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Lst-Oo-'5B-PT\Aoo J T -\A- -Lolo L\000 - Q 66Q Lnternationalcriminal Tribunal for Rwanda Tribunalp6nal International Pour Le Rwanda

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Lst-Oo-'5B-PT\Aoo J T -\A- -Lolo L\000 - Q 66Q Lnternationalcriminal Tribunal for Rwanda Tribunalp6nal International Pour Le Rwanda lSt-oo-'5B-PT\aoo j t -\a- -lOlO L\000 - q 66q lnternationalCriminal Tribunal for Rwanda TribunalP6nal International pour le Rwanda ArushaInternational Conference Centre P.O.Box6016, Arusha, Tanzania - B.P. 6016, Arusha, Tanzanie Tel: +255(27\ 2504207-11 2504367-72ot + 1(21 2) 963-2850 Fax +255(27) 2504000/4373or +1 (212')963-2U449 OFFICE OF THE PROSECUTOR-BUREAU DU PROCUREUR Date: 17December 2010 Ref: ICTR-2OOO-55C-PT To: Mr. John PHILPOT From: Drew WHITE (DefenceCounsel) (ProsecutionCounsel) Through: NouhouDiallo (LO, CoordinatorTC I) Cc: Subject: REFILED SecondAmended Indictment: English& French l. Furtherto the Trial Chamber'sDecision dated 15 December2010 and filed 16 December,ordering conections to the SecondAmended Indictment that wasfiled on 29 September2010, please find herewiththe Englishoriginal of the SecondAmended Indictment with the ordered conections, now having been re-signedand dated for today'sdate, plus a copyofthe Frenchtranslation. Pleasenote that the paragraphnumbering remains unchanged. Thank you and bestregards. tt+ga Prosecutor y N izeyimana ICTR-00-5 5-PT CORRECTEDSecond Amended Indictment 1.7/ l 2/ 10 InternationalCriminal Tribunal for Rwanda ,/,6.\. ofi'"qx wWTribuna|P6na||nternationa|pour|eRwanda Arusha lnternational Confurencs Centre P.O.Box 6016,Arusha, Tanzanla Telt 255 27 2fi1207 -11A367-72 or | 212 963 2850- Fax: 255 27 25U00014373or 1 212 963 28/,8 TRIAL CHAMBER III Before: JudgeLee Muthoga,Presiding Judge JudgeSeon Ki Park JudgeRobert Fremr Registrar: AdamaDieng Filedon: l7 December2010 THEPROSECUTOR v. ILDEPHONSENIZEYIMANA (CASENo. ICTR-2000-55-PT) SECONDAMENDED INDICTMENT (Filed pursuantto Trial ChamberOrder dated 15 December2010) QlzS Prosecutorv Nizq/imanaICTR-00-5 5 -PT CORRECTEDSecond Amended Indictment I7/12/10 The Prosecutorof the United Nations International Criminal Tribunal for Rwanda,pursuant to the authority stipulatedin Article 17 of the Statuteof the InternationalCrininal Tribunal for Rwanda(the "Statute") charges: IldephonseNIZEYIMANA With: CountI - GENOCIDE,pursuant to Articles2(3)(a), 6(1) and 6(3) ofthe Statute; Count II - EXTERMINATION as a CRIME AGAINST HUMANITY, pusuant to Articles3O), 6(1)and 6(3) of the Statute; Count III - MURDER as a CRIME AGAINST HUMANITY, pursuantto Articles 3(a),6(l) and6(3) of the Statute; Count [V - RAPE as a CRIME AGAINST HUMANITY, pursuant to Articles 3(g),6(1) and 6(3) ofthe Statute; Count V - MURDER as a violation of Article 3 common to the Geneva Conventionsof 12August 1949 ('Article 3 Common')and Additional ProtocolII of 8 June1977 relating to the Protectionof Victims ofNon- Intemational Armed Conflicts ("Protocol II"), a crime stipulated in Article 4(a) ofthe Statute;and CountVI - RAPE as a violationof Article 3 Commonand ProtocolII. a crime in Article4(e) ofthe Statute. THEACCUSED l. IldephonseNIZEYIMAI\A was bom on 5s October1963 in Mutura Commune, Gisenyiprdfecture, Republic of Rwanda. IldephonseNIZEYIMANA: (A) was, at all times referredto in this indictment,a Captainin the Forces Armdes Rwandaises("FAR"); (B) held the position of. S2lS3,in chargeof intelligenceand military operations at the Ecole des Sous Officiers C'ESO') in Butare prifecture during April 1994 and part of May 1994: (C) was, at all times referredto in this indictrnent,a memberof a group of persons from Gisenyi prifecture, including Theoneste Bagosor4 Anatole Nsengiyumv4 Aloys Ntabakuze, Augustin Ngirabatware, Vincent Nteziman4 Alphonse Higaniro, Michel Bagaragaz4 Leon Mugeser4 Omar Serushago,Hassan Ngeze, Mathias Nyagasaza, Wellars Banzi, and others, whose self-interestwas in promoting and advancingtheir regional, familial and clan power and influence as 'Abakiga', who formed an influential corps alignedwith the interests of northemersfocussed around former PresidentHabyariman4 and tt+z+ Prosemtor v NizeyimanqICTR-00-5 5-PT CORRECTEDSecond Amended Indictment 17/12/ l0 viewed by the soldiersat ESO, as well as the Interahamweand other militia in B$are prdfectureas being a leaderof those who held extremistanti-Tutsi views. As such,he exercisedpower, authority and influenceamongst all soldiers,Interahamwe, other militia and armed civiliansin theregion beyond his dejare militaryrank; (D) consequentlyhad, at all times referredto in this indictrnent,not only dejure andde facto control over all armedforces who were underhis immediatecommand, namely the FAR officers, rank and file at ESO, but also defacto control, authority or inlluence over all armedforces in the region, including the Interahamwe,militia and armedcivilians in the region, each of whom were under his command, control, authority or inlluence in that he could order such personsto commit or to refrain from committing unla*frrl acts and could discipline or punishthem for unla'*fi actsor omissions. IIL CHARGESAND CONCISE STATEMENT OF FACTS 3. At all times refened to in this indictment there existedin Rwandaa minority ethnic groupknown asthe Tutsi, officially identified as suchby the goverffnent of Rwanda. The majority of the population of Rwandawas comprisedof an ethnic gtoup known asthe Hutus,also offrcially identified as suchby the govemmentof Rwanda. 