Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
26 April 2001, which dealt specifically with the Accused. 1695 Finally, while the witness referred to
this event in his 2002 statement, he did not attribute any specific comments to the Accused. 1696
610. For these reasons, the Chamber finds that it has not been established that Kanyarukiga was
present during the demolition of the bell tower or that he asked Father Seromba if certain Tutsi
intellectuals had taken refuge in the church.
611. Finally, Prosecution Witness CBK testified that, after the church was demolished, Father
Seromba, Kayishema, Ndahimana, Kanyarukiga and others met in the presbytery, where they
celebrated by drinking beer and wine. 1697 Again, the Chamber has treated Witness CBK’s testimony
with extreme caution due to its concerns about the witness’s overall credibility, including his
tendency to exaggerate. With respect to this particular incident, the Chamber also finds that there
are a number of inconsistencies between Witness CBK’s prior statements and his testimony at trial.
The witness did not mention any celebrations at the parish presbytery in either his 15 August 2000
or his 26 April 2001 statement. 1698 Further, while Witness CBK said in his 2002 statement that
Father Seromba drank beer, wine and other alcoholic beverages after the Nyange Church was
demolished, he did not mention the presence of the Accused during these celebrations. 1699 Thus, the
Chamber finds that the Prosecution has failed to establish that Kanyarukiga and others celebrated
by drinking beer and wine at the presbytery after the church was demolished.
6.4. Conclusion
612. In conclusion, the Chamber finds that the Prosecution has failed to establish beyond
reasonable doubt the allegation in paragraph 16 of the Indictment that, on the morning of
16 April 1994, Gaspard Kanyarukiga, Fulgence Kayishema, Télesphore Ndungutse, Judge
Habiyambere, Francois Gashugu, Védaste Mupende, Grégoire Ndahimana and others held a
meeting at the CODEKOKI, at which they mutually agreed and planned to kill all the Tutsi in the
church by destroying it.
613. The Chamber finds it established beyond reasonable doubt that on the morning of 16 April
1994, Gaspard Kanyarukiga, Fulgence Kayishema, Télesphore Ndungutse, Judge Habiyambere and
Grégoire Ndahimana and others met Father Athanase Seromba at the Nyange Parish and discussed
demolishing the church. Furthermore, the Prosecution has established beyond reasonable doubt that
following this meeting, Kanyarukiga suggested that another church would be built. The
Prosecution, however, has failed to establish beyond reasonable doubt that during the meeting, the
attendees “informed [Father Seromba] of their decision to demolish the church in order to kill all
the Tutsi refugees,” as alleged in paragraph 17 of the Indictment. The Prosecution has also failed to
establish that Védaste Mupende or Francois Gashugu attended this meeting.
614. Finally, the Chamber finds that the Prosecution has proven beyond reasonable doubt that on
16 April 1994, the Nyange Church was destroyed using a bulldozer, killing about 2000 Tutsi
1695 Defence Exhibit D15(A) (Statement of Witness CBK dated 26 April 2001). Witness CBK said that he saw
Kanyarukiga twice in April 1994 and that the last time was on the evening of 15 April 1994. When asked about this
statement at trial, Witness CBK denied saying that he saw Kanyarukiga only twice. According to the witness, “[i]f the
statements only mentioned two occasions, then that is not the truth.” The witness insisted that he saw Kanyarukiga
several times and that “the investigators did not take down my statement well by saying that I had seen him only twice.”
T. 4 September 2009, p. 22 (CS). The Chamber does not accept this explanation for the inconsistency between the
witness’s testimony and his prior statement.
1696 Defence Exhibit D14(A) (Statement of Witness CBK dated 24 October and 19 & 20 November 2002), pp. 8-9.
1697 T. 3 September 2009, p. 29. See also Prosecutor’s Final Trial Brief, para. 189.
1698 Defence Exhibit D15(A) (Statement of Witness CBK dated 26 April 2001); Defence Exhibit D16(A) (Statement of
Witness CBK dated 15 August 2000).
1699 Defence Exhibit D14(A) (Statement of Witness CBK dated 24 October and 19 & 20 November 2002), p. 10.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 149