/ GACUMBITSI
GACUMBITSI DEFENCE COMPLETES ITS CASE
Arusha, November 25th, 2003 (FH) – The defence of former Mayor of Rusumo
(Kibungo prefecture), Sylvestre Gacumbitsi completed its presentation of
witnesses on Tuesday at the International Criminal Tribunal for Rwanda
(ICTR).
Gacumbitsi, 56, is facing five counts of genocide, crimes against humanity
and rape, which were committed in different parts of his commune in1994.
The former mayor was cross-examined by the prosecutor Mr. Richard Karegyesa
of Uganda, and later re-examined by the defence counsel Kouengoua who closed
the defense case.
During cross-examination, the prosecutor mainly focused on the whereabouts
of the accused at the dates when killings took place in Nyarubuye.
In most of his answers regarding his whereabouts, Gacumbitsi repeated he was
not there.
The trial has been adjourned to between March 1 and 3, when both parties
will present their closing arguments.
The presiding judge, Andrésia Vaz, nevertheless indicated that, if
necessary, these dates could be changed.
The trial began on July 28. Fifteen prosecution witnesses were heard until
August 27. The defence called its first witness on October 6, and has
presented twenty one since then.
The trial was before Trial Chamber Three of the ICTR, composed of Judges Vaz
from Senegal, Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram
Reddy from Fiji.
SV/CE/FH (Ga1125e)
NOVEMBER 20TH 2003
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ICTR/ GACUMBITSI
FORMER MAYOR OF RUSUMO TO DEFEND HIMSELF ON FRIDAY
Arusha, November 20th, 2003 (FH) – The former Mayor of Rusumo (Kibungo
prefecture, Eastern Rwanda), Sylvestre Gacumbitsi will on Friday defend
himself at the International Criminal Tribunal for Rwanda (ICTR) as the
twentieth and last defence witness in his trial.
The trial began on July 28, 2003 and is so far the fastest in the history of
the ICTR.
Gacumbitsi, 56, is facing five counts of genocide, crimes against Humanity
and rape, which were committed in different parts of his commune in1994.
According to the ICTR’s rules of procedure and evidence, accused persons may
testify on their own behalf, normally after all other defense witnesses.
Gacumbitsi’s testimony however comes earlier than planned after the trial
chamber withdrew a former “expert” witness.
Mr. Paschal Ndegejeho, who was a former minister for information had his
status changed to a factual witness. He requested 24 hours on Wednesday to
consult with other people. On Thursday he requested the trial chamber to
provide him more time to consult more people as to whether or not he should
accept to testify as a factual witness. The trial chamber did not grant him
his request.
“The trial chamber is of the opinion that you do not intend to testify, we
suppose you are not willing to testify and we take note of this,” presiding
judge Andresia Vaz said.
The lead defense counsel for Gacumbitsi, Mr. Kouengoua of Cameroon
immediately filed a motion citing rule 73 A which states that the defense
can be authorized to call another expert witness in order to obtain fair
justice.
The trial chamber denied this motion on grounds that the defence team has
had time to choose and organize the 20 witnesses it presented, as opposed to
the 15 witnesses presented by the prosecution.
Gacumbitsi will testify on Friday and next Monday. The chamber expects to
close the case by November 26.
The trial is being heard by Trial Chamber Three of the ICTR, composed of
judges Vaz from Senegal, Serguei Aleckseievich Egorov from Russia, and Jai
Ram Reddy from Fiji.
SV/CE/FH (Ga1120e)
NOVEMBER 18TH 2003
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ICTR/ GACUMBITSI
GACUMBITSI DID NOT INCITE KILLING OF TUTSI, SAYS WITNESS
Arusha, November 18th, 2003 (FH) – The twentieth defence witness in the
trial of genocide suspect and former Mayor of Rusumo (Kibungo prefecture,
Eastern Rwanda), Sylvestre Gacumbitsi, on Tuesday told the International
Criminal Tribunal for Rwanda (ICTR) that the suspect and other communal
officials did not incite killings of Tutsis in 1994.
“Nothing of the sort happened in our area”, the witness said in response to
a question by Gacumbitsi’s co-counsel Ann Mbattang of Cameroon during chief
examination.
The witness named XW15 to keep her identity secret testified that Gacumbitsi
and other officials of the Rusumo commune never distributed weapons during
the 1994 genocide as alleged by the prosecution.
According to the prosecutor, the accused organized the campaign against
Tutsi civilians in his commune, including holding meetings and distributing
arms to Interahamwe to kill Tutsis.
XW15 added that rapes of Tutsi women and girls did not occur in her local
area whose name she only mentioned in closed session.
Gacumbitsi is accused of circulating about Rusumo in a vehicle announcing by
megaphone that Tutsi women should be raped and sexually degraded.
The witness stated that she fled her rural home in April 14th 1994 because
houses were burnt down “by bandits”. The attackers, she said were arrested
by Gacumbitsi.”There were some people who had problems with Gacumbitsi and
they wanted to take possession of farm,”
At the beginning of the sessions, the chamber dismissed a motion by the
defence to reverse a decision by the chamber disqualifying a former Rwandan
Minister for Information, Pascal Ndengejeho, from testifying as an expert
witness. The Chamber on November 11th ruled that Ndegejeho can only testify
as a factual witness.
The trial was adjourned to Wednesday afternoon when Ndengejeho’s testimony
will be heard. Gacumbitsi will testify as the last defence witness after
Ndengejeho.
The trial is being heard by Trial Chamber Three of the ICTR, composed of
Judge Andrésia Vas from Senegal (presiding), Serguei Aleckseievich Egorov
from Russia, and Judge Jai Ram Reddy from Fiji.
PJ/CE/FH (GA’1118e)
NOVEMBER 17TH, 2003
_____________________________________________
ICTR/ GACUMBITSI
THE LAST SESSION OF THE TRIAL HAS BEGUN
Arusha, November 17th, 2003 (FH) – The last session of the trial of genocide suspect and former Mayor of Rusumo (Kibungo prefecture, Eastern Rwanda), Sylvestre Gacumbitsi, began on Monday at the International Criminal Tribunal for Rwanda (ICTR) with the testimony of the nineteenth defence witness.
The trial was adjourned on October 21, 2003 after the testimony of the eighteenth defence witness code- named MQ1.
The chief evidence of the nineteenth witness dubbed XW13 to keep her identity secret was taken entirely in closed session at the request of Gacumbitsi’s co-counsel Ann Mbattang (Cameroon). She told the chamber she she would divulge the reasons for her request in closed session.
Gacumbitsi, 56, is facing five counts of genocide, crimes against humanity and rape which were committed in different parts of his commune in1994.
According to the prosecutor, the accused had led an attack against people who had taken refuge at Nyarubuye Church, killing thousands of Tutsis in the process.
Earlier before the witness was summoned to testify, there was a debate between the prosecutor and Gacumbitsi’s lead counsel over a motion filed by the defence team.
The motion which was filed on Monday seeks to review a decision by the Trial Chamber disqualifying a former Rwandan Minister for Information, Pascal Ndengejeho from testifying as an expert witness. The Chamber on November 11th ruled that Ndegejeho could only testify as a factual witness.
Gacumbitsi’s lead counsel Kouengoua (Cameroon) asked the chamber in a written motion to reverse its decision. He told the chamber it has the power and right to review the decision, and pleaded for equity of procedure.
The prosecutor, Richard Karegyesa (Uganda) argued that the chamber should rather go further and not allow Ndengejeho to testify at all.
According to Karegyesa, the former minister of information took refuge at the French Embassy in Kigali from 8 to 12 April, 1994, before he was evacuated to Bujumbura, the capital city of neighbouring Burundi.
"He doesn’t know what happened in Rusumo", Karegyesa explained. "This witness only read articles in newspapers. I think everybody can do that", Karegyesa went on.
He also explained that the trial chamber did not have the right to reverse its decision at this stage, and that only the appeals chamber could, once the judgement has been rendered.
Basing himself on ICTR jurisprudence in case such as the media trial and Military I, counsel Kouengua ruled out the arguments developed by Karegyesa. The chamber will rule on the request. The trial continues on Tuesday with the evidence of the next defence witnesses.
The trial is being heard by Trial Chamber Three of the ICTR, composed of Judge Andrésia Vas from Senegal (presiding), Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy from Fiji.
PJ/CE/FH (GA’1117e)
NOVEMBER 14TH 2003
_____________________________________________
ICTR/GACUMBITSI
GACUMBITSI TRIAL TO RESUME ON MONDAY
Arusha, November 13th, 2003 (FH) – The trial of genocide suspect and former Mayor of Rusumo (Kibungo prefecture, Eastern Rwanda), Sylvestre Gacumbitsi, will resume on Monday at the International Criminal Tribunal for Rwanda (ICTR).