4. Between6 April 1994and 17July 1994inclusive, throughout Rwanda, and in Butare prdfecture in particular, Interahamwe, soldiers of the FAR and armed civilians, targetedand attackedthe civilian populationbased on ethnic identification as Tutsi, or perceivedsympathies to the Tutsi. During the attacks some Rwandan citizens killed or causedserious bodily or mentalharm to personsperceived to be Tutsi. As a result of theseattacks, large numbers of ethnically identified Tutsi were killed. Count I: GENOCIDE The Prosecutorof the International Criminal Tribunal for Rwanda chargesIldephonse NIZEYIMANA with GENOCIDE, a crime stipulatedin Article 2(3)(a) of the Statute,in that on or betweenthe dates of 7 April 1994 and 17 July 1994 throughout Rwanda, particularly in B$are pr4fecfirre, Ildephonse NIZEYIMAITIA was responsiblefor killing or causingserious bodily or mentalharm to membersofthe Tutsi ethnic group, including actsof sexualviolence, with intent to destroy,in whole or in part, an etlnic group,as such, asoutlined in paragraphs5 tluough 35 herein. CONCISE STATEMENT OF'FACTS FOR COTJNTI Individual Criminal Resoonsibilily 5. Pursuantto Article 6(1) of the Statute,the Accused,Ildephonse NIZEYIMANA, is individually responsiblefor genocidebecause he planned, instigated,ordered, \+zo Prosecutor v Nizeyimana ICTR-00-5 5-PT CORRECTEDSecond Amended Indictment l7/ I 2/10 committedor otherwiseaided and abettedin the planning,preparation or executionof tlese crimes. With respectto the commissionof those crimes, Ildephonse NIZEYIMANA orderedthose over whom he had authority as a result of his military rank, position and social influence describedin paragraph2 herein. In addition, the Accusedcommitted genocide by wilfully and knowingly participatingin a joint criminal enterprise whose object, purpose, and foreseeableoutcome was the commissionof genocideagainst the Tutsi etlnic group and personsidentified as Tutsi or presumedto supportthe Tutsi in Butarep rifecture. To fulfil this criminal purpose, the Accused acted with leaders and members of the FAR, including Colonel Tharcisse Muvunyi, Lieutenant Ildephonse Hategekimana,Lieutenant Cyriaque Habyarabatumaof the Butare Gendarmerie,Sous-Lieutenants Jean Pierre Bizimana, Modeste Gatsinzi, Ezechiel Gakwerere, Alphonse Ndayambaje, and Tharcisse Ngendahimana,Chief Warrant Officers FrancoisNtibiramira, Damien Ntamuhang4 and Paul Kanyeshyamba,Sergeant Ezechier Rwaza, Sergeant Major Innocent Sibomana,Corporal Fulgence Niyibizi, and a numberof otherofficers, soldiers and recruitsfrom ESO; the Interahamwe,including JeanMarie Vianney Ngabonziza;the "Civil DefenseForces"; militias acting as a group in loose organisation,namely militias affiliated with the MRND, MDR, PL, CDR and PSD parties and armed civilians acting as individualsin a commonpqpose; communalpolice and local adminisftative officials from communesin Butare preJiicture, including Ngoma, Huye, Gishamru,Nyaruhengeri, Ndor4 Shyanda,Mbazi, Nyakizu, Kigembe,Ntyazo, Ruhashya,Mugusa and Kibayi, among othets; other known participants, such as Vincent Nteziman4 lnnocentNkuyubwatsi; and other unknownparticipants, all such actionsbeing taken either directly or through subordinates,for at leastthe period of 6 April 1994through 17 July 1994inclusive. Each of the above-namedmembers of the joint criminal enterpriseacted in concertwith variousother members,often acting on Ildephonse NIZEYIMANA's orders, authorizafion or instigation. The particulars that give rise to the Accused'sindividual criminal responsibility pursuant to Article 6(1) ofthe Statuteare set forth in paragraphs6 through35 herein. Roadblocks 6. From 7 Apil 1994until mid July 1994,Ildephonse NIZEYIMANA orderedand instigated soldiers from the ESO, Ngoma Camp and Butare GendarmerieCamp, militias affrliatedwith the MRND, MDR, PL, CDR and PSD parties,local citizens and demobilized soldiers who were all membersof the joint criminal enterprise referred to in paragraph5 herein, and in particular Sous-LieutenantsBizimana and Gatsinzi,who actedin concertwith SergeantEzechier Rwaza, to constructand man roadblocksthrou ghout Btfiarc prdfeclare including thoseat: (i) Tumba; (ii) Rwabuye; (iii) Rwasave; (iv) in the Arab quarter(aka 'Cyarabu'); (v) thejunction leading to GroupeScolaire; (vi) outsideHotel Faucon in Butaretown; (vii) nearthe entranceto ButareUniversity and Qrzf Prosecutorv NizeyimqnaICTR-00-5 5-PT CORRECTEDSecond Amended Indiament
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