InternationalCriminal Tribunal for TribunalPénal Internationalpour le Rwanda

UNITEDNATIONS NATIONSUNIES ArushaInternational Conference Centre P.O.Box6016, Arusha, Tanzania - B.P.6016, Arusha, Tanzanie Tel:255 27 4207-11/2504367-72 or 1 212 963 2850Fax: 255 27 2504000/4373or 1 212 963 2848

INTEROFFICE MEMORANDUM -- MEMORANDUM INTERIEUR

To" Mr. ConstantHometowu Date: 8 March~{~1~ U Coordinator,Trial Chamber III Ref: ()

! From: StëPô:TrîâïPtto~’e~y~(~, )~¢ . r2J ~ Media/AkazuTeam J~,53 -0 Subject: Filingof AmendedIndictment in compliancewith the TrialCha~tber’s o’i decisionof 2 March2005 in Prosecutorv. Zigiranyirazo,ICTR-~01-73-I -- oe

1. Kindlyfind attached the AmendedIndictment for filingin compliancewith the TrialChamber’s decision of 2 March2005.

2. Ailthe deletions and additions required by saidDecision have been made in this AmendedIndictment. Regarding the directionin ParagraphII(3) on page8 theDecision "to insert names of unprotectedwitnesses in therelevant paragraphs as statedin paragraph25 [thisis believedto be 22]above," the Prosecution notes thatthe statementof its witness(SGO) does not giveany furthernames of the membersof the Sekimonyofamily or Bahomatutsi clan. However, its witness AKK does not providethe namesof 11 victimsof the killingson Keshoor GashiheHill. These have been set forth in revisedparagraphs 13 and30.

3. As the TrialChamber focused on theallegation that Kesho or GashiheHill and RumgaHill were in the samesecteur (following the receiptof the corrected informationthat there were not in thesame cellule), and for the sake of accuracy, the referencesto Kabayengocellule have been omitted from revised paragraphs 12,14, 29 and31.

4, Alsoattached is an annexureshowing the deletions and omissions.

5. Alsoattached is Frenchversion of theIndictment. This has been prepared by the Prosecutionin the interests of time.Essentially ail of theadditions to thetext involveddates and names.Most of the requiredchanges were deletions. As suchit waspossible to editthe French translation of the Amended Indictment of 31 August2004 without the needto sendthe new Amendedindictment of the LanguageSection.

6. Bestregards UNITED NATIONS INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA

CaseNo. ICTR-2001-73-I

c=::a () i THE PROSECUTOR

AGAINST qJ :70 > ~ ~ -~ O _ ~ oa. <: m f

AMENDED INDICTMENT

1/13 TheProsecutor ofthe United Nations International Criminal Tribunal for Rwanda, pursuant to theauthority stipulated inArticle 17 ofthe Statute of theInternational Criminal Tribunal for Rwanda(the "Statute") charges:

Protais ZIGIRANYIRAZO

With:

Count 1 - CONSPIRACY TO COMMIT Count2 - GENOCIDE,or alternatively Count 3 - COMPLICITYIN GENOCIDE Count 4 - EXTERMINATION as a CRIME AGAINST HUMANITY Count 5 - MURDER as a CRIME AGAINST HUMANITY.

II. THE ACCUSED

1. ProtaisZIGIRANYIRAZO (alias Mr. "Z")was bornin north-westernRwanda in 1938in Giciyecommune, Gisenyi prefecture. Giciye, together with the adjoining commune of Karago constitutesBushiro which is alsothe birthplace offormer Rwandan president Juvénal HABYARIMANAand his wife Agathe KANZIGA.Protais ZIGIRANYIRAZO is Agathe KANZIGA’sbrother, hence the brother-in-lawof President HABYARIMANA.

2. ProtaisZIGIRANYIRAZO served the SecondRepublic MRND govemmentof Juvénal HABYARIMANAas prefetof Ruhengeriprefecture from 1974 to 1989.During the events citedin thisAmended Indictment he wasa businessmanin Giciye commune.

3. UnderPresident HABYARIMANA’s rule, political and financialpower in Rwandawas consolidatedwithin a tight circle consisting ofextended family members of the president and membersof an elitedrawn almost exclusively from Rwanda’s northern prefectures of Gisenyi and Ruhengeri.Protais ZIGIRANYIRAZO was a prominentmember of thisgroup. By virtueofhis membership in this group and by virtue ofhis relationship with President HABYARIMANAand with Agathe KANZIGA,Protais ZIGIRANYIRAZO wielded great powerand influence. As such, he had de facto control and authority, in the sense of having the materialability toprevent or topunish criminal conduct, over the actions of soldiers, gendarmes,the , administrative officials, and members of thecivilian population in Rwanda.

CHARGES and CONCISE STATEMENT OF FACTS

Atall times referred toin this indictment there existed in Rwanda a minority ethnic group knownas ,officially identified assuch by thegovemment. The majority ofthe populationwas comprised ofan ethnicgroup known as , also officially identified assuch by thegovernment.

