;) 1 W~ MATHIAS MARCUSS~

INTERNATIOI\AL CRIMINAL TRIBUNAL FOR RvVANDA

;.'-

CASE NC J.:TR 19";

THE PROSECUTOR OF THE TRIB UNAL

l~.·~'--'~l~C:-T ~~ AGAINST RECEIVED ,'; ;-, ~", 1" ~ 7 _, .....',~! V v

ACTION :e..e",=,~~ COpy ~ ~

Il\DICTMENT

I. The do;;eCcor ufthe International Criminal Tribun,j for , pursuant to the authority stipulated in Article 17 of the Statute of the TribllfJaI 01' the L'lternational Crim: al Tribunal for Rwanda (the Statute oEthe Tribunal) charges

Hi SSAN {GEZE with GENOCIDE, DIRECT ANi) PUBLIC INCITEMENT TO COMMIT CENOCll ~, and CRIM.!!:S AGAINST HUMANITY, all offenses stip:llated in Articles 2.ud 3 0 the Statut.: of the fribunal as set forth belo N:

2, THE ACCUSED

HASSAN NGEZE was born in 1961 in the Commune of Rubavu, Prefecture of Gisenyi, ,he Republic of 'Zwand At the tim.: of the eV~:lts referred to in this indictment, HASSAN NGEZE was Editor-in-Chief of the .i' 'lirna: knewn :.IS, and published under tbe name ot~ .

PURL: https://www.legal-tools.org/doc/085c26/ 3. CONCISE STATENIENT OF THE ACTS

3.1. The crimes inthislnd';tmentr)l\! plse in Rwsnda, between January 1 and December :3 1 of 1994.

3.2. During the events n:rerred to III this indictment, and were identified as ethnic or racial group<;.

3.3. DLL inlS the events referre, in thi' indi . (ment, there were in Rwanda \\idespre.d or sy ~ematic ,ttacL '1gain-t a civilian population, including Tutsis and certa:n 1{utus, Oil poliucal, etl lie or l'acial grounds.

, 3.4. During the events giVIng r;se to 'he charges in this indictment, the media exercised great inf1uence over the Rwandan population.

3.5. The periodical KANGURA was first published in 1990 in , Rwanda. From May 19 0 0 until March 1994, KA 'GURA was printed in Rwanda by the National P;'inting Press. I1 W;iS available :0 the public in Rwanda until at least in or about the month of July 1994. Throughout this period, Hassan Ngeze was its Editor-in-Chief

3.6. KANGURA was published in Kinyarwanda, with some material in French. An international version of KAN\, l'RA was also published and available to the public in Rwanda durin" the same period. The intemational version of the magazine was largely printed in French.

3.7. During the events gIVIng rise to the charges in this indictment, Hassan Ngeze in his capacity as Editor-in-Chief~ was responsible for, and exercised control over, the editorial and 'lrticle content, publication, and finances of KANGUR1\..

3.8. During the events glVIng nse to the charges m this indictment, Hassan

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Ngeze, with his knowledge and COllsent clnd ar his direction, published, and/or allowed to be published, i!j KANGURA certain materials which included, but were not limited to, the following:

a. editorial comment;

b. articles by. arinus jo Tn:1list and contributors;

c. ?ol jca anL. ,)Cial C'rto,ms;

d. lIe- .les , f; lcividuals.

3.9. The llldreri~ll n KANGURA referred to in paragraph 3.8 above:

a. was used in the preparation of genocide against Tutsis; •

b. incited to kill and/or cause serious bodily. or mental harm to Tutsis.

c. persecuted Tutsis and certainHutus.

3.10. Further, in his capacity as Editor-in-Chief of KANGURA, Hassan Ngeze was, consistent with parai'iraph 3.7 above, responsible for the content of all of the material published in the magazine. Despite this, he failed to take sufficient, measures to stop the publicati()n nor did he prevent others to publish such material as referred 1.0 in paragraph 3.8.

