ICTRPublished by the Comm unicationNewsletter Cluster—ERSPS, Immediate Office of the Registrar International Criminal Tribunal for Rwanda NOV-DEC 2011

The Editorial Committee wishes you a Happy and Prosperous New Year! ICTR Completion Strategy: President Updates UN Security Council

The President of the Interna- the Appeals Chamber delivered tional Criminal Tribunal for two appeal judgments, in the Rwanda (ICTR), Judge Khalida Setako and Munyakazi cases. Rachid Khan, on November 7 The Appeals Chamber also ren- presented to the United Nations dered 1 decision disposing of an Security Council an updated re- interlocutory appeal, 4 decisions port on the implementation of the concerning post-appeal requests, Tribunal Completion Strategy. and 64 pre-appeal orders and The report covered the period decisions. Two other appeal from 13 May 2011 to 4 November judgements were still expected to 2011. According to Judge Presi- be delivered in 2011, for a total dent Khan, the Tribunal had com- of six appeal judgments for the pleted the work at the Trial level year. Judge Khan assured the with respect to 76 of the 92 ac- Council that four appeal judg- cused, which included two refer- ments are to be delivered in rals to national jurisdictions, two 2012, five by the end of 2013 Judge Khalida Rachid Khan withdrawn indictments, and two and the remaining three appeal indictees who died prior or in the judgments will be delivered in Contents course of the trial. The Tribunal 2014. ICTR Completion Strategy ...... 2 has delivered 50 first-instance Appeals Chamber Affirms referral of judgments involving 70 accused, With regard to staff manage- Uwikindi case to Rwanda ...... 3 9 of whom pleaded guilty, said ment, President Khan reiterated Judge Khan. her concern about the adverse Bagosora and Nsengiyumva Appeals Judgment Delivered ...... 4 impact the difficulty to recruit Regarding activities in Cham- qualified candidates in some ar- ICTR hands over Armored Truck to bers, the ICTR President pre- eas of work and to retain experi- Tanzania Prison Services ...... 5 dicted that all trial work was ex- enced staff members may have

Appeals Chamber Affirms pected to finish by the first half of on “the successful and timely Ntawakulilyayo’s Conviction ...... 6 2012, as the three judgments implementation of the completion projected in the last Completion strategy”. Édouard Karemera and Mathieu Strategy Report (S/2011/317) for Ngirumpatse sentenced ...... 6 delivery in the course of the re- In the area of cooperation, Judge Grégoire Ndehimana sentenced to 15 porting period were rendered. Khan once again stressed the years in Prison ...... 7 The major challenges remaining need for Member States to lend for the Tribunal, according to the their full and efficient cooperation Appeals Chamber hears oral arguments in the Hategekimana case ...... 8 ICTR President, include “the to the Tribunal in completing its completion of the final cases, mandate. This relates in particu- Appeals chamber hears oral Arguments special depositions, contempt lar to ensuring the arrest of the in the Kanyarukiga case……………….8 cases, and the review of witness remaining fugitives, the referral

Activity of the Appeals Chamber: protection orders”. The chal- of cases to national jurisdictions, November and December 2011……...9 lenges will have to be faced the transfer of convicts for the “amid continued departure of key enforcement of their sentence, Editor-in-Chief: Roland Amoussouga Associate Editor: Danford Mpumilwa staff”, said Judge Khan. and the relocation of acquitted Editorial Committee members: Sarah Kilemi, persons and persons who have Cheick Bangoura, Chiara Biagioni, Iyane Sow, Ahmed Anees, Roman Boed. In the Appeals Chamber, appel- served their sentence. Editing/Layout/Design/Photos: Mahbib late proceedings had been con- Jemadari, Constantin Désiré Lebogo, Speciosa cluded in respect of 37 persons The Tribunal, according to Judge Kitindi E-Mail: [email protected] as at 4 November 2011. And Khan, has also continued to since the last report in May 2011, Continue to page 2 ICTR Newsletter Nov-Dec2011