Count 1: CONSPIRACY TO COMMIT GENOCIDE

TheProsecutor of the International Criminal Tribunal for Rwanda charges Protais ZIGIRANYIRAZOwith CONSPIRACYTO COMMIT GENOCIDE,a crime stipulatedin Article 2(3)(b)ofthe Statute, in thaton or betweenthe dates of 1 January1994 and 31 December 1994, ProtaisZIGIRANYIRAZO didconspire with others, including but not limited to otherinfluential and powerfulpersons including Colonel Théoneste BAGOSORA, Colonel NSENGIYUMVA, Colonel Ephrem SETAKO,Agathe KANZIGA,Jean-Bosco BARAYAGWIZA, Raphaël BIKUMBI, Bernard MUNYAGISHARI,Marc MPOZAMBEZI,Arcade SEBATWAREand WellarsBANZI to kill or

2/13 causeserious bodily or mental harm to membersof the population with the intent to destroy, in wholeor in part, a racialor ethnic group, as such; as follows:

ConciseStatement of Factfor Count1:

5. ProtaisZIGIRANYIRAZO agreed with govemment and militaryauthorities in -ville prefecturesand in Gisenyi,including Colonel Theoneste BAGOSORA, Chef de Cabinetat the Ministryof Defence,Colonel Anatole NSENGIYUMVA, Colonel Ephrem SETAKO; political leaderssuch as WellarsBANZI of the MRNDand Jean-BoscoBARAYAGWIZA of the CDR; regionaladministrative officials such as Gisenyisous-prefet Raphaël BIKUMBI, and Interahamweleaders such as BernardMUNYAGISHARI, and withmembers of theelite includinghis sister Agathe KANZIGA; with the intent to destroy, in wholeor in part, the Tutsi ethnicgroup, to plan, prepare and facilitate attacks on Tutsiduring the course of 1994, and in particularbetween 6 April and 17 July 1994, throughout Rwanda, particularly inKigali-ville andGisenyi prefectures, asdescribed in paragraphs 6 through 30 of thisIndictment.

6. At an unknowndate in 1992,Wellars BANZI told President HABYARIMANA and Protais ZIGIRANYIRAZOthat ifthere was ever a thoughtto eliminatingthe Tutsi, they had formed a specializedmilitia group to eliminate them as they had done in 1959 in Gisenyi. After this date and continuingthrough July 1994, Protais ZIGIRANYIRAZO agreed with Wellars BANZI and BernardMUNYAGISHARI to finance and executethe "specializedmilitia plan," meaning thecreation of the Interahamwe in the whole of Rwanda.In furtherance of the plan Protais ZIGIRANYIRAZOparticipated in and facilitated the organising, arming, training and clothing ofthe Interahamwe andthe arming of thelocal population in Gisenyi, including the financing ofand purchasing amas for the group, with the purpose of attacking and destroying the Tutsi population.

7, Giseny~.Protais ZIGIRANYIRAZO agreed at variousmeetings with regional and local administrativeofficiais, including with Gisenyi sous-prefet Raphaël BIKUMBI, Rubavu bourgmestreMarc MPOZAMBEZI, Birembo conseiller de secteurArcade SEBATWARE, and MRNDparty officials and Interahamweleaders such as WellarsBANZI and Bernard MUNYAGISHARI,toplan, organise and facilitate attacks on theTutsi in Gisenyi prefecture. In or aroundSeptember 1993, Protais ZIGIRANYIRAZO attended a meetingnear his homein Giciyecommune in GisenyiPrefecture with the conseiller of Birembo secteur, Alcade SEBATWEand agreed to takeaction against local Tutsis. In or aroundearly April 1994, ColonelBAGOSORA sent a messageto Gisenyiaddressed to Jean-BoscoBARAYAGWIZA andProtais ZIGIRANYIRAZO that signalled that the killings of Tutsisbegin. Shortly after, JeanBosco BARAYAGWIZAand ProtaisZIGIRANYIRAZO called all the bourgmestres andconseiller desecteurs toa meetingat thePalm Beach hotel in Gisenyi in order to plan and organisethe genocide.In or aroundmid April1994, Protais ZIGIRANYIRAZO, in furtheranceofthis plan instigated theelimination ofall Tutsis at a publicmeeting held at a footballfield in Gisenyi, atwhich he spoke together with other officiais, including Colonel TheonesteBAGOSORA and ColonelEphrem SETAKO.

8, On or aboutthe 11 th of February1994, Protais ZIGIRANYIRAZO agreed with his sister, AgatheKANZIGA and a ColonelAnatole NSENGIYUMVA and otherpersons to killthe enemyand its accomplices. Infurtherance ofthe agreement they established a list of influential membersof theTutsi ethnic group and "moderate" to be executed.

9, In April1994, Protais ZIGIRANYIRAZO met with military leaders in Gisenyiand Ruhengeri,including Colonel NSENGIYUMVA on an almostdaily basis in orderto planthe organizationandexecution ofthe genocide in Gisenyi.Infurtherance ofthis plan, on a date uncertainin April1994, Interahamwe militia mounted a roadblockon the"La Corniche" roadwayin Gisenyitown leading toward the main border-crossing intoZaïre. The "La Corniche"roadblock was under the general control oflnterahamwe leaders, including Omar

3/13 SERUSHAGO,reporting to ColonelNSENGIYUMVA and BernardMUNYAGISHARI. The roadblockwas alsomanned by CDR-affiliatedarmed civilians, including ABUBA, BAHATI andLIONCEAU, and gendarmes,immigration police and customs officers. The purpose ofthe roadblockwas to preventTutsi and "moderate" Hutu from escaping across the border to Zaïre by takingthem to be killedin a nearbylocation. Protais ZIGIRANYIRAZO was aware ofthe closed-borderregime and ordered and instigated the Interahamwe, CDR-affiliated armed civilians,gendarmes, immigration police and customs officers to operatethe roadblock tocause thekilling of Tutsiand "moderate" Hutu.

