(,- ) UNITED NATIONS InternationalCriminal Tribunal ~for the CaseNo.ICTR- 2000-56-I Prosecutionof PersonsResponsible for Genocideand Other Serious Violations of Date" InternationalHumanitarian Law committed in the territoryof Rwandaand Rwandan ENGLISH Citizensresponsible forgenocide and other suchviolations committed inthe territory of Original"FRENCH neighbouringStates, between 1 January 1994 and 31 December1994

r

THE PROSECUTOR VS. k.. 0 7) FRANCOIS-XAVIER NZUWONEMEYE \

AMENDED INDICTMENT (Joinder)

TheProsecutor of the International Criminal Tribunal for , by virtue of the power vested inhim under Article 17 of theStatute of the Intemational Criminal Tribunal for Rwanda (the "Statute ofthe Tribunal") charges:

AUGUSTIN BIZIMUNGU, AUGUSTIN NDINDILIYIMANA, FRAN(~OIS-XAVIER NZUWONEMEYE and INNOCENT SAGAHUTU

with CONSPIRACY TO COMMIT , GENOCIDE or in the alternative, COMPLICITY IN GENOCIDE, CRIMES AGAINST HUMANITY, and VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND ADDITIONAL PROTOCOLII, offences punishable under Articles 2, 3, 4, 22 and23 of theStatute of theTribunal andunder Rwandan Criminal Law, to the extent that the latter is notcontrary to theStatute of the Tribunal.

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I. THE ACCUSED

A ugustin Bizimungu

° AugustinBizimungu was bom on 28 August1952 in Mukaranjecommune, Byumba prdfecture,Rwanda.

Atthe time of the events referred to inthis indictment, Augustin Bizimungu held the post of . Chiefof Staffof theRwandan Army. He wasappointed to thatpost on 16 April1994 and was promotedto therank of Major-Generalat the sametime. Previously, he hadbeen the Commanderof MilitaryOperations in Ruhengeri prdfecture.

In his capacityas Chiefof Staffof the RwandanArmy, Augustin Bizimungu exercised , authorityover all soldiers in theRwandan Army.

Augustin Ndindiliyimana

AugustinNdindiliyimana was bomin 1943,in Nyaruhengericommune, Butare prefecture, , Rwanda.

At thetime of the events referred toin this indictment, Augustin Ndindiliyimana heldthe post , of Chiefof Staff of theGendarmerie nationale. Hewas appointed tothat post on 2 September 1992.

In hiscapacity as Chiefof Staffof theGendarmerie nationale, Augustin Ndindiliyimana . exercisedauthority over the entire Gendarmerie nationale and had disciplinary power over all gendarmes,even when the latter were on temporarydetachment.

Francois-Xavier Nzuwonemeye

Francois-XavierNzuwonemeye was born on 30 August1955 in Kigali-ruralprdfecture, , Rwanda.

At thetime of theevents referred to in thisindictment, Franqois-Xavier Nzuwonemeye held , thepost of Commanderof theReconnaissance Battalion (RECCE) within the Rwandan Army.

In his capacityas Commanderof the ReconnaissanceBattalion of the RwandanArmy, . Franqois-XavierNzuwonemeye exercised authority over all the units of thatBattalion.

Innocent Sagahutu

10. InnocentSagahutu was born in Cyanguguprdfecture, Rwanda.

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11. At thetime of the events referred to in thisindictment, Innocent Sagahutu held the post of Second-in-Commandof the Reconnaissance Battalion (RECCE) within the Rwandan Army and of companycommander of A Companyof thesaid Battalion. He held the rank of Captain.

12. In hiscapacity as Second-in-Commandor Acting Commander of theReconnaissance Battalion of theRwandan Army, Innocent Sagahutu exercised authority over all the units of that Battalion.

II. THE MILITARY POWER STRUCTURE

13. The Forcesarmdes rwandaises (FAR) was composedof the Armderwandaise(AR) and the Gendarmerienationale (GN).

14. TheForces armdes rwandaises did not have a unifiedgeneral staff. They were supervised by theMinister of Defence,under the direct authority of thePresident of theRepublic, the Commander-in-Chiefof the Forces armdes rwandaises.

15. Boththe Chief of StaffoftheRwandan Army and that of theGendarmerie nationale were each assistedby four bureaux: G-1 (Personnel andAdministration), G-2(Intelligence), G-3(Military Operations)andG-4 (Logistics).

16. Regardingthe Army, the territory of Rwandawas divided into various sectors of military operations.Each sector was headed by a militarycommander. The troops were divided into companiesand units within each sector. There were several elite units in the Rwandan Army, includingthe Presidential Guard, the Para-CommandoBattalion and the Reconnaissance Battalion.

17. Accordingto thelaws in forcein Rwandain 1994,the Rwandan Army was responsible for defendingthe national territory and, if necessary, cooperating with the Gendarmerie nationale in maintainingpublic order (see ordonnance l~gislative no.R85/25 dulO mai 1962 portant crdationde l’Armderwandaise) [Legislative Ordinance No. R85/25 of 10 May1962 relating to theestablishment of the Rwandan Army].

18. TheGendarmerie nationale was, for its part, responsible formaintaining public law and order andenforcing the laws in forcein Rwanda.Its members were assigned to publicsecurity territorialcompanies and brigades (see Ddcret-Loi du 23 janvier1974 portant crdation de l’Armderwandaise) [Legislative decree of 23 January 1974 relating tothe establishment ofthe Gendarmerie].

19. As of 1973,in Rwanda,the Gendarmerie had replaced the National Police force which had beenabolished and integrated into the National Army (see Arr~t~ Prdsidentiel no.86/08 du 26 juin1973 portant integration de la Police dans l’Arm~e rwandaise) [Presidential Decree No. 86/08of 26 June 1973 relating to theintegration of the Police force into the Rwandan Army].

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20. Eachof themilitary forces (Army and Gendarmerie) could, following well defined procedures, whennecessary, join forces in order to fulfill its public service mandate (see Ddcret-Loi du23 janvier1974 supra) [Legislative decree of 23 January1974, supra].

21. Underlaw, officers ofthe Rwandan Army had the duty to enforce general rules of discipline in respectofall soldiers under their authority, even those who were not members oftheir units (see ArrOt~Pr~sidentiel no.413/02 du 13 d~cembre1978 modifi~, portant R~glement de discipline des Forcesarmies rwandaises) [Amended Presidential Decree No. 413/02 of 13 December 1978establishing theRules of Disciplineof the Rwandan Armed Forces].

