RUGGIU 1 JUNE 2000
1
2
3
4 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
5
6 CASE NO: ICTR-97-32-I THE PROSECUTOR OF THE TRIBUNAL 7 AGAINST 8 GEORGES RUGGIU 9
10 JUNE 1, 2000 1000H 11 JUDGMENT 12 Before: 13 Madam Judge Navanethem Pillay, President Judge Eric Møse 14 Judge Pavel Dolenc
15 For the Registry: Ms. Aminatta N'gum 16 Mr. Edward Matemanga
17 For the Prosecution: Mr. Mohamed Othman 18 Mr. William T. Egbe Mr. Elvis Bazawule 19 For the Accused: 20 Mr. Mohamed Aouini Mr. Jean Louis Gilissen 21 Court Reporter: 22 Ms. Noorjahan Pirani-Hirji
23
24
25
ICTR - CHAMBER I 1
RUGGIU 1 JUNE 2000
1 PROCEEDINGS COMMENCING AT 1005H
2
3 JUDGMENT OF THE CHAMBER DELIVERED BY THE HONOURABLE
4 MADAM JUDGE PILLAY:
5
6 MADAM JUDGE PILLAY:
7 This session is open. Will the
8 representative of the Registry call the
9 roll.
10 MS. N'GUM:
11 Thank you, Madam President.
12
13 Trial Chamber 1 of the International
14 Criminal Tribunal for Rwanda, composed of
15 Judge Navanethem Pillay, presiding; Judge
16 Erik Møse; and Judge Pavel Dolenc; is now
17 sitting in open session, today, the 1st of
18 June 2000, for the delivery of the
19 Judgment in the matter of the Prosecutor
20 versus Georges Ruggiu, Case Number
21 ICTR-97-32-I.
22
23 Thank you, Your Honours.
24 MADAM PRESIDENT PILLAY:
25 Thank you, Ms N'gum.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 2
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1
2 I notice the presence of Georges Ruggiu in
3 court; will Counsel place themselves on
4 the record. For the Prosecution?
5 MR. OTHMAN:
6 Thank you, Madam President. The
7 Prosecution is represented by myself,
8 Mohamed Othman and to my right, William
9 Egbe and Mr. Elvis Bazawule.
10 MADAM PRESIDENT PILLAY:
11 Thank you. Defence?
12 MR. AOUINI:
13 Good morning, Madam President. Your
14 Honours, good morning. I am Aouini,
15 Mohamed, lead Counsel.
16 MR. GILISSEN:
17 Madam President, Your Honours, I am Jean
18 Louis Gilissen from Liege, Belgium,
19 co-counsel.
20 MADAM JUDGE PILLAY:
21 This is a session of Trial Chamber 1
22 called for the purpose of delivering the
23 Judgment in the matter of Georges Ruggiu,
24 and I will ask the security then to escort
25 Mr. Ruggiu to the front of the Chamber.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 3
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1
2 Mr. Ruggiu, you may take your seat.
3
4 Mr. Ruggiu, on the 15th May of this year,
5 having been authorized to change your
6 plea, you pleaded guilty to two counts set
7 forth in the indictment against you. And
8 you confirmed that you signed a Plea
9 Agreement which was also signed by both,
10 your Counsel and the Prosecutor, in which
11 you admitted having committed all the acts
12 to which you pled guilty, as charged in
13 the indictment.
14
15 Under Count 1, the Prosecutor charges you
16 with Direct and Public Incitement to
17 Commit Genocide, a crime punishable under
18 Article 2(3)(c) of this Statute.
19
20 The mens rea required for this crime lies
21 in the intent to directly prompt or
22 provoke another to commit genocide.
23
24 Now, at the time that the Genocide
25 Convention was adopted, the delegates
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 4
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1 agreed to expressly spell out Direct and
2 Public Incitement to Commit Genocide as a
3 specific crime, in particular, because of
4 its critical role in the planning of a
5 genocide.