ICTR Completion Strategy: Justice Hassan B. Jallow Reports to the UN Security Council on the Work of the Office of the Prosecutor

ferral Chamber, in an unprecedented decision, granted the request of the Prosecutor to refer the Uwinkindi case to Rwanda for trial under Rule 11 bis of the ICTR rules. The decision was affirmed on 16 December 2011 by the Appeals Chamber. Justice Hassan Jallow expects this to pave the way for the transfer of other cases to Rwanda for trial, namely the Munyagishari case, as well as the Kayishema and Sikubwabo cases. This “confirmatory decision by the Appeals Chamber in the Uwinkindi case may also result in no new trials being commenced at the ICTR”, said the Chief Prosecutor.

The work of the Office of the Prosecutor in the months ahead will also be focused on the prose- cution and the management of appeals, the track- ing of fugitives, servicing foreign requests for as- sistance and preparing for the smooth and effec- tive transition to the Residual Mechanism. Justice Jallow vowed to intensify activities regarding the Justice Hassan B. Jallow tracking and arrest of the remaining nine fugitives through enhanced cooperation with relevant The Chief Prosecutor of the International Criminal Member States, especially in the Great Lakes Tribunal for Rwanda (ICTR) on 7 December 2011 region. updated the UN Security Council on the work of his Office over the past six months towards the The Office of the Prosecutor is currently updating completion of the ICTR’s mandate. Justice Has- case files in respect of six fugitives to ensure their san B. Jallow informed the Security Council that readiness for trial before the Residual Mechanism the Office of the Prosecutor had concluded trial or transfer to a national jurisdiction. proceedings in respect of four accused persons, and that judgement was delivered and conviction ICTR Completion Strategy: President Updates entered in the case of Ndahimana on 17 Novem- Continued form page 1 ber 2011. The hearing of evidence had been con- cluded in Nzabonimana, and the same was ex- improve awareness of its work through its out- pected in Nizeyimana shortly. The prosecution reach programme in showcasing, disseminating had closed its case in the matter of Augustin and sensitizing the people of the Great Lakes Ngirabatware subject to prosecution rebuttal evi- region and visitors to the Tribunal’s Offices in dence being led after closure of the defense case Rwanda and Tanzania about its achievements which is expected to resume in early 2012. He and challenges in the implementation of its man- revealed, “trial judgments have been rendered in date. all multi-accused cases, including Karemera et al. whose judgement was delivered later on 21 De- The Tribunal has thus welcomed over 1,700 visi- cember 2011”. tors to its seat, and continue its capacity-building activities for legal professionals in Rwanda during Regarding the cases of Felicien Kabuga, Protais the period under review. Mpiranya and Augustin Bizimana, the proceed- ings for the preservation of evidence are still go- Regarding the Residual Mechanism, she con- ing on, and “much progress has been achieved cluded that ICTR has been working closely with as the prosecution phase has been concluded in the all three cases”, assured the Chief Prosecutor. International Tribunal for the Former Yugosla- via (ICTY) to implement Security Council Resolu- Justice Jallow also revealed that there are cur- tion 1966 (2010) establishing the International rently only two detainees at the ICTR, namely Residual Mechanism for Criminal Tribunals. The Jean Bosco Uwinkindi and Bernard Munyagishari Arusha branch of the Mechanism is due to com- whose cases are pending trial. Moreover, the Re- mence its operations on 1 July 2012.