10. On or about12 or 13 April1994, Protais ZIGIRANYIRAZO agreed with Colonel BAGOSORA,Colonel NSENGIYUMVA, and ColonelSETAKO to instigateand encourage thekillings of Tutsisand "moderate" Hutu at a roadblockestablished byProtais ZIGIRANYIRAZOat the road junction in frontof hishouse in Kiyovu.In furtheranceof that agreement,Protais ZIGIRANYIRAZO, approached the roadblockwith the abovenamed persons,whereupon they saw the guards killing passers-by with some 50 corpseson theground at theroadblock. Colonel BAGOSORA congratulated the guards that they were "now doing theirwork" and ProtaisZIGIRANYIRAZO supported the commentssaying "now you are working."

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his own acts alleged in paragraphs5-10 underthe provisions ofArticle 6(1) ofthe Statute based upon the following facts:

11. As describedin paragraphs5 through 10, Protais ZIGIRANYIRAZO committed the act of agreeingwith the named persons and others on a planto destroy, in wholeor in part, the Tutsi ethnicgroup. As described inparagraphs 6 through 10, in furtheranceof this plan he committed thespecified preparatory acts that facilitated thekilling, and ordered those over whom he had defacto control, as describedinparagraph 3, and instigated those over whom he didnot have defacto control, tocommit the killings.

Count 2: GENOCIDE

The Prosecutorof the InternationalCriminal Tribunal for Rwanda chargesProtais ZIGIRANYIRAZOwith GENOCIDE, a crime stipulated in Article2(3)(b) of theStature, in thaton or betweenthe dates of 1 January1994 and 14 July1994 throughout Rwanda, particularly in Kigali- villeand Gisenyiprefectures, Protais ZIGIRANYIRAZO was responsiblefor killingor causing seriousbodily or mentalharm to members of theTutsi population with intent to destroy, in wholeor in part,a racialor ethnicgroup, as such,including those who sought refuge at varioushills in the vicinityof the RubayaTea Factoryincluding Gashihe or Keshoand Rurungahills in Gisenyi prefecture,those at roadblocksin Giciye,"La Corniche"and Kiyovu,the family of Jean-Sapeur SEKIMONYOand membersof the BahomaTutsi clan, as morespecifically described in paragraphs 12 through27.

Or,alternatively

Count 3: COMPLICITY IN GENOCIDE

The Prosecutorof the InternationalCriminal Tribunal for Rwanda chargesProtais ZIGIRANYIRAZOwith COMPLICITYIN GENOCIDE,a crime stipulatedin Article2(3)(e) theStatute, in thaton or betweenthe dates of 1 January1994 and 14 July1994 throughout Rwanda, particularlyin Kigali-ville and Gisenyi prefectures, Protais ZIGIRANYIRAZO was responsible for killingor causingserious bodily or mentalharm to membersof theTutsi population with intent to destroy,in whole or inpart, a racialor ethnicgroup, as such, including those who sought refuge at

4/13 varioushills in thevicinity of theRubaya Tea Factory including Gashihe or Keshoand Rurunga hills in Gisenyiprefecture, those at roadblocksinGiciye, "La Corniche" and Kiyovu, the family of Jean- SapeurSEKIMONYO and membersof the BahomaTutsi clan, as morespecifically described in paragraphs12 through 27.

ConciseStatement of Factfor Counts2 and3:

RubayaTea FactoryArea

12. On or about8 April1994, the local Tutsi population, numbering approximately 2,000, were in refugeat Gashihe or Kesho Hill in Rwilisecteur, Gaseke commune, in Gisenyi preïecture, withinthe vicinity of theRubaya Tea Factory. On or aboutthe said date, Protais ZIGIRANYIRAZO,with intent that the Tutsi who sought refuge at Gashiheor KeshoHill be killed,led a convoyof armed Presidential Guard soldiers, gendarmes, and Interahamwe militia aspart of the attack on Tutsi seeking refuge on the hill.

13. ProtaisZIGIRANYIRAZO ordered and instigatedarmed Presidential Guard soldiers, gendarmesand Interahamwe to attack and kill the said refugees, who did so killing approximately1,000 of theTutsi that had sought refuge on Gashihe or KeshoHill. Among thosekilled were persons named KAZOZA, a maie,age about 70; RWEGO, a male,age about 65; NDEKEZI,a male,age about35; GATEMERI,a maie,age about18; NYIRABARUTWA, a female,age about60; SIMPARINKA,a male, age about35; KAMUZINZI, a male, age about 50; MUGOREWERA,a female,age about30; KARINDA,a male,age about35; SETAKO,a maleage about40; and ML~AMUNANA,a femaleage about35.

14. Aboutthe week of 14 to 20April 1994, at a dateuncertain, many of the remaining local Tutsi populationwere in refugeat Rurunga Hill in Rwilisecteur, Gaseke commune, in Gisenyi prefecture,within the vicinity of theRubaya Tea Factory. On orabout the said date, Protais ZIGIRANYIRAZO,with intent that the Tutsi who sought refuge at RurungaHill be killed,led a convoyof armed Presidential Guard soldiers, gendarmes, and Interahamwe militia as partof theattack on Tutsi seeking refuge on the hill.