The trial was adjourned on October 21, 2003 after the 18th defence witness had testified.
Gacumbitsi’s defence is yet to call five more witnesses, among them three expert witnesses. As is common practice at the ICTR, the accused will testify last.
The prosecution closed its case on August 27 after calling 15 witnesses, while the case started on July 28, 2003.
Gacumbitsi, 56, was arrested in Tanzania on June 20, 2001 and he is facing five counts of genocide, crimes against humanity and rape which were committed in different parts of his commune in1994.
According to the prosecutor, the accused had led an attack against people who had taken refuge at Nyarubuye Church, killing thousands of Tutsis in the process.
Sylvestre Gacumbitsi has pleaded not guilty to all counts. His defence team is made up of Kouengoua, who is assisted by Anne Mbattang. Both are from Cameroon.
The prosecution in this trial is led by Richard Karegyesa from Uganda.
The trial is being heard by Trial Chamber Three of the ICTR, composed of Judge Andrésia Vas from Senegal (presiding), Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy from Fiji.
KN/ER/CE/FH (GA'1114e)
OCTOBER 28th, 2003
_________________________________________________
ICTR/GACUMBITSI
TRIAL WILL RESUME ON NOVEMBER 17
Arusha, October 28th, 2003 (FH) – The trial of genocide suspect and former mayor of Rusumo commune Sylvestre Gacumbitsi, being heard at the International Criminal Tribunal for Rwanda (ICTR) will resume on Monday the 17th of November, the prosecutor in this case, Richard Karegyesa confirmed to Hirondelle News Agency.
The trial was adjourned on October21st after the testimony of the eighteenth defence witness.
It is expected that Judge Jai Ram Reddy of Fiji who was away due to “family reasons” for more than a week, will have returned. The trial was adjourned in application of article 15 bis of the Rules of Evidence and Procedure which authorizes two out of three judges to continue sitting in a trial but only during a period not exceeding five trial days.
The defense is yet to present two more factual witnesses and three expert witnesses. Gacumbitsi will testify last.
The former mayor is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA1028e)
OCTOBER 22nd, 2003
_________________________________________________
ICTR/GACUMBITSI
THE DEFENCE WILL PRESENT ITS LAST SIX WITNESSES IN NOVEMBER
Arusha, October 22nd, 2003 (FH) – The defence team of genocide suspect and former mayor of Rusumo commune Sylvestre Gacumbitsi will bring its last six witnesses to testify at the International Criminal Tribunal for Rwanda (ICTR) in November.
The trial was adjourned on Tuesday to November after hearing the eighteenth witness.
The remaining witnesses include two factual witnesses who until Tuesday had not received their travelling documents to Arusha because they do not have national Identity Cards in Rwanda. The defence announced on Monday that it initially contacted them while they were still at a refugee camp in Tanzania. The witnesses were however, voluntarily repatriated, causing a communication gap between them and the defense.
Three expert witnesses will testify after the factual witnesses. They include a former Rwandan Minister of Information from 1992 to 1993, Mr. Pascal Ndengejeho, who currently lives in exile in Namibia.
Two French specialists in post-mortem will then testify. As it is common at the ICTR, Gacumbitsi will testify last on his own behalf.
The trial facing this genocide suspect is the fastest trial to be heard at the tribunal. It started on July, 28th 2003 and by August, 28th, 15 prosecution witnesses had testified. The defence presented its witnesses from the 6th of October and by the 21st, 18 witnesses had testified.
The former mayor is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA1022e)
OCTOBER 21st, 2003
_________________________________________________
ICTR/GACUMBITSI
TRIAL ADJOURNED TO NOVEMBER
Arusha, October 21st, 2003 (FH) – The trial of genocide suspect and former mayor of Rusumo commune, Sylvestre Gacumbitsi has been adjourned on Tuesday to November at the International Criminal Tribunal for Rwanda (ICTR) after four defence witnesses testified.
NG2 testified mainly in open session while the other three namely, NG4, RDR and MQ1 testified entirely in closed session on Tuesday.
NG4 testified on the same lines as former witnesses, stating that Gacumbitsi was not present at Nyarubuye Parish on the day it was attacked.
After the last testimony of the day, presiding judge Andrésia Vaz from Senegal proposed that the trial be adjourned to the third of November while prosecuting counsel Richard Karegeysa of Uganda proposed the tenth. A status conference will be held at a later stage to clarify the actual date.
The trial was adjourned because of the absence of one of the three judges, Judge Jai Ram Reddy from Fiji. He has been away since the beginning of last week due to « family reasons ». Article 15 bis of the Rules of Evidence and Procedure authorizes two out of three judges to continue sitting in a trial but only during a period not exceeding five trial days.
Tuesday was the fourth day Judge Vaz and Russian judge Serguei Aleckseievich Egorov have sat alone.
On Tuesday morning, the absence of Judge Reddy led to debates between the prosecution and the defence regarding the count of days. On Monday, the trial was supposed to resume for the fourth day in the absence of judge Reddy, but judge Vaz was busy the whole morning, holding a status conference in another case. Mr Karegeysa proposed the trial be adjourned to Tuesday to allow two full working days.
On Tuesday, defense counsel Kouengoua raised an objection to the chamber stating that, “Monday should also have been counted as a trial day because the trial chamber held a ‘hearing’ in the presence of the accused and all parties including witnesses”.
The chamber did not rule in the debate and proceeded to hear the testimonies of one of the four witnesses present in Arusha.
Eighteen witnesses have testified in favour of the accused.
The defence intends to call two more factual witnesses and three expert witnesses. Gacumbitsi will testify last.
The former mayor is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
SV/CE/FH (GA1021e)
OCTOBER 20th, 2003
_________________________________________________
ICTR/GACUMBITSI
TRIAL ADJOURNED IN THE ABSENCE OF ONE JUDGE
Arusha, October 20th, 2003 (FH) – The trial chamber which is hearing the trial of genocide suspect and former mayor of Rusumo commune, Sylvestre Gacumbitsi, adjourned on Monday to Tuesday morning at the International Criminal Tribunal for Rwanda (ICTR) due to the absence of one of the three judges.
Judge Jai Ram Reddy from Fiji has been away since the beginning of last week due to « family reasons ».
Article 15 bis of the Rules of Evidence and Procedure authorizes two out of three judges to continue sitting in a trial but only during a period not exceeding five trial days.
Presiding judge Andrésia Vaz from Senegal, and Russian judge Serguei Aleckseievich Egorov have already sat alone for three days.
On Monday, the trial was supposed to resume for the fourth day in the absence of judge Reddy, but judge Vaz was busy the whole morning, holding a status conference in another case.
At the end of the morning, when the two judges eventually arrived, the chamber still had a one and a half day margin to continue sitting, in application of article 15 bis.
As four defence witnesses had arrived in Arusha over the weekend and were ready to testify, this margin was deemed too short, and the trial was adjourned to Tuesday morning.
The chamber will then have two full days to hear the four witnesses.
Fourteen witnesses have already testified in favour of the accused.
Apart from the four already in Arusha, the defence intends to call two more factual witnesses and three expert witnesses. Gacumbitsi is expected to testify last.
Gacumbitsi, 56, is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
SV/CE/FH (GA1020e)
OCTOBER 16th, 2003
_________________________________________________
ICTR/GACUMBITSI
DEFENCE COUNSEL DROPS THREE WITNESSES
Arusha, October 16th, 2003 (FH) – The defence counsel for genocide suspect and former mayor of Rusumo commune, Sylvestre Gacumbitsi, on Thursday requested the trial chamber at the International Criminal Tribunal for Rwanda (ICTR) to allow him to drop three witnesses.
Gacumbitsi, 56, is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
In his motion to the chamber, lead counsel Kouengoua said that witnesses BK1, RDM and RDS will be dropped for the moment.
Last week the court was informed that three other defence witnesses are still being traced after they were repatriated to Rwanda in a joint programme between the UNHCR and the Tanzanian government.
The defence team said it would present between 20 and 23 witnesses in a case that is supposed to be closed by the end of this month. The defence began their case on October 6th. The prosecutor presented fifteen witnesses who testified within a period of one month starting July 28th, when the trial begun. The prosecution also dropped several witnesses from his list, which initially contained 24 names.
Counsel Kouengoua made this announcement just before the thirteenth defence witness started testifying.
The Gacumbitsi trial is one of the fastest being heard at the ICTR.