III. CHARGES, including a CONCISE STATEMENT OF THE FACTS:

COUNT 1: CONSPIRACY TO COMMIT GENOCIDE

22. The Prosecutorof the IntemationalCriminal Tribunal for Rwandacharges Augustin Bizimungu,Augustin Ndindiliyimaua, Franqois-Xavier Nzuwonemeye and Innocemt Sagahutuwith Conspiracy to CommitGenocide, an offencepunishable under Article 2 (3) (b)of the Statute, inthat, before 6 April 1994, and, after the tragic death of President Juvdnal Habyarimana,between 6 Apriland July1994, in Rwanda,Augustin Bizimungu, Augustiu Ndindiliyimana,Franqois-Xavier Nzuwonemeye and InnocentSagahutu decided and executeda common scheme with some or allof the following: Presidents Juvdnal Habyarimana and ThdodoreSindikubwabo, Prime Minister Jean Kambanda, Defence Minister Augustin Bizimana,General Ddogratias Nsabimana, Colonels Thdoneste Bagosora, Gratien Kabiligi and AnatoleNsengiyumva, Major Aloys Ntabakuze, Major , the MRND Chairman andofficials, Mathieu Ngirumpatse, Joseph Nzirorera and Juvdnal Kajelijeli, Prdfet-Colonel TharcisseRenzaho, Nyaruhengeri Bourgmestre Charles Kabeza, Joseph Kanyabashi from Butare,and numerous other administrators, soldiers and civilians who espoused their cause to destroy,inwhole or in part,the ethnic group which was one ofthe component elements of theRwandan population;

PursuanttoArticle 6(1) of the Statute: either by their acts or obstinate refusal tomobilise the Forcesarmies rwandaises tofulfill their legal mandate to maintainand safeguard public peace, theAccused, in concertwith the other actors mentioned above, planned, incited, ordered, committed,or otherwise, aided and abetted the planning, preparation or execution of the plannedextermination ofthe Tutsi ethnic group, as follows:

23. In late1990, after the massive attack launched inside Rwandan territory by theRwandan PatrioticFront (RPF) - a politico-militarymovement which recruited its members essentially fromthe Tutsiof thediaspora- Government officials from the Mouvement Rdpublicain Nationalpour la Ddmocratieet le Ddveloppement(MRND) and a numberof Hutumilitary officersinpositions of authority inthe Forces armdes rwandaises hadconceived the idea that theneutralization, indeed even the extermination ofthe Tutsi population ofRwanda would be

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thebest approach inorder to defeat the invaders and, by the same stroke, prevent the sharing of power,which seemed increasingly inevitable, given the configuration of forces at the time.

24. Between1991 and July 1994, that radical doctrine steadily gained in consistency, focusing on specificobjectives andadopting bellicose plans of action that heralded exclusion.

25. Thevisible components of the strategy for perpetrating thegenocide were as follows:the definitionofthe enemy by themost senior officials of the Habyarimana regime, incitement to hatredand the vindication ofethnically motivated crimes by theelite who claimed to bethe "conscienceof the ", without any judicial measures whatsoever, the training of MRND lnterahamwemilitiamen and the distribution of weapons to themby elementsof theForces armdesrwandaises, theestablishment, by senior military officers, of lists of peopleto be eliminated,the numerousobstructions to the implementationof the ArushaAccords consecratingthereturn to peaceand institutionalised power-sharing between the various politicaland/or military factions, the deliberate refusal, after the massacres ofthe civilian populationhadbegun, to restore order, to quell the upheaval and to seek out the perpetrators.

a. Preparationfor the genocide

26. In theabove context, in December1991, Juv6nal Habyarimana, then Commander-in-Chief of theForces armdes rwandaises and Head of State, set up a militarycommission to formulate a planto defeat the enemy militarily, inthe media and politically. That commission, inwhose deliberationsTh6oneste Bagosora and Anatole Nsengiyumva took part, issued a reportin which theenemy was defined as: ’... le Tutsi de l ’intdrieuroude l ’ extdrieur,extr~miste etnostalgique dupouvoir, qui n ’ajamais reconnu et nereconnaft toujours pas les acquis de la r~volution socialede 1959 et qui cherche h reconqu~rir lepouvoir par tousles moyens, y compris par les armes"[Tutsi from inside or outside the country, who are extremists and nostalgic for power, whodo notrecognize and have never recognized therealities ofthe Social Revolution of1959, andare seeking to regainpower in Rwandaby anymeans, including taking up arms.]The documentspecified that the enemy was being recruited from amongst the Tutsi inside the country,the Hutu who were dissatisfied withthe present regime and foreigners married to Tutsi women.The then Chief of Staffof theRwandan Army, D6ogratias Nsabimana, ordered that extractsfrom the commission report be circulatedamong the troops.

27. Inthe course of 1992, 1993 and 1994, the political andmilitary authorities, including Th6oneste Bagosora,Augustin Bizimungu and Protais Mpiranya, provided military training and weapons to MRNDlnterahamwe militiamen. The training took place in Ruhengeri,Cyangugu, Gisenyi, Butarepr~fecturesandin Mutarasecteur. The training sites were the Gako, Gabiro, Mukamira andBigogwe military camps.

28. Tolegitimize, if necessary, the process, President Juv6nal Habyarimana declared in 1993in Ruhengerithat the lnterahamwe had to be equippedso that,come the right time, "ils descendent"[they should swing into action].

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29. At thesame time, in Ruhengeri,between 1992 and 1994, Augustin Bizimungu, accompanied by Juv6nalKajelijeli andothers, regularly took part in meetingsthat were generally held on Saturdaysat the home of JosephNzirorera, the MRND National Secretary. The purpose of the meetingswas to devise a strategy for fighting the Tutsi enemy.

30. In January1993, Augustin Bizimungu, in his capacityas Commanderof Ruhengeri Operationalsector, while addressing histroops, stated that the enemy was known and the enemy wasthe Tutsi, thereby echoing the speech made by PresidentHabyarimana and the doctrine professedbysenior officers in the Army.

31. AugustinBizimungu reiterated that statement in February 1994 when he declared that if the RPFattacked Rwanda again, he did not want to see one Tutsi alive in hissector of operations.

32. Duringthe same period preceding the genocide, on 7 January1994, Augustin Ndindiliyimana andother influential MRND members participated in a meetingat theMRND headquarters in Kigalito opposethe disarmament program that was included in theArusha Accords and which wasto be supervisedby the United Nations Mission (UNAMIR). It wasdecided at themeeting to resistby allpossible means the implementation of the program and to hideweapons at variouslocations inKigali.

