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ICTR-97-32.DP

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THE PROSECUTOR

GEORGES RUGGIU

PLEA AGREEMENT BETWEEN GEORGES RUGGIU AND THE OFFICE OF THE PROSECUTOR

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GL 770 Translatedfrom the French BACKGROUND

Thefollowing constitutes the plea agreement between the Accused, Georges RUGGIU,through his Counsel,Mohammed Aouni, his co-CotmselJean-Louis Gilissen,and the Office of the Prosecutor. Thepurpose of this plea agreement is toclarify the tmderstanding ofthe parties as to the nature and consequences ofMr GeorgesRUGG1-U’s plea, and to assist the Trial Chamber in ensuring that the plea isvalid, in accordance with the mles set by the International Criminal Tribunal for ,particularly Rule 62(v)(a-d) ofthe Tribunal’s Rules of Procedure Evidence.

Theterms of the plea agreement are set forth below:

I. THEPLEA

2. GeorgesRUGGIU has decided to change the plea he hadentered at hisinitial appearancebefore the Tribunal and plead guilty to, on the one hand, the crime of directand public incitement tocommit and, on theother hand, the crime ofpersecu~!onv-’-,.:-~..~.~=~ cor,«ir’,,e.~ a crimeagainst humanity inaccordance withthe char~es_ ~-’--" ...... ~-e--- -’-:__=ai=-" "_".in: " :_-’.e ::5:c:ment confirmed on90ctober 1997

Ge::-ze_:~ _ ..... :...... - -=.::-._: _-_.- ....«.::= --" :.:-- =_-:" =.=:-..n.~--’-: afi-,ee choicem entt.-_7_22 2_ -

Hence.Ge,:;:.Se: 5.Y__ç_- --.::_:: :_:..7_7_n:..:~.:.:,~ ) sz.=:e " Casdec»=e.i :o plead_o’uitr;"= ---~-:: -:.... -s..... ---: :’...... d~"i::~: _ which he bas become fullv aware of boththe conse.:_e_--_-es ::5s z:-: e-: f :2zeoffelïces hecomm’t:ed int994 whfle in Rwanda.

Dueto ,thereflection and the awareness, Georges RUGGIU has indicated his deep andgenuine desire to tell the whole truth and thus genuinety contribute tothe searchfor the truth by revealing the knowledge and information inhis possession.

6. GeorgesRUGGIU asserts that his decision to pleadguilty is final and that he took itafter being fully briefed onits legal and other consequences.

7, GeorgesRUGGIU requests that it be puton record that he understandsthe inherentconsequences ofhis decision toenter a guiltyplea and that he fully acceptsthose consequences.

GeorgesRUGGIU states in particularthat he understandsthe full consequences of hisdecision toplead guilty both on the procedural aspects and the merits of his case.

GL 770Translated from the French 108gF

9. Moreover,Georges RUGGIU states that his decision to pleadguilty was voluntary(inasmuch ashe elected to enter the plea freely, knowingly, without coercion,pressure or promises),informed (both as regards the charges brought againsthim and the consequences ofhis guilty plea) and unequivocal (Georges RUGGIUbeing aware that the plea his plea was incompatible with any other groundsfor defence.)

GeorgesRUGGIU further states that he has, without any hesitation, decided to pleadguilty to the crimes he personally committed and to theindividual criminal responsibilityincurred for the actual commission ofthe crimes he is currently chargedwith in the indictment.

11. GeorgesRUGGIU also wishes to state emphatically that it isvery important for himto enter guilty plea with respect to thecharges brought against him.

12. Indeed,Georges RUGGIU, being well aware of thesituation of Rwandaand the Rwandanpeople, states that he wishes to contribute tothe necessary process of nationalreconciliation inRv«anda, asnational reconciliation is,indeed, one of the mainobjectives setforth in the Statute ofthe International Criminal Tribunal for Rwanda.

13. Todav.Ge~.r~:_- :._ : :...... »._._ :._: :_- .:.:. :_-::.:,:.-hL.g :hetruth, the responsibili::_~::,-=: 2- ___ - - - .-:_-. ::e .-..assa:-es :’fmembers of~e TutsieT.K-=ic 2-:_: :_- _ - _-- :- - _ ~_-_::.i-z_!: -:-::: ":~’:2!1"." r»fe=ed ~.oas "mod..... -- : ..... -zï ::.:_--_ b.=:z::_z :-’.~, .ïa::.onai reconciliationInK-~ .....

14. Therefore,Georoees KL- - - - -:shes- ....::...... ~:~.,~r-,,j r~he pr,.,...~s ~~~- ofnational reconciliationinRwanda bor.h through h.is admission and his guilty plea, as we11 asby the facts and information inhis possession regarding the events which occurredin Rwandaand in the neighbouring countries in1994, and even in the monthsprior to that.

15. Moreover,Georges RUGGIU sincerely hopes that the exampte he hasset witl helpand encourage others to in turn contribute tothe search for the truth by statingor acknowledgingallthe facts of which they have direct or indirect knowledge,including any personal involvement inthe massacres or in the process thatled to thesaid massacres experienced inRwanda in 1994.

16. GeorgesRUGGIU further states that now believes that restoring, establishing and maintainingmutual trust among the Rwandan people crucial to theprocess of nationalreconciliation.

17. Thus,Georges RUGGIU hopes that his guilty plea will contribute, allbe it in a smallway, to building trust inasmuch as, to his knowledge, responsibility forthe

GL770 Translated fromthe French massacic:,committed in Rwandain 1994 si, :otplaced on the ail the as a peoplc.,:ommtmity orethnic group.

18. Georgc:-:.}<[..! G (ç [U wishes tomake his effet: vholeheartedcontribution tothe searchil.,-ihe tmth and ffeely and knowinei :esfo co-operate with the Prosect~l,,.:andhis Office and thus contribûi :;tabiishingthetruth regarding thetragic :vents experienced in Rwanda in

19. Georgesi<’fGG[U wishes to statethat he bc -;that his complete admission, genuinc,::’-operation withthe Prosecutor a~z ityplea are, in view ofhis current«;~~ <~tion, the principal means of mai< ::parationsforthe consequences ofthec;i::~inal acts he committed andthe h::. "~caused.

20. GeorgesP, UGGFU states that he decided to .-a guittyplea after a long period ofreflec:ion,tosucl{ an extent that now he ï :a~egoricatlycondenms both the crimes!~,e personally committed and the ma:- -.sand all the other criminal acts commit’,~~:zagainst the members of the nuniry,Hutus belonging tothe oppositic~’.,and/oranyone else, regardless e ç .’alib,particularly Belgian nationai:~

21. Georges;3"7EçGIU s:a’e- <-_a: .:..-_:=- :r:::.::: - ...... ::=~:"~:~-,«: ~admission in ordertE, .... e:..:-çes: "-...... - ...... --- : ~-:f:: L!s .2Tences -~~-.,d for hisapck.’>::~. ::=.i 2-_:_: _ _ offencesç,_:?e ç-2"--i~.~7Z2

22. Georges...... i-:.LïGG.~L;< r~-,-,-.,-,= -~: : ....:-- ---as:»ns. he has stated that Rwanda’:a~ lost ail s,~~. :-~ -=:...... :--’ -:...... ~==,: .... -~::e:- =’..uch -~ e:,, ection.n "he wouldbe prepared to~i’«e h:_: - :---:~ -: : -:-_:_ce".:.o’a!d :reve,ï: a re~ea: ofthe’.,.crmes committed inR’v~’d,_. ain tc<- " "

23. Moreove~ GeorgesRUGGIU sincerely hope :.cfulI admission ofhis guilt will somehowappease the victims ofall the crirr_ ",ffenceshecommitted.

24. ForGeorges RUGGIU, admission ofhis in»’ : .,.-nentinthe crimes committed in Rwandain 1994 and the concurrent guilty pi .:ecrucial asregards his personal redempt;onandrehabilitation, ashe exclude.. p.selffrom society due to the crimeshe committed.

II. ON THE NATURE OF THE CRIMES:

25. Georges?.UGGILJ intends to plead guilty to directand public incitement to commitgenocide, a crime which was explai: » himas an outrageto mankind andgros; violation ofinternational humanita.- lave.Direct and public inciteme,a:tocommit genocide consists ind{ orindirect acts leading to

GL770 Translated ~romthe French massacreorserious physical ormental harm to a national,etlmic, racial or religiousgroup in whole or in part.

26, GeorgesRUGGIU understands that the Prosecutor must prove each of the elementshereunder inorder for him to be foundguilty beyond reasonable doubt ofdirect and public incitement tocommit genocide asstipulated inArticle 2(3)(c) ofthe Statute ofthe Tribunal. (a) Thatthe accused incited others to commit genocide as stipulatedin paragraphs3.7and 3.8 (a) of the indictment;

(b) Thatthe incitement was direct. Thus, the accused did not simply make indirectorvague suggestions butrather specifically encouraged others to readilyengage in criminal acts;

(c) Thatthe incitement was public. Direct incitement means urging people in publicplace or instigating thegeneral public using such means as the media(radio, television);

(d) Thatthe accused had t!:e s=e-iic in:en: fo con~î~St genocide, that is, ¯ *;.--.: .... destroyinginwhe!e c:- -~-î_ :. - ...... :--,."~~e.._=.... =~.,:,;.-1 «-ç,, ~.z, ,,.h._,ou~ "O’4 I - ~oup.

