Tribunal Pénal International pour le Rwanda International Criminal Tribunal for Rwanda UNITED NATIONS NATIONS UNIES Or. : Eng. TRIAL CHAMBER I Before Judges: Navanethem Pillay, presiding Erik Møse Asoka de Zoysa Gunawardana Registrar: Adama Dieng Judgement of: 3 December 2003 THE PROSECUTOR V. FERDINAND NAHIMANA JEAN-BOSCO BARAYAGWIZA HASSAN NGEZE Case No. ICTR-99-52-T JUDGEMENT AND SENTENCE Counsel for the Prosecution Mr Stephen Rapp Ms Simone Monasebian Ms Charity Kagwi Mr William Egbe Mr Alphonse Van Counsel for Ferdinand Nahimana Jean-Marie Biju-Duval Diana Ellis, Q.C. Counsel for Jean-Bosco Barayagwiza Mr Giacomo Barletta-Caldarera Counsel for Hassan Ngeze Mr John Floyd III Mr René Martel Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze Case No. ICTR-99-52-T TABLE OF CONTENTS CHAPTER I: INTRODUCTION 1 1. International Criminal Tribunal for Rwanda 1 2. The Accused 1 3. The Indictments 2 4. Procedural History 3 5. Evidentiary Matters 25 6. Temporal Jurisdiction 26 CHAPTER II: HISTORY OF RWANDA 29 CHAPTER III: FACTUAL FINDINGS 36 1. Violence in Rwanda in 1994 36 2. Kangura 39 2.1 Ownership and Control of Kangura 39 2.2 Content of Kangura 45 2.2.1 The Ten Commandments 45 2.2.2 Cover of Kangura No. 26 53 2.2.3 Editorials and Articles 58 2.2.4 Publication of Lists 63 2.2.5 Cartoons 68 2.2.6 1994 Issues of Kangura 70 2.3 The 1994 Kangura Competition 80 3. CDR 83 3.1 Creation and Party Leadership 83 3.2 CDR Policy 92 3.3 CDR Practice 100 4. RTLM 117 4.1 RTLM Broadcasts 117 4.1.1 Before 6 April 1994 118 4.1.2 After 6 April 1994 133 Judgement and Sentence (i) 3 December 2003 Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze Case No. ICTR-99-52-T 4.2 Ownership and Control of RTLM 166 4.3 Notice of Violations 194 5. Ferdinand Nahimana 211 5.1 Meetings of 29 March and 12 April 1994 211 5.2 Rwanda: Current Problems and Solutions 214 5.3 Events in Bugesera 225 5.4 Evaluation of Nahimana’s Testimony 233 6. Jean-Bosco Barayagwiza 235 6.1 Meetings, Demonstrations and Roadblocks 235 6.2 Distribution of Weapons 245 6.3 Killings and the Death Squad 249 6.4 Le Sang Hutu est-il Rouge? 251 7. Hassan Ngeze 253 7.1 Radio Interviews on Radio Rwanda and RTLM 253 7.2 Killing of Modeste Tabaro 257 7.3 Distribution of Weapons, Demonstrations, Roadblocks and 265 Killings in Gisenyi and at the Commune Rouge 7.4 Saving Tutsi 285 7.5 Ibuka 289 7.6 Evaluation of Ngeze’s Testimony 295 8. Interactions Among the Accused 297 8.1 Personal Meetings and Public Presentations 297 8.2 1993 MRND Meeting 300 8.3 Meetings at Hotel des Milles Collines and Hotel Diplomat 306 8.4 Kangura and CDR 307 8.5 RTLM and Kangura 313 CHAPTER IV: LEGAL FINDINGS 317 1. Introduction 317 2. Genocide 317 3. Direct and Public Incitement to Commit Genocide 325 4. Conspiracy to Commit Genocide 345 Judgement and Sentence (ii) 3 December 2003 Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze Case No. ICTR-99-52-T 5. Complicity in Genocide 348 6. Crimes Against Humanity (Extermination) 348 7. Crimes Against Humanity (Persecution) 350 8. Crimes Against Humanity (Murder) – Hassan Ngeze 355 9. Cumulative Charges and Convictions 355 CHAPTER V: VERDICT 356 CHAPTER VI: SENTENCE 358 ANNEX I: INDICTMENTS ANNEX II: INDEX OF ABBREVIATIONS Judgement and Sentence (iii) 3 December 2003 Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze Case No. ICTR-99-52-T GLOSSARY Akazu “Little house”; used to refer to group of individuals close to President Habyarimana CDR Coalition pour la Défense de la République (Coalition for the Defence of the Republic) CRP Le Cercle des Républicains Progressistes (Circle of Progressive Republicans) Gukora To work; sometimes used to refer to killing Tutsi Gutsembatsemba “Kill them” in the imperative form Icyitso/Ibyitso Accomplice; RPF sympathizer/accomplice; sometimes used to refer to Tutsi Impuzamugambi “Those who have the same goal”; Name of youth wing of CDR Inkotanyi RPF soldier; sometimes used to refer to Tutsi Inkuba “Thunder”; Name of youth wing of MDR Interahamwe “Those who attack together”; Name of youth wing of MRND Inyenzi Cockroach; group of refugees set up in 1959 to overthrow the new regime; sympathizer of RPF; sometimes used to refer to Tutsi Kangura “Awaken” in the imperative form; Name of newspaper published in Kinyarwanda and French MDR Mouvement Démocratique Républicain (Democratic Republican Movement) MRND Mouvement Révolutionnaire National pour le Développement (National Revolutionary Movement for Development) PL Parti Libéral (Liberal Party) PSD Parti Social Démocrate (Social Democratic Party) RDR Rassemblement Républicain pour la Démocratie au Rwanda (Republican Assembly for the Democracy of Rwanda) RPF Rwandan Patriotic Front RTLM Radio Télévision Libre des Milles Collines Rubanda nyamwinshi Majority people, Hutu majority or the democratic majority of Rwanda Tubatsembatsembe “Let’s kill them” Judgement and Sentence (iv) 3 December 2003 Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze Case No. ICTR-99-52-T CHAPTER I INTRODUCTION 1. International Criminal Tribunal for Rwanda 1. This Judgement in the case of The Prosecutor v. Ferdinand Nahimana, Jean- Bosco Barayagwiza and Hassan Ngeze, Case No. ICTR-99-52-T, is rendered by Trial Chamber I (“the Chamber”) of the International Criminal Tribunal for Rwanda (“the Tribunal”), composed of Judges Navanethem Pillay, presiding, Erik Møse, and Asoka de Zoysa Gunawardana. 