33. Furthermore,in early 1994, due to the proliferation of weapons in Kigali-cityprdfecture, UNAMIRput in placea disarmamentprogram entitled Kigali Weapon Security Area (KWSA). Concurrently,in cooperation with the Chiefof Staffof the Gendarmerie,Augustin Ndindiliyimana,UNAMIR organized search operations in Kigali.The effectiveness of the operationswas compromised by Augustin Ndindiliyimana whogave information on the search targetsto MathieuNgirumpatse, MRND Chairman. The latter passed the information on to his lnterahamwemilitiamen.

34. In Januaryand February 1994, Major Frangois-Xavier Nzuwonemeye, in keeping with the samedissimulation strategy as Ndindiliyimana,hadabout 20 armoured vehicles and about ten jeepsequipped with machine guns, belonging to theReconnaissance Battalion, hidden in Gisenyiand at certainof PresidentHabyarimana’s residences inKiyovu and Rambura. Early in themorning of 7 April1994, those vehicles were brought back to Kigalito assist the ground troopscharged with tracking down the civilian population.

35. Moreover,on 5 January1994, at theswearing-in ceremony of theBroad-Based Transitional Governmentin Kigali,the lnterahamweorganized a demonstration in cooperation with membersof thePresidential Guard. On thatoccasion, Major Protais Mpiranya, despite several attemptsby UNAMIRto negotiatewith him, prevented access by politicalopponents or a significantnumber of them into the premises of theCND. In theend, only President Juv6nal Habyarimanawas sworn in on thatday and the Broad-Based Transitional Government provided forin theArusha Accords never came into being.

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36. Inthis regard, it should also be notedthat, when Radio Trlrvision Libre des Milles Collines (RTLM),of sad memory,was founded, Innocent Sagahutu subscribed a certain number of sharesin thatcompany and blatantly campaigned among the Forces armies rwandaises to encouragethe buying of sharesin that new media organ which advocated total war against the Tutsi.

37. Lastly,although incitement toethnic or racial hatred and violence against the Tutsi were rife in thebroadcasts of that radio station, Augustin Ndindiliyimana, thehighest ranking judicial policeofficer in Rwanda,for his part, avoided investigating orordering any judicial probe whatsoeverof thejoumalists who were, on a dailybasis, committing criminal offences (incitementtoethnic or racial hatred and violence)...

b. Actsassociated with Genocide

38. On 7 April1994, in Kigali,elements of the ReconnaissanceBattalion commanded by Franqois-XavierNzuwonemeye and InnocentSagahutu, in concertwith elements of the PresidentialGuard commanded by ProtaisMpiranya, killed the PrimeMinister of the TransitionalGovernment, Agatha Uwilingiyimana, andthe ten Belgian UNAMIR soldiers who hadbeen assigned toescort her. The Prime Minister had intended togo to the radio station to addressthe nation and forewarn the various protagonists about engaging in excessesand to makean appeal for calm. Those murders, and others, annihilated several obstacles that stood in theway of the genocide.

39. Shortlybefore those murders were committed, Francois-Xavier Nzuwonemeye, had assembled histroops at Kigalimilitary camp and informed them of thedeath of PresidentJuvrnal Habyarimanaandthat of theChief of Staffof the Rwandan Army, Drogratias Nsabimana. In his address,Frangois-Xavier Nzuwonemeye identified the enemy as the RPF; he also called on his troopsto eliminate all its accomplices within the country before taking on theenemy.

40. Between7 and11 April1994, elements of the PresidentialGuard commanded by Protais Mpiranyaassassinated many Rwandan political figures, including Boniface Ngulinzira, the Ministerof ForeignAffairs of theout-going Government, whowas the main architect of the ArushaAccords. RTLM announced the death of MinisterNgulinzira in thefollowing terms: "nousavons extermin~ tousles complices du FPR;Boniface Ngulinzira n ’ira plus vendre le paysau profit du FPR, ~t Arusha.Les Accords de paix ne sontplusque des chiffons de papier, commel’avaitpr~dit notre papa Habyarimana" [we have exterminated all the accomplices of theRPF; Boniface Ngulinzira will no longer go and sell the country to the RPF in Arusha.The PeaceAccords are now only scraps of paper, as our father, Habyarimana, hadpredicted].

41. In Kigali,in Apriland May1994, Innocent Sagahutu and Protais Mpiranya distributed weaponson severaloccasions to fanaticized militiamen, whose criminal activities were well knownto them,while asking them to persevere in the undertaking toexterminate theRwandan

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Tutsi.

42. In Butare,on or about19 April1994, the interim President, Th6odore Sindikubwabo, gave a speechat a publicrally, advocating nothing less than ethnic cleansing. After the message had beendelivered, elements of thePresidential Guard, commanded by Protais Mpiranya, set out ~o concretizethat sinister scheme by murdering several thousand Tutsi in Butare and the vicinity.

43. In Gitarama,on or about21 April1994, the Prime Minister of theinterim Government, Jean Kambanda,praised RTLM, knowing full well that that radio station was calling for the exterminationofthe Tutsi and their supposed accomplices. At the time, he described the radio stationas the"arme indispensable pourcombattre l’ennemi" [indispensable weapon for fighting theenemy].

44.Augustin Ndindiliyimana and AugustinBizimungu were not uninvolvedin allthis.

45. On7 April1994, following the death of PresidentJuv6nal Habyarimana andthe Chief of Staff of the RwandanArmy, Major GeneralD6ogratias Nsabimana, Major Augustin Ndindiliyimana,thehighest ranking officer in activeservice in theRwandan Army, was appointedby hispeers to chairthe Military Crisis Committee which was to fillthe power vacuum,pending the establishment of new institutions.

46. AugustinNdindiliyimana andTh6oneste Bagosora, in full agreement, supported the institution of an interimGovernment composed solely of Hutuextremists.

47. On 7 April1994, between 10 a.m. and 1 p.m.,the Military Crisis Committee met at the:Ecole SupdrieureMilitaire (ESM), about 50 metersfrom Kigali camp. In thecourse of the meeting, CommanderNubaha of Kigalicamp cameand informedAugustin Ndindiliyimana and Th6onesteBagosora who were chairing the meeting that Rwandan soldiers were killing Belgian UNAMIRsoldiers. Augustin Ndindiliyimana andTh6oneste Bagosora allowed the meeting to continuewithout taking the slightest action either directly orthrough the intermediary ofthe commanderswhose subordinates wereimplicated inthe killings. Hence, the assassination ofthe tensoldiers from the Belgian contingent, thelargest in theUN peacekeeping mission, and the withdrawalof the Belgian contingent as of 11 April1994.

