II ICTR YEARBOOK 1994-1996 International Criminal Tribunal for Rwanda TABLE OF CONTENTS I Clément Kayishema ICTR-95-1-T First amended indictment Confirmation of trial date and superseding indictment Warrant of arrest and order for surrender Obed Ruzindana Ryandikayo Vincent Rutaganire Charles Sikubwabo Ignace Bagilishema Mika Muhimana Aloys Ndimbati Clément Kayishema Order for continued detention awaiting trial Preliminary motion for the joinder of the accused Prosecutor's response to the preliminary motion brought forth by the Defense Decision on the preliminary motion filed by the Defense Decision on the Joinder of the accused and setting the date for trial Prosecutor's motion for protective measures for victims and witnesses Declaration of Ian Martin Decision on the motion for protective measures for victims and witnesses II Georges Anderson Nderubumwe Rutaganda ICTR-96-3-T Indictment Confirmation of the indictment Warrant of arrest Request for continued detention Request in extreme emergency introduced by the defense Prosecutor's response to the motion for provisional release 2 Decision on the request submitted by the Defence Decision on the Preliminary motion submitted by the prosecutor on the protection of witnesses III Jean-Paul Akayesu ICTR-96-4-T Indictment Confirmation of indictment Warrant of arrest and request for continued detention Order for continued detention awaiting trial Motion on behalf of the Prosecutor for the protection of witnesses Declaration by Ian Martin Declaration by Halvard Tomta Decision on the preliminary motion submitted by the Defense on the form of the indictment and the exclusion of evidence Decision on the replacement of an assigned Defence Counsel and on the postponement of trial Defence motion for an expedited in-camera hearing re- prosecutorial misconduct and other related matters Memorandum from the Defense saying the accused requests a new Counsel Decision on the request of the accused for the replacement of assigned Counsel IV Obed Ruzindana ICTR-96-10-T Indictment Confirmation of indictment Warrant of arrest, order for surrender Decision following the initial appearance Prosecutor's response to Defense's request for a hearing on discovery issues 3 V Elie Ndayambaje ICTR-96-8-I Indictment Confirmation of indictment Warrant of arrest, order for surrender Decision following the initial appearance Application by the Prosecutor for a formal request for deferral by the Kingdom of Belgium Decision by the Trial Chamber on the application by the Prosecutor for a formal request for deferral to the competence of the ICTR VI Anatole Nsengiyumva ICTR-96-12-I Indictment Confirmation of Indictment Affidavit by Luc Côté Order of provisional detention and of transfer Decision on the continued detention on remand of the accused VII Joseph Kanyabashi ICTR-96-15-I Indictment Confirmation of indictment Decision following the initial appearance Application by the Prosecutor for a formal request for deferral by the Kingdom of Belgium Decision by the Trial Chamber on the application by the Prosecutor for a formal request for deferral to the competence of the ICTR VIII Ferdinand Nahimana ICTR-96-11-I Indictment Confirmation of indictment 4 Warrant of arrest, order for surrender Order of provisional detention and of transfer Decision on the continued detention on remand of the accused IX Théoneste Bagosora ICTR-96-7-I Indictment Confirmation of indictment Warrant of arrest, order for surrender Application by the Prosecutor for a formal request for deferral by the Kingdom of Belgium Decision by the Trial Chamber on the application by the Prosecutor for a formal request for deferral to the competence of the ICTR Request from the Prosecutor for transfer and provisional detention Order of provisional detention and of transfer Request from the Prosecutor for an order for an extension of a provisional detention order and for a transfer order Affidavit by Luc Côté Affidavit by James Lyons Decision on the continued detention on remand of the accused X André Ntagerura ICTR-96-10-I Indictment Confirmation of indictment Warrant of arrest, order for surrender Request from the Prosecutor for the transfer and provisional detention of the accused Affidavit by Luc Côté Order of provisional detention and of transfer of the accused Request from the prosecutor for an order for an extension of provisional detention and for a transfer order Affidavit by Luc Côté Affidavit by Alphonse Breau Decision on the continued detention on remand of the accused 5 XI Gérard Ntakirutimana ICTR-96-17-I Indictment Confirmation of indictment Warrant of arrest, order for surrender addressed to the United States of America Warrant of arrest, order for surrender addressed to Côte d'Ivoire Motion for order of non-disclosure of indictments and supporting materials Decision following the initial appearance XII Alfred Musema ICTR-96-13-I Indictment