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Appeals Chamber Affirms Referral of Uwinkindi’s case to Rwanda

Jean Bosco Uwinkindi during a court hearing at the ICTR

The Appeals Chamber of the United Nations In- On 28 June 2011 a Referral Chamber of the Tri- ternational Criminal Tribunal for Rwanda on 16 bunal referred the case of Uwinkindi to Rwanda December 2011 dismissed Jean Uwinkindi’s ap- marking the first time in the history of the Tribunal peal against a decision by a Referral Chamber to to do so. Subsequently Uwinkindi appealed refer his case to the Republic of Rwanda to be against this decision. The Chamber was con- tried in the Rwandan national court system under vinced, based on the evidence, that Rwanda pos- Rule 11 bis. sesses the ability to accept and prosecute Uwinkindi’s case. The Appeals Chamber composed of Judges Theodor Meron, presiding, Patrick Robinson, The Chamber expressed its solemn hope that the Mehmet Gűney, Andrésia Vaz and Carmel Agius Republic of Rwanda would actualise in practice dismissed Uwinkindi’s appeal in all respects and the commitments it made in its filings about its affirmed the impugned decision and stayed the good faith, capacity and willingness to enforce the transfer of Uwinkindi to Rwanda pending a Trial highest standards of international justice. Chamber’s acceptance of a corrected indictment. The Referral Chamber also requested that the The Appeals Chamber recalled that, in a separate Registrar appoint the African Commission on Hu- decision it had ordered Trial Chamber III of the man and People’s Rights to monitor Uwinkindi’s Tribunal to direct the Prosecution to file a cor- trial in Rwanda and determined that the Commis- rected indictment in Uwinkindi’s case in order to sion would bring to the attention of the ICTR remedy several defects which had been identi- President any potential issues that may arise fied. throughout the course of the proceedings. The Chamber emphasised its authority under Rule 11 The Appeals Chamber noted that it considered it bis to revoke the case from Rwanda as a last re- important that these defects be remedied prior to sort if necessary. Uwinkindi’s transfer to Rwanda so that the Rwan- dan Prosecutor General’s office may file its own Uwinkindi was born in 1951 in Rutsiro commune, adapted indictment based on an instrument that Kibuye prefecture. He was a former Pastor of the gives proper notice and so that this case remains Pentecostal Church of Kayenzi in Kigali Rural trial-ready at the Tribunal in the event of any pos- prefecture. He is accused of being responsible for sible revocation of the order referring this case to attacks against Tutsi at Kayenzi Church, at Biyi- Rwanda. mana and Rwankeli cellules, and in Cyugaro’s swamps. He was arrested in Uganda on 30 June In addition, the Appeals Chamber found that 2010 and transferred to the United Nations De- monitoring reports should be submitted on a tention Facility in Arusha on 2 July 2010. monthly basis until the President of the Tribunal or Residual Mechanism decides otherwise.

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Bagosora and Nsengiyumva Appeals Judgement Delivered

The Appeals Chamber of the International Crimi- imprisonment. The Appeals Chamber reversed nal Tribunal for Rwanda, composed of Judge Nsengiyumva’s convictions for the killing of Theodor Meron, presiding, Judge Patrick Robin- Alphonse Kabiligi, as well as for the killings at son, Judge Mehmet Güney, Judge Fausto Pocar, Mudende University, Nyundo Parish, and Bise- and Judge Liu Daqun, on 14 December 2011 sero. It also reversed Nsengiyumva’s convictions delivered its judgement on the appeals lodged by for murder as a crime against humanity. In addi- Théoneste Bagosora and Anatole Nsengiyumva, tion, the Appeals Chamber set aside the finding reversing a number of their convictions and re- that Nsengiyumva was responsible for ordering ducing their life sentences to 35 and 15 years of the killings in Gisenyi town on 7 April 1994, but, imprisonment, respectively. Judges Meron and Robinson dissenting, found him liable as a superior instead. On 18 December 2008, Trial Chamber I found Bagosora and Nsengiyumva guilty of , , and serious violations of Anatole Article 3 common to the Geneva Conventions and Nsengiyumva, of Additional Protocol II for crimes committed in former April and June 1994 in Kigali, Gisenyi, and Commander Kibuye prefectures. of the Gisenyi Operational Théoneste Sector Bagosora, former Director of Cabinet,

