Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 year at Rubengera Groupe Scolaire in April 1994. 1495 Witness Twagirashema testified that Gaspard Kanyarukiga is from his commune and that he has known Kanyarukiga for a long time. 1496 539. Witness Twagirashema testified that on Saturday, 16 April 1994, the Nyange Church was destroyed, and the people who had sought refuge in the church were killed. 1497 The witness stated that he “was present when the church was being destroyed” and personally witnessed the demolition. 1498 540. Witness Twagirashema arrived near the church between 9.00 and 10.00 a.m. and left the area between 2.00 and 3.00 p.m. 1499 The witness stopped in front of the Statue of the Virgin Mary, where he could see a crowd of people moving towards the church. 1500 He testified that there were so many people in Nyange that he could not count them. 1501 541. The witness stated that he could clearly see the entrance to Kanyarukiga’s pharmacy from where he stood, and the pharmacy doors were closed. 1502 Other shops were also closed. 1503 Witness Twagirashema did not see any vehicle, including Kanyarukiga’s red Nissan, in front of the pharmacy. 1504 He further testified that he did not see Kanyarukiga, nor did he hear that Kanyarukiga was at the pharmacy or the Statue of the Virgin Mary. 1505 542. According to the witness, there was no fighting at the Statue of the Virgin Mary, but he and the others at the statue could see people heading to the church and could hear the sound of the church being demolished. 1506 Witness Twagirashema could not see the church from where he stood, and it was impossible for him to determine the number of displaced persons who were inside the church. 1507 543. Witness Twagirashema testified that he was not afraid to be at the Statue of the Virgin Mary during the demolition because he was Hutu, and the Hutu “were not wanted”. 1508 He did not see local authorities on 16 April 1994; he only saw a teacher called Ndungutse and a reservist called Ephrem. 1509 According to the witness, Ndungutse was an interahamwe leader. 1510 1495 T. 3 February 2010, pp. 2-3, 12. 1496 T. 3 February 2010, pp. 3, 12 (“When I attained the age of reason, I knew him.”). 1497 T. 3 February 2010, p. 4. 1498 T. 3 February 2010, pp. 4-5. 1499 T. 3 February 2010, pp. 5, 6. 1500 T. 3 February 2010, p. 5. 1501 T. 3 February 2010, p. 5. 1502 T. 3 February 2010, p. 5. 1503 T. 3 February 2010, p. 5. 1504 T. 3 February 2010, p. 5. 1505 T. 3 February 2010, p. 6. He stated that, if Kanyarukiga had been there, Kanyarukiga’s pharmacy would have been open. 1506 T. 3 February 2010, p. 6. 1507 T. 3 February 2010, pp. 13-14, 15. The Tutsi were locked up inside the church, and the witness did not go inside the church to assess the number of displaced persons who were there. T. 3 February 2010, pp. 13, 15. 1508 T. 3 February 2010, p. 17. The witness denied wearing banana leaves on 16 April 1994. T. 3 February 2010, p. 16 (“I was not crazy. Of course, there were people who wore the banana leaves, but not everyone wore them. There were women and children and many other persons who did not wear banana leaves. I did not wear them.”). 1509 T. 3 February 2010, pp. 19-20. 1510 T. 3 February 2010, p. 20. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 131
Judgement and Sentence 1 November 2010 Defence Witness Roger Kemena Mutume 544. Witness Mutume testified that the Nyange Church was destroyed on Saturday, 16 April 1994, and he “was an eyewitness to that event.” 1511 Witness Mutume left his parents’ house at around 9.00 a.m. and arrived in Nyange before noon. 1512 The witness stopped at the Nyange Centre and watched what was happening from there. 1513 “There were people who were fighting against Tutsis who had sought refuge inside the church. They were trying to demolish the church because the refugees had barricaded themselves inside the church.” 1514 545. Witness Mutume and his friends decided to return home around 2.30 p.m. 1515 He testified that he left the church “at the precise moment” when the church was being demolished because the situation was frightening. 1516 546. The witness further testified that the doors to Kanyarukiga’s pharmacy were closed on 16 April 1994 because “there had been confrontations outside for a number of days, and on that day, the confrontations were continuing.” 1517 The witness did not see Kanyarukiga or Kanyarukiga’s car anywhere on 16 April 1994. 1518 547. The only people who the witness could describe as figures of authority were a local teacher and a judicial police inspector. 1519 Defence Witness KG15 548. Witness KG15 testified that, on 16 April 1994, he stayed inside the refectory at the presbytery with Father Seromba until the church collapsed. 1520 The witness said that the church was destroyed around midday. 1521 549. According to Witness KG15, on 15 April 1994, Father Seromba and others asked the bourgmestre to arrange for the burial of those persons who had been killed at the parish. 1522 The next morning, the bourgmestre sent a bulldozer to dig graves. 1523 The witness heard the sound of the bulldozer and then something that sounded like a bomb. 1524 They went out of the presbytery, but there was nothing they could do because there were approximately ten thousand people around. 1525 The back of the church was destroyed first and at the time, Father Seromba was in the refectory. 1526 1511 T. 27 January 2010, p. 28. 1512 T. 27 January 2010, pp. 28, 31. 1513 T. 27 January 2010, p. 29. 1514 T. 27 January 2010, p. 29. 1515 T. 27 January 2010, pp. 31, 45. 1516 T. 27 January 2010, pp. 31, 41. The witness said that the people who wore camouflage uniforms were rogues who were not from the vicinity and came from “far-off communes.” T. 27 January 2010, p. 43. 1517 T. 27 January 2010, p. 30. 1518 T. 27 January 2010, pp. 30-31, 41. The witness testified that no one told him that they had seen Kanyarukiga. T. 27 January 2010, p. 31. He speculated that Kanyarukiga was at home on 16 April 1994 but could not say which of Kanyarukiga’s homes he would have been at. T. 27 January 2010, pp. 31, 41, 47. 1519 T. 27 January 2010, p. 47. 1520 T. 11 February 2010, pp. 36-38 (CS). 1521 T. 11 February 2010, p. 20 (CS). 1522 T. 11 February 2010, p. 37 (CS). 1523 T. 11 February 2010, p. 37 (CS). 1524 T. 11 February 2010, p. 37 (CS). 1525 T. 11 February 2010, pp. 37, 38 (CS). 1526 T. 11 February 2010, p. 37 (CS). The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 132
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