27, GeorgesRUGGFç ==Ze_-_:-_ ~ __~ -:- - - - :__.-- ::c -.--_’-_E ,.g:_=-: humanity, C h2s~’~t_-’.whi h : ...... 7 - = ...... " ...... :~"..... -:~";"-..... andof internationa! ku~_:_-_ -_- _~ _ --__-_:_:«- -.:_~:--~ : :.v_s--:s --_dir~c: orindirect actsleading ~o~g.-<:_ - -.::-..a. :c.-z_:: .---- -«- ::, .:.s pazz c.~z a widespreadandsystematic a::a::::.; :.-_-._~- a~.-;’":""-,...... ",--’"~ f,-~’~ :_«~. ~,:,~ :,.,en .Dolitical-.ethnic, racialor religious grounds.

28. GeorgesRUGGIU understands that the Prosecutor must prove beyond reasonable doubteach of theelements enumerated hereunder for him to be roundguilty of crimesagainst humanity (persecution), referred toin Article 3(h) of the Statute theTribunal:

(a) Theaccused committed specific violations of basic or fundamentalrights; (b) Thespecific crimes were committed due to discrimination, political or racial; (c) Thatthe accused had real or constructiveknowledge ofthe general context in whichthe offences were committed; (d) Thecrimes were committed as part of a widespreadand systematic attack againsta civilian population; (e) Theattacks were carried out on political, ethnic, racial or religious grounds.

29. GeorgesRUGGIU understands that the Prosecutor must prove that he is responsibleforthe above-mentioned crimes referred to inArticle 6(1) of the

GL 770Translated from the French IO~~

Statuteof the Tribunal. Ithas been explained tohim that the Prosecutor must provethat:

HepIanned, instigated, ordered or otherwise aided and abetted in the planning,preparation orexecution ofa crimereferred toin Articles 2 to 4 ofthe Stature. 30. GeorgesRUGGIU understands that the crimeswere committed between 1 Januaryand 31 December1994 in theterritory of Rwandaor by Rwandancitizens inthe neighbouring states.

III. ON INDIVIDUAL CRIMINAL RESPONSIBILITY

31. GeorgesRUGGIU understands that the Prosecutor must prove beyond reasonable doubtthat he is responsible forthe above-mentioned crimes referred toin Article 6(1) oftheStatute, Hehas been informed that the Prosecutor must prove that planned,instigated, ordered, committed orotherwise aided and abetted in the planning,preparation orexecution ofa crimereferred toin Articles 2 to 4 ofthe Statute.Georges RUGGIU understands that the Prosecutor must prove that the crimeswere committed between t J~ïua:v z~-’.d 31 December ! 994 in the territorv of theRepublic of Rwanda.

IV. THE FACTUAL BASIS

32. Georges RUGGIU neandOs.,.... t"~...... ",--~-~- z :.__~-._.c.- --aU_ce -- ::,.=z - ...... vere uïe ïrosecutor toproceed tofull trial onthe basi~._ ,«...... ----":~-:--~,.._...... -; ~-».-~ -a~..,,..~.,...~«=-~~ ~,,.,~~’Aalle~ations setout in paragraphs 3.1to 3.8 of ~ne -_-_ .... =- ,:.--~~;4 z.n# Ocr.ober1-997, wouldbe provedbeyond reasonable doubt. Georges RUGGIU admits the said factsand allegations.

33. GeorgesRUGGIU acknowledges that in 1994there was in Rwandawidespread andsystematic attacks against a civilian population, notably Tutsi and moderate Hums,on politicat orethnic grounds, resulting in the death ofhundreds ofpeople, mostlycivilians, throughout Rwanda.

34. GeorgesRUGGIU admits that between 7 Apriland mid-July 1994, the massacre ofthe civilian population forthe most part was aimed at the Tutsi in Rwanda. GeorgesRUGGIU further recognises that this is evidencedby the indiscriminate natureof thekillings which targeted unarmed women, children, young persons andthe aged alike who were massacred at roadblocksorplaces where they sought refuge,such as in thepréfectureandcommune offices, schools, churches and stadiums.

35. GeorgesRUGGIU admits that the media, notably Radio Télévision Libre des MilleCollines (RTLM), was one of thekey instruments used by the extremist

GL770 Translated fromthe French t0gî:~/c¢ec4 elernentsofthc l [buvementRépublicain National pour le Ddveloppemem "DR(Coalition pour la Ddfensede laR@ubli,(ue) politicalparties :~cand incite the population tomassacre the çt~rsis and thepolitical opl> ~ostlymoderate Hutus.

GeorgesRUGG ~isinterest inRwanda and the Rwandan peoi)ie started inI990 due to t!: .~and friendship hedeveloped with the Rwandan studentswho wc :nthe apartment next-door fohis in .

Georges RUGGI batbetween 1990 and 1992, his interesl in Rwanda,the Rwandanpeople ,»liticalaffairs increased significantly ashe çadually developedfurthe.- .;with Rwandan nationals visiting orlivine,_ in Belgmm."

GeorgesRUGGI thatstarting from the middle of 1992, he deveioped greaterinterest in inpolitical affairs. Indeed, starting from that period, he graduallydeve!o~.- :rcontacts with Rwandan nationals living in Be!gium, includingnotabl-. offïcials. politicalfigures, officers, diplomats and govemanent

GeorgesRUGGF, :bathe mad~ all "~-~ - meetingsor meet- ea,-,,:-ex,sungA";:_p-:2:::.:22 er::7s :c.:.seï - --=~.~2-.::-25 -~2e:~,:.2;2riorl _: .:-7- GeorgesRUGGF,_ meetingsofthe B: :lionorr~,-~ " -- - --~---- beimportant con.s: - ---: °_ pu~---- - ....

Furthermore,Geo:- 2GFUadmhs tha~ ne , =s ..... activemember of: ...... :---~.....- .... ~.8722-’. _2 ~q ¯ :.çederefiexio,: .«..£ :z -----=: ’..’.(~:~, .-.c-::-. - publishedseveral 5ticalofthe Arusha Accords &’q.,d the Rwanda:: politicalsituation.- RUGGIUadmits having participated in both dïaffing andwriting the sai~.

,ca.1"? GeorgesRUGGIU .~.the travelled toRwanda for the first time in August 1992(it would apo-_ een3 and27 August 1992) on a privatevisit., foattend thewedding ofa t5,. 5-iendand also get to know the country and its people. (Heentered Rwand_ ~.~ristvisa),

A.~. Duringhis first trip -da,Georges RUGGIU visited with several students hehad met in Belg’..~ . -otallyprivate basis. He also met their relatives, includingnotably, Jean -t/ATEGEKIMANA, President ofthe Tribunal of FirstInstance.

-2’.2 GeorgesRUGGIU ,,._. ¯esthe fact that he was very warmly received during hisfirst visit and th:_: Zwandanshe met were very kind, receptive and open-minded.

’-SLï 70 Translated fromthe Frenc 45. GeorgesRUGGIU recognises that he fell in tovewith the country and states that heleft with the firm intention ofretuming atthe earliest opportunity dueto the numerouscontacts and friendships he had made.

46. GeOrgesRUGGIIJ states that during his first visit to Rwanda,he did not meet withany Rwandan authorities orpolitical officiais. ..~. GeorgesRUGGIU nevertheless recognises that during his first visit, he met variousdignitaries, wholater turned out to be very much involved in theranks of theMRND. Some of these people in factinsisted on takinghim to visit a campfor personswho were displaced due to theRPF (). Georges RUGGIUfurther states that he wasprofoundly touched and outraged by the situationofthese civilian displaced persons and their fate.

48. GeorgesRUGGIU states that this visit greatly influenced his perception ofthe RPFand the methods that were described ascharacteristic ofthis movement.

49. GeorgesRUGGI-U states that he now realises that he wasnever alone during his firstvisit to Rwandaand that he wasalways in thecompany ofRwandans who showedhim the country, guided him on hisvisits wiuh c.ommentary m’,.d explanationsasregards everything hesa’,»" and c?_~e.’-. ~2.

¯ .

50. GeorgesRUGGIU states that when he re~~.~~ï~-- f-. ~- --- : - --~._:el--_: alihis Rwandan friends came to meetbin: ~" :------: --:-~::: ça_:«. en prepareda big surprise-party forhis reva~.. _":- - - : -:-- - - information.

...... 4 51. GeorgesRUGGIU states that the trip marked a va_--._.-_;: ....7:---: ---" "-= "" ="- involvementwith various Rwandan student and pon::ca: ..... "

52. GeorgesRUGGIU states that from that point on, his assessment of Rwanda, its peopleand political affairs was also greatly influenced bythat of Father ERNOTTE,a Belgian priest who had devoted his life to teachingin Rwandaand trainingthose who later became the country’s leaders.

53. GeorgesRUGGIU states that in themonths which followed his return from Rwanda,he was introducedto EugèneNAHIMANA (nephew by marriageof the- thenPresident of theRepublic). NAHIMANA was introduced to himas thelink betweenthe President’s Office and the MRND in Belgium"(an unofficial function).