Rwandan It thus affirmed Nsengiyumva’s convictions for Ministry of genocide, crimes against humanity Defense (extermination and persecution), and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II The Appeals Chamber affirmed Bagosora’s con- (violence to life) in relation to the Gisenyi town victions for genocide, crimes against humanity killings. The Appeals Chamber considered that (murder, extermination, persecution, rape, and the reversal of nearly all of Nsengiyumva’s con- other inhumane acts), and serious violations of victions called for a revision of his life sentence, Article 3 common to the Geneva Conventions and and entered a new sentence of 15 years of im- of Additional Protocol II (violence to life and out- prisonment. rages upon personal dignity). At the time of the relevant events, Bagosora was However, it reversed Bagosora’s convictions for directeur de cabinet in the Rwandan Ministry of the killings of Augustin Maharangari, Alphonse Defence. Bagosora was arrested in Cameroon Kabiligi, and the peacekeepers murdered before on 9 March 1996. He is to remain in the United his visit to Camp Kigali, as well as for the killing in Nations Detention Facility in Arusha, Tanzania, Gisenyi town, at Mudende University, and at pending his transfer to the country in which he Nyundo Parish. will serve his sentence. He was defended by Counsel Raphael Constant (Martinique/France) The Appeals Chamber also set aside the finding and Allison Turner (Canada). that Bagosora was responsible for ordering crimes committed at Kigali area roadblocks, but Nsengiyumva served as Commander of the Gis- found him liable as a superior instead. In addition, enyi Operational Sector. He was arrested in the Appeals Chamber reversed a number of Cameroon on 27 March 1996. He was immedi- Bagosora’s convictions for murder as a crime ately released following the hearing today in light against humanity and, Judge Pocar dissenting, of time served. Counsel Kennedy Ogetto and for other inhumane acts as a crime against hu- Ottachi Bw’Omana from Kenya represented manity for the defilement of Rwandan Prime Min- Nsengiyumva. ister Uwilingiyimana’s corpse. The Appeals The Prosecution was initially led by Chile Eboe- Chamber, Judges Pocar and Liu dissenting, con- Osuji but was transferred to Barbara Mulvaney sidered that the reversal of some of Bagosora’s whose team included Drew White, Christine Gra- convictions called for a revision of his life sen- ham and Rashid Rashid. tence, and entered a new sentence of 35 years of

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ICTR Hands Over Armoured Truck to Tanzania Prison Services

The United Nations International Criminal Tribu- established in 1994. She added that the handing nal for Rwanda on 10 November 2011 handed over of the truck was just a token of appreciation over a Mercedes Benz armoured truck with eight of this work and reiteration of the Tribunal’s new spare tyres to the Tanzania Prison Services commitment to assisting the Prison Services for the latter to use it for its prison activities. through capacity building projects.

The handover ceremony was held at the UN De- Dr. Kilemi added that the Tribunal was also un- tention Facility in Arusha. dertaking training programmes for the Tanzanian

Chief Of DASS, Ms. Sarah Kilemi handing over the keys of the Armoured Truck to the Tanzanian Commis- sioner of Prisons

Dr. Sarah M Kilemi, the ICTR Chief of the Divi- Prison Officers. It is on record that the ICTR, in sion of Administrative and Support Services particular the UNDF, has also contributed to the (DASS) handed the keys of the truck to Mr Fidelis efficiency of the Tanzania Prison Services by way Mboya, the Tanzania Commissioner of Prisons in of offering on-the-job training to about 300 offi- charge of Legal and Administration Services, at a cers. ceremony attended by senior officials of the Tri- bunal and the Prison Services. The Commis- This was achieved by ensuring the officers as- sioner was representing the Tanzania Principal signed to the UNDF for the past 15 years were Prison Services Commissioner Mr. Augustino trained in various aspects of handling detainees Nanyaro who could not attend the event due to in accordance with international required stan- other commitments. dards. The heavily armoured truck was being used by the Tribunal’s Detention Facility to transport its Some of them were trained in First Aid, fire fight- detainees who are being tried by the ICTR for ing techniques, team building and confidence crimes of genocide they allegedly committed in building. Rwanda in 1994. The Tribunal, Dr. Kilemi added, was now inviting Speaking during the occasion, Dr. Kilemi, who the Prison Services to avail some of its officers read a statement on behalf of the ICTR Registrar for short secondment programmes with the ICTR Mr. Adama Dieng, expressed ICTR’s appreciation as part of a more effective training programme. for the support the Tanzania Prison Services has These would then be re-absorbed back by the accorded the Tribunal’s operations since it was Prison Services.