2. The Tribunal was established by United Nations Security Council Resolution 955 of 8 November 19941 after it had considered official United Nations reports which indicated that genocide and other systematic, widespread and flagrant violations of international humanitarian law had been committed in Rwanda.2 The Security Council determined that this situation constituted a threat to international peace and security, and was convinced that the prosecution of persons responsible for serious violations of international humanitarian law would contribute to the process of national reconciliation and to the restoration and maintenance of peace in Rwanda. Accordingly, the Security Council established the Tribunal, pursuant to Chapter VII of the United Nations Charter. 3. The Tribunal is governed by the Statute annexed to Security Council Resolution 955 (“the Statute”), and by the Rules of Procedure and Evidence adopted by the Judges on 5 July 1995 and subsequently amended (“the Rules”). 4. Pursuant to the provisions of the Statute, the Tribunal has the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994. Individual criminal responsibility, pursuant to Article 6, shall be established for acts falling within the Tribunal's material jurisdiction, as provided in Articles 2, 3, and 4. 2. The Accused 5. Ferdinand Nahimana was born on 15 June 1950, in Gatonde commune, Ruhengeri prefecture, Rwanda. From 1977, he was an assistant lecturer of history at the National University of Rwanda, and in 1978, he was elected to be Vice-Dean of the Faculty of Letters. In 1980, he was elected to be Dean of the faculty and remained in that position until 1981. From 1981 to 1982, he held the post of President of the Administrative 1 U.N. Doc. S/RES/955 (1994). 2 Preliminary Report of the Commission of Experts Established Pursuant to Security Council Resolution 935 (1994), Final Report of the Commission of Experts Established Pursuant to Security Council Resolution 935 (1994) (U.N. Doc. S/1994/1405) and Reports of the Special Rapporteur for Rwanda of the United Nations Commission on Human Rights (U.N. Doc. S/1994/1157, Annexes I and II). Judgement and Sentence 1 3 December 2003 Prosecutor v. Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngeze Case No. ICTR-99-52-T Committee of the Ruhengeri campus of the University. He was Assistant Secretary- General for the Ruhengeri campus of the University from 1983 to 1984. In 1990, he was appointed Director of ORINFOR (Rwandan Office of Information) and remained in that post until 1992. In 1992, Nahimana and others founded a comité d’initiative to set up the company known as Radio Télévision Libre des Mille Collines, S.A. He was a member of the party known as Mouvement Révolutionnaire National pour le Développement (MRND). 6. Jean-Bosco Barayagwiza was born in 1950 in Mutura commune, Gisenyi prefecture, Rwanda. A lawyer by training, he was a founding member of the Coalition pour la Défense de la République (CDR) party, which was formed in 1992. He was a member of the comité d'initiative, which organized the founding of the company Radio Télévision Libre des Mille Collines, S.A. During this time, he also held the post of Director of Political Affairs in the Ministry of Foreign Affairs. 7. Hassan Ngeze was born on 25 December 1957 in Rubavu commune, Gisenyi prefecture, Rwanda.3 From 1978, he worked as a journalist, and in 1990, he founded the newspaper Kangura and held the post of Editor-in-Chief. Prior to this, he was the distributor of the Kanguka newspaper in Gisenyi. He was a founding member of the Coalition pour la Défense de la République (CDR) party. 3. The Indictments 8. Ferdinand Nahimana is charged, pursuant to the Amended Indictment filed on 15 November 1999 (ICTR-96-11-I), with seven counts: conspiracy to commit genocide, genocide, direct and public incitement to commit genocide, complicity in genocide, and crimes against humanity (persecution, extermination and murder), pursuant to Articles 2 and 3 of the Statute.