Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 arrived with the bourgmestre. 1429 They asked the bourgmestre whether he had enough ammunition or bullets, and the bourgmestre said no. 1430 Kanyarukiga and Habiyambere then told those assembled that the only way to kill the Tutsi in the church was to destroy it. 1431 Emmanuel Segayo promised to provide bulldozers from the Astaldi Company to destroy the church but said there was no fuel for the bulldozers. 1432 Kanyarukiga said that he would purchase the fuel for the bulldozers. 1433 According to Witness CDL, Kanyarukiga also said that demolishing the church would not be a problem because “there were enough people in Kivumu who would rebuild the church.” 1434 521. Witness CDL further testified that it was agreed that the only means of exterminating the Tutsi was to destroy the church itself. 1435 The witness testified that the decision to destroy the church was taken collectively, but it was the brainchild of Kanyarukiga, Habiyambere and the official from the Astaldi Company. 1436 522. Ndahimana, Kayishema, Habiyambere, Kanyarukiga, Ndungutse, Kanani and gendarmes met with Father Seromba next to the secretariat at around 10.00 a.m. 1437 and informed him of the decision to destroy the church. 1438 According to the witness, Father Seromba agreed to the demolition, “since there were no other means whereby they could destroy the Tutsi”. 1439 523. Witness CDL estimated that the two bulldozers used to destroy the church arrived on the parish grounds between 10.00 and 11.00 a.m. and immediately began to demolish the church. 1440 The bulldozers were driven by two men named Mitima and Maurice. 1441 They were assisted by Anastase Nkinamubanzi, whose nickname was “Two Thousand.” 1442 They first attempted to destroy the bell tower of the church, but when that failed, Father Seromba suggested they go to the side where the sacristy was. 1443 One bulldozer started at one side of the sacristy and the other started from the other side; they continued until the entire church was destroyed. 1444 Witness CDL testified that the Tutsi were inside the church when it was destroyed. 1445 524. Witness CDL testified that, other than Father Seromba, those who were present during the destruction of the church included Grégoire Ndahimana; Fulgence Kayishema; Joseph Habiyambere; Gaspard Kanyarukiga; Télesphore Ndungutse; Védaste Murangwabugabo, an assistant of the bourgmestre; Gilbert Kanani, another assistant to the bourgmestre; François Munyaneza, the secretary of the commune; Arnold Mugarere, a census staff of the commune; gendarmes; warrant officers; police officers; a conseiller; the witness and other members of the population. 1446 Witness CDL claimed that he personally was merely a spectator on 1429 T. 10 September 2009, pp. 38, 39. On page 38 the witness mentions Kayishema, while on page 39 he replaces Kayishema with Kanani. 1430 T. 10 September 2009, pp. 38, 39. 1431 T. 10 September 2009, pp. 38, 39. 1432 T. 10 September 2009, pp. 38, 39. 1433 T. 10 September 2009, pp. 38, 39. 1434 T. 10 September 2009, p. 39. 1435 T. 10 September 2009, p. 38. 1436 T. 10 September 2009, p. 39. 1437 T. 10 September 2009, pp. 36, 38-39; T. 11 September 2009, pp. 18-19. 1438 T. 10 September 2009, pp. 51-52. 1439 T. 10 September 2009, pp. 36, 38, 39. 1440 T. 11 September 2009, pp. 16, 17. 1441 T. 10 September 2009, p. 41. 1442 T. 10 September 2009, p. 42. 1443 T. 10 September 2009, p. 42. 1444 T. 10 September 2009, p. 42. 1445 T. 10 September 2009, pp. 42-43. 1446 T. 10 September 2009, p. 43. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 127
Judgement and Sentence 1 November 2010 16 April 1994. 1447 As the church was being destroyed, Kanyarukiga and others tried to show the drivers of the bulldozers how to avoid being hit by the stones that the Tutsi were throwing from inside the church. 1448 525. Witness CDL testified that “sometimes” he left the site. 1449 He testified that he left the church around midday to go to school “to see what was happening there” and to tell some people that their child had been abandoned at the parish. 1450 The witness returned to the church at around 2.00 p.m. and stayed until 4.00 p.m. 1451 At that time, only the bell tower remained. 1452 The witness insisted that Kanyarukiga spent the entire day at the site, closely following what was happening. 1453 However, the witness conceded Kanyarukiga might have left during the day to go to his pharmacy. 1454 Prosecution Witness CBK 526. Witness CBK testified that the Nyange Church was destroyed on 16 April 1994. 1455 According to the witness, there were more than 5000 assailants at the parish on that day. 1456 The assailants were wearing banana leaves on their heads, and “they could be easily distinguished from the refugees who were inside the church because the people in the church did not wear banana leaves.” 1457 527. Witness CBK testified that he saw “Kanyarukiga, Kayishema and others” on the morning of 16 April 1994. 1458 They were in the inner courtyard of the presbytery, and the witness could see them talking. 1459 “[A]t some point they went upstairs into the room where they were holding the meeting. In any case, I felt they were not discussing anything good because afterwards the church was demolished.” 1460 528. Witness CBK testified that Kanyarukiga was one of the leaders of the attacks on the Nyange Parish. 1461 He said he reached this conclusion because “when Kanyarukiga arrived, he would meet with Father Seromba, along with Fulgence Kayishema. And after their meeting something would happen.” 1462 1447 T. 11 September 2009, p. 23. 1448 T. 10 September 2009, p. 43. 1449 T. 10 September 2009, p. 43. 1450 T. 10 September 2009, p. 43. 1451 T. 10 September 2009, p. 43. 1452 T. 10 September 2009, p. 43. 1453 T. 10 September 2009, p. 43. 1454 T. 10 September 2009, p. 43. 1455 T. 3 September 2009, p. 30. 1456 T. 3 September 2009, p. 22 (“The assailants were very many. They had come from all the secteurs of Kivumu commune. There were also assailants who had come from neighbouring communes, that is, communes sharing a border with Kivumu commune.”); T. 3 September 2009, p. 28. 1457 T. 3 September 2009, p. 28. Witness CBK testified that he also wore banana leaves on 16 April 1994. T. 3 September 2009, p. 67 (CS). 1458 T. 3 September 2009, p. 25. 1459 T. 3 September 2009, p. 25. 1460 T. 3 September 2009, p. 25. 1461 T. 3 September 2009, p. 26. 1462 T. 3 September 2009, p. 26 (“When I talk of authorities, I am referring to anyone who was holding a position of authority or who had influence. Take, for example, the bourgmestre who was heading the Kivumu commune. Fulgence Kayishema was also an authority because he was a police inspector for the commune. There were also businessmen[,] including Gaspard[,] who were influential. There were also communal policemen. All these people whom I have mentioned were authorities.”). The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 128
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