54. GeorgesRUGGIU states that following the RPF’s resumption of hostilities in February1993, he became deeply involved in Rwanda’s political affairs. Georges RUGGIUstates that from a merespectator, he became an activeparticipant.

GL770 Translated fromthe French 55. GeorgesRUGGIU acknowledges that he thenbegan to increasehis contacts, sendingout mailings and standing upto the Belgian media and political officials orrepresentatives ofthe Bel gian establishment.

56. GeorgesRUGGIU acknowledges that at the samerime he co-operatedmore closelywith the Rwandan students in Belgiumand that he became one of thekey players’inthe Rwandan community in Belgiumwhere he participated in major politicaldebates, including notably the one regarding opposition parties, particularlytheRPF.

57. GeorgesRUGGIU states that it is thereforeessentially during the first few months of1993 that he became fully aware of the political situation and became increasinglypolitically conunitted; he also became radically opposed to the RPF andmore supportive ofthe regime in place.

58. GeorgesRUGGIU therefore admits having published certain articles in a review called- entltlea:¯. Le "/1Renovateurpropos des.’forum négociations des Rwandais depaix" enpub Beleique", lisVnéd innotablyissue No.an 4 article of1 September1993. In thesaid article, Georges RUGGIU states that the Rv:andan Govemmentdelegation should have included altthe pç~.’. .:cal’ " ferces in R’:.a~,,,da in orderto legitimise thenegotiation process and the a ...... arrangementsresulting from those negotiations.

59. GeorgesRUGGIU admits that it wasalso d,,_.n.=: --_:_: -:: ...... - ~__. _~ r __ denouncedthe report on human rights vioia-icï-2 ---- wroteto the President ofthe Republic ofR’-:,a.:~d_ _ -_:_ _-_:_ _ _ _ _ regardingthe disagreements thePresident was having -.v::_- ?-~e .Mims:eï (Dismas NSENGIYAREMYE).

60. GeorgesRUGGIU acknowledges that essence of hiswork was transmitted via mailto the Belgian newspapers and to the Prime Minister of Belgium,as wellas toseveral political groups close to the political parties inthe-then Belgian governmentbecause he wasof theopinion that the news in theBelgian media and thepositions adopted by theBelgian government were biased.

61. GeorgesRUGGIU states the purpose of thecorrespondence andthe articles he wrotewas clearly to denouncethe fact that the RPF leadership were the real culpritsand perpetrators ofthe violence which at the time was tearing Rwanda apart.

62. GeorgesRUGGIU admits that it was during this period, that is, around March or April1993, that he met FerdinandNAHIMANA in Liège(Belgium). NAHIMANAwas thenon a tourof Belgium,where he gavevarious press conferencestodenounce the biased reports in the international press regarding the humanrights situation inRwanda.

GL770 Translated fromthe French GeorgesRUGGIU acknowledges that it wasduring this period that he was contactedbya politicaladvisor for the International dela démocratie chrétienne (IDC)in response fo a letterhe had written to the organisation. Georges RUGGIU statesthat based on what he was told by the IDC political advisor, herealised that hotonly was he understoodbut also had supporters.

GeorgesRUGG1-U acknowledges that a fewweeks thereaffer, he attended an anti- tZPFdemonstration. Georges RUGGIU states that the demonstration took place in tiontofthe Ugandan Embassy and that no majorincidents were reported.

GeorgesRUGGIU acknowledges that in May1993, during the official visit t0 Belgiumby the Presidentofthe Republic ofRwanda, Juvénal HABYARIMANA, hereceived a personal invitation andwas introduced tothe President.

(+",(. GeorgesRUGGIU recognises that on thatoccasion, he developedgreat admirationfor the late President Juvénal HABYARIMANA and that, thereaffer, laisadmiration forthe President increased every time they met.

GeorgesRUGGI-U recognises that having been introduced to Juvênal HABYARIMANA,he was able to arrangea secondmeetL-.~ wf-2h ~5m a ",-d~z,.s iaterat the Hilton Hotel in Brussels.

GeorgesRUGGIU recognises that during their mee::n z. ?-:_2" - : ç _ cemmendedhim and the personhe was withfor ,,~-~--"- ...... - _ _ tbrthe image of Rwandaand that ofthe MRND. Gec-ze::- -- _L _ï _ ,-- L __ the meetingJuvénal HABYARIMANA solicited his epzm:--- -- : - --_~_, includingnotably the ways and means ofimnrovino Rwa.~ 4~’-~ "----çç --- i-~T ..... i hisregime. 1" ~ .~~-- ...... = znz:ni: « :

0’.’ GeorgesRUGGIU states that shortly affer his second meeting with President HABYARIMANA,he was invitedto a meetingorganised by Eugène NAHIMANA.At the meeting,which was attendedby a few hand-picked individuals,NAHL’vfANA ltalked about the proposed establishment of a newradio stationin Rwandain orderto counter Radio Rwanda’s discourse and allow the Rwandanpeople to choosetheir programs and not be forcedto listen to the partisandiscourse imposed by the opposition. Inother words, the aim was to set upa genuine"people’s radio station".

70. GeorgesRUGGIU states that at the meeting, several shares were put up forsale andpurchased bythe participants. Georges RUGGIU recognises that on that occasion,he personallypurchased two RTLM shares for a tokensum.

"71 GeorgesRUGGIU states that he visitedRwanda for the second rime for approximatelyrive weeks, from early July to around7August 1993. Georges RUGGIUstates that the purpose ofhis second visit was to attend a friend’s

GL ï7;)Translated from the French I0 -~,abO mare furthe[ contacts with p,.wanean aut~orifiçs andthe ,~eaair~gan~ ~~. vresiaent’s parW. ba6ershipo~,,*’~ - ¯ ¯ "*tb.a~S to Jean

Georges__,KUGGI1J ,~,XA preslden . ’ tohu" , :..nueutml 6 . ftg~2 res,-~ SUCn ,, c,.EREGEZA,,’." Che f de 72. ND¢t~~", NL/~r*" NATEGE .... ,,i,~ohtlctan ¯ ¯ ¯ s ana~~~~*__.,a chMes _ « ç~,oprestden ’ t¯ ir~troa%~~;-£~~se?i~’/L

HA: - ,-ftRv,’a~~ _ 14\~: .C -: -- - --~ . .~,-,.gjstates t5at be _:~.~,. tosettle as]eea~ ~~- .» 76. Georgesau~~ç, assooa as~ pos~’"2,:, ~’ hO’OeofretuWJ’\e :....a iob in me c,,~, .... --..-,,o~e:.-_-..-a~- a- "" " ¯ _a+ntlI1G~~" a .... hiSrC~u~"" ~__v_ ~ :-, orom~Se~~" ~ -,~mher1993, upu" ...,.o,.%r, ce:2 : :-e-.... " _ ,u«tin bep~~~," ,0.,,ci-lainant, v" , -’ace :n stateù u~,~~ . I branon ..... iateraanona fp, wanda.Tbal S tooK’ in w R,.van6a.;- " George__a RUGGIU uv Amaesty ~.:~knowledge o . _^~maa~s~tuauon 77. wasastç~u ~’« __..^,, thaI~ks tom~ . -~n,.otontt~e pu,~~,- marea presen~a)[~,ëevening event to ~~," October1993 at u, reuest. ortwo articles .GII]accepted the q ¯ " ge nublishedoae ~2 R~JGGN RUG’-’-- . . ~..,4~~,that permet, ~.Titvin Belgium’_"_-itude of

?Z. ~e _:_,,~e.{rcut,,,--- . _.~;oleS~/4a~~’-’ d statestba~ u~,-, - e~,eni~gevent organised by itsmembers in Kv~anda. !993,he atteadedan tookthe ûoor to coatradict ¯ ¯ v~herehe ¯ tsreport g_UGGIUstates that in October I-Iamaut human rizh . 79. , the ~mnesty . : Intera!.. re,nOUdY ruade _. by itted En _ agdlnst the ^ p~tgX~~ufthe eutauonP ’ries,,omm G~neral MtLNU thepreS. _ .-,,. i theatroc: . _ ,,,t~~e Secretary. _ __ ,,defend the conceramgma~~ Y uGG~Jstates ~at 2~,, took the t~oo~~- 2,Kwau~-._._,~,., __a«Geurge mRERA£- ...... ’ wnu’« asat tbe p~’» ] osePhN/-’~e’" position.

11

GL ç70 Translatedfrom the FrenCh 80. GeorgeRUGGIU also stated that it was also in October1993 that he leamt that Mr.Jean HATEGIKIMANA had succeeded in sellingthe idea ofgetting him a jobat thenewly created RTLM radio station in Rwanda,under conditions which wouldenable him live a financiallyandmaterially decent lire in Rwanda.

81. GeorgeRUGGIU states that while NZIRORERA was in Belgivunhe was ableto obtainan appointmentwith him to discussthe RTLM job offer he hadreceived. RUGGIUstates that NZIRORERA gave him a warmwelcome at his hoteland encouragedhim to acceptthejob.

82. GeorgeRUGGIU states that in orderfor him to moveto Rwanda,he informedhis employee,the "Office National de SécuritéSocial Belge (the Belgian Social SecurityAdministration) thathe was prepared to takea six-weeksabbatical leave andatso he had bought return ticket valid for one year and obtained a three-month touristvisa.

