Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
529. According to the witness, Father Seromba gave the order to destroy the church. 1463 Seromba
said, “[d]estroy the church. We are many. We can build another one.” 1464 Witness CBK testified
that, when these words were uttered, he was standing with Seromba and Kanyarukiga at the
entrance of the presbytery, next to the secretariat of the parish. 1465 In the meantime, Kanyarukiga
instructed the assailants to intercept any Tutsi who tried to escape. 1466
530. Witness CBK testified that the bell tower remained intact after the rest of the church had
been demolished, and several Tutsi crowded into the upper part of the tower. 1467 Kanyarukiga asked
Father Seromba if certain Tutsi, including Aloys Rwamasirabo, Théoneste Nsanzabaganwa, Mr.
Bonera and a certain Kayiranga, had taken refuge at the parish. 1468 When Father Seromba answered
in the affirmative, the assailants said that, “[i]f the Tutsis have arrived at the church, then they must
be in the church tower and that tower should, therefore, be demolished.” 1469 The assailants said that,
“if these Tutsis, educated Tutsis, were not killed, their efforts would have been in vain. Therefore, it
was necessary to also kill the educated Tutsis.” 1470 He testified that he saw “assailants,” including
Seromba and Kanyarukiga, standing on the veranda at the entrance to the presbytery when the bell
tower was demolished. 1471
531. After the church was demolished, the assailants went to rest. 1472 “They celebrated. They
shared beer and wine.” 1473 Witness CBK testified that those who took part in the celebration, which
was held in the bishop’s room in the presbytery, included Father Seromba, Fulgence Kayishema,
Grégoire Ndahimana, Kanyarukiga and others. 1474
532. Witness CBK estimated the number of deaths at the Nyange Parish to be around 3000
Tutsi. 1475 He testified that, on 16 April 1994, “[t]he Tutsis who were inside the church were killed
atrociously.” 1476 Some of the victims were struck, others were chopped into pieces with machetes,
others were killed under the collapsing walls, while others were beaten to death by clubs studded
with nails. 1477
Prosecution Witness CBY
533. Witness CBY testified that 2500 to 3000 people had taken refuge at the parish as of
12 April 1994. 1478 The demolition of the Nyange Church began on the afternoon of 15 April
1994. 1479 Some assailants spent the night of 15 April 1994 at the site of the church, 1480 while other
1463 T. 3 September 2009, p. 22.
1464 T. 3 September 2009, p. 22.
1465 T. 3 September 2009, p. 23.
1466 T. 3 September 2009, p. 22 (Kanyarukiga said, “[i]f a Tutsi escapes, he should be killed with traditional weapons,
including machetes, bamboos, clubs studded with nails and so on.”); T. 4 September 2009, p. 24 (CS).
1467 T. 3 September 2009, pp. 22, 31.
1468 T. 3 September 2009, p. 28
1469 T. 3 September 2009, p. 28.
1470 T. 3 September 2009, pp. 22, 28. When asked which assailants discussed intellectuals, Witness CBK testified that,
“[i]t was Kanyarukiga himself who made that utterance.” T. 3 September 2009, p. 28. However, it is not clear from the
witness’s testimony whether Kanyarukiga was the one who said that the bell tower needed to be demolished.
1471 T. 3 September 2009, pp. 28-29.
1472 T. 3 September 2009, p. 29.
1473 T. 3 September 2009, p. 29.
1474 T. 3 September 2009, p. 29.
1475 T. 3 September 2009, p. 38.
1476 T. 3 September 2009, p. 21.
1477 T. 3 September 2009, p. 21.
1478 T. 8 September 2009, p. 30.
1479 T. 8 September 2009, p. 47.
1480 T. 8 September 2009, p. 47.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 129