Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
that the last time he saw Kanyarukiga was on the evening of 15 April 1994. 1685 While the witness
placed Kanyarukiga at the parish in other statements, he did not say that Kanyarukiga instigated the
assailants to kill Tutsi with traditional weapons. 1686 Witness CDL did not say in either of his
statements that Kanyarukiga told the driver of the bulldozer how to avoid being hit by stones. 1687
606. Thus, considering that Witnesses CNJ, CDL and CBK cannot be relied upon unless
corroborated by credible evidence and that, in this case, they are only corroborated by each other,
the Chamber finds that it cannot rely on their testimony to establish that Kanyarukiga was at the
Nyange Parish during the demolition of the church.
607. Witness CBK further testified that, after the rest of the church had been demolished,
Kanyarukiga asked Father Seromba if certain educated Tutsi, including Rwamasirabo, 1688
Nsanzabaganwa, Bonera and Kayiranga, had taken refuge at the parish. 1689 Father Seromba
answered in the affirmative and the “assailants” said that they must be in the bell tower. 1690 The
“assailants” said that if the educated Tutsi were not killed, their efforts would have been in vain. 1691
Witness CBK testified that Kanyarukiga and Seromba both watched the destruction of the bell
tower from the presbytery veranda. 1692
608. As discussed in paragraph 491, the Chamber has serious concerns about Witness CBK’s
overall credibility and has therefore only relied on his testimony where corroborated by other
credible evidence. Witness CBK’s testimony on this particular point was both uncorroborated and
partially contradicted by that of Witnesses CBS and CBR, who denied that Aloys Rwamasirabo and
Théoneste Nsanzabaganwa were at the Nyange Church on 15 and 16 April 1994. 1693 Although the
Chamber accepts that Kanyarukiga and Seromba could have made the comments attributed to them
irrespective of whether Rwamasirabo and Nsanzabaganwa were at the parish, it finds that this
evidence casts doubt on Witness CBK’s testimony.
609. The Chamber further notes that there are inconsistencies between Witness CBK’s prior
statements and his testimony at trial. Witness CBK did not say anything in his statement of
15 August 2000 about intellectuals hiding in the bell tower or Kanyarukiga’s alleged remarks. 1694
Nor did Witness CBK mention the comments allegedly made by Kanyarukiga in his statement of
1685 Defence Exhibit D15(A) (Statement of Witness CBK dated 26 April 2001), p. 4.
1686 Defence Exhibit D16(A) (Statement of Witness CBK dated 15 August 2000); Defence Exhibit D14(A) (Statement
of Witness CBK dated 24 October and 19 & 20 November 2002).
1687 Defence Exhibit D29(A) (Statement of Witness CDL dated 10 October 2001); Defence Exhibit D30(A) (Statement
of Witness CDL dated 8 August 2002 & 24 February 2003).
1688 The Chamber notes that at one point in the transcript, this name is spelled Rwamaserabo.
1689 T. 3 September 2009, p. 28.
1690 T. 3 September 2009, p. 28.
1691 T. 3 September 2009, pp. 22, 28.
1692 T. 3 September 2009, p. 29.
1693 T. 9 September 2009, p. 40 (CS) (When asked whether he had heard from other assailants that Aloys Rwamasirabo
was the church, specifically in the bell tower, Witness CBR responded, “[n]o one gave me such information. I did not
discuss such a matter with any person.”); T. 17 September 2009, p. 28 (CS) (Witness CBS testified during crossexamination
that he did not see Aloys Rwamasirabo or Théoneste Nsanzabaganwa at the parish during April 1994.
According to the witness, “[t]hey did [not] seek refuge there.”).
1694 Defence Exhibit D16(A) (Statement of Witness CBK dated 15 August 2000).
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 148