It is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA1610e)
OCTOBER 16th, 2003
_________________________________________________
ICTR/GACUMBITSI
GACUMBITSI ARRESTED “WRONGDOERS”, SAY WITNESSES
Arusha, October 16th, 2003 (FH) – Three defence witnesses told the International Criminal Tribunal for Rwanda on Thursday that genocide suspect and former mayor of Rusumo commune, Sylvestre Gacumbitsi, arrested “wrongdoers” in April 1994.
Gacumbitsi, 56, is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
The three witnesses, identified as YCW, YEW and UPT are all refugees in Tanzania. They indicated that the former mayor arrested “wrongdoers” who had killed people and looted property in two places in his commune.
Only YCW admitted he had witnessed the arrest. The two other acknowledged they were told about it.
According to YCW, the former mayor arrested « hooligans » on April 12th, because they had committed murders and had looted in Gatore. Gacumbitsi arrested them during a meeting he convened in connection with the atmosphere of insecurity that prevailed then.
« Stand united », Gacumbitsi advised, before leaving Gatore, the witness said.
Although he refused to call these « hooligans » Interahamwe, YCW admitted that their victims were Tutsis.
The witness added that, towards the end of the afternoon, “ they were released by the sub-prefect”. He said, “I asked the bourgmestre why he released the hooligans and he replied that , ‘It was not I (Gacumbitsi) who released them it is the sub-prefect, I am a subordinate to him’ explained the witness.
The indictment states that Gacumbitsi failed to maintain public order, or deliberately undermined public order in districts over which he exercised administrative authority in agreement with the MRND policies knowing that the policies intended the destruction in whole or in part of the Tutsis. He also ordered administrative authorities under him to carry out the official
policy of massacring civilian Tutsis.
YCW went on to say that the genocide suspect was threatened and insulted by demonstrating hooligans who accused him of being an accomplice of the Tutsis. He quoted the hooligans saying. “Let’s wait for our leaders to come and we will teach the bourgmestre a lesson”
New witnesses next week
The representative of the Witness Support section, Ms Sylvie Becky informed the trial chamber at the beginning of the afternoon that five defence witnesses including an expert witness will testify next week.
She mentioned them as NG2, NG4, RDR, MQ1 and MQ4.
Mr. Karegeysa objected to the expert witness appearing next week. He said there would not be sufficient time to go through the testimonies of five witnesses and an expert witness. He also objected the attendance of witness M3Q who was not listed by the defense.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
It will resume on Monday
SV/CE/FH (GA1610e)
OCTOBER 15th, 2003
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ICTR/GACUMBITSI
GACUMBITSI WAS NOT AT NYARABUYE PARISH WHEN IT WAS ATTACKED, SAYS WITNESS
Arusha, October 15th, 2003 (FH) – A defence witness told the International Criminal Tribunal for Rwanda (ICTR) on Wednesday that Sylvestre Gacumbitsi, the former mayor of Rusumo commune, Kibungo prefecture, was not present at
Nyarabuye parish when it was attacked on the 15th of April 1994.
Nyarubuye parish was the scene, in mid-April 1994, of massive massacres led, according to the prosecution, by the accused. They left about 20,000 people dead.
The witness, code-named ZHZ to protect his identity, told the court during chief examination by Counsel Anne Mbattang of Cameroon that, “during the time I was at Nyarabuye parish I did not see Gacumbitsi nor any communal officials.”
He instead blamed the massacres on, “persons who arrived from other communes with a pre-established plan to loot, kill, rape and thereafter return to their locality.” He mentioned Rukira commune as one of these localities.
He added that in his secteur, “the population was united. I don’t know of anyone from our secteur that either killed or looted.”
ZHZ also said that while at the parish in Nyarabuye he “never heard anyone incite to loot, kill or rape.” The prosecutor accuses Gacumbitsi of circulating about Rusumo in a vehicle announcing by megaphone that Tutsi
women should be raped and sexually degraded.
In another instance ZHZ said, the people of Nyarabuye were threatened in anonymous leaflets distributed on the morning of the 14th because they had given refuge to people who, “killed the head of state” He said people taking refuge in Nyarabuye had fled the neighboring communes of Rukira and Nyabitare secteurs and came to Nyarabuye “because it was calm”.
The next witness, NG1, was entirely heard in closed session.
The twelfth defence witness, YEW, was chief-examined by counsel Kouengoua of Cameroon late in the afternoon. He testified along the same lines as previous witnesses, saying he did not hear the bourgmestre ordering people to rape Tutsi women.
YEW added that unknown groups of criminals no longer recognized Gacumbitsi’s authority as a mayor and accused him of being an accomplice of the RPF, the former Tutsi rebel group then at war with the government.
He will be cross-examined on Thursday by the prosecution.
When they started presenting their case, on October 6th, the defence announced that they would call to the stand “between 20 and 23 witnesses.” However, the lead counsel, Kouengoua, from Cameroon, hinted on Wednesday that he may renounce to presenting some of them to speed up the procedure.
Gacumbitsi, 56, is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
This trial is one of the fastest in the history of the ICTR.
It is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
Judge Reddy, who is away for family reasons, has not sat since Monday.
SV/CE/FH (GA1510e)
OCTOBER 13th, 2003
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ICTR/GACUMBITSI
FOUR WITNESSES TESTIFY IN ONE DAY
Arusha, October 13th, 2003 (FH) – Four witnesses testified on Monday in favour of genocide suspect and former Mayor and of Rusumo commune, Sylvestre Gacumbitsi, at the International Criminal Tribunal for Rwanda.
It is quite exceptional that so many witnesses appear at the stand on the same day in a trial at the ICTR.
Gacumbitsi, 56, is charged with five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
All the witnesses are refugees in Tanzania and testified using code names to protect their identity. They all delcared they never heard that the accused gave orders for massacres or rapes to be perpetrated.
The first witness, identified as XW9, told the court that he did not hear Gacumbitsi giving orders to stop people from crossing the border into Tanzania. He said that “the customs post was open, vehicles, people and even cattle were crossing freely. ”
According to him, the responsibility for the massacres committed in his commune has to be put on “bandits looking for money and other goods.” “Apart from those bandits, he added, the population was quite united.”
The next witness, XW10, stated that the accused helped Tutsis cross the Akagera river to seek refuge in neighbouring Tanzania, although he acknowledged he did not eye witness the scene. “Other people told me he did that”, he explained.
XW10 also said that he never saw Gacumbitsi come to the secteur after the death of Habyarimana on the 6th of April, 1994 adding that, “the small number of Tutsis living in the secteur continued to live there. They were not persecuted as I was among them”.
Replying to a question put to him during chief examination by the defence co-counsel, Anna Mbattang of Cameroon, XW10 said that he never heard the former mayor inciting people to rape and assault Tutsi women.
Th prosecutor accuses Gacumbitsi of circulating about Rusumo in a vehicle announcing by megaphone that Tutsi women should be raped and sexually degraded.
Witness XW11 testified on the same lines as the two witness. He said he worked as a canoeist helping people including Gacumbitsi and his family to cross the river into Tanzania. “There was no segregation, there were all ethnic groups, Hutus, Tutsis and Twa and I never heard nor saw people being prohibited from crossing the river” he said.
Part of the indictment states that on or about 12 April 1994, the former mayor ordered soldiers and boatmen along the lakes in Gisenyi secteur to stop refugees in flight from escaping across the border into Tanzania.
The last defence witness to testify on Monday, XW1 stated that Gacumbitsi went to one of his counsellor’s house to help release one Kazungu who had been arrested on April 9th, and taken to that counsellor’s (Sebijojo) house.
Kazungu was suspected of intelligence with the RPF, then at war with the government, the witness said.
XW1 also said that when the mayor came to Komkabwa secteur passing through Gisenyi, “he asked us to be united and not to use the president’s death as a pretext to jeopardize the situation”.
XW1 is the ninth defence witness to testify since October 6th, when the defence started its case. His cross-examination was the longest of the day.
Witness requests help
For the first time at the tribunal, a witness, XW10, requested the trial chamber after completing his testimony, to help him “contact the UNHCR so that a third country could be located for him where he could seek asylum”.
Presiding judge, Adresia Vaz of Senegal informed him that the judges have no jurisdiction over that matter but he should write a letter and they would see “what could be done”.
The witness told the court that he has lived in Tanzania since 1994 and that he had previously been a refugee in Congo and Burundi. He told the court that he could not return to Rwanda because he would face difficulties there.
The trial has been adjourned to Wednesday when the testimonies of three new witnesses scheduled to testify before the end of the week will be heard.
Tuesday is a public holiday in Tanzania.
Gacumbitsi’s trial is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges judge Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
Judge Jai Ram Reddy did not attend the hearing on Monday. He was away for personal reasons.