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The Appeals Chamber Affirms Édouard Karemera and Matthieu Ngirum- Ntawukulilyayo’s Conviction, patse Sentenced to Life Imprisonment Reduces his Sentence Trial Chamber III of the United Nations Interna- tional Criminal Tribunal for Rwanda composed of Judges Dennis Byron, presiding, Gberdao Gus- tave Kam, and Vagn Joensen delivered on 21 December 2011 its judgement concerning Édouard Karemera, Minister of the Interior in the Interim Government and Vice-President of the MRND and its Executive Bureau, and Matthieu Ngirumpatse, National Party Chairman of the MRND and Chairman of its Executive Bureau.

Matthieu Ngirumpatse, Dominique Ntawukulilyayo former Sub-Prefect of Former National the Gisagara sub-prefecture, in Butare prefecture. Party Chairman of The Appeals Chamber of the International Crimi- the MRND and nal Tribunal for Rwanda, composed of Chairman of its Judge Carmel Agius, presiding, Judge Mehmet Executive Bureau. Güney, Judge Liu Daqun, Judge Arlette Ramaro- son, and Judge Andrésia Vaz on 14 December 2011 affirmed the conviction for aiding and abet- ting genocide of Dominique Ntawukulilyayo, but Édouard Karemera, reduced his sentence. former Minister of the Interior in the Interim On 3 August 2010, Trial Chamber III convicted Government and Ntawukulilyayo of genocide for ordering, as well Vice-President of the as aiding and abetting, the killing of Tutsi civil- MRND and its ians at Kabuye hill, Butare prefecture, in Executive Bureau. April 1994. The Trial Chamber sentenced Ntawu- kulilyayo to 25 years of imprisonment.

The Appeals Chamber found that Ntawukulilyayo The judgement deals with a wide range of crimes was not liable for ordering the killings at Kabuye of utmost gravity committed throughout Rwanda hill, and that the Trial Chamber therefore erred in between April and July 1994. The Trial Chamber convicting him of ordering genocide for those found that the Accused were members of a joint killings. However, the Appeals Chamber affirmed criminal enterprise to destroy the Tutsi population Ntawukulilyayo’s conviction for aiding and abet- of Rwanda and, therefore, liable not only for their ting genocide by instructing the refugees who own criminal acts and omissions, but also for the had gathered at Gisagara market to move to Ka- criminal acts and omissions committed by others buye hill, and by transporting soldiers who par- within the common purpose of that enterprise. ticipated in the 23 April 1994 attack at Kabuye They also bear extended liability for the wide- hill. The Appeals Chamber reduced Ntawuku- spread rapes and sexual assaults of Tutsi women lilyayo’s sentence to a term of 20 years of impris- and girls, which were a foreseeable consequence onment. of the joint criminal enterprise. Moreover, the judgement finds that the Accused During the relevant events, Ntawukulilyayo was bear superior responsibility for the crimes com- the Sub-Prefect of the Gisagara sub-prefecture, mitted by the Kigali and Gisenyi Interahamwe, in Butare prefecture, a position he maintained and administrative personnel in the ministries until he left Rwanda in July 1994. Ntawukulilyayo controlled by the MRND, such as Colonel Théon- was arrested in France on 17 October 2007. He este Bagosora, throughout the entirety of the is to remain in the United Nations Detention Fa- genocide. In addition, Édouard Karemera bears cility in Arusha, Tanzania, pending his transfer to superior responsibility as of 25 May 1994 for the the country in which he will serve his sentence. crimes committed by civilians who participated in The Prosecution was led by Charles Adeogun- the Civil Defence Programme and local officials Phillips assisted by Ibukunolu Babajide while who were part of the territorial administration. Counsel Maroufa Diabira from Mauritania repre- sented the accused. Continued on page 7