6
7 In this regard, the delegate from the USSR
8 stated that "it was impossible that
9 hundreds of thousands of people should
10 commit so many crimes unless they had been
11 incited to do so, and unless the crimes
12 had been premeditated and carefully
13 organized." He asked, "how, in those
14 circumstances, the inciters and organizers
15 of the crime could be allowed to escape
16 punishment when they were the ones really
17 responsible for the atrocities committed".
18
19 The Rwandan Penal Code provides that
20 Direct and Public Incitement or
21 Provocation is a form of complicity and
22 that an "accomplice" shall mean a person
23 who, through speeches, shouting or threats
24 uttered in public places, or through the
25 dissemination of printed matter in public
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 5
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1 places, directly incites perpetrators to
2 commit such action.
3
4 And the public element of incitement to
5 commit genocide, in light of the two
6 factors is: The place where the
7 incitement occurred and whether or not
8 assistance was selective or limited.
9
10 According to the International Law
11 Commission, Public Incitement is
12 characterized by a call for criminal
13 action to a number of individuals in a
14 public place or to members of the general
15 public at large by such means as the radio
16 or television.
17
18 In the instant case, your acts constitute
19 Public Incitement, in that, you broadcast
20 messages on the public media forum to
21 members of the general public.
22
23 Under Count 2, you are charged for Crimes
24 Against Humanity (Persecution).
25
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 6
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1 The Trial Chamber has examined legal
2 precedent related to the crime of
3 persecution, including the Judgment of
4 Julius Streicher in the Neuremberg Trials.
5 And here, the Neuremberg Tribunal held
6 that the publisher of a private
7 anti-semitic weekly newspaper called the
8 Der Sturmer, incited the German population
9 to actively persecute the Jewish people.
10 And the Tribunal found that Streicher's
11 incitement to murder and extermination at
12 the time when Jews in the East were being
13 killed under the most horrible conditions,
14 clearly constitutes persecution on
15 political and racial grounds. And so the
16 Streicher Judgment is particularly
17 relevant to the present case, since you,
18 like Streicher, infected people's minds
19 with ethnic hatred.
20
21 Now the mens rea for Crimes Against
22 Humanity (Persecution), is the intent to
23 commit the underlying offence, combined
24 with knowledge of the broader context in
25 which that offence occurs. Part of what
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 7
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1 transforms an individual's acts into a
2 Crime Against Humanity is the inclusion of
3 the act within a greater dimension of
4 criminal conduct involving widespread or
5 systematic attack on a civilian
6 population.
7
8 The Trial Chamber considers that when
9 examining the acts of persecution, which
10 have been admitted by you, it is possible
11 to discern a common element. Those acts
12 committed by you were direct and public
13 radio broadcasts, all aimed at singling
14 out and attacking the Tutsi ethnic group
15 and Belgians, on discriminatory grounds,
16 by depriving them of the fundamental
17 rights to life, liberty and basic
18 humanity.
19
20 There is no material disagreement between
21 Prosecution and Defence Counsel and you,
22 about the facts in support of the two
23 Counts of the indictment. The Chamber,
24 therefore concludes, that the guilty plea
25 that you tendered is based on sufficient
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 8
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1 facts, firstly, for the crimes charged and
2 secondly, for your participation.
3
4 Accordingly, Mr. Ruggiu, the Court finds
5 you guilty of the crime of Direct and
6 Public Incitement to Commit Genocide and
7 of Crime Against Humanity (Persecution).
8
9 I will now review the principles that the
10 Chamber considered in assessing the
11 penalty that should be meted out to you.
12
13 The only penalty the Tribunal can impose
14 on an accused who pleads guilty or is
15 convicted, is a prison term of
16 imprisonment. The Statute provides for
17 maximum penalty of life imprisonment.
18
19 The Trial Chamber has considered all
20 relevant information submitted by the
21 Prosecutor and by your Counsel, on your
22 behalf. A review of your Plea Agreement
23 reveals that you have made the following
24 admissions about your personal background:
25
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 9
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1 You admitted that you were a social worker
2 who worked for the Belgian Social Security
3 Administration. On a voluntary basis, you
4 assisted people in need. Your interest in
5 Rwandan politics developed progressively
6 and from about the middle of 1992, you
7 established contacts with the Rwandan
8 nationals living in Belgium, including
9 students, political figures, diplomats and
10 government officials.