SV/CE/FH (GA1310e)
OCTOBER 9th, 2003
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ICTR/GACUMBITSI
GACUMBITSI TRIAL ADJOURNED DUE TO SICK WITNESS
Arusha, October 9th, 2003 (FH) – The Gacumbitsi trial being heard at the International Criminal Tribunal for Rwanda (ICTR) was adjourned on Thursday due to the illness of the witness who was supposed to testify.
The former mayor of Rusumo commune, Kibungo Prefecture, Rwanda Sylvestre Gacumbitsi, 56, is charged with five counts which include genocide or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
The witness identified as ZHZ to protect the identity is the sixth defense witness. The co-counsel for Gacumbitsi, Ms Anne Mbattang from Cameroon told Hirondelle that “we are not even sure that he will be able to testify on Friday, we are waiting for the doctor’s information.”
Gacumbitsi’s defence is expected to present “between 20 and 23 witnesses” before it closes its case. Already six witnesses have testified and 8 new witnesses will be present in Arusha next week. Fifteen prosecution witnesses completed their testimony in a period of one month from when the trial started on July 28th,2003.
The case is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA0910e)
OCTOBER 8th, 2003
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ICTR/GACUMBITSI
DEFENCE TEAM FACE DIFFICULTY WITH THREE WITNESSES
Arusha, October 8, 2003 (FH) – The defence for genocide suspect and former mayor of Rusumo commune, Sylvestre Gacumbitsi on Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that they are facing difficulties tracing three of Gacumbitsi’s defence witnesses.
The Gacumbitsi trial had been earmarked as one of the fastest trial to be heard at the tribunal after fifteen prosecution witnesses testified in a period of one month, beginning on July 28th, 2003.
Ms Becky, of the Witness and Victims Support Section (WVSS) told the court soon after it opened in the morning session that three defense witnesses had been voluntarily repatriated to Rwanda from a Tanzanian refugee camp in a joint program of the UNHCR and the Tanzanian government. She added that the “UNHCR has given the names of the prefecture and commune of those people.
The lead defense counsel for Gacumbitsi, Mr. Kouengoua from Cameroon, told the court that he received the information on Tuesday and he realized that “the names of the communes and prefectures given by the UNHCR were those which the witnesses lived in at the time of the genocide in 1994 and not where they had been repatriated to.” He added that the defense had sent an investigator on the ground to locate the persons whose photos, identity cards and old addresses they had.
In this trial, the former mayor Rusumo commune, Kibungo Prefecture, Rwanda Sylvestre Gacumbitsi, 56, is charged with five counts which include genocide or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
On Wednesday morning also, the sixth defense witness, identified, as ZHZ to protect his identity, was reported sick for the second day and could not testify. Ms Becky informed the court that WVSS will seek an expert’s opinion on whether the witness will be able to testify or not.”
Following the illness of ZHZ, another witness, code-named ZIZ completed his testimony during the morning session. ZIZ testified mainly along the same lines as UHT and UMT on Tuesday, saying that the accused was not part of the people who attacked and committed massacres at the Nyarabuye parish in April 1994.
“I remember people at Nyarabuye parish were asking for the mayor because they trusted him to help, they wondered if he was killed,” ZIZ added.
The prosecutor accuses Gacumbitsi of being responsible for the massacre that took place in Nyarabuye, which left about 20,000 people dead, according to estimates by human rights organizations.
The trial was adjourned at the end of the morning session due to the illness of the next witness. It will continue on Thursday or Friday depending on the situation of the sixth witness.
Ms Becky also confirmed that 8 new witnesses will be present in Arusha next week and 6 others the week after. Gacumbitsi’s defence is expected to present “between 20 and 23 witnesses” before it closes its case.
It is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA0810e)
OCTOBER 7th, 2003
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ICTR/GACUMBITSI
FORMER MAYOR NEVER ORDERED KILLINGS OR RAPE, SAY WITNESSES
Arusha, October 7th, 2003(FH) – Two defense witnesses in the Gacumbitsi trial told the International Criminal Tribunal for Rwanda (ICTR) on Tuesday that they never saw nor heard Sylvestre Gacumbitsi, former mayor of Rusumo, giving orders to kill, loot or rape.
Gacumbitsi, 56, is charged with five counts which include genocide or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
In response to a question asked by judge Egorov regarding the role of Gacumbitsi and other government officials at the time of the genocide, witness UHT stated that “the mayor tried to teach us to live in peace and harmony, he never convened any meetings to order people to kill one another, our official is innocent”.
UHT is the third defence witness.
UMT, the second witness of the day, testified along the same line, saying during chief examination by Gacumbitsi’s co-counsel, Anne Mbattang from Cameroon, that he “never heard Gacumbitsi give orders to encourage Hutus to
kill Tutsis” He added that the former mayor assisted some Tutsis by sheltering them in his house.
Asked by the lead counsel, Kouengoua from Cameroon, about the Nyarabuye parish massacres, UHT said that that the communal vehicle arrived at the parish on April, 16th, but that Gacumbitsi was not on board this vehicle.
The prosecutor accuses Gacumbitsi of being responsible for the biggest massacre that took place in Nyarabuye, which left about 20,000 people dead.
Part of the indictment states “On the 15th of April, 1994, Gacumbitsi ordered and participated himself in the massacre of Nyarabuye. “He came back on the 16th and the 17th to supervise the killings which he executed with efficiency the plan of exterminating Tutsis,”
«None of the three persons on board the vehicle weighed more than 60 kilos», the witness indicated, underlining that the former mayor was much heavier than that.
He then added that he saw different perpetrators at the parish on the morning of 16th of April 1994. “I saw people dressed in vitenge, banana leaves and soldiers, “finishing off” people from both ethnic groups using machetes, clubs and traditional weapons” he said.
UMT, for his part, stated that he never heard about the accused ordering the Tutsis not to cross river Akagera to seek refuge in Tanzania.
The accusation maintains that the former mayor demanded in a public meeting that no Tutsi be allowed to escape by crossing the river.
UMT also talked about the massacres in his area, saying they were perpetrated by «delinquents, [who] killed and looted both Hutus and Tutsis. They were armed with spears, machetes and clubs. » « I don’t know whether the authorities were informed of these massacres », the witness added, saying he did not see Gacumbitsi during this period.
« I only saw him again in the refugee camps in Tanzania », he indicated. The prosecutor did not cross-examine UHT.
The trial was adjourned at the end of the morning session due to the illness of the next witness. It will continue on Wednesday with the testimony of the fifth defense witness.
It is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA0710e)
OCTOBER 6th, 2003
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ICTR/GACUMBITSI
DEFENSE COUNSEL DISCREDITS PROSECUTION WITNESSES
Arusha, October 6, 2003 (FH) – The lead defense counsel of genocide suspect and former mayor of Rusumo commune, Sylvestre Gacumbitsi, on Monday discredited the prosecution witnesses during his opening statement at the International Criminal Tribunal for Rwanda (ICTR).
Gacumbitsi, 56, is charged with five counts which include genocide or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in
several locations in his commune in 1994. He has pleaded not guilty to all the charges.
“Witnesses TBK and TBI killed, looted and committed arson but they were never prosecuted”, counsel Kouengoua said. As to witness TAP, “he violated the rules of procedure and evidence by presenting before the court on the 6th of August, 2003 information regarding serious acts which the prosecutor had no chance of hearing before and which were not included in the
indictment”, he said.
More generally, counsel Kouengoua qualified the indictment as being « vague and highly imprecise ».
He also accused BBC journalist and prosecution witness Feagal Keane for relying on the RPF for information. “A journalist brought here by the prosecution was not investigative nor did he have any evidence, he was told by the RPF of the corpses in front of him,” he stated.
He challenged the prosecution by adding that, “the defense intends to produce a document which will show that the document produced by the journalist was produced by the RPF and not the journalist who received awards in 1994 and 1995 for shooting video images of the pain faced by the people of Rwanda during the genocide”
The defense counsel went on to praise the accused by describing him on different occasions as a very religious man, innocent and good, who drank and exchanged information with all people. He also depicted the accused as a
responsible family man.
“He was the type of mayor people in Rwanda dreamed about,” he concluded.
The prosecutor accuses Gacumbitsi for being responsible for the biggest massacre that took place in Nyarabuye, which left about 20,000 people dead.
Part of the indictment states “On the 15th of April, 1994, Gacumbitsi ordered and participated himself in the massacre of Nyarabuye. “He came back on the 16th and the 17th to supervise the killings which he executed with efficiency the plan of exterminating Tutsis”.
After his opening statement, counsel Kouengua presented two protected witnesses named UA3 and ZEZ to protect their identity.