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Édouard Karemera and Matthieu Ngirumpatse Sentenced to Life Imprisonment Continued from page 6 After assessing the alleged criminal conduct of count, noting that the conviction for genocide the Accused, the Trial Chamber found Édouard fully accounted for their criminal responsibility in Karemera and Matthieu Ngirumpatse guilty of that regard. Having considered the gravity of genocide, direct and public incitement to commit each of the crimes, the Trial Chamber sentenced genocide, extermination as a crime against hu- Édouard Karemera and Matthieu Ngirumpatse to manity, rape and sexual assault as crimes life imprisonment. against humanity, and killings as causing vio- lence to health and physical or mental well-being as serious violations of Article 3 Common to the Édouard Karemera was born on 1 September Geneva Conventions and Additional Protocol II. 1951 in Mwendo commune, Kibuye préfecture, The Chamber dismissed the count of complicity Rwanda. He was arrested in Lomé, Togo, on 5 in genocide because it was pleaded as an alter- June 1998 and transferred to the United Nations native to the count of genocide. Although it found Detention Facility. He was defended by Ms. Dior the Accused guilty of conspiracy to commit geno- Diagne Mbaye, assisted by Félix Sow from Sene- cide, the Chamber did not convict them of this gal.

Grégoire Ndahimana Sentenced to 15 Years in Prison

Trial Chamber III of the United Nations Interna- Among others, the Trial Chamber found Ndahi- tional Criminal Tribunal for Rwanda on 17 No- mana’s position as the leading political authority vember 2011 found Grégoire Ndahimana, former in Kivumu Commune to be an aggravating factor. Mayor of Kivumu Commune in Kibuye Prefecture, However, the majority of the Trial Chamber, guilty of genocide and extermination as a crime Judge Arrey dissenting, found that this factor was against humanity. It then sentenced him to fifteen mitigated by its belief that the accused did not years in prison. enjoy the same degree of de facto authority as that exercised by Bourg- The Chamber composed of mestres who were mem- Judges Florence Rita Arrey, bers of the National Re- presiding, Bakhtiyar publican Movement for Tuzmukhamedov and Aydin Democracy and Develop- Sefa Akay found Ndahimana ment (MRND). guilty of genocide and extermination by aiding and The majority also found as abetting as well as by virtue mitigating factor the fact of his command responsibil- that the scale of the ity over communal police in operation that led to the Kivumu. Judge Arrey agreed destruction of Nyange with the majority that the church, and the killing of accused was guilty on these Grégoire Ndahimana, former Mayor of Ki- thousands of Tutsi counts but dissented on the vumu Commune in Kibuye Prefecture civilians, reflected broad appropriate mode of liability. coordination among various groups, local and religious authorities as The Trial Chamber unanimously dismissed the well as civilian assailants. other count of complicity in genocide. Though this did in no way exonerate the ac- The Trial Chamber having considered the gravity cused, it did, however, suggest that his participa- of each of the crimes, for which Ndahimana was tion through aiding and abetting may have re- convicted, sentenced the accused to a single sulted from duress rather than from extremism or sentence of 15 years imprisonment, with Judge ethnic hatred. Arrey dissenting. It also ordered that the sentence supersedes any other sentence imposed on the Ndahimana was arrested in the Democratic Re- accused by any other state or institution. Ndahi- public of Congo (DRC) and was transferred to the mana will receive credit for time served since his UN Detention Facility in Arusha on 26 August arrest on 11 August 2009, pursuant to Rule 101 2009. He was born in 1952 in Kivumu Commune. (C) of the Rules.