11
12 You were one of the founders and an active
13 member of the "Groupe de reflexion
14 rwando-belge", which published several
15 articles about the Arusha Accords and the
16 Rwandan political situation.
17
18 You progressively became one of the key
19 players in the Rwandan community in
20 Belgium and participated in major
21 political debates. In early 1993, you
22 became radically opposed to the Rwandan
23 Patriotic Front, the RPF, and more
24 supportive of the political regime in
25 Rwanda. In May 1993, you met President
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 10
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1 Habyarimana of Rwanda, several times. At
2 one such meeting, the President solicited
3 your opinion about means of improving the
4 image of Rwanda and his regime.
5
6 In November 1993, you left Belgium to
7 settle in Rwanda to start a family and
8 work for the National Revolutionary
9 Movement for Development, the MRND. Your
10 employment at the Radio Television Libre
11 de Mille Collines, the RTLM, was
12 facilitated by President Habyarimana who
13 used his influence with Ferdinand
14 Nahimana, the director of RTLM, which was
15 the government radio station.
16
17 And while in Rwanda, between 6th January,
18 1994 to 14 July, 1994, you worked as a
19 journalist and broadcaster on RTLM Radio.
20
21 We shall now review some of the admissions
22 you made with regard to your role during
23 the events in Rwanda.
24
25 In the Plea Agreement, you assumed full
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 11
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1 responsibility for all the relevant acts
2 alleged in the two Counts of the
3 Indictment.
4
5 In particular: You admit that you were a
6 journalistic broadcaster for RTLM; you
7 admit that all broadcasts were directed
8 towards rallying the population against
9 the enemy, the RPF, and those who were
10 considered to be allies of the RPF,
11 regardless of their ethnic background;
12 you admit that RTLM broadcasts generally
13 referred to those considered to be RPF
14 allies as RPF "accomplices". The meaning
15 of this term gradually expanded to include
16 the civilian Tutsi population and Hutu
17 politicians opposed to the Interim
18 Government.
19
20 You acknowledge that the widespread use of
21 the term Inyenzi on the radio station,
22 conferred the de facto meaning of "persons
23 to be killed". Within the context of the
24 civil war in 1994, the term Inyenzi became
25 synonymous with Tutsi. You acknowledged
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 12
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1 that the word Inyenzi, as used in a
2 socio-political context, came to designate
3 the Tutsis as "persons to be killed".
4
5 You admit that as part of the move to
6 appeal for or encourage "civil defence",
7 you made a public broadcast to the
8 population on several occasions "to go to
9 work". With time, this expression "go to
10 work" came to clearly signify "go fight
11 against members of the RPF and their
12 accomplices." With the passage of time,
13 the expression "go to work" came to mean
14 "go kill the Tutsis and Hutu political
15 opponents of the Interim Government".
16
17 In respect of your broadcasts over RTLM
18 Radio, you admit the following:
19
20 You congratulated the valiant combatants
21 who were engaged in a battle against the
22 Inyenzi at Nyamirambo, including
23 civilians, Interahamwe militiamen, members
24 of political parties and military
25 combatants.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 13
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1
2 You said they were having a good time
3 killing the Inyenzi and the population was
4 determined to fight and chase the
5 Inyenzi-Inkotanyi out of the country.
6 You further called on the youth to work
7 with the army.
8
9 You called on the civilian population and
10 members of the civil society to remain
11 vigilant, and you called on them to
12 identify Inyenzi-Inkotanyi infiltrators.
13
14 You said that the population should be
15 mobilized and the youth should work
16 throughout the Country with the Army and
17 the Government.
18
19 You also admit that you made the following
20 statements during some of your broadcasts
21 on the RTLM Radio Station. And I am
22 quoting what you said on the radio:
23
24 "Belgian missiles shot down the
25 President's plane;
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 14
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1
2 Belgium is responsible for the oppression
3 of the Hutus by the Tutsis;
4
5 Belgium is supporting the RPF;
6
7 Measures should be taken against Belgium
8 for assassinating President Habyarimana;
9
10 Belgians are neocolonialists and should
11 leave Rwanda;
12
13 No co-operation should be extended to
14 Belgium;
15
16 Belgium should apologize and make
17 reparations for the deaths of President
18 Habyarimana for its assistance to the RPF
19 and for all damages."
