Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
440. Almost all Prosecution witnesses testify that they saw Fulgence Kayishema, Grégoire
Ndahimana, Télesphore Ndungutse or Athanase Seromba (or all of them) prior to or during the
attacks on the morning of 15 April. Witnesses CBS, CBR, CBT, CBK, CDL, YAU and CDK place
at least one of Kayishema, Ndungutse or Ndahimana at Nyange Church prior to the attacks on the
morning of 15 April. 1225 Each of Witnesses CBK, CBT, CDK and YAU are regarded with caution
by the Chamber, particularly without corroboration. In that regard, the Chamber notes that
Witnesses CBY, CBS and CBR consistently place all three of these people at the Nyange Church at
some point prior to the attacks. These three witnesses, as discussed elsewhere in these deliberations,
are regarded as credible by the Chamber. 1226 Further, Witnesses CNJ and CBR place at least one of
Rushema, Kayishema, Ndahimana or Ndungutse around the Statue of the Virgin Mary prior to or
during the attacks on the morning of 15 April. 1227 Accordingly, the Chamber finds it established that
Fulgence Kayishema, Grégoire Ndahimana and Télesphore Ndungutse were at the Nyange Church
and surrounds (including the Statue of the Virgin Mary) prior to the attacks on the morning of 15
April.
441. The Chamber notes that Witnesses CBT, CDK and CBR attest to being called to Nyange
Church on 15 April 1994 by IPJ Kayishema, who was using a public address system or loudspeaker
to call the members of the public to defend the Nyange Parish compound because it was being
attacked by inyenzi. 1228 Witness CBS provides circumstantial evidence when he testified that a
vehicle was being used to transport assailants. 1229 The Defence does not address this evidence. The
Chamber recalls that both Witnesses CBT and CDK were accomplices to the attacks on Nyange
Parish and therefore treats them with appropriate caution. The Chamber regards Witness CBR’s
evidence as generally credible. Similarly, the Chamber regards the circumstantial support provided
by Witness CBS as also credible. The Chamber therefore regards Witness CBR’s corroboration of
Witnesses CBT and CDK, in addition to Witness CBS’s evidence, as sufficient to establish that
Kayishema encouraged the Hutu population to attend the Nyange Church on 15 April 1994.
442. Witness CNJ stated that Ndahimana, Kayishema, Ndungutse, Habiyambere and Kiragi
welcomed the assailants when the witness arrived at the Nyange Trading Centre, and Ndahimana
requested that they cover their bodies with banana leaves so as to distinguish themselves from the
Tutsi taking refuge in the church. 1230 Witness CNJ is a single accomplice witness who the Chamber
1225 Witness CBK placed Ndahimana, Kayishema, Rushema, Mbakirirehe and Kanyarukiga at a meeting at the
presbytery around midday on 15 April, which was followed by grenades being thrown. T. 3 September 2009, pp. 8-9,
18. Witness CBS placed Kayishema, Ndahimana and Kanyarukiga at the Nyange Parish and/or the Nyange Trading
Centre during the attacks. T. 16 September 2009, pp. 56, 57. Witness CBR recounted that Ndahimana, Kayishema,
Habiyambere, Ndungutse, Kanyarukiga and others moved from the Statue of the Virgin Mary to the Nyange Parish
Presbytery on the morning of 15 April 1994. T. 9 September 2009, pp. 17-18. Witness CDL saw Seromba at the
Nyange Parish on the morning of 15 April. T. 10 September 2009, p. 33. Witness YAU saw Seromba, Kayishema,
Ndahimana and Kanyarukiga at the church prior to the morning attack with grenades. T. 15 September 2009, pp. 18, 19.
Witness CBT lists Kayishema, Ndungutse, Habiyambere and Kanyarukiga as authorities who were present during the
killings. T. 14 September 2009, pp. 39-40.
1226 See paragraphs 455-458, 591-593.
1227 Witness CNJ testified that when he arrived outside Kanyarukiga’s pharmacy (between 11.00 a.m. and 1.00 p.m.)
Ndahimana, Kayishema, Ndungutse and Habiyambere were also around that area. T. 7 September 2009, pp. 12, 13.
This witness also noted that Kanyarukiga was standing with Ndahimana before the morning attacks and that Kayishema
was present throughout the attacks. T. 7 September 2009, pp. 13, 16-17. Witness CBR testified that when he arrived at
the Statue of the Virgin Mary between 9.00 and 10.00 a.m. he saw Ndahimana, Kayishema, Habiyambere and
Ndungutse around that area. T. 9 September 2009, p. 16.
1228 Witness CBT, T. 14 September 2009, pp. 38-39. Later in his testimony, Witness CBT testified that he was
instructed by leaders who included the communal conseillers, the judicial police inspectors, the assistant bourgmestre
and the communal police officers. T. 14 September 2009, p. 48. Witness CDK, T. 16 September 2009, p. 2; Witness
CBR, T. 9 September 2009, p. 16. See also T. 9 September 2009, pp. 6, 11.
1229 T. 17 September 2009, p. 13. The witness stated that the assailants were being “led by leaders”.
1230 T. 7 September 2009, pp. 11-12, 13.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 104