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Agreement Between Georges Ruggiu and the Office of the Prosecutor

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Agreement Between Georges Ruggiu and the Office of the Prosecutor /oZd/~ /og’qz~ ICTR-97-32.DP ~W "6 : c~:-p.ta~~va -< m..l_" THE PROSECUTOR GEORGES RUGGIU PLEA AGREEMENT BETWEEN GEORGES RUGGIU AND THE OFFICE OF THE PROSECUTOR .iÇ..t. 5 r~ ?. "-DE.:.:.«’-r...AL .,.... t __J .\,_) -’3 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 Rwanda,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 genocide 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 Hutus 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 Tutsi 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;
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