83. GeorgesRUGGIU states that when he leftfor Rwanda, around 2 November1993, hisdesire was to settle and work there, start a familyand also get involved politicallyand personally with President Juvénal HABYARIMANA, who for him

.....J representedthe vast majority ofthe people ofRwanda. RUGGIU’ further sz-~es thatat that rime, in his view, this meant working for the NOEND and de ...... _-- theRPF and its methods. "...... ---

84. GeorgeRUGGIU admits that he arrivedin Kigali on 3 Ne’.ember’ - -- immediatelytook steps to pursuethejob offer made by JenHA-- - - Tothat end, Georges RUGGIU states that he met Ferdinm-~d ~N"’---7--.~_r-~~_~~-;.-_. Directorof RTLM,in the presenceof JeanHATEGIKEvIANA. Geor~e_~ - RUGGIUstates that Ferdinand NAHIMANA told him that a decisionv---: -- -_~ takenshortly regarding his recruitment toRTLM.

85. GeorgeRUGGIU states that contrary to hisexpectations andthe promises he had received,hewas surprised and greatly disappointed that days, and even weeks atïerhis arrival in Rwanda, he hadreceived nofirm response about his employmentat the RTLM.

86. WithJean HATEGIKIMANA’s advise and assistance,George RUGGIU contactedFerdinand NAHIMANA on severaloccasions and Joseph NZIRORERAon twooccasions to speedup a decisionconcerning lais employmentat RTLM or at least,know where he stoodin thatregard.

87. GeorgesRUGGIU states that in earlyDecember 1993, while on hisway to town on foot,he ran into t he presldent , ~ s convoy whlch, stopped and he was invited by a memberof the President’sescort into President Juvénal HABYARIMANA’s vehicle.

GL 770Translated from the French 12 /og"-4~’ 88. GeorgesRUGGtU states that while he wastravelling with theif.t President 3of the I Republicinhis vehicle, the President inquired about lais activities inRwanda, particularlylais professional activities. George RUGGIU states that he opened up tothe President and told him that he wasdisappointed because he had receivednotïrm job offer with RTLM despite earlier assurances tothat effect.

89. GeorgesRUGGIU affirms that that evening, Jean HATEGIKIMANA contacted himto tell him that the President had personally intervened tospeed up his recruitmentat RTLM.

90. GeorgesRUGGIU states that the day following his meeting with the President, he wasinvited to theRTLM office by FerdinandNAHh-MANA and told that a firmdecision had been ruade conceming his recruitment to RTLM. NAHIMANAinformed him that, as a formality,he was to submitan application andaccept to be interviewedby a panelruade up ofthreepeople. RUGGIU statesthat he later learnt thatjob interviews were conducted before a panel ruade up ofFerdinandNAHIMANA, Phocas HABIMANA and Joseph SERUGENDO.Georges RUGGIU affirms expresslyindicated that the jobinterview that Ferdinand NAHIMANA wasa mereformality. 91. GeorgesRUGGIU states that onthe day ofthejob interview, heruez e.-.i--:.---- ¯FerdinandNAHIMANA who not only gave him a letterof atmoi, .... mformedhim that he wasto startwork at RTLMon 6 Januarv199-’ : 7- 92. GeorgesRUGGIU stated that the letter of appointmentherecei:-e-: =-- FerdinandNAHIMANA was signedby Nahimanahimselfand bore :ce RU_.. stamp;the letter was also written on a RTLMletter-head. Itwas a firmo:’:er -: r GeorgeRUGGIU to beemployed as journalistfor an unspecitïedperiod. ~- stipulateda one-week trial period. The letter ofappointment marie no mention of salaryor emoluments.Ferdinand NAH/MANA told RUGG1U that the salary issuecould only be resolved following a decision that was due tobe taken thereafter.

93. GeorgesRUGGIU admits that he startedwork at theRTLM on 6 January1994 andworked sometimes asan announceror as ajournalist until 14 July1994.

94. GeorgesRUGGIU states that during lais first days at the RTLM, he attended the inductioncourse organised by Mr.Gaspard GAHIGI, (RTLM chier of editoria/ staff),for newIy recruited RTLM staff; the course was in Kinyarwanda.

95. G eorge’s RUGGIUiMANastatesthatat the end ofhis PhocasHAB firstweek at work, he asked ,whowas thenDirector of D’vT*.... on a permanentbasis. Phocas HABIMANA and the¯ ".*~~V~,newly-recruited at)out being staffwereappointed surprisedat GeorgesRUGGIU’s request because he wasthe only one who had beenput on a one-weekinstead ofthe three-month probation period.

GL770 Translated ri’oto the French 96. However,Georges RUGGIU states that after reading the letter signed by FerdinandNAH1MANA, Phocas HABIMANA wrote, stamped and signeda freshpermanent letter ofappointment endorsing the conditions set forth in the employmentletter given to himby FerdinandNAHIMANA a fewdays earlier.

97. GeorgesRUGGIU states that he wasalways exclusively in charge of partofthe broadcastin Frenchat RTLMas he didnot speak Kinyarwanda.

98. GeorgesRUGGIU feels that about 50% of theRwandans had sufficient commandofFrench to enablethem understand RTLM broadcasts in French, includingand notably the ones he prepared or inwhich he participated as announcerbetween January and July 1994.

99. GeorgesRUGGIU admits that RTLM had a largelistening audience in Rwanda. GeorgesRUGGIU admits that in thecountry, RTLM was undeniably the most importantsource ofnews for the greater part of the population andthat in pm’ticular,RTLM broadcasts soon had a greatinfluence on a largesegment of theRwandan population. RUGGIU recognises that as timewent on, he became awareof theimpact RTLM had on thepeople.

100. GeorgesRUGGIU further states that RTLM was created to becomethe main sourceofnews for Rwandans. It wasto competewith radio Muhabura. a politicalradio station set up by the RPF to disseminate itsideas.

101. GeorgesRUGGIU admits that even before leaving for Rwanda, he hada.z= _-e_- in-depthknowledge ofthe history of the country, including its ëthnic and regionalconflicts and divisions, aswell as political problems facing Rwanda.

102. GeorgesRUGGIU states that he was sure that he knewthe social and political historyofRwanda sufficiently andwas fully aware of the background, notably of thearmed conflict between the Interim Government and the RPF, the politicalnegotiations leading up to the Arusha Accords, the negotiations onthe introductionofa multipartysystem in Rwanda, ethnic tension and conflicts and theimpact ofthe political situation inBurundi on the issues in Rwanda.

103. GeorgesRUGGIU states that he acquiredai1 this from Rwandan friends and fromthe many reading materials recommended by them.

104. GeorgesRUGGFU states that in Rwanda,bas knowledge of thecountry increasedthrough the many materials heacquired from the people he metin Rwanda.The newly acquired knowledge supplemented what he hadIearnt earlier,particularly the"sense of Rwandan h" ’ lstory’he had been taught. 105. GeorgesRUGGIU admits that immediately ai:ter he startedwork at theRTLM, heclearly understood that the station’s goals were mainly politicaI and that underthe guise of a commercialradio station, actually itconstituted a media

GL770 Translated fromthe French .14 e: ¢ (mcludlngand notably the MRND part),), politicalallies 106. GeorgesRUGGIU admnits realising that these political objectives were coupled withthe desire to discredital/President HABYAR~IANA,s political opponentsand their politicaI allies belote the Rwandan people, and also tlle mainobjective undoubtedly being, to systematically dernordseit. combatthe RPF and

107. GeorgesRUGG/U admits that the RTLMbroadcasts, in Kinyarwandaor French,had the saine political overtones and used the saine rnethods to convey editorialpolitical messages, namely, a mixture ofnews, interviews, news flashesand cornmentafies onthe military and political situation.

108. GeorgesRUGGIU states that there were regularjoint Kinyarwanda and French broadcastsin whichKinyarwanda (orvice versa), announcersparticipated in French broadcasts

109. GeorgesRUGG/U states that with time, RTL/vl became more and more politicallyradical inthe way it defined those it presented ashaving a positive or negativeinfluence onpolitical affairs in Rwanda. The discourse was mcreasinglyairned at distinguishîng between, on theone hand, Rwandav. politicianswhosupported the President and fought the RPF and its allies, ara.

of°nthetheRepublic.°ther’RPFmembers orits allies, thatis, those who fought thePreside.-:~ "

iiO. GeorgesRuggiu states that later in mid-March1994, clear directives were expresslyissued to RTLMstaff by Mr.Phocas Habflnana in the presence of Mr. GaspardGahigi, to raisethe tone on the political discourse and to underscore theparallel between the political situation inRwanda at that time and the 1959 Revolution.

111. GeorgesRUGG1U states that there was a deliberateshilï in policy in the sense thatpolitics was based on ethndcconsiderations. President HABYR/MANA andhis allies were supposed to beguarantors ofa political regime represent/ng thevast majority ofthe population, namely, the Hutus, wh/le those who were opposedto the President and his allies, ma/nly the RPF, were supposed to representthe adversar/es of the regime which sternmed from masses. The RPFwere even considered fanatical or bloodthirsty opponents prepared to go to anylength to reinstate a predom/nantly Tutsi regime or government.