Witness UA3 testified entirely in closed session in the morning. ZEZ presented the accused as a generous man who did all he could to protect without discrimination the population of his commune. He added that he never heard the former mayor inciting people in Nyarabuye to kill Tutsis or rape Tutsis women.
In this trial the defense argues that most of the killings at Nyarabuye were orchestrated by the RPF, the Tutsi-dominated rebel movement, now in power in Kigali.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
The trial continues on Tuesday.
SV/CE/FH (GA0610e)
OCTOBER 3rd, 2003
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ICTR/GACUMBITSI
THE TRIAL OF FORMER MAYOR OF RUSUMO RESUMES ON MONDAY
Arusha, October 3, 2003(FH) – The trial of Sylvestre Gacumbitsi, the former mayor of Rusumo commune, Kibungo Prefecture, Rwanda will resume on Monday at the International Criminal Tribunal for Rwanda (ICTR).
Gacumbitsi, 56, is charged with five counts which include genocide or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune during the 1994 genocide. He has pleaded not guilty to all the charges.
The trial will resume with the presentation of defense witnesses. The lead defense counsel Mr. Kouengua from Cameroon said on Thursday that he intended to call “between twenty and twenty three witnesses”.
Fifteen prosecution witnesses completed their testimonies in one month July 28, when the trial began, to August 28, making it one of the fastest trials at the Tribunal.
The prosecutor, Richard Karegesya of Uganda, said during his opening statements that the genocide suspect was responsible for the biggest massacre that took place in Nyarabuye, which left about 20,000 people dead.
“On the 15th of April, 1994, Gacumbitsi ordered and participated himself in the massacre of Nyarabuye. […] He came back on the 16th and the 17th to supervise the killings which he executed with efficiency the plan of exterminating Tutsis,” the prosecutor said.
Defense counsel Mr. Kouengua, assisted by Ms Anne Mbattang from Cameroon, argue that most of the killings at Nyarabuye were orchestrated by the RPF, the Tutsi-dominated rebel movement, now in power in Kigali.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge and ICTR vice-president Andresia Vaz, assisted by Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (GA0310e)
SEPTEMBER 8th, 2003
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ICTR/GACUMBITSI
SYNTHESIS
PROSECUTION COMPLETES ITS EVIDENCE
Arusha, September 8, 2003 (FH) – The trial of former mayor of Rusumo commune (Kibungo province, eastern Rwanda) and genocide suspect, Sylvestre Gacumbitsi, will resume on October 6. The Gacumbitsi trial began on July 28, 2003. In one month, the prosecution has completed its evidence with the testimony of fifteen witnesses.
The accused is charged of five counts, which include genocide, or in the alternative complicity in genocide, extermination, murder and rape as crimes against humanity in relation with massacres of Tutsis perpetrated in several locations in his commune. The biggest site of massacre in Rusumo is Nyarubuye Catholic parish, where an estimated 20,000 people died. Gacumbitsi has pleaded not guilty to all of them.
During his opening statement, the prosecutor, Richard Karegyesa of Uganda, said that the accused had participated, with a lot of efficiency, in the killing of Tutsis himself or by ordering the Hutus to perform the killings.
The defense, composed of Mr. Kouengoua and Anne Mbattang, both from Cameroon, argue that most of the killings in Nyarabuye were performed by the RPF. The RPF was mainly Tutsi dominated.
The Gacumbitsi trial is so far a very fast trial compared to others at the ICTR. Within one month, all the 15 prosecution witnesses have completed their testimonies.
Two expert witnesses testified: historian and human rights activits Alison Des Forges and Patrick Feagal Keane, a British journalist from the BBC. The rest testified using pseudonyms to protect their identity.
A journalist from the BBC testifies
Patrick Feagal Keane, the author of the book, “Season of Blood: A Rwandan Journey” was the first prosecution witness. Keane was one of the first reporters to send to the BBC images of the massacres at Nyarabuye.
Keane first told the chamber that besides visiting Nyarabuye in June 1994, he also visited a refugee camp called Benaco in Western Tanzania, in order to interview Gacumbitsi.
"The survivors we’ve met (in the Rusumo commune) told us that Gacumbitsi was the main commander of the Nyarabuye massacres", explained the reporter on several occasions. He added that, when interviewed in Benaco camp, Gacumbitsi denied these allegations.
Keane also declared that he was surprised when the former mayor informed him that the Interahamwe were an entertainment group, which performed dances and songs of praise for the ruling party.
The prosecution maintains that the Interahamwe were the main perpetrators of the genocide.
What Alison Des Forges said
Alison Des Forges testified last. After a brief argument between defence and prosecution counsels, it was agreed that she would only cross-examined. During her cross-examination she said that what happened in Rusumo were not isolated events, but part of a more general context, that of the genocide.
Concerning the Nyarubuye massacres, which took place on April 15, 1994, the defence suggested to her that the bodies she discovered in August 1994 were to be attributed to the Rwandan Patriotic Front (RPF). The RPF had been in control of the area since April 1994. To support his allegations, lead defence counsel Kouengoua produced a report published, according to him, by the UN High Commission for Refugees (UNHCR).
Alison Des Forges indicated that the killings mentioned in this report had been perpetrated at different dates and in locations remote from the Nyarubuye Parish. She also acknowledged that, in 1994, “crimes were committed by some soldiers from the RPF”. « There may have been crimes against humanity and war crimes committed » she estimated, adding that there was no possible comparison between the genocide and those crimes. Alison Des Forges has already testified as an expert witness in several other ongoing and completed trials at the ICTR.
The Historian was then asked by one of thejudges to estimate the number of people killed at Nyarabuye Parish. There have been many different figures given at the court. The prosecution maintains that there more than 20,000 people, according to humanitarian sources, were massacred on the orders of the suspect. The expert witness replied there could be around 10,000 people or fewer.
She added that an estimated 4,000 Tutsis lived in Rusumo commune before the genocide, and that, since Nyarabuye Parish was the biggest in the area, many more came to seek refuge there when the genocide began.
Des Forges said that when she first came to Rwanda in August 1994, she saw 1000 bodies still lying on the foreground of the Nyarubuye parish while some had been devoured by wild dogs. “Little had been done to clean up the mess” she said.
Throughout her testimony she mainly gave information about Nyarabuye and what the powers of the mayor were during the genocide.
Direct accusations
All other prosecution witnesses made direct accusations against the accused. Most of them are genocide survivors.
A Tutsi female witness, code-named "TAP”, told the court that she was raped by the former mayor during the genocide. "He forcefully put his private parts into mine and raped me", she recalled amidst tears. She continued that before the rape took place, the accused had inserted a police truncheon measuring about 40 cm into her private parts. TAP explained that the rape took place at the home of Gacumbitsi's subordinate, Isaïe Karamage, the councilor of Nyarubuye sector.
Gacumbitsi's defence counsel, Kouengoua, objected to the evidence arguing that it was not part of her original statement. Andra Mobberly, a member of the prosecution team, retorted that the defence had been informed of the new developments a day before. The chamber decided to listen to the witness's testimony in full and "would later rule whether to take into consideration the evidence or not". Another protected witness code-named "TAO" recalled the Nyarubuye massacres
of April 15. He said an old man stood up from the thousands of Tutsi refugees and walked to the mayor to inform him of his problems. “He (Gacumbitsi) took a machete, and hacked the old man”, TOA said. The accused
then ordered the policemen who accompanied him to shoot at the refugees.
“Their time has come”, Gacumbitsi said, according to the witness, launching thus the Nyarubuye massacre.
Evoking the responsibility of the accused in the massacres, witness TBI said that Gacumbitsi had told a group of forty people to kill Tutsis and to slaughter their cows.
She added that after that order, people started killing Tutsis and looting their wealth. Before Gacumbitsi came to give that order, Hutus and Tutsis lived peacefully in Rusumo, she also explained.
Other witnesses revealed that the accused personally took part in the killings. "TAK", for instance, explained that Gacumbitsi had killed one of his subordinates called Augustin Kanyogote. “It was at night. I heard Kanyogote scream. Many people were beating him. [...] Later, I learnt that Gacumbitsi had killed him that night », indicated TAK, adding that this happened in the night of 14 to 15 April. The victim, an agricultural officer at Rusumo commune, had gone to seek refuge at Gacumbitsi’s place. “He was a personal friend” of the mayor’s, TAK concluded.
Three convicts at the stand
As the prosecutor had promised in his opening statement, he called to the stand three genocide suspects that pleaded guilty in Rwanda of participating in massacres of Tutsis and of looting their properties in Rusumo commune.