48. Between7 and 11 April 1994, elements of thePresidential Guard, the Reconnaissance Battalion andInterahamwe militiamen murdered or soughtto murderall political figures in the oppositionwho hadbeen designated to occupyprominent positions in the Broad-Based TransitionalGovernment which was to be putin placepursuant to theArusha Accords. The PrimeMinister of theTransitional Government who was in officeuntil 7 April,,Ministers Fr6d6ric Nzamurambaho, Faustin Rucogoza, Landouald Ndasingwa, BonifaceNgulinzira as well as the President ofthe Constitutional Court, Joseph Kavaruganda, wereamong the unfortunate victims.

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49. Althoughthe Gendarmeriewhich he commandedwas responsiblefor protecting the said authorities,andalthough he hadbeen informed of thethreat to thelives of thosepolitical figures,well before the events, Augustin Ndindiliyimana tookno adequatesteps to protect themfrom being killed; nor did he inany way reorganize the security system after the first massacreswere committed.

50. Themurder of theBelgian soldiers prompted the withdrawal of the Belgian contingent; the murderof politicalfigures who supported the implementation of the Arusha Accords had createdan institutional vacuum which was pemiciously filled by AugustinNdindiliyimana and Th6onesteBagosora. Two major obstacles to the spread and continuation of the massacres were thusremoved.

51. In April1994, Augustin Ndindiliyimana hadMajors Cyriaque Habyarimana and Jabo, who hadrefused tobe involved with the massacres inButare and Kibuye, transferred tothe frontline.

52. FromApril to June 1994, Augustin Ndindiliyimana, Chief of Staff of the Gendarmerie, issued manylaissez-passer tolnterahamwe leaders to enablethem to scour the country and coordinate themassacres ofthe Tutsi population.

53. FromApril to June1994, General Augustin Ndindiliyimana received daily situation reports (SITREPS)from his troops, notably during meetings held at theGendarmerie headquarters at Kacyirucamp. Those reports indicated the scale and scope of themassacres being perpetrated againstthe civilian population. Moreoever, he went to variousprdfectures to assess the situation.Although hehad at his disposal several Gendarmerie units not involved incombat to defendRwandan territory, Augustin Ndindiliyimana, Chief of Staffof theGendarmerie who, underlaw, was responsible for maintaining public order, and protecting people and their property,took no significant action to quell the upheaval orto seek out the perpetrators.

54. On 7 April1994, in Ruhengeri,Augustin Bizimungu congratulated a Conseiller of Mukamira secteurfor successfully tracking down Tutsi and encouraged him to continuehis work in "exterminantlespetits cancrelats" [exterminating thesmall cockroaches].

55. Duringthe moming of 7 April1994, Augustin Bizimungu went to JosephNzirorera’shousein Ruhengeriand told MRND militants that "l’heure est venue de mettreen pratiqueles recommendationsquivous avaient dtd faites. Je viensde m’entretenirau telephone avec Nziroreraet nousavons convenu que vous devez commencer ~ tuer tousles . Commencez parvos quartiers respectifs, avant de vous ddplacer dans les autres endroits dela commune..." [thetime has come to putinto practice the recommendations madeto you.I havejust been talkingon the phone with Nzirorera and we have agreed that you should start killing all the Tutsi.Start with your respective neighbourhoods before moving into the other areas of the commune...].He then assured them that weapons had been placed at theirdisposal at the Ruhehearmoury and he promisedto providethem with fuel for burning the homes of Tutsi.The followingday he madegood his promise by distributingfuel in Cyohoha-Rukeriinthe company

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of LieutenantMburuburengero.

56. On 8 April1994, at a meetingin Ruhengeri attended by over700 people, Augustin Bizimungu castigatedtheInkotanyi calling them perpetrators ofgenocide and urging the audience tofollow theexample of theInterahamwe in Mukingo commune whose performance he praised: over 200 Tutsikilled in Busogo parish. He thencalled for the murder of all the Tutsi.

57. On or about18 May1994, Augustin Bizimungu took part in a meetingduring which the militaryhierarchy of whichhe wasa memberpraised the performance of the militiamen and underscoredtheneed to better arm them.

58. On or about21 May 1994,Augustin Bizimungu visited Remera-Rukoma Hospital where he congratulatedthemilitiamen who had just killed about ten people at the hospital and in its vicinity,and he asked them to double their vigilance inhunting down the Tutsi.

59. Frommid-April to lateJune 1994, while the genocide was being perpetrated, Augustin Bizimungudeliberately abstained from ensuring that the Rwandan Army, which was under his command,fulfilled its duty to restoreorder, as requiredbyRwandan laws and regulations.

60. In May1994, when the US StateDepartment approached him, asking that he put an endto the killings,Augustin Bizimungu refused to takeany action whatsoever. His response to the Americandiplomat was: "faites cesser les bombardements duFPR, etje m ’engage?t arrOterles tueries"[Tell the RPF to stop the bombings and I willundertake tostop the killings].

COUNT 2: GENOCIDE

61. The Prosecutorof the IntemationalCriminal Tribunal for Rwandacharges Augustin Bizimunguand Augustin Ndindiliyimana with Genocide, an offencepunishable under Article 2.2(a) and (b), 2.3 (a) of theStatute, in thatin 1994,in Rwanda,Augustin Bizimungu and AugustinNdindiliyimana wereresponsible for killing and causing serious bodily or mental harm,committed by soldiers,gendarmes and lnterahamwe and lmpuzamugambi militiamen, againstmembers of theTutsi population with the intent to destroy, inwhole or in part, a racial orethnic group;

PursuanttoArticle 6(1) of the Statute: bytheir acts referred toin paragraphs 63to 66, 71 and 72 below,in thatthe Accused, Augustin Bizimungu and Augustin Ndindiliyimana planned, instigated,ordered, committed or otherwise aided and abetted the planning, preparation or executionofthe said crimes; and

Pursuantto Article6(3) of the Statute: in thatthe Accused knew or hadreason to know that theirsubordinates hadcommitted orwere about to commit the acts referred to in paragraphs 67 to70, 73 to77 below, and did not take the reasonable and necessary measures toprevent such actsor to punish the perpetrators thereof.

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ALTERNATIVELY TO COUNT 2

COUNT 3: COMPLICITY IN GENOCIDE

62. The Prosecutorof the IntemationalCriminal Tribunal for Rwandacharges Augustin Bizimunguand AugustinNdindiliyimana with Complicityin Genocide,an offence punishablebyArticle 2 (3) (e) of the Statute, inthat in ordering, providing the means, aiding andabetting, the Accused knowingly assisted the perpetrators of the crimes referred to in paragraphs63 to 66, 71 and 72, as follows:

AUGUSTIN BIZIMUNGU

63. On or about7 April1994, following the speechmade to themby AugustinBizimungu in JosephNzirorera’s home, cited in paragraph55 above,the MRND lnterahamwe militiamen killed150 Tutsi in Rwankeri secteur, inRuhengeri, and, on the same day, under the supervision of soldiersfrom Kanombe and Bigogwe camps, which were under the authority of Augustin Bizimungu,participated in the attack in whichmore than 200 Tutsi were killed in Busogo Parish.