20
21 You stated that:
22
23 "The president's plane was shot down in
24 Masaka, the security zone controlled by
25 UNAMIR Belgian soldiers."
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 15
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1
2 You said:
3
4 "UNAMIR is collaborating with RPF and
5 General Dallaire, the UNAMIR/United
6 Nations Force Commander, is the advisor
7 for RPF and that Dallaire must choose
8 either to do his work or to leave."
9
10 You also said:
11
12 "It is absolutely necessary for the
13 Rwandan Government to order Belgians and
14 particularly Belgians in UNAMIR to leave."
15
16 And that:
17
18 "Belgian blackmail of Rwanda should stop."
19
20 Mr. Ruggiu, you admit that you broadcast
21 these discriminatory and threatening
22 remarks over the radio against the
23 political stance adopted by the Belgian
24 Government in Rwanda and the behaviour of
25 UNAMIR, especially the Belgian contingent.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 16
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1
2 You admitted waging a media war against
3 the Belgians over the RTLM Radio to attack
4 the international policy adopted by the
5 Belgian Government towards Rwanda.
6
7 You acknowledge that RTLM broadcasts
8 reflected the political ideology and plan
9 of extremists Hutus, particularly members
10 of MRND and the CDR.
11
12 You admit that RTLM broadcasts incited
13 young Rwandans, Interahamwe militiamen and
14 soldiers to engage in armed conflict
15 against the enemy and its accomplices and
16 to kill and inflict serious bodily and
17 mental harm on Tutsis and moderate Hutus.
18
19 And you admit that RTLM broadcasters,
20 managerial and editorial staff bear full
21 responsibility for the 1994 massacre of
22 Tutsis and Hutu opposition party members.
23
24 You admit that you were fully aware of
25 mass persecutions of the civilian
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 17
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1 population and the Belgian contingent on
2 political or ethnic grounds.
3
4 You also acknowledged, Mr. Ruggiu, that
5 during a tour of Kigali in mid April,
6 1994, you became aware of a plan to
7 destroy the Tutsis as an ethnic group.
8 Furthermore, during the hearing, at a
9 question from the Bench as to why you
10 wished to change your plea from "not
11 guilty" to "guilty", you answered: "I
12 realized that some persons in Rwanda had
13 been killed during the events of 1994 and
14 that I was responsible and guilty of those
15 facts; that there was a direct link with
16 what I had said and their deaths, and
17 under these circumstances, I believe that
18 I have no other choice than to plead
19 guilty."
20
21 These are the admissions that you have
22 made. I now proceed to consider factors
23 which count as aggravating and mitigating
24 circumstances.
25
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 18
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1 The Chamber considers the following as
2 aggravating factors:
3
4 One, the gravity of the offences of which
5 you have been convicted. The seriousness
6 of the crimes and the extent of the
7 involvement in their commission are
8 factors to be considered in assessing
9 aggravating circumstances.
10
11 Genocide and Crimes Against Humanity are
12 inherently aggravating offences because
13 they are heinous in nature and shock the
14 collective conscience of mankind.
15
16 The crimes committed by you, fall into the
17 most serious categories of the Rwandan
18 Penal Code with penalties of life
19 imprisonment.
20
21 With regard to your role in the commission
22 of these offences, we note that the media,
23 particularly, RTLM Radio was a key tool
24 used by extremists within the political
25 parties to mobilize and incite the
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 19
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1 population to commit the massacres.
2 RTLM had a large audience in Rwanda and
3 became an effective propaganda instrument,
4 and you played a crucial role in the
5 incitement of ethnic hatred and violence
6 which the RTLM Radio vigorously pursued.