Testifying at the ICTR, all three indicated that they had executed orders received from Gacumbitsi in the afternoon of April 14, 1994. « When he arrived at the shopping centre where we were drinking banana wine, Gacumbitsi ordered us to chase Tutsis, to destroy their houses and to steal their properties », TBJ declared. According to him, the attacks started right away. The witness also indicated that he personally destroyed and looted houses.
TBK testified along the same line, saying that the accused ordered that « everyone who looks like a Tutsi should be immediately killed », adding that the order was executed. On April 15, Tutsis were killed and their cows slaughtered, he said, acknowledging having personally killed a Tutsi the next day.
The killings went on in the camps
Another protected witness, identified as TAS, mentioned events that allegedly took place after the RPF had arrived in Rusumo, at the end of April, 1994, and Sylvestre Gacumbitsi had ran away to Benaco camp.
TAS, who was like the former mayor a refugee at the Benaco camp, indicated that the search for Tutsis went on there, and that people were being killed on Gacumbitsi’s orders. The witness added he he saw a man being killed in the woods nearby.
The defense witnesses will start testifying on October 6, when the trial resumes.
The trial is in trial Chamber Three presided over by Senegalese judge Andresia Vaz, assisted by Judges Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/CE/FH (05409e)
AUGUST 29
th
, 2003
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ICTR/GACUMBITSI
THE LAW SHOULD APPLY TO ALL SIDES THAT BROKE IT-EXPERT WITNESS
Arusha, August 29
th
, 2003(FH) - American senior human rights expert, Alison Des Forges has told Hirondelle news agency that all parties which participated in the genocide of 1994 in Rwanda should face the law.
The expert said that while clarifying an issue raised in the court by the defense counsel for former mayor of Rusumo commune Sylvestre Gacumbitsi, Mr Kouengoua of Cameroon whether the people of Nyarubuye were killed by the Hutu or the Rwandese Patriotic Front-RPF.
Answering a question on whether RPF soldiers should be tried Des Forges said, "sometimes when people call for justice for war crimes and crimes against humanity they are accused particularly by the Rwandan government of being negationist, revisionist or people who want to minimize the genocide, but that's not the point, the equivalence of justice is a right to all the victims whatever the crime done"
The human rights expert said the Nyarubuye massacre took place on April 5
th.
The victims were killed by militia, local population, gendarmes and soldiers, there were also killings by RPF which took place two weeks later.
She completed her testimony as the last prosecution witness in the Gacumbitsi trial on Wednesday the 27
th
. Sylvestre Gacumbitsi is charged with five counts including genocide or in the alternative, complicity in genocide, extermination, murder and rape as crimes against humanity.
It is believed that 20,000 people have been killed at Nyarubuye during the genocide. The defense suggested that RPF perpetrated most of the killings.
Madame Des Forges said she saw around bodies lying on the foreground of the church at Nyarubuye when she first visited Rwanda in August 1994, after the genocide.
"What I saw in Nyarubuye made me estimate the number of corpses to be around 1000 or less, other bodies were destroyed by dogs and others were taken away for burial"
"I believe the figure of 20,000 people comes from an estimate done days before the massacre of people taking refuge at the parish."said Des Forges. She added that "The population of Tutsis was fewer than 4000, some of them fled across the border so the number of Tutsis killed there was less than 4000"
Alison Des forges also said that, an unknown number of people killed at Nyarubuye was not counted. "I did not see any mass graves nor did I count the number of people killed in banana plantations or people killed in homes"She added that, "More people kept coming to the parish which was the largest in the area so the actual figure is unknown and the presented figures are based on prior estimates of people fed by the parish."
The prosecution closed its case on August 27
th.
The trial has been adjourned to October 6
when the defense will present witnesses.
The prosecutor in this trial is Richard Karegyesa of Uganda assisted by Andra Mobberley from New Zealand and Holo Makwaia of Tanzania. The prosecutor presented a total of 15 witnesses.
The defense counsel Mr. Kouengoua is assisted by Ms Anne Mbattang. Both of them are from Cameroon.
The trial is before Trial Chamber Three, which is composed of Senegalese judge Andresia Vaz (presiding) and Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/FH (GA'0829e)
AUGUST 27
th
, 2003
_____________________________________________________________
ICTR/GACUMBITSI
PROSECUTION CLOSES ITS CASE
Arusha, August 27
th
, 2003(FH) The Prosecution closed its case on Wednesday in Gacumbitsi trial before the International Criminal Tribunal for Rwanda (ICTR) after presenting 15 witnesses.
Sylvestre Gacumbitsi, the former mayor of Rusumo commune, Kibungo Prefecture (Eastern Rwanda) 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.
On Wednesday American historian and human rights activist, Alison Des Forge completed her testimony. Des Forges was cross-examined by defense counsel Kouengoua from Cameroon
The historian was asked by Judge Jai Ram Reddy of Fiji about the killings at Nyarubuye parish in Rusumo commune and she confirmed that there were indeed killings at the Parish which she visited in August, 1994.
She told the court, Estimating numbers is the most difficult aspect of evaluating a catastrophe... however, the estimated number of people dead at the parish ground was around 10,000 people or fewer."
There are allegations that more than 20,000 people were killed at Nyarubuye parish.
The prosecutor in this trial is Richard Karegesya of Uganda assisted by Andra Mobberley from New Zealand and Holo Makwaia of Tanzania.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge Andresia Vaz, Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/FH (GA'0827e)
AUGUST 26
th
, 2003
__________________________________________________________________
ICTR/GACUMBITSI
ALISON DES FORGES TESTIFIES IN GACUMBITSI TRIAL
Arusha, August 26
th
, 2003(FH) -Human rights expert Alison Des Forges, Tuesday testified at the International Criminal Tribunal for Rwanda (ICTR) in the trial of Sylvestre Gacumbitsi, the former mayor of Rusumo commune, Kibungo Prefecture (eastern Rwanda)
Gacumbitsi 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.
During the proceedings, Des Forges was cross-examined by defense counsel Kouengoua from Cameroon on information she gave to the tribunal in 1997during the trial of Jean Paul Akayesu, former mayor of Taba, Gitarama (central Rwanda), as well as on her publications.
Alison des Forges is famous for her book, Leave None to tell the story, a detailed account of the genocide, though no direct question was asked on this book.
Des Forges who is widely published on matters relevant to Rwanda and the genocide was asked questions regarding her evidence during the trial of Akayesu, background of the history of Rwanda, and the events related to the genocide. No single question was directly targeted towards the accused.
The American historian has previously testified in various trials at the tribunal as an expert witness called by the prosecution.
The prosecutor in this trial is Richard Karegesya of Uganda assisted by Andra Mobberley from New Zealand and Holo Makwaia of Tanzania.
The defense counsel is Mr. Kouengoua assisted by Ms Anne Mbattang. Both are from Cameroon.
The trial is before Trial Chamber Three, which is presided over by Senegalese judge Andresia Vaz, Jai Ram Reddy from Fiji and Serguei Aleckseivich Egorov from Russia.
SV/FH (GA'0826e)
AUGUST 21st, 2003
____________________________________________________________
ICTR/GACUMBITSI
NEW WITNESS DROPPED IN GACUMBITSI TRIAL
Arusha, August 21st , 2003 (FH) -Trial chamber three of the International Criminal Tribunal for Rwanda (ICTR) on Thursday granted the prosecuting attorneys permission to drop one prosecution witness.
Sylvestre Gacumbitsi, the former mayor of Rusumo (Kibungo province, eastern Rwanda), is charged with five counts of genocide and crimes against humanity for massacres and rape of Tutsis committed in his commune in the genocide of April 1994.
Presiding Judge Andresia Vaz from Senegal said, "The prosecution application to withdraw witness TAF have been authorised". No reasons were given for the withdrawal of the witness.
The court was also informed that the next witness only identified as TAE was unwell and would appear in court Friday morning.
Prior to that the session which was mainly in closed session during the morning hours was dominated by a debate between the prosecuting attorney, Richard Karegesya of Uganda and Defense counsel Koueogua from Cameroon on whether to admit into records the two statements provided by witness TBK.
During the debate, Mr. Karegesya told the court, "If the application by the prosecution to admit into records ( not as evidence) the statement which the witness gave to the prosecutors is denied then the witness would be called back tomorrow morning for re-examination."
Mr. Karegyesa argued that the document should have been tendered in front of the witness because the witness was the best person to clarify issues that were raised by the defense whom he said had re-opened the cross-examination.
Mr. Kouengwa on the other hand did not agree with the admittance of the statement saying, "your honours I do not believe anyone else can tender regarding the state of events a document as evidence or as an item of procedure, the witness is not a judge of the documents to be tendered"
He further added that," It is not a matter of good practice to call back a witness who had completed his examination in court"
The trial was adjourned to Friday where a ruling on the decision of the trial chamber will be made.