64. On or about8 April1994, Augustin Bizimungu, accompanied by Sous-Prdfet Nzanana, went tomeet the said group of militiamen, andasked them to prepare to interveneatthe Ruhengeri Courtof Appealwhere Tutsi, who, according to him,were destined for extermination, had soughtrefuge.

65. Thosemilitiamen, andothers, went to meet Augustin Bizimungu on or about 14 April, shortly before12 noon, in frontof the building in whichthe "refugees" had sought refuge. Augustin Bizimungupointed to thebuilding and withdrew after the first grenade was thrown. Over 100 peoplewere killed at thatlocation following the said attack. In theevening, Augustin Bizimunguhad broadcast an announcementon the radio, alleging that the refugees had died underRPF bombs.

66. On 16 June1994, at a meetingheld at EGENA,Augustin Bizimungu told militiamen to set up roadblocksto unmask the Inkotanyi who had hidden among Hutu fleeing the combat zones. As a resultof those orders, a large number of Tutsicivilians and Hutu mistaken for Tutsi were killedin that area in the following hours and days.

67. On 7 April1994, Lieutenant Mburuburengero of Mukamira camp, subordinate to Augustin Bizimungu,told a groupof militiamen toexterminate theTutsi in Ruhengeri. Asa resultof that order,and by dint of the weapons and fuel provided bythe soldiers, 60to 70 Tutsi were killed inthe morning in the Byangabo neighbourhood, aftertheir houses had been set aflame in order toflush them out.

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68. Finally,from mid-April to lateJune 1994, while Augustin Bizimungu was exercising his functionsas Chiefof Staffof theRwandan Army, soldiers under his command committed murdersand caused serious bodily or mentalharm to many Tutsi, with the intent to destroy, in wholeor inpart, the Tutsi ethnic group, at placesin Kigali,Gitarama, Butare, Gisenyi, Cyangugu,Kibuye and Ruhengeri.

69. Suchacts of violence were specifically observed at CharlesLwanga Church on 8 and10 June 1994;at theJosephite Brothers compound, on 8 Apriland 7 June1994; at ETO-Nyanza, on 11 April1994; at theCentre Hospitalier de Kigali, during the months of April,May and June 1994;at the Kicukiro conseiller’s office, during the months of April and May 1994; at Kabgayi PrimarySchool, from April to June1994; a theMusambira commune office and Dispensary, in Apriland May 1994; at TRAFIPRO,in Apriland May 1994; in Butare,from 19 Aprilto late June1994; in Gisenyi, Kibuye and Ruhengeri, during the months of April,May and June 1994.

70. Althoughheknew or had reason to know-in view of theintelligence resources athis disposal - thathis subordinates wereabout to commit or hadcommitted such acts of violence,Augustin Bizimungudid not take any of thenecessary and reasonable steps to prevent the said crimes andhe did not at any time use his statutory powers to punish the perpetrators orto institute proceedingsagainst them.

AUGUSTIN NDINDILIYIMANA

71. On or about15 April1994, Augustin Ndindiliyimana went to Kabakubwahill accompanied byColonel Tharcisse Muvunyi and instructed thelatter to make sure that all the Tutsi refugees whohad gathered there were killed within 24 hours.As a resultof thoseinstructions, the followingday, Joseph Kanyabashi, Colonels Muvunyi and Alphonse Nteziryayo mobilised a numberof youths in Butare to go and fulfill that vile task. That day, between 3 p.m. and 6 p.m., severalhundred Tutsi refugees were murdered on Kabakubwahill.

72. Aroundlate May or earlyJune 1994, Augustin Ndindiliyimana, accompanied by Nzabirinda, alsoknown as Biroto, and gendarmes, led six Tutsi civilians tothe outskirts of Butare. When theygot there, very near a bridge,he drew his gun and shot and killed two of them - a woman andher baby - leavinghis companions to kill the four others. Augustin Ndindiliyimana later urgedthose present to treatall Tutsi in the same way so as to prevent them from giving their testimonyto future investigators fromthe intemational community.

73. On 20,21 and22 April1994, many massacres were committed in Nyaruhengericommune while AugustinNdindiliyimana waspresent there. Those massacres, which were orchestrated and supervisedby gendarmes assigned to guardAugustin Ndindiliyimana’s family; they provided weaponsand fuel to the killers who caused the death of over a thousandpeople in Nyaruhengeri andits vicinity, particularly inKansi Church where more than 10,000 Tutsi had sought refuge.

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74. On or about21 April1994, gendarmes on dutyat AugustinNdindiliyimana’s residence oppositeNyaruhengeri gave two grenades to an Interahamwemilitiaman known as Kajuga Pierreand told him to usethem to exterminate theTutsi. The grenades were handed over quite openly,during the day, at AugnstinNdindiliyimana’s residence, where his wife and children wereliving.

75. Onor about22 April1994, Pierre Kajuga threw a grenadeinto the Nyaruhengeri secteur office wheremany Tutsi had sought refuge, blowing offboth legs ofAdolphe Karakesi and wounding manyother refugees.

76. On or about13 April1994, gendarmes from the Nyamirambo unit, accompanied by militiamen, attackedSaint-Andrd College, in Kigali,where hundreds of people,mainly Tutsi, had sought refugebetween 7 and 8 April1994. After checking their identity, the attackers selected all the Tutsimen and killed them outside the college. The said gendarmes were under Augustin Ndindiliyimana’scommand.

77. Onor about22 April 1994, a groupof about 60 Tutsi was selected atthe CELA, where they had soughtrefuge, and led to the Muhima Gendarmerie unit purportedly forquestioning. Infact, the gendarmes,instead of questioningthem, handed them over to lnterahamwemilitiamen who killedthem on the road leading to the CND. Not more than five people survived that massacre. Thosegendarmes were under Augustin Ndindiliyimana’s command.