7 Your broadcasts incited massacres of the
8 Tutsi population.
9
10 The other aggravating factor is that:
11 Following your tour of Kigali City after
12 12th April 1994, which was organized by
13 the Armed Force of Rwanda, you became
14 aware that the broadcasts from RTLM Radion
15 Station were contributing to the massacres
16 perpetrated against the Tutsis. Yet you
17 made a deliberate choice to remain in
18 Rwanda and to continue your employment
19 with the RTLM and your broadcasts.
20
21 I will now proceed to examine the factors
22 which the Chamber looked at as mitigating
23 circumstances.
24
25 Firstly, with regard to the guilty plea
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 20
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1 entered by you, you have spared the
2 Tribunal a lengthy investigation and
3 trial, thus economizing time, effort and
4 resources.
5
6 We note that your plea reflects a genuine
7 awareness of your guilt, especially since
8 you changed your plea after much
9 reflection. Indeed, you revealed a desire
10 to assume responsibility for your acts.
11 You were fully aware of the real and
12 direct threats to your personal safety
13 that a change of plea would cause you.
14 As a result of your change of plea, you
15 had to be separated from other detainees
16 within the Detention Facility.
17
18 We have noted the striking significance of
19 your plea of guilty in that you
20 acknowledge your mistakes and an
21 acknowledgment of mistakes is a healthy
22 application of reason which illustrates
23 the beginning of repentance. And this
24 Chamber is of the view that some form of
25 consideration should be shown towards
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 21
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1 those who have confessed their guilt in
2 order to encourage other suspects and
3 perpetrators of crimes to come forward.
4
5 In the Tribunal's view, it is important to
6 encourage all those involved in crimes
7 committed in Rwanda, in 1994, to confess
8 and admit their guilt.
9
10 The other factor is your cooperation with
11 the Prosecutor. The Chamber duly notes
12 the cooperation that you have given the
13 Office of the Prosecutor. Your
14 cooperation has been substantial and there
15 is reason to believe that such cooperation
16 will continue after sentencing.
17
18 You have no previous criminal record.
19 Until you committed the acts to which you
20 have pleaded guilty, you have always
21 conducted yourself as an honest and
22 respectable citizen.
23
24 These facts which I have outlined
25 constitute mitigating circumstances which
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 22
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1 the Chamber has duly considered.
2
3 With regard to your character, this
4 Chamber has directed its attention to your
5 evidence as to your character. There are
6 indications that you are strongly
7 influenced by individuals who are able to
8 take undue advantage of you and to involve
9 you in a situation in which you committed
10 the crimes for which you have been
11 convicted.
12
13 You are a European with a moderate level
14 of education and you have said that you
15 have been inspired by a sense of justice.
16 You also appear to us to have been an
17 idealist, though you also appear to have
18 been immature and impulsive.
19
20 The Prosecution's investigations and
21 questions have further confirmed that in
22 addition to your professional activities,
23 you were involved in working in your
24 neighbourhood branch of the Red Cross in
25 Belgium. And that, you provided
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 23
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1 assistance to foreigners, the
2 underprivileged and illiterates in your
3 area. It was in the course of providing
4 such assistance, spontaneously and
5 voluntarily, to young Rwandan students,
6 that you came into contact with Rwandans
7 for the first time.
8
9 We take note that you have been exposed to
10 a biased and subjective account of the
11 socio-political situation in Rwanda and
12 that you were not sufficiently
13 knowledgeable to be able to make informed
14 assessments of the situation in Rwanda.
15
16 And we take note of these factors as
17 having substantially contributed to your
18 becoming involved in the events in Rwanda.
19
20 There were two character witnesses whose
21 evidence we have considered. Witness AB
22 told us that she knew you from October
23 1992 to December 1993 in Belgium. She
24 stressed the fact that you had a strong
25 personality, that you were intelligent and
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 24
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1 were of good character. According to the
2 Witness, you could have been manipulated
3 and misled because of your infatuation
4 with Africa. And she confirmed that your
5 reasons for settling in Rwanda was
6 sentimental, not political.
7
8 We also considered the written testimony
9 of your second witness, BC. This witness
10 stated that you were enlisted by
11 extremists whom you met in Belgium and who
12 came from the same region as the President
13 of Rwanda, and that you became interested
14 in Rwandan politics because of your
15 idealism.