The trial is being heard by Trial Chamber Three of the ICTR, composed of Judge Andrésia Vaz from Senegal (presiding), Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy from Fiji.
SV/AT/FH(GA'0821E)
AUGUST 18
th
, 2003
__________________________________________________________________
ICTR/GACUMBITSI
FORMER MAYOR ORDERED HUTUS TO START KILLINGS, WITNESS CLAIMS
Arusha, August 18
th
, 2003 (FH) - A prosecution witness on Monday told the International Criminal Tribunal for Rwanda (ICTR) that the former Mayor of Rusumo (Kibungo province, eastern Rwanda), Sylvestre Gacumbitsi, ordered Hutus to start killing Tutsis during the 1994 genocide.
Gacumbitsi, 56, is charged with five counts of genocide and crimes against humanity for the massacres and rape of Tutsis committed in his commune in April 1994.
The witness, who was only identified as TBIto protect his identity, told the court during examination in chief by prosecuting counsel Andra Mobberly, that the mayor ordered about forty people "to start killing Tutsis and slaughtering their cows.
The court was informed by TBI that the mayor also ordered that no Hutu should help Tutsis to cross the river Kagera. The witness said that the former mayor gave instructions to one person to supervise and deliver the order. It was not a secret because the mayor gave the instructions to that individual openlysaid the witness.
The prosecution witness told the court that, "in subsequent days the instructions were followed where Hutus continued to massacre Tutsis and loot their property, setting fire to their houses as well as slaughtering their cows.
Earlier during his testimony, the witness explained to the court that before the genocide, the people in Rusumo lived in peace, drinking banana wine, beer with all ethnic groups with nothing bad happening. However after the prosecutor asked him to explain what happened after the arrival of Gacumbits, he said the genocide suspect "ordered Hutus to kill Tutsiscausing many to try and flee the area".
The prosecution maintains that in June 1994, the accused had personally participated and ordered the killing of over twenty thousand people at the Nyarubuye parish in Rusumo, one of the worst genocide sites throughout Rwanda.
Sylvestre Gacumbitsi was arrested in Tanzania in June 2001 and he is defended by Kouengoua and Anne Mbattang. Both are from Cameroon.
The trial is being heard by Trial Chamber Three of the ICTR, composed of Judge Andrésia Vaz from Senegal (presiding), Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy from Fiji.
SV/FH(GA'0818E)
AUGUST 7
th
, 2003
__________________________________________________________________
ICTR/PROSECUTION
TUTSI GIRL ALLEGEDLY RAPED BY FORMER MAYOR DURING GENOCIDE
Arusha, August 7
th
, 2003 (FH) - A prosecution witness Wednesday told the International Criminal Tribunal for Rwanda (ICTR) that she was raped by the former mayor of Rusumo (Kibungo province, eastern Rwanda), Sylvestre Gacumbitsi, during the genocide against Tutsis in 1994.
Gacumbitsi, 56, is charged with five counts of genocide and crimes against humanity for the massacre and rape of Tutsis committed in his commune in April 1994.
The witness, a Tutsi woman code-named "TAP" to protect her identity, accused the former head of the commune of having personally raped her. She is the ninth prosecution witness.
"He forcefully put his private parts into mine"recounted the witness amidst tears. "He raped me".
The witness continued that before the actual rape, the accused had inserted a police truncheon into her private parts. She added that the truncheon measured about 40 cm.
"I reached a point where I wished to die", said the witness who spoke through an interpreter. TAP explained that the rape took place at the home of Gacumbitsi's subordinate, Isaïe Karamage, the councillor of Nyarubuye sector.
"I suffer a lot ever since and I have painful after-effects"complained the witness, adding that the events perturbed her menstrual cycles.
The witness also told the court that prior to the rape by Gacumbitsi, she had also been the victim of sexual violence at the hands of three men who raped her and then thrust a stick into her private parts.
Gacumbitsi's defence counsel, Kouengoua, immediately objected to the evidence arguing that it was not part of her original statement and that his party had not been made aware of if requested the chamber to reject it.
Andra Mobberly, a member of the prosecution team retorted that the defence had been informed of the new developments a day before.
After deliberations, the chamber decided to listen to the witness's testimony in full and "would later rule whether to take into consideration the evidence or not".
Wednesday's hearing was on several occasions interrupted by witness TAP who requested short pauses during her testimony in order to recover from the memory of what she had passed through during the genocide.
The prosecution had originally planned to call 22 protected witnesses but decided to strike off five from the list.
The first witness to appear was BBC journalist, Fergal Keane, who, in June 1994, visited Nyarubuye parish in Rusumo, one of the worst genocide sites. Over 20,000 thousand people were killed at the parish.
The witness also told the tribunal that he had also gone to Benaco refugee camp in western Tanzania to interview Gacumbitsi.
"The survivors we met told us that Gacumbitsi was the principal instigator of the killings at Nyarubuye", revealed the journalist.
Feargal Keane continued that when he had challenged the former mayor on the allegations, Sylvestre Gacumbitsi denied any involvements.
"I was very surprised when Gacumbitsi described the Interahamwe militia as a cultural group who only sang and danced in praise of the party", said the witness, adding that it was a very different opinion from what the majority of Rwandans had.
The ICTR regards the Interahamwe as the main spearhead of the genocide in Rwanda.
Gacumbitsi allegedly took part in the killings
During his opening statement, the prosecutor in the case, Richard Keregyesa from Uganda, said that Gacumbitsi had ordered and personally taken part in the massacres at Nyarubuye parish.
"He even slashed open the belly of a pregnant woman and stabbed to death the victim's mother-in-law", said Karegyesa, adding that he accused had efficiently accomplished the plan to exterminate Tutsis in Rusumo.
Protected witness "TAK" revealed to the court that the accused had allegedly killed one of his subordinates called Augustin Kanyogote. The victim was an agricultural officer at commune Rusumo.
Another protected witness code-named "TAO" said that his wife had been raped by the counsellor of Nyarubuye, Gacumbitsis subordinate. He added that he had also seen the accused personally hack an old man with a machete April 15 1994. The old man had allegedly come to the mayor to seek help.
The next day, another witness, "TAS", told the tribunal that she had personally seen the former mayor throw a mother and her two children into a pit alive. She added that the victims were never seen again.
More killings in refugee camps
When troops of the Rwandan Patriotic Front (RPF) arrived in Rusumo at the end of April 1994, Sylvestre Gacumbitsi took refuge at Benaco Camp in Tanzania.
Witness TAS, who was also a refugee, told the tribunal that the hunt for Tutsis went on in the camps. She told of a man who was killed at the instigation of Gacumbitsi.
"I was looking for fire wood near a cemetery in Benaco when I saw a man being killed. Gacumbitsi was supervising the killing", recounted the witness.
According to its statutes, the ICTR competent to judge all persons presumed to have carried out acts of genocide and other violations of international human rights law Rwanda during the period of 1994. It also has the mandate to try Rwandan nationals suspected to have committed the same crimes in neighbouring states.
Sylvestre Gacumbitsi was arrested in Tanzania in June 2001 and he is defended by Kouengoua and Anne Mbattang. Both are from Cameroon.
The trial is being heard by Trial Chamber Three of the ICTR, composed of Judge Andrésia Vaz from Senegal (presiding), Serguei Aleckseievich Egorov from Russia, and Judge Jai Ram Reddy from Fiji.
Judge Reddy has not been present for the last two days because of health problems.
The trial was adjourned until August 18, 2003 when more witnesses are expected to be heard.
KN/ER/AT/FH(GA'0807E)
JULY 15th, 2003
_________________________________________________
ICTR/GACUMBITSI
NEW TRIAL TO BEGIN ON JULY 28
Arusha, July 15th, 2003(FH) – A new trial involving the former mayor of Rusumo commune in the eastern Rwandan region of Kibungo, Silvestre Gacumbitsi, will begin on 28th July, 2003 at the International Criminal Tribunal for Rwanda.
Gacumbitsi, 56, is charged with five counts including genocide or, alternatively, complicity in genocide, extermination, murder and rape as crimes against humanity. According to the prosecutor, the accused organized the campaign against Tutsi civilians in his commune, including holding meetings and distributing arms to Interahamwe to kill Tutsis.
Between April 15 and 17, 1994, Sylvestre Gacumbitsi led an attack against Nyarubuye parish where many Tutsi and Hutus had taken refuge”, reads the indictment in part. An estimated 20,000 thousand people were killed in Nyarubuye, one of the country’s major genocide sites, where the Rwandan government intends to build a memorial.
