Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
469. Defence Witnesses Mutume, Sibomana, KG45 and Tugirumukiza testified that they saw that
Kanyarukiga’s pharmacy was closed on 15 April 1994. 1298 Each of these witnesses testified that
they knew who Kanyarukiga was. 1299 The Chamber notes that two of these witnesses were young
and lived close to Kanyarukiga in April 1994, but aside from this fact, the Chamber sees no reason
to discount the evidence of Witnesses Mutume, Sibomana, and Tugirumukiza with regard to the
closure of Kanyarukiga’s pharmacy. The Chamber note, however, it has found that Witness KG45
not credible in its discussion of alibi. 1300
470. Thus, given Witnesses CDK and CNJ’s evidence is uncorroborated and also partially
contradicted by the Defence evidence, the Chamber finds that it has not been established beyond
reasonable doubt that wounded assailants were treated at Kanyarukiga’s pharmacy.
471. Witness CDK provided evidence that he heard the Accused say to the attackers at Nyange
Church on 15 April 1994 that they had to fight the inyenzi, which the witness testified was a
reference to the Tutsi in the church. 1301 Witness CDK also gave evidence that Kanyarukiga
approached the witness and those he was with and asked them to prepare and collect stones so they
would be able to fight the Tutsi who had also gathered stones to attack. 1302 The Chamber notes that
Witness CDK also testified that during the day of 15 April 1994, he saw the Accused moving
amongst the members of the population “giving them instructions” and in the company of
Kayishema and Ndahimana. 1303 These pieces of evidence are not corroborated by any other witness.
The Chamber recalls that Witness CDK is one of the five Prosecution witnesses who were
incarcerated together, the credibility of whom the Chamber has considered earlier in its
deliberations. Given the Chamber has found that it cannot rely on this witness without corroboration
from other credible evidence, the Chamber does not find it established, beyond reasonable doubt
that Kanyarukiga said to the attackers that they had to fight the inyenzi or that Kanyarukiga was
giving instructions to the attackers.
472. Witness CBR testified that Kanyarukiga was with Ndahimana when Ndahimana stated that
the attackers were to “start working” and “begin work”, which was understood to mean “kill the
Tutsi”. 1304 The Chamber notes its discussion of this witness and his credibility in paragraphs 591 to
595. Given the Chamber’s view that Witness CBR is generally credible, it finds it established that
Kanyarukiga was with Ndahimana when he asked the attackers to “start working” or “begin work”.
473. Witness CDK recounted that he saw Kanyarukiga speaking to Rukara prior to the grenade
being thrown. After this discussion, a ladder was found and Rukara used this ladder to climb on top
of Kanyarukiga’s pharmacy and subsequently Rukara threw a grenade, which resulted in Tutsi
“losses”. 1305 The Chamber recalls that Witness CDK was an accomplice to the attacks on
15 April 1994 and has therefore treated his evidence with caution. The Chamber further notes that
there is no direct corroboration of Witness CDK’s testimony. While Witness CNJ provided some
support for Witness CDK’s evidence when he testified that he saw Kanyarukiga at the Statue of the
1298 Witness Mutume, T. 27 January 2010, p. 31; Witness Sibomana, T. 1 February 2010, p. 30; Witness Tugirumukiza,
T. 1 February 2010, p. 57. Witness KG45 testified to Kanyarukiga’s pharmacy being closed from 14 April to 21 or 22
April 1994. T. 21 January 2010, pp. 60-62, 70, 71 (CS).
1299 Witness Mutume testified that he lived near Kanyarukiga in Gaseke cellule in Ngobagoba secteur and has known
Kanyarukiga since he was young. T. 27 January 2010, p. 27. Witness Sibomana testified that he has known
Kanyarukiga since he was young. T. 1 February 2010, p. 26. Witness Tugirumukiza also testified that he has known
Kanyarukiga since the witness was young. T. 1 February 2010, p. 52.
1300 See discussion at paragraphs 126 to 129.
1301 T. 16 September 2009, p. 7.
1302 T. 16 September 2009, p. 6.
1303 T. 16 September 2009, pp. 6, 7-8.
1304 T. 9 September 2009, pp. 18-19, 22-23.
1305 T. 16 September 2009, p. 6.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 113