15. ProtaisZIGIRANYIRAZO ordered and instigatedarmed Presidential Guard soldiers, gendarmesand Interahamwe toattack and kill the said refugees, who did so, killing all ofthe Tutsithat sought refuge at the said hill.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his own acts alleged in paragraphs12-15 underthe provisions ofArticle 6(1) ofthe Statute based upon the following facts:

16. Inleading the convoy as described in paragraphs 12 and 14, he was committing anact that facilitatedthekilling; hewas ordering those Presidential Guard soldiers, gendarmes, and Interahamwemilitia over whom he had de facto control by reason of the relationship described inparagraph 3, and was instigating those over whom he didnot have de factocontrol, to committhe killing; and he aided and abetted all of the participants inthe killing. Asdescribed inparagraphs 13and 15, he was ordering those over whom he hadde factocontrol by reasonof therelationship described inparagraph 3 above, and instigating those over whom he didnot havede facto control, to committhe killing. All ofhis actions were committed inconcert with thePresidential Guard soldiers, gendarmes, and Interahamwe for the common purpose of killingTutsis because they were Tutsis, for the period of a criminalenterprise that extended at leastflore the beginning ofthe convoy to the killing of theTutsis on the said hills respectively.

5/13 Roadblocks

17. On variousdates between April and July1994, Protais ZIGIRANYIRAZO ordered and instigatedsoldiers, Interahamwe andarmed civilians toestablish roadblocks in direct proximity toeach ofhis three residences--in Gasiza cellule, Giciye commune, Gisenyi prefecture; atthe "LaCorniche" border, Rubavu commune, Gisenyi prefecture; and in Kiyovucellule, Kigali- villeprefecture, intending that they would be used in the campaign ofkilling Tutsi.

18. GiciyeRoadblock: On a dateuncertain in earlyMay 1994,Protais ZIGIRANYIRAZO orderedand instigated soldiers, Interahamwe, andarmed civilians to establish and command the roadblocknext to his residence in Giciye commune, Gisenyi prefecture. Persons operating the roadblockwere variously armed with guns, grenades and traditional weapons and controlled the trafficof personsfleeing from Rwanda to Zaïre. This stretch of roadfrom Gitarama through Giciye-Karago-Mukamirawasthe main route of flightduring April to July 1994; the Kigali to Gisenyitarmac road via Ruhengeri was impassable due to fightingbetween the FAR and the RPF.Soldiers, Interahamwe, and armedcivilians subject to ProtaisZIGIRANYIRAZO orderedand instigated soldiers, Interahamwe, andarmed civilians to kill numerous Tutsi at the GiciyeRoadblock.

19. BetweenApril and July1994, Protais ZIGIRANYIRAZO, visited various roadblocks in Gisenyion numerousoccasions, including the Giciye roadblock, and ordered and instigated soldiers,Interahamwe, andarmed civilians to "work"and encouraged them by providingthem withdrinks and money to buy food. The word "work" was, during the events referred to inthis indictment,a coded reference for killing Tutsi and "moderate" Hutu.

20. On an unknowndate in earlyApril 1994, Protais ZIGIRANYIRAZO paid Interahamwe to dig a massgrave known as "the Pit." By so ordering them to act, he was instigating their actions. The Pit was situatedbehind the compoundofProtais ZIGIRANYIRAZO’s home in Giciye. The bodiesofthose killed near Protais ZIGIRANYIRAZO’s home were thrown into the Pitin Apriland early May 1994. Thereafter in early May 1994 the bodies were removed from the Pit anddumped into the Basera river.

21. The"La Corniche" Roadblock: On a dateuncertain in April1994, Interahamwe militia mounteda roadblockon the"La Corniche" roadway in Gisenyitown leading toward the main border-crossingintoZa’/re. As withthe roadblocks mentioned inKiyovu and Giciye, the "La Corniche"roadblock was situated in closeproximity to one of ProtaisZIGIRANYIRAZO’s residences.The "La Comiche" roadblock was under the general control of Interahamwe leaders,including Omar SERUSHAGO, reporting to ColonelNSENGIYUMVA and Bernard MUNYAGISHARI.The roadblockwas alsomanned by CDR-affiliatedarmed civilians, includingABUBA, BAHATI and LIONCEAU,and gendarmes,immigration police and customsofficers. The purpose ofthe roadblock was to preventTutsi and "moderate" Hum, characterisedas accomplices of"the enemy," being Tutsi, from escaping across the border to Zaïre.The Interahamwe routinely checked persons passing through the roadblock on theirway to theborder crossing. Tutsi and "moderate" Hutu were not allowed to proceedand were removedto a nearbylocation and killed.Protais ZIGIRANYIRAZO was awareof theclosed- borderregime and ordered and instigated the Interahamwe, CDR-affiliated armed civilians, gendarmes,immigration police and customs officers to operatethe roadblock to cause the killingof Tutsi and "moderate" Hutu.

22. DuringJune 1994, Protais ZIGIRANYIRAZO ordered and instigatedthe Interahamwe, gendarmesand immigration police who were manning the "La Corniche" roadblock at the Gisenyi-Gomaborder to killTutsis by askingthem "to work" well.