16
17 The Chamber finds both these witnesses to
18 be credible and accepts that you were a
19 person of good character, imbued with
20 ideals, before you became involved in the
21 events in Rwanda.
22
23 So on the basis of the information as to
24 your character, the Chamber considers that
25 there is cause to believe that you have
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 25
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1 undergone a profound change, and that
2 there are good reasons to expect your
3 re-integration into society.
4
5 You expressed regret and remorse under
6 questioning in this Chamber; on several
7 occasions, you spoke of feeling an
8 overwhelming and enduring sense of regret
9 and remorse. You said that and I quote:
10 "In Rwanda, I lost everything, including
11 my honour."
12
13 We take note that there has been a
14 significant change in your attitude
15 towards victims of the Rwandan genocide
16 and victims of the Crimes Against Humanity
17 committed against Tutsis and Belgian
18 nationals. We take note that you have
19 expressed a profound sense of guilt and
20 responsibility for the fate of these
21 victims.
22
23 On several occasions, you have expressed
24 the hope that your guilty plea will
25 somehow alleviate, however slightly, the
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 26
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1 suffering of the victims and their
2 families. And that you wish to do all in
3 your power to expose the terrible truth
4 underlying the crimes committed in Rwanda.
5
6 You have told us of the assistance that
7 you have rendered to victims in Rwanda.
8 On a few occasions, you transported Tutsi
9 children in your Jeep, hidden under
10 blankets, to a mission so that they could
11 be cared for and protected. And you also
12 provided food to a group of farmers and
13 refugees in Kigali, including Tutsis.
14
15 Another factor that we have considered is
16 your position in Rwandan political life
17 and on RTLM.
18
19 You did not hold an official position of
20 authority in Rwanda. Nor did you hold a
21 senior position within RTLM. You
22 exercised no influence over the content or
23 the selection of the programs that you
24 broadcast. You were a subordinate, with
25 no decision-making or autonomous powers,
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 27
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1 unlike another accused who was sentenced
2 by this Tribunal, and that is John
3 Kambanda. As Prime Minister of the
4 Interim Government in Rwanda, Kambanda
5 exercised decisive power to influence
6 events. And the Tribunal held that his
7 position as Prime Minister constituted an
8 aggravating factor and sentenced Kambanda
9 to life imprisonment.
10
11 This Chamber takes note of this absence of
12 authority as a factor in your favour.
13
14 There is also no evidence of any personal
15 participation in the killings by you.
16 You did not personally commit any acts of
17 violence. You did not strike a blow or
18 fire a shot. In the case of the
19 Prosecutor versus Omar Serushago, this
20 Tribunal, in imposing a penalty of 15
21 (fifteen) years imprisonment, considered
22 as aggravating circumstances the fact that
23 he killed Tutsi and ordered the killing of
24 several others who were killed as a result
25 of his order.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 28
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1
2 Having weighed all the circumstances of
3 the case, the Trial Chamber is of the
4 opinion that circumstances applying to you
5 operate as mitigatory factors to warrant
6 some clemency.
7
8 We make clear that mitigation of
9 punishment in no way reduces the gravity
10 of the crimes or the guilty verdict
11 against a convicted person. We have had
12 reference to the law of Rwanda on
13 sentences and Rwanda has incorporated
14 Crimes Against Humanity or Genocide in
15 their domestic legislation and has
16 envisaged the more severe penalty for
17 these crimes, including life imprisonment
18 and death penalty.
19
20 In terms of the Rwandan law, we note that
21 a confession or plea of guilty after
22 Prosecution merits a sentence between 12
23 (twelve) to 15 (fifteen) years. Your
24 Counsel have not proposed any sentences to
25 the Chamber. However, the Prosecutor has
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 29
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1 asked for a single concurrent sentence of
2 20 (twenty) years for each of the two
3 Counts. I now proceed to deliver the
4 verdict.