COUNT 4: CRIMES AGAINST HUMANITY (Murder)

The Prosecutorof the IntemationalCriminal Tribunal for Rwandacharges Augustin Bizimungu,Augustin Ndindiliyimana, Fram;ois-Xavier Nzuwonemeye and Innocent Sagahutuwith Murder, as a Crimeagainst Humanity, an offence punishable under Article (3) (a) of the Statute,in that,in 1994,in Rwanda,Augustin Bizimungu, Augustin Ndindiliyimana,Fram;ois-Xavier Nzuwonemeye and Innocent Sagahutu were responsible forseveral murders committed against Rwandan nationals, aspart of widespreador systematic attacksagainst a civilian population, onnational, political, ethnic, racial or religious grounds; in thatalso, at thesame time and place, Fram;ois-Xavier Nzuwonemeye and Innocent Sagahutu wereresponsible for the murder often UNAMIR peacekeeping troops, whose mandate did not includecombat and who were, moreover, disarmed, during the same attacks led against the victimson national,racial or ethnic grounds;

Pursuantto Article6(1) of theStatute: by theirindividual acts, the Accused planned, instigated,ordered, committed or otherwise aided and abetted the planning, preparation or executionofthe crimes referred toin paragraphs 79,80 and81, 92 and 93, 103 and 107 below; and Pursuantto Article6(3) of the Statute: because the Accused knew or had reason to know that soldiersunder their command or civilians obeying their orders had committed orwere about to committhe crimes referred toin paragraphs 82 to 91, 94 to 102, 103 to 108 below, and did not

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takethe reasonable andnecessary measures toprevent such crimes or to punish the perpetrators thereof.

AUGUSTIN BIZIMUNGU

79. On or about7 April1994, Augustin Bizimungu, Commander of MilitaryOperations in Ruhengeriprdfecture, wasinformed that massacres of the civilian population had begun and thatseveral civilians had soughtrefuge at Ruhengerimilitary camp. He orderedhis subordinatestochase the civilians out of the camp and prevent them in the future from coming in.As he left the camp, two civilians begged him for his assistance; heordered that they be pushedaway and armed civilians executed them in hispresence. Finally, as hewas continuing on hisway, that same group of armedcivilians set upon a groupof womenand children and massacredthem in frontof AugustinBizimungu, who took no actionwhatsoever.

80. On or about7 April1994, in a complexnear Rwankeri, Augustin Bizimungu came across militiamenbusy killing refugees and he vigorouslyencouraged them. During that attack, the militiamenhad found a youngwomen in hertwenties, hidden under the roof of a building, AugustinBizimungu asked that she be burntalive and watchedthe unbearablescene. AugustinBizimungu then rewarded the militiamen with money for what they had done.

81. Between11 and14 April1994, Augustin Bizimungu went to a roadblocklocated near the RuhengeriAgronomic centre with four bound Tutsi in therear cabin of hisvehicle that the soldiersof hisescort were stamping on withoutrestraint. Augustin Bizimungu asked the militiamenmanning the roadblock todo theirduty by killing the four Tutsi. The militiamen complied.

82. Asof 7 April1994, in Kigali, thousands ofcivilians had sought refuge at the Ecole Technique Officielle(ETO) in orderto placethemselves under the protection of the UNAMIR Belgian contingent.On 11 April1994, immediately after the Belgian contingent withdrew, soldiers fromthe Presidential Guard and the Para-commando battalion, assisted by militiamen,lead the refugeesin thedirection of Nyanzaon a two-kilometreforced march, after which they massacredseveral thousands ofcivilians: men, women, the elderly and children.

83. Rightfrom the beginning of themassacres, the Centre hospitalier de Kigali (CHK) took manyinjured Tutsi from the various districts of the city. Soldiers from the Reconnaissance battalionguarded the hospital. Onseveral occasions, those soldiers selected Tutsi patients and killedthem on thespot. Moreover, a list of Tutsistaff members was drawn up and several of themwere killed.

84. On 10 June1994, at theCharles Lwanga church in Kigali,soldiers from the Rwandan Army andmilitiamen forced the refugees hiding there into trucks. They took the refugees in the directionof Rwamparaand executed them along the way.

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85. On or about7 June1994, soldiers from the Rwandan Army surrounded the house of the Josephitebrothers in Kigali,they made those who were inside come out and shot them.

86. BetweenApril and June 1994, several persons sought refuge at Kabgayiprimary school in Gitaramaprdfecture. Throughout this whole period, soldiers from the Rwandan Army and Interahamweabducted and killed young boys who had sought refuge at thatlocation.

87. In Apriland May 1994, a largenumber of civilians sought refuge at Musambira commune office anddispensary, in Gitaramaprdfecture. Duringthat period, soldiers from the Rwandan Army andmilitiamen abducted and killed several Tutsi men and young boys who had sought refuge at thatlocation.

88. In Apriland May 1994,thousands of civiliansgathered in theTRAFIPRO compound in Gitaramain orderto protectthemselves from ethnic violence that was rampant in the region. Throughoutthat period, soldiers from the Rwandan Army abducted and killed several Tutsi men andyoung boys who had sought refuge at that location.

89. In Butare,starting on 19 April1994, soldiers from the Rwandan Army and lnterahamwe abductedand killed many civilians from thepr~fecture office, the Episcopal church of Rwanda (EER),Gishamvu church and Nyumba parish.

90. In Gisenyi,on 7 April1994, Anatole Nsengiyumva, the military area commander, ordered certainpolitical leaders, local authorities andmilitiamen toassemble at themilitary camp. AnatoleNsengiyumva addressed the gathering, ordering all present to kill all RPF accomplices andall Tutsi, after which Anatole Nsengiyumva ordered his subordinates todistribute rifles and grenadesto themilitiamen that were present. Thus, between April and July 1994, militiamen actingunder the orders of AnatoleNsengiyumva tracked down, abducted and killed several membersof theTutsi and moderate Hutu population of Gisenyi.

91. InCyangugu prefecture, in the course of April and May 1994, members ofthe Tutsi population whowere being hunted down in theircommunes sought refuge at Kamarampakastadium, as wellas in theNyarushishi camp compound. During this period, soldiers from the Rwandan Armyand lnterahamwe abducted and killed many of thosecivilian refugees.

AUGUSTIN NDINDILIYIMANA

92. Towardsthe endof April1994, Augustin Ndindiliyimana, accompanied by armed back-up troops,went to a compoundin Butarewhere civilian Tutsis had sought refuge. One Nzabirinda wasamongst those accompanying himand he calledout the names of 12 ill-fatedpersons who wereimmediately led to thebanks of theCyamwakiza River and killed. On thisoccasion, AugustinNdindiliyimana killed four of thepersons thus abducted with an assault rifle.

93. On 5 May1994, inNyaruhengeri, a group of lnterahamweincluding Pierre Kajuga went to the

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residenceof IgnaceHabimana and killed the latter, as wellas C61estinMunyanshagore, followingorders the murderers claimed to havereceived from Augustin Ndindiliyimana.

94. On or about7 April1994, in Kigali,gendarmes under the commandof Augustin Ndindiliyimana,accompanied by lnterahamwe,went to Kabezawhere they killed Gerard Kalinditwariandthe members of hisfamily composed of sevento eight persons. Those persons werekilled because they were Tutsi.