23. KiyovuRoadblock: On or about 7 April1994, soldiers guarding the residence of Protais ZIGIRANYIRAZOin Kiyovu cellule, Kigali-ville prefecture, who were under his de facto

6/13 control,ordered watchmen employed at homesin theneighbourhood to man a roadblockthat was setup betweenProtais ZIGIRANYIRAZO’s home and the adjacentPresbyterian church. Soldiersand Interahamwe,including Second Lt. Jean-ClaudeSEYOBOKA BONKE and JacquesKANYAMIGEZI, supervised the roadblock, the largest in theKiyovu cellule. The civiliansmanning the roadblock were armed with machetes and clubs. Approximately one week later,in mid-April1994, Protais ZIGIRANYIRAZO ordered and instigated soldiers, Interahamweandarmed civilians atthe roadblock near his Kiyovu residence tosearch the homesin theneighbourhood and killany Tutsi that were found. Protais ZIGIRANYIRAZO furtherordered and instigated thesoldiers and Interahamwe atthe roadblock, including Sec. Lt. Jean-ClaudeSEYOBOKA BONKE and JacquesKANYAMIGEZI, who supervisedthe roadblock,tokill all Tutsi who attempted topass through. Shortly thereafter, andon a continuingbasis, soldiers and Interahamwe killed those who were identified asTutsi, both in theneighbourhood andattempting to pass through the roadblock.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his own acts alleged in paragraphs18-23 underthe provisions ofArticle 6(1) of the Statute based upon the following facts:

24. Hisactions in providingdrinks and money for food to soldiers, Interahamwe and armed civiliansas described inparagraph 19 and in paying the Interahamwe asdescribed in paragraph 20constituted thecommission ofacts that facilitated thekilling, the creation ofa relationshipin thenature of thatof anemployer and employee giving him power to order, the ordering of personsover whom he hada superiorrelationship established bythis provision ofbenefits, the instigatingbyreward, and the aiding and abetting, ofthe killing and disposal ofthe bodies. Alsoas describedin paragraphs18-23, Protais ZIGIR NYIRAZO ordered soldiers, gendarmes,immigration police, customs officiais, Interahamwe, andCDR-affiliated armed civiliansover whom he hadde facto control by reason ofthe relationship described in Paragraph3, instigated by reward, and aided and abetted those over whom he did not have de factocontrol, to committhe killings. All of his actions were committed inconcert with soldiers,gendarmes, immigration police, customs officiais and Interahamwe for the common purposeofkilling Tutsis because they were Tutsis, for the period of a criminalenterprise that extendedat least from the beginning ofthe establishment ofthe roadblocks bypersons under hisde facto control upto the killing ofthe Tutsis and the burial of their bodies as stated in paragraphs18 through 23.

TutsiFamilies/Clans

25. On a dateuncertain in May1994, Protais ZIGIRANYIRAZO ordered and instigatedthe Interahamwemilitia to killthe family of Jean-SapeurSEKIMONYO whom he characterisedas Inyenzi.The SEKIMONYO family had sought refuge at the homeof President HABYARIMANAin Karagocommune. The Interahamwecarried out the order,killing the entirefamily, resulting inthe deaths of more than 30 people.

26. Towardsthe end of May 1994,Protais ZIGIRANYIRAZO ordered and instigatedthe Interahamweto kill approximately eighteen members of theBahoma Tutsi clan, who had soughtrefuge at his Giciye residence. The victims were related to oneof Protais ZIGIRANYIRAZO’swives.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his own acts alleged in paragraph25 and26 underthe provisions ofArticle 6(1) of the Statute based upon the following facts:

7/13 27. As describedin paragraph25 and 26, he ordered those over whom he hadde factocontrol by reasonofthe relationship described inParagraph 3 above, and instigated those over whom he didnot have de factocontrol to make the arrests and commit the killing. All his actions were committedin concertwith the Interahamwe for the common purpose of killingTutsis because theywere Tutsis, for the period of a criminalenterprise that extended atleast from time the first actsof ordering orinstigation thearrests and killing, and up to the killing ofthe last victim in theSekimonyo family or theBahoma Tutsi clan.

Count 4: EXTERMINATION as a CRIME AGAINST HUMANITY

TheProsecutor of the International Criminal Tribunal for Rwanda charges Protais ZIGIRANYIRAZO with EXTERMINATION as a CRIME AGAINST HUMANITY, as stipulatedinArticle 3(a) ofthe Statute, inthat on or between the dates of 7 April1994 and 14 July 1994,Protais ZIGIRANYIRAZO was responsible, individually and throughthe acts ofhis subordinates,forthe extermination, aspart of a widespreadorsystematic attack against the civilian population,onpolitical, ethnic or racial grounds, ofpersons who sought refuge at various hills within thevicinity of the Rubaya Tea Factory, including Gashihe or Kesho and Rurunga hills, and persons at roadblocksat Giciye, "La Corniche," and Kiyovu;

ConciseStatement of Factfor Count 4:

28. Duringand in relationship withthe events referred toin this indictment, particularly from6 April1994 through 17 July1994, there were throughout Rwanda widespread and/or systematic attacksdirected against a civilian population onpolitical, ethnic or racial grounds. Notably, Interahamwemilitias engaged in a campaignof violenceagainst Rwanda’s civilian Tutsi populationand against Hutu perceived to be politicallyopposed to theMRND. Hundreds of thousandsof civilianTutsi men, women and children and "moderate Hutu" were killed. The actsdescribed inparagraphs 29through 41 werepart of theseattacks.