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Appeals Chamber Hears Oral Arguments The Appeals Chamber Hears Oral Argu- in the Hategekimana Case ments in the Kanyarukiga Case

The Appeals Chamber of the International Crimi- The Appeals nal Tribunal for Rwanda, composed of Judge Chamber of the Fausto Pocar, presiding, Judge Patrick Robinson, International Crimi- Judge Mehmet Güney, Judge Andrésia Vaz, and nal Tribunal for Judge Carmel Agius, on 15 December 2011 Rwanda, heard oral arguments in the appeal filed by composed of Ildephonse Hategekimana against the judgement Judge Patrick pronounced by Trial Chamber II on 6 December Robinson, 2010 and filed in writing on 14 February 2011. presiding, Judge Mehmet Güney, The Trial Chamber convicted Hategekimana of Former business man, Gaspard Judge Fausto genocide for the killing of Salomé Mujawayezu, Kanyarukiga, during his Trial Pocar, Judge Alice Mukarwesa, and Jacqueline Mukaburasa in ICTR Arusha. Arlette and of Tutsi civilians at the Ngoma Parish and the Ramaroson, and Maison Généralice. In addition, the Trial Chamber Judge Andrésia Vaz, heard on 14 December convicted Hategekimana of murder as a crime 2011 oral arguments regarding the appeals by against humanity in relation to the killing of Jean Gaspard Kanyarukiga and the Prosecution Bosco Rugomboka, Salomé Mujawayezu, Alice against the Judgement rendered by Mukarwesa, Jacqueline Mukaburasa, and So- Trial Chamber II on 1 November 2010 and is- lange Karenzi. Finally, the Trial Chamber con- sued in writing on 9 November 2010. victed Hategekimana as a superior of rape as a crime against humanity for the rape of Nura The Trial Chamber convicted Kanyarukiga for Sezirahiga by one of his subordinates. Hategeki- genocide and extermination as a crime against mana was sentenced to a single term of life im- humanity based on his participation in the plan- prisonment. ning of the destruction of the Nyange church in Nyange secteur, Kivumu commune, Kibuye Hategekimana contends that the Trial Chamber préfecture on 16 April 1994, which resulted in the violated his fair trial rights and committed a num- killing of approximately 2,000 Tutsi civilians. The ber of other errors of fact and law in considering Trial Chamber sentenced Kanyarukiga to thirty his case. He requests the Appeals Chamber to years of imprisonment. set aside or overturn his convictions and order his immediate release—or in the alternative to re- Kanyarukiga contends that the Trial Chamber dress the violations of his fair trial rights by reduc- committed a number of errors of law and fact and ing his sentence to time-served and awarding him requests the Appeals Chamber to overturn his financial compensation. convictions and acquit him on all counts, Hategekimana was or substantially shorten his sentence, or order a born on 1 February new trial. 1964 in Mugina Commune, Gita- The Prosecution advances two grounds of ap- rama Prefecture, peal, arguing that the Trial Chamber committed Rwanda. In 1994, an error of law in finding that planning cannot be he held the rank of a contribution to a joint criminal enterprise and lieutenant in the that it further erred in determining Kanyarukiga’s Rwandan army and sentence. served as the com- mander of the In April 1994, Kanyarukiga was a businessman Ngoma Military who owned a pharmacy in the Nyange Trading Ildephonse Hategekimana Camp in Butare Centre, located in Nyange secteur, Kivumu com- Former Lieutenant in the Prefecture. He was mune, Kibuye préfecture. Rwandan Army and arrested on 16 Feb- commander of the Ngoma ruary 2003 in Congo He was arrested in South Africa on 16 July 2004 Military Camp in Butare Pre- Brazaville and was and transferred on 19 July 2004 to the UN De- fecture. transferred to the tention Facility in Arusha. UN Detention Facil- ity in Arusha three days later. He is represented He is represented by David Jacobs from Canada by Counsel Jean de Dieu Momo from Cameroon while the Prosecution is led by Ms. Holo while the Prosecution is led by William Egbe. . -8- ICTR Newsletter Nov-Dec2011