3.11. Further, on a number of occasions during the events gIvmg rise to the charges in tbis indictment, Hassan Ngeze made broadcasts over two radio stations in Rwanda. 'These stations were c(),nmonly kllown as RTLM dnd Radio Rwanda. The said radio stations were useu to bruadcast the ideology and designs of extremists wlthin Rwanda.

3.12. The broadcasts made by Hassan Ngeze::

a. incited to kill and/or cause serious bodily or mental harm to Tutsis;

PURL: https://www.legal-tools.org/doc/085c26/ b. persecuted Tutsis and certain Hutus.

3.13 On the 7'11 of April '994. ;n tie Pn:fecture of Gisenyi, Hassan Ngeze ordered the arrest and the death ot a Tmel woman.

3.14 On [he 21 st Jf Al--... 1<;')4, tht: PrekdurL of Gisel,Yi. Modeste Tabaro, a member 0+' the ethnic or racial group, was killed at the instigation of Hassan Ngezc.

3.1' iJn t:!e 13';' 0: . lay ,904, in tht: Preft:clUre ofCJisenyi, at a mass grave site in the comp11 ,Ie cummollly ,nown, at the (n'e. a; the "commu,le rouge", Hassan N~ ;~ze encomagec' n. ~mbers of the lnterahan- ve Inilitias in the killings ofTutsi. , 3.16 Between the 6'h of April and the 31 Sl of May 1994, in the Prefecture of Gisenyi, Sector Gist:nyi, district. Gacuba I, Hassan Ngeze distributed hand grenades to memoers of the Imerahamwe militias.

4. CHARGES

COUNT 1: By his acts in relation to events described in paragraphs 3.7 to 3.16, Hassan Ngeze did kill and/or cause serious bodily or mental harm to members of the Tutsi population, with the intention to destroy, :n whole or in pa11, an ethnic or racial group as such, and has thereby committed GENOCIDE, stipulated in Article 2(2)(a) and/or (b) and Article 2(3)(a) of the Statute as a crime, for which he is individually responsible pursuant to t\rtic!e 6( 1), and shieh is punishable in rt:ft:renee tJ A11icles 22 an ... 23 of.ne Statute of the Tribunal;

COUNT 2: By his acts in relation to evelllS described in paragraphs 3.9, 3.10 and 3.12, Hassan Ngeze, did directly and publicly incite to the killing and/or causing of sel'lOliS b,lilv, or mental harm '.n mell1h·.;rs of the Tutsi .oODulation , with the intention to destroy, in whole or ;n part, an ethnic or racial gt'OllP clS sllch, end has thereby committed DIRECT AND PUBLIC INCITEMENT TO COMMIT GENOCIDE, stipulated in Article 2(3)( c; of the Statute as a crime, for which he

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is individually responsible pursuant to Article 6( I) and which IS punishable 111 r'~ference to Articles 22 and 23 of the Statute of the TribunaL

COUNT 3: By his acts in relation to events described in paragraphs 3.9, 3.10, and 3.12 above, Hassan Ngeze did persecute, on political, racial, or ethnic grounds, as part of a widespread or systematic attack 19ainst a ci· ilian population. on political, ethnic or racial grounds, 2nd haschereby committed , stipulated in Article 3(h) of the Statute as a crime, for 'vrich he is indiviually responsible pursuant to Article 6(1), and wllich i" pUlL~hable in reference to Articles 22 and 23 ofthe Statute of the Tl ,bunal.

COUNT 4: By his acts in relation to events described in paragraphs 3.7 to 3.16, Hassan Ngezt: did murder as part of a widespread or systematic attack against a civilian population, on political, ethnic or racial grounds. and has thereby committed CRIMES AGAINST HUMANITY, stipulated in Article 3(a) of the Statute as a crime, for which he is individually responsible pursuant to Article 6(1), and which is punishable in reference to Articles 22 and 23 of the Statute of the Tribunal.

September, 1997 Kigali, Rwanda

Bernard lVluna

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