RubayaTea FactoryArea

29. Onor about8 April1994, the local Tutsi population, numbering approximately 2,000, were in refugeat Gashiheor KeshoHill in Rwili secteur, Gaseke commune, in Gisenyiprefecture, withinthe vicinity of theRubaya Tea Factory. On orabout the said date, Protais ZIGIRANYIRAZO,with intent that the Tutsi who sought refuge at Gashiheor KeshoHill be killed,led a convoyof armedPresidential Guard soldiers, gendarmes, and Interahamwe militia aspart of the attack on Tutsi seeking refuge on the hill.

30. ProtaisZIGIRANYIRAZO ordered and instigatedarmed Presidential Guard soldiers, gendarmesand Interahamwe toattack and kill the said refugees, who did so killing approximately1,000 of theTutsi that had sought refuge on Gashiheor KeshoHill. Among thosekilled were persons named KAZOZA, a male,age about 70; RWEGO, a male,age about 65; NDEKEZI,a male,age about35; GATEMERI,a male,age about18; NYIRABARUTWA, a female,age about 60; S1MPARINKA, a male, age about 35; KAMUZINZI, a male, age about 50; MUGOREWERA,a female,age about30; KAR1NDA,a male,age about35; SETAKO,a maleage about40; and MUKAMUNANA,a female age about35.

31. Aboutthe week of 14 to20 April1994, at a dateuncertain, many ofthe remaining local Tutsi populationwere in refugeat RurungaHill in Rwilisecteur, Gaseke commune, in Gisenyi prefecture,within the vicinity of theRubaya Tea Factory. On or aboutthe said date, Protais ZIGIRANYIRAZO,with intent that the Tutsi who sought refuge at RurungaHill be killed,led a convoyof armed Presidential Guard soldiers, gendarmes, and Interahamwe militia as part of theattack on Tutsi seeking refuge on the hill.

8/13 32. ProtaisZIGIRANYIRAZO ordered and instigatedarmed Presidential Guard soldiers, gendarmesand Interahamwe toattack and kill the said refugees, who did so, killing all of the Tutsithat sought refuge at the said hill.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his ownacts alleged in paragraphs29-32 underthe provisions ofArticle 6(1) of the Stature based upon the following facts:

33. In leadingthe convoy as describedinparagraph 29 and 31, he was committing anact that facilitatedthekilling; he wasordering those Presidential Guard soldiers, gendarmes, and Interahamwemilitia over whom he had de factocontrol by reasonof the relationship described inparagraph 3, and was instigating those over whom he didnot have de factocontrol, to committhe killing; and was aiding and abetting all of the participants inthe killing. As describedin paragraphs 30 and 32, he wasordering those over whom he hadde factocontrol by reasonof the relationship described inparagraph 3 above, and instigating those over whom he didnot have de facto control, to committhe killing. All of hisactions were committed in concertwith the Presidential Guard soldiers, gendarmes, and [nterahamwe for the common purposeof killing Tutsis because they were Tutsis, for the period of a criminalenterprise that extendedatleast from the beginning ofthe convoy to the killing of theTutsis on the said hills respectively.

Roadblocks

34. On variousdates between April and July1994, Protais ZIGIRANYIRAZO ordered and instigatedsoldiers, Interahamwe andarmed civilians to establish roadblocks indirect proximity toeach ofhis three residences--in Gasiza cellule, Giciye commune, Gisenyi prefecture; at the "LaCorniche" border, Rubavu commune, Gisenyi prefecture; and in Kiyovucellule, Kigali- villeprefecture, intending that they would be used in the campaign ofkilling Tutsi.

35. GiciyeRoadblock: On a dateuncertain in earlyMay 1994,Protais ZIGIRANYIRAZO orderedand instigated soldiers, Interahamwe, andarmed civilians toestablish and command the roadblocknext to hisresidence in Giciye commune, Gisenyi prefecture. Persons operating the roadblockwere variously armed with guns, grenades and traditional weapons and controlled the trafficofpersons fleeing from Rwanda to Zaïre.This stretch ofroad from Gitarama through Giciye-Karago-Mukamirawasthe main route of flight during April to July 1994; the Kigali to Gisenyitarmac road via Ruhengeri was impassable due to fightingbetween the FAR and the RPF.Soldiers, Interahamwe, and armedcivilians subject to ProtaisZIGIRANYIRAZO orderedand instigated soldiers, Interahamwe, andarmed civilians to kill numerous Tutsi at the GiciyeRoadblock.

36. BetweenApril and July1994, Protais ZIGIRANYIRAZO, visited various roadblocks in Gisenyion numerousoccasions, including the Giciye roadblock, and ordered and instigated soldiers,Interahamwe, andarmed civilians to "work"and encouraged them by providingthem withdrinks and money to buy food. The word "work" was, during the events referred to in this indictment,a coded reference for killing Tutsi and "moderate" Hutu.

37. On an unknowndate in earlyApril 1994, Protais ZIGIRANYIRAZO paid Interahamwe to dig a massgrave known as "thePit." By so ordering them to act, he was instigating their actions. The Pit was situatedbehind the compoundof ProtaisZIGIRANYIRAZO’s home in Giciye. Thebodies of thosekilled near Protais ZIGIRANYIRAZO’s home were thrown into the Pitin Apriland early May 1994. Thereafter in early May 1994 the bodies were removed from the Pit anddumped into the Basera river.

