Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
590. Finally, the Prosecution alleges that after this meeting, Kanyarukiga instigated the
demolition of the church by suggesting that another one would be built. 1633 Prosecution Witness
CBR was the only witness to testify in support of this allegation. He attested that between 9.00 and
10.00 a.m., he overheard Kanyarukiga tell Ndahimana, Kayishema, Ndungutse, Habiyambere,
Habarugira and Murangwabugabo that, “[t]his church has to be demolished. I would reconstruct it. I
would make it my responsibility to reconstruct in three days.” 1634 According to the witness,
Kanyarukiga was neither addressing the crowd of assailants nor speaking quietly. 1635
591. The Chamber recalls that Witness CBR was an accomplice to the events at the Nyange
Parish and was incarcerated at the Kibuye Prison with four other witnesses in this case. 1636 The
Chamber has therefore approached the witness’s evidence with requisite caution. 1637 The Chamber
notes, however, that Witness CBR has already confessed 1638 and been sentenced in Rwanda. 1639
Thus, notwithstanding Rwanda’s confession law, 1640 the Chamber finds no reason to believe that
Witness CBR would now receive favourable treatment for testifying against Kanyarukiga. 1641 The
Chamber also recalls that Witness CBR is a member of Kanyarukiga’s extended family, who told
the court that, because of this relationship, he has “nothing against Gaspard Kanyarukiga.” 1642
592. The Chamber has considered the Defence submission that “there is direct evidence of
collusion” between Witnesses CBR, CDL, CBT, CDK and CNJ. 1643 As discussed above, the
Chamber is mindful that these witnesses attended Gacaca sessions together in prison but does not
believe that this alone supports an inference of collusion. 1644
1633 Amended Indictment, para. 17; Prosecutor’s Final Trial Brief, para. 164. See also T. 9 September 2009, p. 32.
1634 T. 9 September 2009, p. 32; T. 10 September 2009, p. 9.
1635 T. 9 September 2009, p. 32.
1636 T. 9 September 2009, pp. 49-52; Defence Exhibit D25 (List of Protected Names Shown to Witness CBR). See also
paragraph 452.
1637 See, e.g., Nchamihigo, Judgement (AC), para. 42 (“[N]othing in the Statute or the Rules prohibits a Trial Chamber
from relying upon the testimony of accomplice witnesses. However, such evidence is to be treated with caution, ‘the
main question being to assess whether the witness concerned might have motives or incentives to implicate the
accused’.”(internal citations omitted)).
1638 T. 9 September 2009, pp. 33, 49. The Chamber notes that Witness CBR admitted to killing four of his neighbours
with a machete and throwing stones during the attacks at the Nyange Parish. While the witness did not answer directly
when asked whether he killed anyone at the parish, the Chamber finds this insufficient to cast doubt on his otherwise
consistent and compelling testimony regarding the actions of the Accused. T. 10 September 2009, p. 12.
1639 T. 9 September 2009, p. 33. The witness noted that the longest sentence he received was 20 years. He testified that
he is currently a “free man” but appears to still be serving the “community labour” portion of his sentence.
1640 T. 9 September 2009, pp. 48-49. See also T. 10 September 2009, pp. 71-72.
1641 The Chamber also notes that the witness was a member of a group in prison that “sensitised” other prisoners to
plead guilty. T. 9 September 2009, p. 49. The Chamber, however, does not believe that the witness’s membership in this
group necessarily renders his evidence unreliable.
1642 T. 10 September 2009, p. 7 (CS).
1643 Defence Final Brief, para. 328. See also paragraphs 452 to 453 of this judgement.
1644 Although Witness CBR was in Arusha, he was housed with Witnesses CDL and CBT, who also testified that
Kanyarukiga said that the Nyange Church could be rebuilt (Witness CBR, T. 9 September 2009, pp. 39-40 (CS);
Witness CDL, T. 10 September 2009, p. 39; Witness CBT, T. 14 September 2009, p. 46, T. 15 September 2009, p. 1),
all three witnesses mentioned Kanyarukiga’s alleged remarks several years prior to their testimony in this case. Defence
Exhibit D27(B) (Statement of Witness CBR dated 9 October 2001), p. 4; Defence Exhibit D29(A) (Statement of
Witness CDL dated 10 October 2001), p. 3; Defence Exhibit D42(B) (Statement of Witness CBT dated 14 and 16
August 2000), p. 4. Moreover, while they all attributed similar statements to the Accused, the witnesses placed these
statements at different geographical locations and points during the sequence of events on 15 and 16 April 1994, clearly
indicating that they were not describing the same incident. Witness CDL, T. 10 September 2009, p. 39; Witness CBT,
T. 14 September 2009, p. 46; T. 15 September 2009, p. 1. Therefore, the Chamber does not consider their housing
arrangement in Arusha to support an inference of collusion.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 143