112. Thathence, RTLM’s management

¯ ,ui melrbroad casts¯Georc~,~~ r,rr,-,,-,.-., ’~Znyenzt » and,, r ...... ~ ,, had1959ethnicrevolution,andhistorical ~’-"connotations »-,-,u~lu and that states~,atthey/ae ;*,..- was constituted,- awarethat«ayenzt-ln/cotana true these lin/(terre ~Ç!is into the

GL 770 Translatedfrom the French

15 Io~’oE_ç-

I13. towardsGe°rgesRUGGIUfurtherthe peopleadmitSagainstthat theallRTLM broadcasts weregeared instigating another,were considered tobe allies, regardless RPFand oftheirthose ethnicwho, in background. one way or 114. consideredGe°rgesRUGGIUtobeRPFadmitSalliesthat« RTLMbroadcasts generally referred tothose as RPFaccomplices». The meaning ofthis terre opposedgraduallYtoeXpandedtheInterimt°includeGovemment.the civilianTutsipopulation andHutu po liticians

I15. GeorgesRUGGIU admits that at that time,by authoritieshe knewthe official definition ofthe word« enemy», as statedand defined havingbeen defined asthe RPF and its accomplices whowere thetheTutsienemVan~l_ of~wanaa;-’",~ moderateHutu.

t16. GeorgesRUGG/U states that in themonths followin.~ noticedchanges inthe Rwandan political scene. The-countryhiS arrivalwas inslippingRWanda, senselesslyintofurther violence (several politically motivated. l’le hadbeen carried out) against a background ofincreasing ethnicaSSassinati°nSprobiems and rifts(most of the politicalonPartieSethnichad splitalong ethnic lines, and the discourse ofmany politicians was character). 117. GeorgesRUGGIU states that he waspoliticalIv

theRWanda’partywhichF°rhim,supportedit meanthim,beingcommitted to-workingC°rnmittedwithin BelgiumthePresidentand in~d Rwanda(the country was ria~ht in(MRND), the middle because, ofthe atdemocrat;sat~on,, a difficultrime for thePresident andhis allies were supposed tobe representing thevastPr°cesS)’majority ofthe population. However, that is when the fiercest enemies of the President andhis party, that is, the RPF, mainly took advantage ofthe most vulnerable rimein the democratisation process, totake power by force.

118. GeorgesRUGGIU further admits that during lais first few months in Rwanda, he noticedthat Rwandan politics was defmitelv attributedthis to the large number ofTutsi withinevolving the RPF and its army. alongethniclinesand t19. GeorgesRUGGIU states that in March1994, he clearly noticed a serious deteriorationinthe political situation and the general climate in Rwandato the extentthat the resumption ofhostilities between government forces and the RPFseemed imminent in spireofthe presence of UNAMIR.

120. GeorgesRUGGIU states that in themorning of 7 April1994, he wasshocked

PresidentandappalledofthetO Republiclearn ofthe death ofPresident Juvenal I-IAB YARIMANA, mindthat the President hadof been Rwanda, assassinated and that at bythat the tirne,RPF. it was clear in his

GL770 Translated fromthe French /at’-r~z

t21. GeorgesRUGGIU states that ail his Rwandan acquaintances shared the certaintyofknowing the people responsible forthe death of the President; they particularlyinsisted onthe link to be ruade between the President’s assassinationandthe simultaneous resumption ofhostilities bythe RPF.

122. GeorgesRUGGIU states that President Juvenal HABYARIMANA’s assassinationundeniably constituted a real national tragedy for the va.st majority of theRwandan population. Like many Rwandans, Mr RUGGIUfelt very uncertainabout his rate and the future of the country.

123. GeorgesRUGGIU states that on 7 April,he readthe offïcial communique on the deathof PresidentJuvenal HABYARIMANA on RTLMin French.

124. GeorgesRUGGIU states that the RTLM wished to underscorethe importance of thePresident’s death by suspendmg" ailits usual broadcasts andplaying classical musicfor approximately oneweek.

125. GeorgesRUGGIU admits that between 7 and10 April1994, he wentto workat RTLMas usualand that each time he retumed home in Kicukiro,he noticedthat manyhouses in thearea had been razed to the ground.

126. GeorgesRUGGIU states that during that period, in themorning of 8 April 1994,he tookin andhad treated a young wounded Tutsi child who was roaming aboutalone in thestreets in hisneighbourhood. MrRuggiu’s neighbours refusedtorender any assistance tothe toddler inneed.

?’-’r I-,’i. GeorgesRUGGIU admits that as he movedaround in thecity ofKigali, he noticedthat there were many roadblocks or checkpoints which impeded free movementof goodsand persons.

128. GeorgesRUGGIU admits that the roadblocks that were set up in Kigaliwere doneon theorders of ColonelTharcisse RENZAHO p , Kigali,and that rather than ensure security and maintain réfetpublic of order,the city theseof roadblockswere used as a check-pointtoverify identity cards and identify "who would ultimately bekilled.

129. GeorgesRUGGIU states that on 8 April1994, Mr TharicsseR-ENZAHO’s messageregarding the organisation andthe setting up of a civildefence corps was airedon RTLMby ValerieBEMERIKI.

I30. GeorgesRUGGIU states that broadcasting this message on RTLMrevealed RTLM’sfull support for the policies of theRwandan authorities.

131. GeorgesRUGGIU states that when he retumedfrom the Interim G swearing-in-ceremonywhichhe attendedas an RTLMjournalist, heovernment was s warnedby Mr.Phocas Habimana and Miss Valerie Bemeriki to be careful

GL770 Translated fromthe French becausea price had been placed on his head, a planby ttle Belgian military to abductand even eliminate him having been mlcovered.

132. GeorgesRUGGIU states that fearing for his safety tbllowing the information he receivedfrom RTLM management, he did notreturn home but remained on RTI.,Mpremises for two or threedays. During that period, Georges RUGGIU a&nitsthat he participated inseveral radio broadcasts.

133. GeorgesRUGGIU states that between 12 and14 April,he wastaken in by militaryauthorities whoassured his protection, initially, byhousing him in campKigali.

t34. GeorgesRUGGIU states that for three whole days, the military authorities barredhim from radio- related activities onRTLM. The military authorities imposeda real « periodof silence » on him.

135. GeorgesRUGGIU states that during those three days, he participated ina visit ofthecity ofKigali organised by theForces Armée Rwandaises (FAR) for Rwandanjoumalists.

136. Theitinerary was the following: mount Kigali, Nyamirambo, Gakingiro and the towncentre. During the visit, Georges RUGGIU states that he sawthe first bodies(there were many of them)and that many houses had been destroyed Kimisagara.

"’2- Ge~»rgesRUGGIU states that he sawa lotofbodies at the foot ofMount Kigali, inparticular, mutilated bodies still gasping for breath.

ï38. GeorgesRUGGIU states that at Gakingiro,he counted up to 129bodies of womenwho seemedto be Tutsis.

139. GeorgesRUGGI’U states that during the visit, he realisedthat most ofthe dead hehad seen were Tutsi civilians and not soldiers.

140. GeorgesRUGGIU acknowledges that during that visit he realised that all those personshad been undoubtedly killedjust because thev were Tutsis.

141. GeorgesRUGGIU admits that following the Kigali town visit organised by the RwandanArmed Forces, he understoodperfectly that innocent civilians, mostly Tutsis,had been massacred.

142. GeorgesRUGGIU states that in the days following his visit round Kigali town, themilitary authority allowed him to leave the Kigali Camp to resume duty as a broadcasterin the RTLM (providing a car and driver/bodyguard).

GL770 Translated fromthe French 143. GeorgesRUGGIU states that once he returnedto theRTLM, Phocas HABIMANAsummoned him for a briefingand necessarydirectives for resumingservice.

144. On thatoccasion; Georges RUGGIU told Phocas HABIMANA that he was movedby hisvisit ofthe city. Phocas HABIMANA told him that there ;vas an all-outwar in thecountry. Phocas HABIMANA added that it wasfor Georges RUGGIUto choose,bearing inmind that the protection he received was exclusivelyowing to his capacity asa journalistat RTLM.

145. GeorgesRUGGIU affirms that Phocas HABIMANA intimated that if he ceased workingfor the RTLM, he wouldlose such protection.

146. GeorgesRUGGIU admits that fr°m the date he resumedduty in theRTLM after thedeath ofPresident HABYARIMANA, that radio station became a veritable oracleto a largesegment of thepopulation especially asmost people lent credenceto thenews and comments from that radio station.

147. GeorgesRUGGIU states that on topof that,numerous RTLM listeners seemed totune in only to that radio station.

t48. GeorgesRUGGIU acknowledges that after the death of President H.OEY.a.R_hMANA,the Editor-in ChiefofRTLM, G. GAHIGI, insisted on adoptinga hard line in the tone ofbroadcasts in Kinyarwanda andFrench, eszeciailvasthat radio station was expected tojoin the war on the side ofthe K’.ç~-zS~q ,.x ~,’-rn,.a -." Forces.

i49. GeorgesRUGGIU moreover admits that affer an editorialmeeting chaired by GasperGAHIGI in themiddle of May,attended by HabimanaKantano, Anamie Nkurunziza,Emmanuel Rucogoza, Emmanuet Nkomati and ValérieBemeriki, he wastaken to taskby PhocasHabimana, in thepresence ofGaspard Gahigi andasked to act like the other joumalists, stating that" total war having broken outhe had to do all in his power, that is to say, take a morehard line stance in hisbroadcasts which had become too soif".