9/13 38. The"La Corniche" Roadblock: On a dateuncertain in April1994, Interahamwe militia mounteda roadblockon the"La Corniche" roadway in Gisenyitown leading toward the main border-crossingintoZaïre. As with the roadblocks mentioned in Kiyovuand Giciye, the "La Cornicheroadblock was situatedin closeproximity to one of ProtaisZIGIRANYIRAZO’s residences.The "La Corniche" roadblock was under the general control oflnterahamwe leaders,including Omar SERUSHAGO, reporting to ColonelNSENGIYUMVA and Bernard MUNYAGISHARI.The roadblockwas alsomanned by CDR-affiliatedarmed civilians, includingABUBA, BAHATI and LIONCEAU,and gendarmes,immigration police and customsofficers. The purpose of theroadblock was to preventTutsi and "moderate" Hutu, characterisedas accomplices of "the enemy," being Tutsi, from escaping across the border to Zaïre.The Interahamwe routinely checked persons passing through the roadblock on theirway tothe border crossing. Tutsi and "moderate" Hutu were not allowed to proceed and were removedto a nearbylocation and killed. Protais ZIGIRANYIRAZO was aware of the closed- borderregime and ordered and instigated the Interahamwe, CDR-affiliated armed civilians, gendarmes,immigration police and customs officers to operatethe roadblock tocause the killingof Tutsi and "moderate" Hutu.

39. DuringJune 1994, Protais ZIGIRANYIRAZO ordered and instigatedthe lnterahamwe, gendarmesand immigration police who were manning the "La Corniche" roadblock at the Gisenyi-Gomaborder to kill Tutsis by askingthem "to work" well.

40. KivovuRoadblock: On or about7 April1994, soldiers guarding the residence of Protais ZlGIRANYIRAZOin Kiyovu cellule, Kigali-ville prefecture, who were under his de facto control,ordered watchmen employed at homesin theneighbourhood to man a roadblockthat wasset up betweenProtais ZIGIRANYIRAZO’s home and the adjacentPresbyterian church. Soldiersand lnterahamwe,including Second Lt. Jean-ClaudeSEYOBOKA BONKE and JacquesKANYAMIGEZI, supervised the roadblock, the largest in theKiyovu cellule. The civiliansmanning the roadblock were armed with machetes and clubs. Approximately oneweek later,in mid-April1994, Protais ZIGIRANYIRAZO ordered and instigated soldiers, lnterahamweandarmed civilians atthe roadblock near his Kiyovu residence tosearch the homesin the neighbourhoodand killany Tutsi that were found. Protais ZIGIRANYIRAZO furtherordered and instigated the soldiers and Interahamwe atthe roadblock, including Second Lt. Jean-ClaudeSEYOBOKA BONKE and JacquesKANYAMIGEZI, who supervisedthe roadblock,tokill ail Tutsi who attempted topass through. Shortly thereafter, andon a continuingbasis, soldiers and lnterahamwe killed those who were identified asTutsi, both in theneighbourhood andattempting to pass through the roadblock.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his own actsalleged in paragraphs34-40 underthe provisions ofArticle 6(1) of the Statute based upon the following facts:

41. Hisactions in providing drinks and money for food to soldiers,Interahamwe and armed civiliansasdescribed in paragraph 36and in payingthe Interahamwe asdescribed in paragraph 37constituted thecommission ofacts that facilitated thekilling, the creation ofa relationshipin thenature of that of an employerand employee giving him power to order, the ordering of personsover whom he had a superiorrelationship established by this provision ofbenefits, and theinstigating byreward, and the aiding and abetting, ofthe killing and disposal ofthe bodies. Alsoas describedin paragraphs34-40, Protais ZIGIRANYIRAZO ordered soldiers, gendarmes,immigration police, customs officiais, Interahamwe, andCDR-affiliated armed civiliansover whom he had de factocontrol by reasonof the relationship described in Paragraph3,instigated and aided and abetted those over whom he did not have de factocontrol, tocommit the killings. Ail of hisactions were committed inconcert with soldiers, gendarmes, immigrationpolice, customs officiais and Interahamwe for the common purpose ofkilling Tutsisbecause they were Tutsis, for the period of a criminalenterprise that extended atleast

10/13 fromthe beginning ofthe establishment ofthe roadblocks by persons tender his de facto control upto the killing ofthe Tutsis and the burial of their bodies as stated in paragraphs 34through 40.

Count 5: MURDER as a CRIME AGAINST HUMANITY

TheProsecutor ofthe International Criminal Tribunal for Rwanda charges Protais ZIGIRANYIRAZOwith MURDER as a CRIME AGAINSTHUMANITY, as stipulatedin Article 3(a)ofthe Statute, inthat on orbetween the dates of 7 April1994 and 14 July 1994, Protais ZIGIRANYIRAZOwasresponsible, individually and through the acts of hissubordinates, forthe murder,as partof a widespreadorsystematic attack against the civilian population, onpolitical, ethnic orracial grounds, ofthree gendarmes at the Giciye roadblock, Gisenyi prefecture; of Stanislas SINIBAGIWE,sometimes identified as StanislasSIMBIZI; of memhersof thefamily of Jean-Sapeur SEKIMONYO;and ofmembersofthe Bahoma Tutsi clan;

ConciseStatement of Factfor Count 5:

42. Duringthe events referred toin this indictment, particularly from6 April1994 through 17 July 1994,there were throughout Rwanda widespread and/or systematic attacks directed against a civilianpopulation onpolitical, ethnic or racial grounds. Notably, Interahamwe militias engagedin a campaignof violenceagainst Rwanda’s civilian Tutsi population and against Hum perceivedto bepolitically opposed to theMRND. Hundreds of thousandsofcivilian Tutsi men,women and children and "moderate Hutu" were killed. The acts described in paragraphs 43through 50 were part of these attacks.