Confirmation of indictment Application by the Prosecutor for a formal request for deferral by the Kingdom of Belgium in respect of Radio Télévision Libre des Mille Collines sarl Decision on the formal request for deferral presented by the Prosecutor XIII Eliezer Niyitegeka ICTR-96-14-I Indictment Confirmation of indictment XIV Ladislas Ntaganzwa ICTR-96-9-I Indictment Confirmation of indictment Warrant of arrest, order for surrender 6 Chapter Indictment Date of confirmation Case No. Pages I Clément Kayishema 28 November 1995 ICTR-95-1-T 8 Obed Ruzindana Amended on: 10 April 1997 II Georges Anderson 16 February 1996 ICTR-96-3-T 43 Rutaganda III Jean-Paul Akayesu 16 February 1996 ICTR-96-4-T 104 IV Obed Ruzindana 21 June 1996 ICTR-96-10-T 153 Elizaphan Ntakirutimana Gérard Ntakirutimana Charles Sikubwabo V Elie Ndayambaje 21 June 1996 ICTR-96-8-I 170 VI Anatole Nsengiyumva 12 July 1996 ICTR-96-12-I 191 VII Joseph Kanyabashi 15 July 1996 ICTR-96-15-I 214 VIII Ferdinand Nahimana 12 July 1996 ICTR-96-11-I 234 IX Théoneste Bagosora 10 August 1996 ICTR-96-7-I 255 X André Ntagerura 10 August 1996 ICTR-96-10-I 304 XI Gérard Ntakirutimana 7 September 1996 ICTR-96-17-I 337 Elizaphan Ntakirutimana XII Alfred Musema 15 July 1996 ICTR-96-13-I 353 XII Eliezer Niyitegeka 15 July 1996 ICTR-96-14-I 373 XIV Ladislas Ntaganzwa 21 June 1996 ICTR-96-9-I 379 7 I Clément Kayishema ICTR-95-1-T First amended indictment Confirmation of trial date and superseding indictment Warrant of arrest and order for surrender Obed Ruzindana Ryandikayo Vincent Rutaganire Charles Sikubwabo Ignace Bagilishema Mika Muhimana Aloys Ndimbati Clément Kayishema Order for continued detention awaiting trial Preliminary motion for the joinder of the accused Prosecutor's response to the preliminary motion brought forth by the Defence Decision on the preliminary motion filed by the Defence Decision on the Joinder of the accused and setting the date for trial Prosecutor's motion for protective measures for victims and witnesses Declaration of Ian Martin Decision on the motion for protective measures for victims and witnesses 8 INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA CASE NO: ICTR-95-1-I THE PROSECUTOR OF THE TRIBUNAL AGAINST CLEMENT KAYISHEMA OBED RUZINDANA FIRST AMENDED INDICTMENT Richard J. Goldstone, Prosecutor of the International Criminal Tribunal for Rwanda, pursuant to his authority under Article 17 of the Statute of the International Criminal Tribunal for Rwanda (Tribunal Statute), charges: 1. This indictment charges persons responsible for the following massacres which occurred in the Prefecture of Kibuye, Republic of Rwanda: 1.1. The massacre at the Catholic Church and the Home St. Jean complex in Kibuye town, where thousands of men, women and children were killed and numerous people injured on about 17 April 1994. 1.2. The massacre at the Stadium in Kibuye town, where thousands of men, women and children were killed and numerous people injured on about 18 and 19 April 1994. 1.3. The massacre at the Church in Mubuga, where thousands of men, women and children were killed and numerous people injured between about 14 and 17 April 1994. 1.4. The massacres in the area of Bisesero, where thousands of men, women and children were killed and numerous people injured between about 10 April and 30 June 1994 9 THE MASSACRE SITES 2. The Republic of Rwanda is devided into eleven Prefectures. These eleven Prefectures are further divided into communes. The Prefecture of Kibuye consists of nine communes. The massacres which form the basis of the charges in the indictment occurred in the Prefecture of Kibuye, in Gitesi, Gishyita and Gisovu communes. 3. The first massacre site addressed in this indictment, the Catholic Church and Home St. Jean complex, is located in Kibuye town, Gitesi Commune, on a piece of land which is surrounded on three sides by Lake Kivu. A road runs past the entrance to the Catholic Church and Home St. Jean complex. The Catholic Church is visible from the road. The Home St. Jean is behind the Church and is not visible from the road. 4. The second massacre site addressed in this indictment, the Stadium, is located near the main traffic circle in Kibuye town, Gitesi Commune. The town's main road runs past the Stadium. Immediately behind the stadium is a high hill. 5. The third massacre site addressed in this indictment, the Church of Mubuga, is located in Gishyita Commune. Gishyita Commune is located in the southern part of Kibuye Prefecture. The Church in Mubuga is located approximately 20 kilometers from Kibuye town. 6. The fourth massacre site addressed in this indictment is the area of Bisesero. The area of Bisesero extends through two communes in the Prefecture of Kibuye: Gishyita and Gisovu. Bisesero is an area of high rolling hills, located in the southern portion of Kibuye Prefecture. The hills are very large, and are often separated by deep valleys.