The indictment continues that “he killed persons by his own hand, ordered killings by subordinates, and led attacks under circumstances where he knew, or should have known, that civilians were, or would be, killed by persons under his authority.” During his initial appearance June 26th, 2001, Gacumbitsi pleaded not guilty to all charges.
The accused was also a member of the former single party MRND of the late president Juvénal Habyarimana, whose death on April 6th, 1994, sparked off the genocide.
After the genocide, the accused fled to Mukugwa refugee camp in Kigoma, western Tanzania where he worked as a teacher until he was arrested on 20th of June, 2001. Gacumbitsi was arrested along with former mayor of Rukara commune (also in Kibungo region) Jean Mpambara and was transferred to the United Nations Detention Facility in Arusha the next day.
Six trials involving 18 accused, are currently talking place at the ICTR. Among them are senior army officers of the former Rwandan army (ex-FAR) and former government ministers. Also in custody are 9 other former mayors that include Laurent Semanza, former mayor of Bicumbi who was found guilty of genocide May 15, 2003 and sentenced to 24 and a half years in prison.
The first person to be condemned and sentenced by the tribunal was Jean Paul Akayesu, former mayor of Taba (Gitarama province, central Rwanda). He is currently serving a life sentence in Mali.
Another Mayor, Ignace Bagilishema of Mabanza (Kibuye, western Rwanda), was acquitted on July 3, 2002. There are currently four trials concerning former mayors going on at the ICTR.
Gacumbitsi’s defence counsel is Kouengoua, assisted by Anne Ngantio Nbattang, both from Cameroon. The prosecution team will be led by Richard Karegesya from Uganda and Andra Mobberly from New Zealand.
The trial will take place in the newly reconstituted Trial Chamber Three of the ICTR. Sources within the ICTR point out that it might be composed of Judges George Lloyd Williams of St. Kitts and Nevis,Andrésie Vaz from Senegal and Khalida Rashid Khan from Pakistan who was appointed on July 7 by the Secretary General of the United Nations.
SV/CE/FH (0711e)
JUNE 6th, 2002
______________________________________________
ICTR/ GACUMBITSI
DEFENCE FOR EX-MAYOR GACUMBITSI
SEEKS AMENDMENTS TO INDICTIMENT
Arusha, June 6th, 2002 (FH) - The defence of former mayor of Rusumo (Kibungo province east of Rwanda) Sylvestre Gacumbitsi on Thursday presented a motion before the International Criminal Tribunal for Rwanda (ICTR) seeking modifications to the accused's indictment.
Gacumbitsi's defence counsel Cameroonian Kouengoua told the court that his client cannot be accused of genocide and at the same time be charged with complicity in genocide.
"It is not possible to say that he is both a perpetrator and also carrying out a crime," said the counsel. He added that it was up to the prosecution to say what Gacumbitsi is guilty of and not the duty of his client to state: "I wasn’t here or I didn't do this and that".
The counsel maintained that the details in the indictment are vague and imprecise rendering it incomprehensible for both the accused and his defence.
Gacumbitsi is accused of genocide or in the alternative complicity in genocide and crimes against humanity, murder, rape and crimes against humanity.
The defence also sought for the withdrawal of the rape charge against the former mayor saying there is no evidence he personally committed the offence.
But the prosecution maintained that it was not the opportune time to review the merits of the evidence on this charge and that any decisions on the merits would arise during trial.
The Chamber is deliberating on the motion and the accused's case is yet to commence. The motion on Thursday was heard before ICTR's Trial Chamber Three comprising of Judges Lloyd George Williams of St. Kitts and Nevis (presiding) Yakov Ostrovsky of Russia and Pavel Dolenc of Slovenia.
SW/FH (GC-0606e)
JUNE 26th, 2001
___________________________________________________________________
ICTR/GACUMBITSI
FORMER RWANDAN MAYOR PLEADS NOT GUILTY TO GENOCIDE CHARGES
Arusha, June 26th, 2001 (FH) - Former Rwandan mayor Sylvestre Gacumbitsi on Tuesday pleaded not guilty to five counts of genocide and crimes against humanity before the International Criminal Tribunal for Rwanda (ICTR).
Gacumbitsi, 53, was arrested last Wednesday in a refugee camp in Tanzania, where he had been working as a teacher. He is charged with genocide or, alternatively, complicity in genocide, plus extermination, murder and rape as crimes against humanity.
"Not guilty, " Gacumbitsi said repeatedly, after Judge Lloyd Williams of St. Kitts and Nevis read out each charge and asked for his plea.
At the time of the 1994 genocide in Rwanda he was mayor of Rusumo commune in the eastern Rwandan region of Kibungo. He was also a member of the former single party MRND of the late president Juvénal Habyarimana, whose death on April 6th, 1994, sparked the genocide.
According to the Prosecutor, Gacumbitsi organized the campaign against Tutsi civilians in his commune, including holding meetings and distributing arms. "Sylvestre Gacumbitsi killed persons by his own hand, ordered killings by subordinates, and led attacks under circumstances where he knew, or should have known, that civilians were, or would be, killed by persons under his authority," says his indictment.
Gacumbitsi is charged with leading an attack between April 15th and 17th, 1994, on the Nyarubuye church complex where Tutsi and Hutu refugees had gathered. He allegedly ordered Hutu refugees to separate from Tutsis and, once the groups had separated, attacks on the Tutsis began.
"Communal police and Interahamwe (Hutu militia) attacked the Tutsi refugees with grenades and firearms and traditional weapons. Other attackers used the machetes previously supplied by Sylvestre Gacumbitsi," says the indictment.
The Prosecutor says that the next day Gacumbitsi and a group of attackers "returned to the devastated church compound armed with spears, machetes, bows and arrows and finished off survivors lying among the corpses". An estimated 20,000 people were killed in Nyarubuye church compound, which is now a genocide memorial.
Gacumbitsi is also accused of ordering the murder of several Tutsi children. "Upon specific instruction from Sylvestre Gacumbitsi, infant survivors of the attack on Nyarubuye paroisse were lured to a location with an offer for food," says the indictment. "Once they had assembled, Sylvestre Gacumbitsi ordered all exits blocked and the children were killed with grenades."
The former mayor is accused of having personally slit open the stomach of a pregnant Tutsi woman. "On a date uncertain in April 1994, Sylvestre Gacumbitsi approached a pregnant Tutsi woman and her mother-in-law along a roadside," the Prosecutor alleges. "The woman appeared to be in discomfort and asked for assistance. Instead of helping the women, Sylvestre Gacumbitsi took a knife and slit her abdomen, causing the two fetuses that the woman was carrying to fall from her body. Sylvestre Gacumbitsi, assisted by another, repeatedly stabbed the woman, her mother-in-law and the two babies, causing their deaths."
Gacumbitsi is accused of inciting the rape and sexual degradation of Tutsi girls. For example, he is alleged to have traveled along the Nyarubuye road announcing with a megaphone: "Search in the bushes, do not save a single snake (term used for Tutsis)… Hutu that save Tutsi should be killed… Tutsi girls that have always refused to sleep with Hutu should be raped… and sticks placed in their genitals".
GG/JC/FH (GA_0626e)
JUNE 21st, 2001
_______________________________________
ICTR/ARRESTS
TWO FORMER RWANDAN MAYORS ARRESTED FOR GENOCIDE
Arusha, June, 21st, 2001 (FH) - Two former Rwandan mayors suspected of genocide were on Wednesday arrested at a refugee camp in Tanzania, at the request of the International Criminal Tribunal for Rwanda (ICTR). One of them,
Sylvestre Gacumbitsi
, has already been transferred to the UN detention facility (UNDF) in Arusha.
Gacumbitsi was mayor of Rusumo commune in the eastern Rwandan region of Kibungo at the time of the genocide. Informed sources say he was arrested in Mukugwa refugee camp in the northern Tanzanian region of Kigoma, along with former mayor of Rukara commune (also in Kibungo region) Jean Mpambara
At the time of the arrest, the ICTR Prosecutor did not have an indictment for Mpambara ready, and therefore requested Tanzanian police to hold him in Kigoma pending an order for provisional detention from the ICTR.
The ICTR Statute provides for provisional detention of suspects under investigation, provided a judge is satisfied that this is warranted. The period of provisional detention is 30 days, but can be extended on request to a maximum of two more thirty-day periods.
Gacumbitsi and Mpambara allegedly authorized and presided over killings of Tutsis in their communes during the 1994 genocide in Rwanda.
Gacumbitsi is alleged to have been responsible for the killing of an estimated 20,000 Tutsis who had taken refuge in Nyarubuye Catholic church in Rusumo. The church has been turned into a genocide memorial.
GG/JC/PHD/FH (AR_0621E)
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