Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 CHAPTER V: VERDICT 667. For the reasons set out in this judgement, having considered all evidence and arguments, the Trial Chamber finds unanimously as follows in respect of Gaspard Kanyarukiga: Count 1: Count 2: Count 3: GUILTY of Genocide NOT GUILTY of Complicity in Genocide GUILTY of Extermination as a Crime against Humanity The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 165
Judgement and Sentence 1 November 2010 CHAPTER VI: SENTENCING 668. The Trial Chamber has found Gaspard Kanyarukiga guilty of genocide (Count 1 of the Indictment) and extermination as a crime against humanity (Count 3 of the Indictment) for planning the destruction of the Nyange Parish Church and the resulting killing of approximately 2000 Tutsi civilians. The Chamber shall now determine an appropriate sentence. 1. Applicable Law 669. A person convicted by the Tribunal may be sentenced to imprisonment for a fixed term or for the remainder of his life. 1778 The penalty imposed should reflect the aims of retribution, deterrence and, to a lesser extent, rehabilitation. 1779 Pursuant to Article 23 of the Statute and Rule 101 of the Rules, the Trial Chamber shall consider the general practice regarding prison sentences in Rwanda, the gravity of the offences (the gravity of the crimes for which the accused has been convicted and the form of responsibility for these crimes) as well as the individual circumstances of the convicted person, including aggravating and mitigating circumstances. 1780 In addition, the Trial Chamber shall consider the extent to which any penalty imposed by a court of any State on the accused for the same act has already been served 1781 and shall credit the accused for any time spent in detention pending his surrender to the Tribunal and during trial. 1782 2. Submissions 670. The Prosecution requests that the Trial Chamber impose a sentence of imprisonment for the remainder of Kanyarukiga’s life. 1783 The Prosecution submits that life imprisonment is an appropriate sentence in light of the gravity of Kanyarukiga’s offence, his individual circumstances and certain alleged aggravating factors. 1784 The Prosecution identifies five potential aggravating circumstances: Kanyarukiga’s position in the community and his abuse of that authority; Kanyarukiga’s premeditation in carrying out the acts leading to the massacre; Kanyarukiga’s direct participation in the crimes as a perpetrator; the violent and humiliating nature of his acts and the vulnerability of the victims; and the duration of the offences and the suffering of the victims. 1785 The Prosecution contends that there are no mitigating circumstances in this case. 1786 671. The Defence does not make submissions on sentencing in its closing brief. Rather, the Defence submits that, because it has asked the Chamber to acquit Kanyarukiga on all counts, “[t]o make submissions on sentencing or possible mitigating factors at this stage would violate Gaspard Kanyarukiga’s presumption of innocence.” 1787 The Defence submits that it “reserves its right to make submissions on sentencing and mitigating factors in the event of a conviction, after the verdict is rendered in the final judgement.” 1788 1778 Rule 101(A) of the Rules. 1779 See Nahimana et al., Judgement (AC), para. 1057; Stakić, Judgement (AC), para. 402. 1780 Articles 23(1) and 23(2) of the Statute; Rule 101(B) of the Rules. 1781 Rule 101(B)(iv) of the Rules. 1782 Rule 101(C) of the Rules. 1783 Prosecutor’s Final Trial Brief, para. 517. 1784 Prosecutor’s Final Trial Brief, para. 517. 1785 Prosecutor’s Final Trial Brief, para. 538. 1786 Prosecutor’s Final Trial Brief, paras. 517, 567-570. 1787 Defence Final Brief, para. 502. 1788 Defence Final Brief, para. 505. The Defence reiterated in its closing argument that it was not making submissions on sentencing or mitigation. T. 24 May 2010, p. 84. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 166
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