43. Between1 and 31 May 1994,Protais ZIGIRANYIRAZO ordered his son,Jean-Marie VianneyMAKIZA to killthree gendarmes that were detained by theInterahamwe at the Giciye roadblock.Following orders from his father, Jean-Marie Vianney MAKIZA, armed with a Kalashnikovgun, used the weapon to shootand kill the gendarmes at the roadblock infront of theZigiranyirazo Giciye residence. The gendarmes were traveling toward Gisenyi and were identifiedasTutsi or characterized asRPF accomplices orinfiltrators.

44. ProtaisZIGIRANYIRAZO further ordered and instigated several local residents to makefalse officialreports ofthe killing about the killing ofthe three gendarmes. The false reports indicatedthat the gendarmes had been killed as defensive acts at the roadblock: inorder to preventan assault by one ofthem or to thwart their escape. The reports also characterized the gendarmesasbrigands, impostors or deserters from the battlefront. Inordering and instigating localresidents to makethe false reports, Protais ZIGIRANYIRAZO wasaiding and abetting thekilling of the gendarmes.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his ownacts alleged in paragraphs43-44 underthe provisions ofArticle 6(1) of the Statute based upon the following facts:

45. ProtaisZIGIRANYIRAZO, as head ofhis family, had de factocontrol over his son, whom he orderedto commit the killings described in paragraph 43. He ordered those local residents over whomhe hadde facto control for the reasons set forth in paragraph 3,and instigated those over whomhe didhOt have de factocontrol, to makethe false reports. Ail his actions were committedinconcert with his son for the common purpose of killingTutsis because they were Tutsisor persons who were not willing to killTutsis, for the period of a criminalenterprise that extendedatleast from the time the order was given for the killing, and up to the time of the makingof a falsereport regarding their killing.

11/13 Killingof StanislasSinibagiwe

46. ProtaisZIGIRANYIRAZO, on an unknowndate during the monthof June1994, aided and abettedin thekilling of Stanislas SINIBAGIWE, former director of theImprimerie Scolaire, by identifyinghim to Interahamwethat were controlling the "La Corniche" roadblock. Stanislas SINIBAGIWE,sometimes identified as StanislasSIMBIZI, had been previously targeted as an accompliceof the enemyin RTLMradio broadcasts. Protais ZIGIRANYIRAZO ordered and instigatedthe Interahamwe at the roadblock, to take Stanislas SINIBAGIWE away and kill him. The Interahamweremoved Stanislas SINIBAGIWE to the "CommuneRouge" and killedhim. Theylater returned to theroadblock and reported to ProtaisZIGIRANYIRAZO and to others thatStanislas SINIBAGIWE had been killed.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his ownacts alleged in paragraph46 under theprovisions ofArticle 6(1) of the Statute based upon the following ïacts:

47. As describedin paragraph46, ProtaisZIGIRANYIRAZO ordered those Interahamwe over whomhe hadde factocontrol by reason of therelationship described inparagraph 3,and instigatedothers over whom he did have directed control.. All of hisactions were committed in concertwith the Interahamwefor the common purpose of killingStanislas SINIBAGIWE becausehe wasa moderateHum who opposed the killing of Tutsis,for the period of a criminal enterprisethat extended at leastfrom the identification ofStanislas SINIBAG1WE upto the timethat he was killed.

TutsiFamilies/Clans

48. On a dateuncertain in May 1994,Protais ZIGIRANYIRAZO ordered and instigatedthe Interahamwemilitia to killthe family of Jean-SapeurSEKIMONYO whom he characterisedas Inyenzi.The SEKIMONYO family had soughtrefuge at the homeof President HABYARIMANAin Karagocommune. The Interahamwecarried out the order,killing the entirefamily, resulting inthe deaths of more than 30 people.

49. Towardsthe end of May 1994,Protais ZIGIRANYIRAZO ordered and instigatedthe Interahamweto kill approximately eighteen members of theBahoma Tutsi clan, who had soughtrefuge at his Giciye residence. The victims were related to one of Protais ZIGIRANYIRAZO’swives.

CriminalResponsibility

ProtaisZIGIRANYIRAZO is criminally responsible for his own acts alleged in paragraph48 and49 underthe provisions ofArticle 6(1) of the Statute based upon the following facts:

50. As describedin paragraph48 and49, he orderedthe Interahamwe over whom he hadde facto controlby reason of therelationship described inParagraph 3,and instigated those over whom hedid not have de facto control to make the arrests and commit the killing. All his actions were committedin concertwith the Interahamwe for the common purpose of killing Tutsis because theywere Tutsis, for the period of a criminalenterprise that extended atleast from rime the first actsof ordering orinstigation thearrests and killing, and up to the killing ofthe last victim in theSekimonyo family or theBahoma Tutsi clan.

12/13 Theacts and omissionsof ProtaisZIGIRANYIRAZO detailed herein are punishable under Articles 22 and23 oftheStatute. 4-[.

Signed at ARUSHA,this ~ day of MARCH 2005.

HASSAN BUBACAR JALLOW PROSECUTOR

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