5
6 Noting the plea of guilty that you made on
7 15th May, 2000, the Trial Chamber found
8 one, that from 6th January, 1994 to 14th
9 July, 1994, in your capacity as a
10 journalist and broadcaster, you made
11 broadcasts over RTLM. These broadcasts
12 were made in French. However, certain
13 terms in Kinyarwanda were also utilized,
14 which had a particular meaning in the
15 socio-cultural context of the time.
16
17 Secondly, through your broadcasts, you
18 incited to kill and cause serious bodily
19 and mental harm to Tutsis, and that you
20 persecuted Tutsis, certain Hutus and
21 Belgians.
22
23 So these are the allegations in the
24 indictment in support of Count 1, Direct
25 and Public Incitement to Commit Genocide.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 30
RUGGIU 1 JUNE 2000
1
2 Count 2, a Crime Against Humanity
3 (Persecution):
4
5 I am now about to deliver your sentence so
6 I ask you to please rise, Mr. Ruggiu.
7
8 In punishment of the above mentioned
9 crimes, this Chamber sentences you, George
10 Ruggiu, born on 12th October 1957 in
11 Verviers, Province of Lieges, Belgium, to
12 Count 1, Direct and Public Incitement to
13 Commit Genocide, a term of 12 (twelve)
14 years' imprisonment.
15
16 And on Count 2, Crime Against Humanity,
17 (Persecution), a term of 12 years'
18 imprisonment.
19
20 The Chamber decides that you shall serve
21 these two sentences concurrently. We rule
22 that imprisonment shall be served in a
23 state designated by the President of the
24 Tribunal in consultation with the Trial
25 Chamber and the said designation shall be
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 31
RUGGIU 1 JUNE 2000
1 conveyed to the Government of Rwanda and
2 the designated State.
3
4 We rule that this judgment shall be
5 enforced immediately and that until your
6 transfer to the said place of
7 imprisonment, you shall be kept in
8 detention under the present conditions.
9
10 The Chamber rules that the period of time
11 that you have been detained in custody
12 shall be deducted from your sentence. In
13 terms of Rule 101(D) of the Rules of
14 Procedure and Evidence, the Trial Chamber
15 is required to give credit to the
16 convicted person for the period during
17 which he was detained in custody pending
18 his surrender to the Tribunal or pending
19 trial or appeal.
20
21 In your case, you were arrested on 23rd
22 July, 1997. The relevant period of time
23 that you have spent in custody will
24 therefore be calculated from this date,
25 23rd July, 1997.
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 32
RUGGIU 1 JUNE 2000
1
2 This is the Judgment of Trial Chamber 1,
3 delivered at Arusha, on the 1st June, 2000
4 and represents the unanimous decision of
5 Judges Pillay, Erik Møse and Judge Pavel
6 Dolenc.
7
8 This brings us to the end of our
9 proceedings and I ask security to escort
10 Mr. Ruggiu back to his seat.
11
12 I wish to inform all parties concerned
13 that the Chamber has prepared a full
14 written judgment and it is just being
15 finalized and we expect the English
16 version to be available in the early
17 afternoon and the French version a few
18 hours thereafter.
19
20 So this then brings us to the close of our
21 proceedings. The Court is adjourned.
22
23 (PROCEEDINGS CONCLUDED)
24
25 1100H
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 33
RUGGIU 1 JUNE 2000
1
2 C E R T I F I C A T E
3
4 I, Noorjahan Pirani-Hirji,
5 Official Court Reporter for the
6 International Criminal Tribunal for
7 Rwanda, do hereby certify that the
8 foregoing proceedings in the
9 above-entitled cause were taken at the
10 time and place as stated; that it was
11 taken in shorthand (stenotype) and
12 thereafter transcribed by computer by
13 myself and under my sole control; that
14 the foregoing pages contain a true and
15 correct transcription of said proceedings
16 to the best of my ability and
17 understanding.
18 I further certify that I
19 am not of counsel nor related to any of
20 the parties to this cause and that I am
21 in nowise interested in the result of
22 said cause.
23
24 ______(pgs.1 to 34) 25 Noorjahan Pirani-Hirji
Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 34
RUGGIU 1 JUNE 2000
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Noorjahan Pirani-Hirji - OFFICIAL REPORTER ICTR - CHAMBER I 35