Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 way to get to his Ndera residence to retrieve them. 168 Kanyarukiga asked the witness to help him evacuate his family. 169 The witness told Kanyarukiga to come to his office at Gitarama Military Camp that afternoon in order to find a solution. 170 91. At approximately 4.00 p.m. on 14 April 1994, the witness met Kanyarukiga for the second time when Kanyarukiga arrived at the witness’s office at Gitarama Military Camp. 171 After some discussion, the witness arranged for a feuille de route to be prepared, signed and issued to Kanyarukiga. 172 The witness recalled that the objective of the feuille de route was to enable Kanyarukiga to leave Gitarama, pass through roadblocks in order to arrive in Ndera. 173 Kanyarukiga remained in the witness’s office for approximately 30 to 45 minutes. 174 92. The witness asked a platoon leader to provide him with a soldier to escort Kanyarukiga to Ndera, and the witness introduced this soldier to Kanyarukiga. 175 The witness could not recall the name of the soldier but remembered that the soldier’s rank was private first class. 176 The witness asked Kanyarukiga to return the following day to Gitarama Military Camp to pick up the assigned soldier Kanyarukiga so that they could leave for Ndera early that same morning. 177 The soldier returned approximately two days later, around 17 April 1994, and reported to the witness that the soldier and Kanyarukiga had been able to evacuate Kanyarukiga’s family. 178 The soldier also reported that the group had problems on their return journey and did not use the Kigali-Gitarama highway. 179 Instead, they passed through Bugasera because there was a lot of fighting in Kanombe and Kicukiro-Remera area. 180 Defence Witness Thicien Ndaberetse 93. Witness Thicien Ndaberetse was a private first class in the Rwandan Army and was based at Gitarama Military Camp in April 1994. He testified that he was assigned by the commander of Gitarama Military Camp, Rukabyatorero, to travel with Kanyarukiga from Gitarama to Ndera and back to pick up members of Kanyarukiga’s family about a week after the president died. 181 94. Commander Rukabyatorero called the witness to his office, and when the witness arrived, Kanyarukiga was with the commander. 182 The witness did not provide dates that he travelled with Kanyarukiga from Gitarama to Ndera and back, but testified that on the day after they were introduced, Kanyarukiga and Witness Ndaberetse left Gitarama Military Camp around 9.00 a.m. and arrived in Ndera between 2.00 and 3.00 p.m. 183 On their way to Ndera, Kanyarukiga and the witness stopped at a woman’s house. 184 Witness Ndaberetse estimated they spent between 40 and 60 minutes at this location before leaving. 185 After passing through Kigali, Kanyarukiga and the 168 T. 2 February 2010, p. 28. 169 T. 2 February 2010, p. 28. 170 T. 2 February 2010, p. 28. 171 T. 2 February 2010, p. 28. 172 T. 2 February 2010, pp. 28, 29, 33-34, 37-38, 52. 173 T. 2 February 2010, p. 37. 174 T. 2 February 2010, p. 29. 175 T. 2 February 2010, pp. 29, 54. 176 T. 2 February 2010, p. 29. 177 T. 2 February 2010, p. 29. 178 T. 2 February 2010, p. 29. 179 T. 2 February 2010, p. 29. 180 T. 2 February 2010, p. 29. 181 T. 21 January 2010, pp. 7-8, 9, 11. 182 T. 21 January 2010, pp. 8, 9, 10. 183 T. 21 January 2010, p. 14. 184 T. 21 January 2010, p. 11. 185 T. 21 January 2010, p. 11. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 21
Judgement and Sentence 1 November 2010 witness arrived at Kanyarukiga’s house in Ndera and spent the night there. 186 Witness Ndaberetse testified that he and Kanyarukiga came across many roadblocks between Gitarama and Ndera. 187 95. The witness recalled that in the afternoon of that same day, he and Kanyarukiga went to the bourgmestre’s office in Ndera. 188 According to the witness, Kanyarukiga was obliged to see the bourgmestre to obtain another feuille de route, which included the names of his family, because the one they were using did not. 189 Witness Ndaberetse testified that he did not see all the names on the feuille de route obtained from the bourgmestre but testified that the names were typed and that his name and Kanyarukiga’s appeared first. 190 96. The following day, the witness, Kanyarukiga and Kanyarukiga’s family left Ndera between 8.00 a.m. and 9.00 a.m. 191 Witness Ndaberetse recalled there were between five and eight people in the car, including children and adults, and the vehicle was full. 192 97. According to the witness, the vehicle crossed various roadblocks and was stopped at a roadblock referred to as "kilomètre 19". 193 Witness Ndaberetse recalled that they presented their feuille de route, but the people at the roadblock did not acknowledge its authenticity and said that it had been issued by an inyenzi. 194 At the roadblock, the vehicle and the people in the vehicle were checked, and the witness believed the situation to be very dangerous. 195 The “confrontation” lasted between 40 and 60 minutes. 196 98. The witness recalled that Kanyarukiga went to see the commander of Kanombe Military Camp, and the commander issued another feuille de route to Kanyarukiga. 197 The feuille de route had the names of the witness, Kanyarukiga and members of Kanyarukiga’s family. 198 99. After Kanyarukiga obtained the feuille de route, the party went back to the highway and successfully passed through the kilomètre 19 roadblock. 199 Witness Ndaberetse could not recall what time of day they returned to the roadblock at “kilomètre 19” because “it happened a long time ago.” 200 186 T. 21 January 2010, pp. 11, 12, 13. 187 T. 21 January 2010, pp. 14, 37-38, 39. 188 T. 21 January 2010, pp. 13, 14, 26-28, 31. 189 T. 21 January 2010, pp. 13, 26. 190 T. 21 January 2010, pp. 27-28. 191 T. 21 January 2010, pp. 14, 15. 192 T. 21 January 2010, pp. 14, 26. 193 T. 21 January 2010, p. 15. 194 T. 21 January 2010, pp. 15-17. It is not entirely clear whether the feuille de route they presented was that issued by Commander Rukabyatorero or the bourgmestre, but Witness Ndaberetse implied that it was that issued by the bourgmestre. T. 21 January 2010, p. 17. 195 T. 21 January 2010, p. 16. 196 T. 21 January 2010, p. 16. 197 T. 21 January 2010, pp. 17-18. Witness Ndaberetse recalled that the Accused parked the vehicle outside the camp, and the “two of us entered into the camp on foot in order to go and request the feuille de route.” T. 21 January 2010, p. 30. When first questioned, the witness stated that only the Accused entered the military camp. T. 21 January 2010, p. 18. See also T. 21 January 2010, p. 37. Later, Witness Ndaberetse testified that he let Kanyarukiga enter the camp alone, and he remained next to members of the family in the car. T. 21 January 2010, p. 42. The witness also stated that he did not remember whether they entered the camp together “because it was a long time ago,” but he remembered they went to the camp. T. 21 January 2010, p. 31. 198 T. 21 January 2010, p. 17. 199 T. 21 January 2010, p. 18. 200 T. 21 January 2010, p. 18. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 22
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