150. GeorgesRUGGIU acknowledges that RTLM defended all thedirectives and actionsof theinterim government and that between April and July 1994, the stationenjoyed the total, unalloyed co-operation of the government. Inremm, RTLMearned the deep gratitude of the government they appeared to serve or dependon.

151. GeorgesRUGGIU further admits that in lateApril or early May 1994, he personallyheld an interview in French with the former Prime Minister of the interimgovemment, Mr. KAMBANDA,over a RadioRwanda mobile station thenlocated in Gitarama.

GL 770Translated from the French 19 /0o0.-.7/

152. GeorgesRUGGIU admits that when he wasin Gitaramato interviewthe RwandanPrime Minister, he met FerdinandNAH/MNA at the headquartersof tlleinterim govemment. NAHIMNA welcomed him cordially and con atulated himfor the important, ood uali gr g q ty work he was domg. and concludedby saying:"We areproud of you."

153. GeorgesRUGGIU acknowledges that as a resultof thearrned conflict between theinterim govemment and the RPF, RTLM enjoyed both the official and officiousprotection of the Rwandan Armed Forces (FAR). That ruade possiblefor the RTLM to effectively continue broadcasting throughout the war. Theyprovided protection, security and the material needed for n~ing the station(including fuel and transportation).

154. GeorgesRUGGIU acknowledges that at thetime, RTLM obviously played both anofficial and officious role in public enlightenment andmass mobilisation againstRPF and its accomplices. Inreality, this implicitly included Tutsi civiliansand Hutu politicians opposed to latePresident HABYARIMANA’s governmentandits allies.

155. GeorgesRUGGIU admits that when he resumedduty in RTLM,the military authorityprovided him with a vehicle(a Suzuki Samurai initially) and then bodyguardarmed with an AK-47.

:,56. GeorgesRUGGIU declares that the vehicle assigned to him carried a military i£-sez-:a<~.,--r"_727 P a s~ed " on the wmdscreen, thus making it easy for him to ply the :-"=-’:+z--’-:g-,-:.:. :ca,n,in spire ofthe numerous checkpoints androad-blocks.

1«~, GeorgesRUGGIU admits that having stayed in Kigalicamp, he wasordered to weara militaryuniform, and at one point, he carried a 9mn pistol issued to him by theRwandan Arrned Forces for his personal protection. This was at lais own request,

I58. GeorgesRUGGIU states that he keptthat weapon and the two clips issued with ituntil his departure from Rwanda on 14July 1994. He then handed over the weaponto a PresidentialGuard upon entering the Congo Democratic Republic - formerZaire. Georges RUGGIU further states that he neverused the weapon, norhad he allowed anyone else to use it.

159. GeorgesRUGGIU admits that between 12 and14 April1994, the military authorityprovided lodging for him in the Kigali military camp (first in the Officers’Mess and then in "Venus"And after the bornbin " movedto Diplomate Hotel where several political, rnilitary gand of other Venushigh-,, , he was rankingofficials and joumalists were lodged.

160. G=_eor~,es.RUGGIU admits that his room. at the Diplomate Hotel was assigned to hlm by GeneralBIZIMUNGU, Chlefof Staffofthe Rwandan Armed r"orces,

GL770 Translated fromthe French io ç,p-e::,

throughhis liaison officer. Georges RUGGIU declares that he remainedat the DiplomateHotel until 4 July1994, when he left Kigali.

161, GeorgesRUGGIU states that he participatedin broadcasts appealing for or encouragingthe"civil defence "policy advocated bythe interim andthe Préfet for Kigali City (Colonel RENZAHO). governnmnt "162. ¯ GeorgesRUGGIU admits that in thecourse ofa broadcast over thë RTLM on 1 July1994, he called on members of the civilian population toremain vigilant. Hetold them that security was not the preserve ofthe Army but that it was also thebusiness ofthe public to prevent infiltration bythe Ieyenzi-Inkotanyi. announcedthat theirjob consisted ofreporting ai1 suspicious movements, He especiallymovements byinfiltrators. 163. GeorgesRUGGIU acknowledges that the policy sought to invitecivilians to jOinarresttheinfiltrators.fightagainsttheRPF and its allies mainly bystreet checks inorder to

t64. GeorgesRUGG/U admits that the roadblocks mounted in Kigaliand elsewhere m thecountry were manned either byjoint parois of the _....»..Rw,,,-tan Forcesand Interahamwe orpatrols mounted solely by FAR or Interakamwe.Armed Roadblocks,,vent up in Kigaliimmediately aRer President HABYAR[MANA,s death,.’.as a-oEqounced overthe radio on 7 April1994.

_ F ’_7e.--.~..=,.z --=...... ~I ,.~u,~,r r(-;g--;..~., ,=Gmlts,,j that he was well aware that civilians s:"’"-e~.î2-:a2ï- ~ked:o prcdace their identity cards at those roaaklocT-s.-u, r,,were

Georges....,-;RUGGK.r admits that he held a Rwandancardidentity card issued by the KT<:~m-ocommune and that the said identity origin"(the entry in his card was "white race"). hada columntitled "ethnic

167. Georges.RUGGIU admits that he wasinforrned that during such checks several clvilianswere summarily executed at thenumerous roadbIocks.

t68. GeorgèsRUGGIU admits that during his official tours in Kigali Town, he had on manyoccasions spoken with those manning the roadblocks (mostly militiamen).Thathis aire was to urge them not to take drugs or alcohol but neverdared to broach the issue of summaryexecutions carried out at the roadblocks.

169. GeorgesRUGGIU admits that as partofthe move to appeal for, or encourage "civildefence ", hehad addressed the population on several occasions urging themto "goto work". This being the literal translation ofaRwandan expressionthat Phocas HABIMANA, Manager of the RTLM,had expressly mstructedGeorges RUGGIU to useduring his broadcasts. With rime, this expressioncame to clearlysignify "go fight against members ofthe RPF and

GL770 Translated fromthe French 21 theiraccomplices." Later on, the expression came to mean, "go kill the Tutsis andHutu political opponents oftlie interim government."

170. GeorgesRUGGIU admits that the RTLM personnel agreed to broadcastthe messagesof theRwandan Armed Forces, some of whichasked that certain individualsorvehicles bearrested and escorted tothe nearest military post.

"t71. GeorgesRUGGIU admits that he hadonce relaved a messagerequiring a suspectedvehicle (a red Volkswagen with registration number and area of operationgiven) to be arrestedand checked. Georges RUGGIU declares that he washot aware of what happened to thevehicle and its occupants.

172. GeorgesRUGGIU admits that he broadcastmessages from the RwandanArmed Forcesand that, on oneoccasion, hehad equally used the contents of documents

capturedandnoteSorgiVendead tORPFhimsoidiers.bY soldiers,whichhe presented asdocuments roundon

173. GeorgesRUGGIU admits that Interahamwe and/or soldiers otten brought personsthey had just arrested to thepremises ofthe RTLM to request mterviews(for public confessions) orto enquire about the treatment tomete out fosuch persons.

:.--ecrzesRUGG[U admits that in thelast case, the RTLMjournalists advised ~.îatpersons arrested orcaptured beescorted either to the Presidency orthe "2" --’, ~~, ~,,n..cithesaine time, Georges RUGG1-U states that even ___:ï i--e k’~" :ïe-. er :L’v.er",iev,-ed anyarrested person, hehad personally seen ce~ainRTLM journalists conducting such interviews, atleast once.

],,-5. GeorgesRUGGE« adrnits that around mars I994, Phocas HABIMANA, Managerofthe station, had issued strict orders for RTLMjournalists to use only theexpression "’Inyenzi "’instead of’Z nyenzt-Inkotanyi’"" or,, FPR-[nkotanyi" 176. Likewise,Georges RUGGIU admits that from that moment, the Manager expresslyprohibited theuse of the word "Tutsi" during his broadcasts, a terre replacèdby "lnyenzi"

177. GeorgesRUGGIU adrnits that on severaloccasions, he used the ternï "fnyenzi" whichwas then understood bythe population notonly in its literal, but also in itsbroader sense, to denote RPF soldiers and Tutsis. The word equally referred to thosecollaborating withthe RPF in the fight against the Rwandan interim government.

178. GeorgesRUGGIU admits that even though he didnot immediately grasp the fullscope and import of the terre "lnyenzi", hehowever became aware of the ambiguityinits use. He stated that he later understood thereal meaning around themiddle of April.

GL770 Translated fromthe French 22 /off,’6~’

179. GeorgesRUGGIU admits that the widespread use of theterre "In .... " conferredthe de facto sense of "persons to be killed", ayenzt

180. GeorgesRUGGIU admits that within the peculiar context ofthe civil war in 1994,the term "’Invenzi" became synonymous with the terre ",,, ~ ."c’- e ..... " RUGGIUacknoMedges that the use of ¯ theword ,-J « I blgSt¯ ~ ul~ç;5 designatingtheTutsis as "personsto bekilled". .myenzt "’ thu~ enaea ...... up m

181. GeorgesRUGGIU achnaits that, as a joumalistemployed in RTLMbetween Januaryand July 1994, he broadcast news, official communiqués, news bulletinsonthe political andmilitary situation, up-dates onthe internal military situation,warreports and political commentaries. Healso held interviews with polifical,civilian or military figures (notably General B/ZIMUNGU, the FAR Chierof Staff).