95. On or about8 April1994, a groupof gendarmesunder the commandof Augustin Ndindiliyimana,led by SergeantMajor Come, went to Kabezaled by an militiamanand massacred a Rwandan civilian answering tothe name Kanamugire and all of the membersof hisfamily.

96. In the monthof April1994, militiamen erected a roadblocknear Kacyiru Camp, the headquartersof theGendarmerie. At theroadblock, which was supervisedby two NCO gendarmes,the militiamen killed several Tutsi as wellas someHutu who had come to seek refugeat thecamp and whom the gendarmes had handed over to them.

97. Towardsthe end of April,on theorders of AppollinaireBiganiro, commander ofthe Gisenyi gendarmerieunit, and a subordinateofAugustin Ndindiliyimana, Omar Serushago, Bernard Munyagishari,Thomas Mugiraneza, one Damasand others,went to Rwandex,a company locatedin Gisenyi,toabduct and kill the Tutsi who had sought refuge there. When they arrived, theybeat to deatha manof Tutsiorigin who attempted to dissuadethem from so doing. Subsequently,theyabducted four persons of Tutsi origin, identified bygendarmes present at thatlocation, and took them to the cemetery where they were executed.

98. Stilltowards the end of April, on the orders of the same Apollinaire Biganiro, Omar Serushago, ThomasMugiraneza, Bernard Munyagishari, Hassan Gitoki, Damas and Michel Abuba went to themilitary camp to collectseveral Tutsi civilians detained atthe gendarmerie unit’s gaol. Withthe assistance ofthe guards who were present at thatlocation and a fewlnterahamwe, they ledsome ten Tutsi to theplace called "commune rouge" and executed them there.

99. In thelast few days of April1994, Antoine Bisonimbwa, Augustin Ndindiliyimana’s uncle, wasinformed that the people of Nyaruhengerirefused to killGahoki, a Tutsi tradesman. He wentto theresidence ofAugustin Ndindiliyimana, to collect three gendarmes who went to kill thetradesman. After killing him, the gendarmes seized the motorcycle belonging to the deceasedand took it to theresidence ofAugustin Ndindiliyimana to be used in theirdaily movements.

100. In Kigali,in earlyMay 1994, gendarmes under the command of AugustinNdindiliyimana killedAloys Niyoyita, a Tutsi civilian, member of the Liberal Party.

101.In Kigali,in earlyMay 1994, gendarmes under the command of AugustinNdindiliyimana

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killedPhocus Kananeri, a Tutsi civilian, inside his house.

102. In Kigali,in April1994, at Nyamirambo,gendarmes under the commandof Augustin Ndindiliyimanaoccupied one of themany roadblocks erected in thatsecteur. They would checkthe ethnic origin of thepassers-by atthe roadblock byexamining their identity cards. Anyonewho was of Tutsiorigin or wassuspected of belongingto thatethnic group was summarilyexecuted. The executioners would then invariably accuse their victims of being "lnkotanyiaccomplices".

FRANCOIS-XAVIER NZUWONEMEYE AND INNOCENT SAGAHUTU

103. Duringthe moming of 7 April1994, elements of theReconnaissance battalion under the commandof Franqois-XavierNzuwonemeye and led by InnocentSagahutu, acting in concert withmembers of thePresidential Guard and lnterahamwe militiamen hunted down, tortured andkilled Prime Minister Agathe Uwilingiyimana. Theyalso killed three members of the Prime Minister’sentourage, including her husband.

104. Shortlybefore the Prime Minister was murdered Captain Innocent Sagahutu informed his hierarchicalsupervisor, Frangois-Xavier Nzuwonemeye, by radio that "tous avaient dtd ddjh tuds?t !’exceptionde Agathe Uwilingiyimana et de FaustinTwagiramungu" [everyone had alreadybeen killed except Agathe Uwilingiyimana andFaustin Twagiramungu].

105. Duringthe moming of 7 April1994, ten UNAMIR Belgian peacekeepers were arrested at the residenceof AgatheUwilingiyimana by soldiers from the Reconnaissance battalion under the commandof Francois-XavierNzuwonemeye and led by InnocentSagahutu, assisted by their colleaguesfrom the Presidential Guard. After being disarmed, the Belgian peacekeepers were ledto KigaliCamp where they were horribly killed and mutilated by an unleashedhorde composedof soldiersfrom the Reconnaissance Battalion, the Presidential Guard and the Music Company.

106. Duringthe wholeof that momingof 7 April,Sergent Major Bizimungu who led the Reconnaissancebattalion unit that had participated in the arrest of thepeacekeepers had remainedin radiocontact with Captain Innocent Sagahutu.

107. Thus,when at thebeginning of themoming of 7 April,the NCO askedCaptain Innocent Sagahutuwhat he shoulddo if theBelgian soldiers were to resistthe arrest of thePrime Minister,hewas ordered to use his armoured vehicles if thatwere to be the case. Later that sameday when Sergeant Major Bizimungu asked Innocent Sagahutu if PrimeMinister Agathe Uwilingiyimanashould be takento KigaliCamp he answeredscathingly "pour quoifaire?" [whatfor?]. Thereupon Prime Minister Agathe Uwilingiyimana waskilled.

108. In Kigali,as soonas themassacres began in April1994, the Centre hospitalier de Kigali (CHK)took in many Tutsi who were injured or simply refugees from the various districts ofthe

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city.Soldiers from the Reconnaissance battalion under the command of Francois-Xavier Nzuwonemeyeand belonging to theA squadled by InnocentSagahutu guarded the hospital. On severaloccasions, those soldiers selected patients or refugeesand killed them there. Moreover,a list of Tutsistaff members was drawn up andseveral of themwere killed

COUNT 5: CRIMES AGAINST HUMANITY (Extermination)

109. The Prosecutorof the IntemationalCriminal Tribunal for Rwandacharges Augustin Bizimunguand Augustin Ndindiliyimana with Extermination, as a Crimeagainst Humanity, anoffence punishable under Article (3) (b) of the Statute, inthat, in 1994, in Rwanda, Augustin Bizimunguand Augustin Ndindiliyimana were responsible for murders committed on a large scaleagainst the Rwandan civilian population, aspart of widespread orsystematic attacks, on ethnic,racial or political grounds;

Pursuantto Article6(1) of theStatute: the Accused Augustin Bizimungu by his acts planned, incitedto commit,ordered, committed or otherwise aided and abetted the planning, preparation orexecution ofthe crimes referred to inparagraph 79above; and

Pursuantto Article6(3) of the Statute:in thatthe Accused Augustin Bizimungu and AugustinNdindiliyimana knew or hadreason to knowthat soldiers under their command or militiamenobeying their orders had committed or were about to commit the crimes referred to in theparagraphs 82, 84, 85, 89, 90, 73 and102 above and did not take reasonable and necessarymeasures to prevent such crimes or to punish the perpetrators thereof.