Activity of the Appeals Chamber: November and December 2011 (as of 31/12/11)

During November and December, the Appeals The Trial Judgement in the Gatete case was ren- Chamber delivered Judgements in the Bagosora dered on 29 March 2011 and issued in writing on & Nsengiyumva and Ntawukulilyayo cases and 31 March 2011. Both parties filed notices of ap- heard appeals in the Kanyarukiga and Hategeki- peal in May 2011, the briefing was completed in mana cases. The Appeals Chamber also issued December 2011, and the appeals are being pre- its decision concerning referral in the Uwinkindi pared for a hearing. case, and issued 1 decision on an interlocutory appeal (Uwinkindi), as well as 21 pre-appeal deci- The Trial Judgement in the Ndindiliyimana et sions or orders. al./Military II case was rendered on 17 May 2011 and issued in writing on 20 June 2011. All Currently, the Appeals Chamber is seized of 14 five parties requested extensions of time to file matters, including 8 cases involving appeals from their notices of appeal and the briefing is in pro- judgement concerning 18 persons. gress.

Appeals from Judgement The Trial Judgement in the Nyiramasuhuko et al./Butare case was rendered on 24 June 2011 The Bagosora et al. Trial Judgement was pro- and issued in writing on 14 July 2011. All seven nounced on 18 December 2008 and issued in parties expressed their intention to appeal and writing on 9 February 2009. Theoneste Bagosora, the briefing is in progress. Aloys Ntabakuze, and Anatole Nsengiyumva ap- pealed. The briefing in respect of the appeals was The Trial Judgement in the Government II case completed at the end of July 2010. was rendered on 30 September 2011 and was issued in writing on 19 October 2011. Two of the The appeals of Theoneste Bagosora and Anatole parties filed their Notices of Appeal on 21 No- Nsengiyumva were heard from 30 March 2011 vember 2011 and the briefing is in progress. through 1 April 2011. Due to unavailability of Aloys Ntabakuze’s counsel for the scheduled The Trial Judgement in the Karemera & hearing of his appeal, the Appeals Chamber sev- Ngirumpatse case was rendered on 21 Decem- ered his case and heard his appeal on 27 Sep- ber 2011 and both convicted persons expressed tember 2011. The Appeal Judgement in the their intention to appeal. Bagosora & Nsengiyumva case was delivered on 14 December 2011 and deliberations are in Other Appeals and Post-Appeal Requests progress in the Ntabakuze case. In addition to these appeals, the Appeals Cham- The Trial Judgement in the Kanyarukiga case ber is seized of 2 interlocutory appeals in the was rendered on 1 November 2010 and issued in Ngirabatware and Nzabonimana cases, and 4 writing on 9 November 2010. Both parties filed requests for review in the Ndindabahizi, Kajeli- notices of appeal in December 2010 and the jeli, Karera, and Niyitegeka cases. briefing was completed in June 2011. The ap- peals were heard on 14 December 2011 and de- Summary liberations are in progress. During 2011, the Appeals Chamber delivered 6 The Trial Judgement in the Hategekimana case Appeal Judgements, 1 decision on a referral ap- was rendered on 6 December 2010 and issued in peal, 5 decisions on interlocutory appeals, 7 de- writing on 14 February 2011. Ildephonse cisions on review or other post-appeal requests, Hategekimana filed his notice of appeal on 16 and issued 150 pre-appeal orders or decisions. March 2011 and the briefing was completed in To date, the Appeals Chamber has delivered 33 July 2011. The appeal was heard on 15 Decem- Appeal Judgements, concluding the appellate ber 2011 and deliberations are in progress. proceedings in respect of 40 persons.

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