Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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