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Judgement and Sentence 1 November 2010 equipment was brought to demolish the church. 1393 The witness left the parish grounds at approximately 6.00 p.m., after the church was demolished. 1394 Prosecution Witness CNJ 512. Witness CNJ testified that most of the assailants who were at the parish on 15 April 1994 spent the night there, “but some, including myself, left the place and came back the next day.” 1395 Witness CNJ estimated that he arrived at the Nyange Church between 8.00 and 9.00 a.m. on 16 April 1994. 1396 Upon arriving, the witness “saw the same assailants, and the number of assailants was the same as the number I had seen the day before.” 1397 513. Witness CNJ also saw a bulldozer on the left side of the church near one of the doors, not far from the altar. 1398 The bulldozer was parked, but the driver was onboard ready to demolish the church. 1399 Kanyarukiga, Rushema, Théodomir Kiragi, IPJ Kayishema, Ndungutse and Habiyambere were having a conversation around the bulldozer. 1400 Witness CNJ testified that he was not far from where these officials were standing. 1401 “Most of the assailants were standing around the church[,] and it appeared that instructions had been given for them to do that.” 1402 514. According to Witness CNJ, Védaste Murangwabugabo suggested that a hole be bored through the wall of the church in order to give the assailants access to the Tutsi inside and to minimise any losses on the side of the assailants. 1403 The bourgmestre said that, “if some people could go inside, they could be killed by the Tutsis and our objective would not be obtained.” 1404 515. Witness CNJ testified that, at some point, IPJ Kayishema went to see Father Seromba. 1405 Five minutes later, Kayishema returned with Seromba, who greeted the officials. 1406 Shortly thereafter, the bourgmestre said, “[n]ow we can start”, and Kayishema instructed the driver to start the demolition. 1407 The driver was known as “Two Thousand,” but his real name was Anastase Nkinamubanzi. 1408 516. Witness CNJ estimated that the demolition began approximately 30 minutes after his arrival at the parish. 1409 Witness CNJ testified that the destruction began around 9.00 or 10.00 a.m., with a door on the left side of the church, which was not far from the altar. The destruction ended at around 4.00 p.m. with the destruction of the bell tower. 1410 The Tutsi were inside the church when 1393 T. 10 September 2009, p. 11. 1394 T. 10 September 2009, p. 11. 1395 T. 7 September 2009, p. 23. 1396 T. 7 September 2009, pp. 23-24. 1397 T. 7 September 2009, p. 25; T. 7 September 2009, p. 15 (Witness CNJ testified that he saw the same number of assailants at the parish on 16 April 1994 as he had seen on 15 April 1994. The Chamber recalls that he estimated that there were 4000 Hutu assailants at the parish on 15 April 1994.). 1398 T. 7 September 2009, pp. 25, 27, 31. 1399 T. 7 September 2009, p. 26. 1400 T. 7 September 2009, pp. 25-26. 1401 T. 7 September 2009, p. 26 (“I felt that after our victory, I, as a student, had to be seen by these officials. I felt that I might need these officials afterwards.”). 1402 T. 7 September 2009, p. 25. 1403 T. 7 September 2009, pp. 25-26. 1404 T. 7 September 2009, p. 26. 1405 T. 7 September 2009, p. 26. 1406 T. 7 September 2009, p. 26 (“They exchanged a few words, but I do not recall what they talked about.”). 1407 T. 7 September 2009, pp. 26-27. 1408 T. 7 September 2009, p. 26. 1409 T. 7 September 2009, p. 69. 1410 T. 7 September 2009, p. 27. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 125
Judgement and Sentence 1 November 2010 the demolition began, and the last Tutsi were killed when the tower fell. 1411 Witness CNJ testified that he “was amongst the assailants who were killing the Tutsis. Later on, we had to make sure that the Tutsis did not escape. That was our objective.” 1412 He further testified that, while the assailants were “finishing off” the wounded, another bulldozer was digging tombs below the church. 1413 Kanyarukiga and the other authorities were present during the demolition of the church. 1414 517. Finally, Witness CNJ testified that, when the destruction was complete, the authorities remained on the scene while the assailants were transported in trucks belonging to the Astaldi Company. 1415 Witness CNJ estimated that around 2000 Tutsi were killed on 16 April 1994. 1416 Prosecution Witness CDL 518. Witness CDL testified that he arrived at the Nyange Church with Bourgmestre Ndahimana at 7.00 or 8.00 a.m. on 16 April 1994. 1417 There were already a number of people at the parish when Witness CDL arrived, including those who had spent the night at the church to ensure that the Tutsi did not escape. 1418 The bourgmestre, Father Seromba, police officers, gendarmes and reservists were also present. 1419 Witness CDL testified that he spoke to these various people. 1420 There were no bulldozers at the parish when the witness arrived. 1421 519. The attacks were initiated by Bourgmestre Ndahimana, who shot at the “people who were above the church”. 1422 Following this, policemen and other people who had firearms also started shooting into the church. 1423 According to Witness CDL, the following people were leading or supervising the attacks on 16 April 1994: Kanyarukiga, the bourgmestre, Father Seromba, Télesphore Ndungutse, Fulgence Kayishema, Habiyambere, gendarmes and “the rest of us all, the Hutus.” 1424 Witness CDL could not “confirm or deny the presence of Kanyarukiga” during the gathering in the morning or when Ndahimana shot at the church but testified that the first time he saw Kanyarukiga at the church was at 10.00 a.m. 1425 520. Witness CDL testified that before the bulldozers arrived, some small meetings were held to “agree on the resources to be used.” 1426 The witness explained that, “[t]he various authorities I have mentioned met in front of Kanyarukiga’s pharmacy, and they had discussions in the presence of Kanyarukiga.” 1427 The witness attended the meeting in front of the pharmacy along with Kanyarukiga, Ndahimana, Kayishema, Habiyambere, gendarmes, Ndungutse, Kanani and others who were in the vicinity. 1428 Kanyarukiga, Habiyambere, Kayishema, Kanani and Emmanuel Segayo, an official from the Astaldi Company, were already at the pharmacy when Witness CDL 1411 T. 7 September 2009, pp. 27, 31. 1412 T. 7 September 2009, p. 27. 1413 T. 7 September 2009, pp. 27-28. 1414 T. 7 September 2009, p. 27. 1415 T. 7 September 2009, p. 28. 1416 T. 7 September 2009, p. 28. 1417 T. 10 September 2009, pp. 35, 38. 1418 T. 10 September 2009, p. 35; T. 11 September 2009, p. 16. 1419 T. 10 September 2009, p. 35. 1420 T. 10 September 2009, p. 35. 1421 T. 11 September 2009, p. 16. 1422 T. 10 September 2009, pp. 35-36; T. 11 September 2009, p. 18. 1423 T. 10 September 2009, p. 35. 1424 T. 10 September 2009, p. 36 (“…in short all categories of local authorities”). 1425 T. 11 September 2009, pp. 18-19. 1426 T. 10 September 2009, p. 36. 1427 T. 10 September 2009, p. 36. 1428 T. 10 September 2009, p. 38. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 126
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