COUNT 6: CRIMES AGAINST HUMANITY (Rape)

110. The Prosecutorof the InternationalCriminal Tribunal for Rwandacharges Augustin Bizimungu,Frangois-Xavier Nzuwonemeye and InnocentSagahutu with Rape, as a Crime againstHumanity, anoffence punishable under Article (3) (g) of the Statute, inthat, in 1994, Rwanda,Augustin Bizimungu, Frangois-Xavier Nzuwonemeye and InnocentSagahutu wereresponsible forseveral rapes committed against Tutsi civilians bysoldiers under their commandor by civiliansover whom they had authority, as part of widespreador systematic attacksagainst a civilian population, onnational, racial, ethnic, orpolitical grounds, asfollows:

Pursuantto Article6(3) of the Statute: in thatthe Accused knew or had reason to know thattheir subordinates had committed or wereabout to committhe rapes referred to in paragraphs111 to 117,in respectof AugustinBizimungu, in paragraph112 in respectof InnocentSagahutu and Frangois-Xavier Nzuwonemeye, and did not takereasonable and necessarymeasures to prevent such crimes or to punishthe perpetrators thereof.

111. In Apriland May 1994, soldiers from the Rwandan Army went daily to theoffice of the conseillerofKicukiro inKigali, to abduct Tutsi women and young girls whom they raped in the vicinityofthe office.

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112. Duringthe monthsof April,May and June1994, soldiers from the A squadof the Reconnaissancebattalion, led by InnocentSagahutu and underthe commandof Major Francois-XavierNzuwonemeye, who guarded the Centre hospitalier de Kigali,and their Interahamweaccomplices abducted several Tutsi women from the hospital who had come to seektreatment orsimply to seek refuge; they raped them or mistreatedthem. Those rapes often tookplace inside the kiosks at the entrance tothe hospital.

113. BetweenApril and June 1994, several persons sought refuge at Kabgayiprimary school in Gitaramaprdfecture. Throughout that period, soldiers from the RwandanArmy and lnterahamwemilitiamen selected and abducted Tutsi women and young girls that they took to therooms reserved for injured soldiers or in nearbyplaces and woods where they raped them.

114. In Apriland May 1994,at the Musambiracommune office and dispensary, in Gitarama prdfecture,soldiers from the Rwandan Army and militiamen frequently abducted Tutsi women andyoung girls to takethem to nearbyplaces and woods where they raped them. Those rapes wereoften accompanied by humiliating and degrading treatment.

115. In Apriland May 1994, at theTrafipro centre in Gitarama,soldiers from the Rwandan Army andmilitiamen abducted Tutsi women that they led to neighbouringplaces where they raped them.Those rapes were often accompanied by humiliating and degrading treatment.

116. In Butare,starting on 19 April1994, soldiers from the Rwandan Army and Interahamwe militiamenwent on a regularbasis to the prdfecture office, to theEpiscopal church of Rwanda ~ER),to Gishamvuchurch and Nyumba parish to abductthe female refugees and rape them. Thoserapes were often accompanied by humiliating and degrading treatment.

117. In Cyangugu,during the months of Apriland May 1994, soldiers from the Rwandan Army and lnterahamweregularly abducted Tutsi refugee women at Kamarampakastadium and raped them andassaulted them morally.

COUNT 7: VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND ADDITIONAL PROTOCOL II (Murder)

118. The Prosecutorof the IntemationalCriminal Tribunal for Rwandacharges Augustin Bizimungu,Augustin Ndindiliyimana, Frangois-Xavier Nzuwonemeye and Innocent Sagahutuwith Murder, as a violationof Article3 commonto theGeneva conventions and AdditionalProtocol II, an offence punishable under Article (4) (a) of the Statute, inthat, in courseof 1994in Rwanda,soldiers under their command or civiliansover which they had authoritycommitted, in the context of a non-internationalarmedconflict opposing the Forces armiesrdguli&es du Rwanda(FAR) to theFront patriotique rwanda& (FPR), and in direct relationto thatconflict, many murders of membersof theRwandan civilian population who werenot participating inthe hostilities; moreover, atthe same place and time, soldiers under the

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commandof Frangois-XavierNzuwonemeye and InnocentSagahutu killed ten Belgian UNAMIRpeacekeepers, whose mandate did not include combat (see Chapter 6 of theUnited NationsCharter), whom moreover were disarmed, allegedly because there was collusion betweenthe Kingdom of Belgiumand the ;

PursuanttoArticle 6(1) of the Statute: byvirtue of their acts, the Accused planned, incited to commit,ordered, or otherwiseaided and abetted the planning or executionof thecrimes referredto inparagraphs 66, 92 and 103 to 107above; and

Pursuantto Article6(3) of theStatute: in thatthe Accused knew or hadreason to knowthat theirsubordinates hadcommitted orwere about to commit the crimes referred toin paragraphs 86to 88 and 90, 76, 77 and 102, 103 to 108 above, and in that they did not take reasonable and necessarymeasures toprevent such crimes from being committed or to punish the perpetrators thereof.

COUNT 8: VIOLATION OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS AND ADDITIONALPROTOCOL II (Rape,humiliating and degradingtreatment)

119. TheProsecutor of the InternationalCriminal Tribunal for Rwandacharges Augustin Bizimungu,Frangois-Xavier Nzuwonemeye and InnocentSagahutu with Rape, and other humiliatingand degrading treatment, an offence punishable under Article 3 commonto the GenevaConventions andAdditional Protocol II, under Article 4 (e) of the Statute, inthat, 1994,in Rwanda,soldiers from the Rwandan Army, under their authority, in concert with militiamen,raped several Tutsi civilian women, in the context of a non-internationalarmed conflictinasmuch as thoseRwandan civilians were categorized by their tormentors as being virtualmembers of theRPF or accomplicesof that movement;

Pursuantto Article6(3) of the Statute: inthat the Accused knew or had reason to knowthat theirsubordinates hadcommitted or were about to commit the rapes referred to in paragraphs 111to 117,in respectof AngustinBizimungu, and 112, in respectof Frangois-Xavier Nznwonemeyeand Innocent Sagahutu, and did not take reasonable and necessary measures to preventsuch crimes or to punishthe perpetrators thereof.

Doneat Arusha(Tanzania)

TheProsecutor HassanBubacar Jallow

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