182. GeorgesRUGGIU admits that he alsobroadcast international news and commentaries.

183. GeorgesRUGGIU admits that during those broadcasts he declared mainly that raie.amasha accords were an imposed solution, that the accords brought no real seiufiontothe situation andthat they were hot viable.

,-~,-~,.:-,-,Rt_,GGIE, admits having participated incertain joint broadcasts with - s --=ï::zï-:_»c55e:~’.3ase~d GA,HIGI, between April and July 1994. -.z~.: r _:~:~.--_.i ~.:ck 7rc-~~~es, mention was made of the bSstorical During dominationand discrimination endured by theHutus under the Tutsi monarchy a.adthe fac~ tha~ r.b,e Tutsi k;"~s got the Hutu Kings killed in order to assert their rule. ""~

185. GeorgesRUGGIU admits that in oneof hisbroadcasts he drew an analogy betweenthe RPF and the descendants of the feudal monarchs who had left the countryin 1959and were trying to corneback and re-conquer power. Georges RUGGIUadmits that he notablystated that the people ofRwanda would never giveùp poweras this would mean reverting tothe situation that had preceded the1959 events.

186. GeorgesRUGGIU admits that during one broadcast heparticipated in,he mentionedthat the 1959 revolution ought to be completed inorder to preserve itsachievements.

187. GeorgesRUGGIU admits that he ruadediscriminatory andthreatening remarks overthe radio to deplore the political stand adopted by the Belgian government in Rwandaand the attitude ofMINUAR, especially the Belgian contingent.

GL 770 Translatedfrom the French 23 /o~’67-

188. Headmits that he had directly imputed the responsibility forPresident HABYARIMANA’sdeath to the Belgiancontingent serving in MINUAR,in morethan one broadcast.

189. GeorgesRUGGIU admits that he specificallyblamed the President’s death on theBelgian contingent since it had been responsible forsecurity inKanombe airport,including the areawhere the P " , res~dents plane was shot down, especiallythe zone from where the missiles were latmched.

190. GeorgesRUGGIU admits that those grave accusations were part of a sustained mediacampaign he mountedto disparageMINUAR, particularly the Belgian contingent.

191. GeorgesRUGGIU declares that he was opposedto MINUARbecause he felt thatthey were was siding with the RPF. Georges RUGGIU was notably convincedofthe partisan attitude of MINUARin light of their delay in publishingthe report on the massacres perpetrated in Kirarnbo in November 1993.Whereas it had been promptly established that RPF was responsible for thekillings.

GeorgesRUGGIU admits that he wageda mediawar against the Belgians over zï:eRTLXI owing to the international policy adopted by theBelgian govemment : z.-5-R-:.--~_~:. -=dthe ti-’,_reats andpressure brought tobear directly on F.-.:.a:ïda s domes~ic po!icy.

---e: r 2=-- Z’_-2~2:’2U szazes 5îaz ~om me middle of April, hewas particularly alive :or.iqe nsk of an epidemic and diseases resulting from the large number of bcdies,abandoned in certain areas of Kigali.Georges RUGGIU thus admits ~.oin~to theKi«ali -- ~- - disposal,byburial,. o preJectureofthose bodieson several and fuel occasmns for those to requesten the speedy GeorgesRUGGIUstated that he actedin thismanner to ensure gagedinproper theexercise. burial for thebodies strewn ail over Kigali town and its environs.

194. GeorgesRUGGIU admits that when he discoveredthat numerous civilians had beenmassacred in Nyakabanda,he personally asked the lnterahamwe present in thearea to bury the bodies ofthe victims.

195. GeorgesRUGGIU admits that between 8 and13 April1994, he hadbeen informedof large-scaleinfiltration ofRPF members into Gikondo. In orderto alertthe RTLM Editor-in-chief, Gaspard GAHIGI who lived in Gikondo,he warnedthe Gikondo population about the presence ofthose infiltrators ina broadcast.

196. GeorgesRUGGIU admits that, Gaspard GAHIGI subsequently explained to him thatseveral persons, including women and children, had been effectively killed thatevening as a resultofhis appeal over RTLM.

GL770 Translated fromthe French 24 197. GeorgesRUGGIU admits that on 7 Aprilhe drewup, and displayed, in the RTLMoffices a list of the various political figures who were threatened, includingMr. Boniface NGULINZlRA (killed on 9 April1994).

198. GeorgesRUGGIU admits that names were struck offthe list as thepersons disappeared.

199. GeorgesRUGGIU admits that the list was posted up forat leastone month and wasaccessible tothe public and to anyInterahamwe militiamen orsoldiers who calledat theRTLM premises to consultthe list. Georges RUGGIU declares thatwhen it dawned on him that the fighters were using the list as a meansof gettinginformation about the persons still to be eliminated, hepersonalIy removedand destroyed the list in early May 1994.

200. GeorgesRUGGIU admits that the RTLMhad broadcastthe namesofpersons suchas FaustinTAGIR,~dUNGU (Prime Minister-designate of the broad- basedtransitional government formed pursuant to the Arusha accords) and LandoNdasinga (then Minister of Social Affairs), and had accused them ~emgaccomptices ofthe RPF (Lando Ndasinga was killed on 7 April1994).

_-~.2- 7 2 =.=_"’ _%.._," -~: ~’Qr. ~&m;,s , .....that during one of thebroadcasts inwhich he took _ - _.:....:_: eZ . -.,c:_~.--,~.L~~,,-. ¯ , GIS- t"o. "ûemg one ofthose responsible forthe " : 7-e_:!demH.-’ :.BY.a_RIMANA andsix other political figures. -_:- _-~_~ F--:--- 7-"--/m’:S ~Z:-:,.~ ~ "~’~,-’~~" ~.~~"~’qrmed thatthe "popular masses were :-.:n.--"ïn-..van zbr TAG~,~,..-M\fL~OEU. GeorgesRUGGIU admits that he also . » ~2~:hat F. TAGOE-M\IL~GUreflected the RPF’s vision.

202. GeorgesRUGGIU likewise admits having stated over the RTLM that:

, he condemnedthe attitudeof AgatheUwilingiyimana, thePrime Minister, who wascompromising the Rwandan political institutions and, further that he had calledfor her departure; , he congratulatedthose who wereengaged in combatagainst the "Inyenzi" at Nyamiramboand thosevaliant fighters included civilians, Interahamwe militiamen,members of politicalparties and military combatants; , therewould be a rewardoffered by thegovernment for anyone whokilied or captureda white man tïghting on the side of theRPF; . he toldKaranganwa "well done" and remindedhim thatthe MRNDChairman in Kicukirohad demanded the constitution of the civil defence; theywere doing "feast" to InY enziand that the population was determined to fightthe Inyenzi-Inkotanyi andchase them out of thecountry. He further called ¢,« ç’J , on theyouth to workwlth the Army; ° thecivilian population and members of the civil society should continue to remain vigilant,and that Inyenzi-Inkotanyi infiltrators should be identifiedand all suspiciousmovements should be reported;

25 GL770 Translated fromthe French he thankedthe civil defence and the RwandanArmed Forces for ensuringthe seeurityof theRwandan people; thepopulation should get mobilised, that the youth should "work" throughout the countrywith the Army and the government to defend the country.

203. Gr=_eo,,,esRUGGIU admits that he was adamantly opposed to theRPF for political reasons.

204. GeorgesRUGGIU equally admits that between April and July 1994, he broadcast virulentattacks against that party. The attackswere based on unverified informationand intelligence reports about the massacre of Hutus,bombing of civiliantargets, continued killings and atrocities, including the disembowelling of pregnantwomen, hanging and other forms of summaryexecution.

205. GeorgesRUGGIU admits that he madethe followingstatements during some of hisbroadcasts onthe RTLM radio station: itwas Belgian missiles that shot down the President’s plane; Belgiumis responsible forthe oppression ofthe Hutus by the Tutsis; - Belgiumis supportingtheRPF; measuresshould be taken against Belgium for assassinating President H_-’_B’Y.a~RE’,, f.--M\’A; Bel----~ ~-e nec,-co!c=is.:s rondshould leave Rwanda; -:7e:-ï:::: -:-.::.:.",~ be,...=;=---.,.,,..~.-’~d teBei~um; : ;:------:.£2 ~k 5:r :a-d_’,: ~~_d rn~-ce rep~ations forthe death of ---.-:-- 2_- - ~-.-. ~-~ fAx- ...... ------:--. ------,%r ’-~:"" ~s:s’-.~~-,’_ce ’ r.,.~.__,fh~ RPF and for ali the ...... a. - ---.:. _ ..... = ...... ,-’-~~~e COi.in[l-y; ï.’-\ -~:’,. .« am!rambo, ,~ee B~ungq.i (whites) were killed within the RPF ranks; -kevv.ere hot ius,: mv Bazun.~u. :&ex" v..ere Belgians; tinePresident’s plane was shot down in Masaka, the security zone controlled by UNAMIRBelgian soldiers; UNAMIRis an accompliceof RPF and RPFwas beingadvised by General Dallaire,the UNAMIR Force Commander; that Dallaire should work or go; itis absolutelynecessary for the Rwandan Government to order the departure of Belgiansand each Belgian in UNAMIR; Belgianblackmail ofRwanda should stop.

