RUGGIU 1 JUNE 2000

1

2

3

4 THE INTERNATIONAL CRIMINAL TRIBUNAL FOR

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, ,

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 , 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

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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

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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 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

RUGGIU 1 JUNE 2000

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

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

RUGGIU 1 JUNE 2000

1 that the word Inyenzi, as used in a

2 socio-political context, came to designate

3 the 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;

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1

2 Belgium is responsible for the oppression

3 of the 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

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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 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

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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

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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

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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

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

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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,

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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.

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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

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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