206. GeorgesRUGGIU admits that on severaloccasions in hisradio broadcasts, he commendedthe Rwandan Armed Forces and the inhabitants of Kigali for organisingdaily patrols.

207. GeorgesRUGGIU admits that RTLM broadcasters including himself intermittentlyplayed songs (e,g. a songby Simon Bikindi, entitled: Nanga, Abakwtie,meaning I do notlike the Hutu), which were intended to encourage the populationto fightthe enemy. Georges RUGGIU admits that he howeverdid not havea sayin the choice of musical programme aired during those broadcasts.

GL 770 Translatedfrom the French 26 208. GeorgesRUGGIU admits that on 1 June1994, he artic Interahamweandgendarmes of Gite.-- ---, ..... : p .,ularly congratulated t/le Markmachine gun, ruade in USA,from sa ~~uthe lvmmma enemy. tor capturing a 50 Bromville

209. GeorgesRUGGIU declares that he is convinced that the poIitical clashes in Rwandaled to the extermination ofthe Tutsis for politicat and ethnic reasons.

GeorgesRUGGIU acknowledges that RTLM broadcast extremist Hutu, particularlyMRND and CAR, ideology and plans, within Rwanda.

211. GeorgesRUGGIU admits that RTLM broadcasts, including those in whichhe tookpart, incited young Rwandans, Interahamwe militiamen and soldiers to take partin arrned conflict against the enemy and its accomplices, tokill and inflict seriousbodily and mental harm on the Tutsis and moderate Hutus.

212. Georges.RUGGIU admits that RTLM broadcaste ¯ wlthRTLM mana~erial ¯ . ,., ande,.,,tonal ,q; . _staff . mcur fulirs.mcludmg responsibility himself, fortogetherthe 1994 massacreof Tutsisand Rwandan Hutu opposition party members.

~, iX LAXV: FACTUAL A_\D LEGAI.. CONCLUSIONS

-- = ,-..ment,acknowled,~ed -_7__-~:~__ ~ - --c- - :---:-,:e :~:asel cc-r:_==~rred..., otTenceswhich, asa "-- by ...... -- - ...... - ...... »--::-.:;.:-.f- ~ae crî, mes of, ,wmcn ne is accused inpatternthe of 1 zvïicraW., enL

°ver,~.~~,i~-.~,~;2a Pari;a?th n dI ~ë-~ fSe;êd: tôïn;Î1 ’ ëindï~~nïénn~n2dedbyTe orgesR UGGIU theagreement, show that some ofthose acts constitute the physical are recordedevidence inof thecrimes ofwhich he is accused.

215. Similarly,thestudy and analysis offacts described inthis agreement clearly show thatGèorges RUGGIU, at anyrate and not earlier than beginning ofApril 1994, wasaware of thepersecution ofsome persons on politicaIgrounds and discriminationagainst the Tutsis.

216. He quicklybecame aware that it wasmass discrimination.

217. Furthermore,during his visit to Kigali (organised bythe military authority for the journalists)in mid-April 1994, Georges RUGGIU himselfadmitts that he was awareof an elaborate project to destroyinpart or in whole, the Tutsi ethnic group.

GL 770 Translatedfrom the French

27 218. GeorgesRUGGIU admits that he howevercontinued to workwith the RTLM eventhough he was aware of the situation.

219. Itis therefore clear from Georges RUGGIU’s plea that both the actus reus and mensrea of thecrimes ofwhich he was accused are present in theindictment. 220. GeorgesRUGGIU and the Office of theProsecutor acknowledge that sentencing ~sat the discretion ofthe Trial Charnber asprovided for in Articles 22and 23 of theStature and Rule 101 of theRules of Procedure and Evidence of theTribunal. GeorgesRUGGIU, through lais Comlsel Mohammed Aouini and Commune. counselJean-Louis Gilissen, and the Office ofthe Prosecutor will individually file pre-sentencingbriefs as envisagedin Rule 100 (Sentencing Procedure on a Guilty Plea)of the Tribunal’s Rules of Procedure and Evidence.

VI. COOPERATION B¥ GEORGES RUGGIU

221. TheOffice of theProsecutor acknowledges that Georges Ruggiu has assisted the Prosecutionby giving in-depth information to the Office, and basagreed to continueto provide complete and truthful information regarding the events that occurredin Rwandain I994.In addition,Georges Ruggiu has agreed to

:r:7...... -~--.:~:c: m et,ner c~es belote theTribunal ifso requested bythe Office testifYofthe

...... _ _-.: _:e.Z- ~ - :7--2-=2_...... -"-....:_"::-s- "r~.=...... -%,,..v-, ,-rit.~ ~ha: ai! such information and _ ....: ïr’-e~ns~~ ~aart.-~ ,--’,.orges RUGGFU must .... --_7 ....- ...... = ..,.rçaoïîca~e someone eise’s involvement. 223. ’ç----:ç_e._: ZT.’2~-2.U s:a:es r.hat he bas been ~a!ly briefed onhis co-operation With tï:e.. :::ce ,.:f ;ke Prosecutor. Heunderstands that he must be truthful in that regard.He believes that it is crucial for him tobe truthfuI in orderto show his remorse,regret and repentance.

Vil. CONSIDERATION BI( THE OFFICE OF THE PROSECUTOR 224. TheOffice of the Prosecutor acknowledges that t GeorgesRuggiu afier his arrest, is r,rovid:-£ --; he effective co-operation by rrosecutioninsome ofits most important t- investigationsmg vamable information onthe role toand the mvolvementofthe Government, political parties, the Army and particularly the media,in the events of 1994, and has reason to believe that he will continue todo so,and that this will prove to be ofutmost importance inthe prosecution offuture casesbelote the Tribunal.

225. TheOffice ofthe Prosecutor isofthe beliefthat the plea of guilty of Georges Ruggiuas well as lais meaningful co-operation withthe Prosecution will assist in

GL770 Translated fromthe Frencti

28 theadministration ofjustice aswell as the in process ofnational reconciliation in Rwanda.

226. TheOffice of the Prosecutor confifres that the whereabouts ofthe family of GeorgesRuggiu is known and the Office of the Prosecutor undertakes tocontact Belgianauthorities andseek their co-operation toensure their protection and safety.

VIII.WAIVER OR RIGHTS

227. By pleadingguilty Georges Ruggiu understands he is waivingthe following rights: a, Theright to plead hot guilty and to require the Prosecutor toprove the chargesinthe indictment beyond reasonable doubt in a t’airequitable public trial.

b. Theright to prepareand put forward a defence to the charges at such publictrial.

c. Theright to exa.mine aihis trial, or cause to be cross-examined, the -- ~ ....,a.~, ,o cb.:~dn r«he artendance andexamination ofwitnesses c:nZ~- -ei:î-S ï..=der ,’:--- ~ ...... ,.,. ....-~-- ~-.,._.c:.:c=s asthe wimesses against him.

IX Dr‘- ..... t--M. L...... " -="- -::- --ç.C-E5 RL-GGtL- 228. - , [, "- ~"--e:«...... f:-:,è~~, nê.:e read and cazet’ullv reviewed everw atgree:-_,-:..:2-_ :r.-.-c,; :,-<-; ’~ r,-,~..._ - « .... . paEto thls plea LouisGï~2SSEN. :,...... who bave advised ,.~z:ï~mecci ofmy A(,.)U rights, L~N’I~"Idof ~,.," possible CO-,pO defences,n.~el f,=~,-, and of theconsequences of entering into this agreement. No promises or inducement havebeen ruade to me otherthan those contained in this agreement. Furthennore, no onehas threatened meor forcedme in anyway to enter into this agreement andI haveentered into this agreement freely and voluntariIy andara of sound mind. I understandtheterresofthis.agreement terres. andI voluntarilyagree to each of the

Datedthis ...... dayof April 2000.

X. DECLARATION BY COUNSEL

229. I, MohammedAOUINI and Jean-LouisGILISSEN, Georges RUGGIU counsel andco-counsel, bave carefully reviewed every part ofthis plea agreement with ourclient. Further, webave fully advised our client ofhis rights, or possible defences,the laws applicable indetermining lais sentence (laws and principles

GL 770 Translatedfrom the French 29 lOWUl

govemingthe scale and determination ofsentencing), of the maximum possible sentenceand the consequences ofentering into this agreement. George RUGGIU voluntarilydecided to enterinto this agreement with the Office of the Prosecutor.

Datedthis ...... dayof Apri! 2000.

X/. OTHER AGREEMENTS BETWEEN GEORGES RUGGIU A;;-THE OFFICE OF THE PROSECUTOR

230. Exceptas expressly set forth herein, there are no additional promises, understandingoragreements between the Office of theProsecutor and Georges RUGGIUor Iriscounsels Mohammed AOUINI and Jean-LouisGILISSEN.

Georges RUGGIU Date

CarlaDei ?c~-: Date

GL 770Translated from the French 3O