Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 Habiyambere. 492 At the end of the meeting, Seromba and Gilbert Kanani Rugwizangoga, the Deputy Bourgmestre, went to the church to determine whether the Tutsi were armed. 493 Witness CDL did not attend the meeting but was informed about it by Kanani. 494 212. Witness CDL also testified that he attended a meeting at Mutanoga Centre on 14 April 1994. 495 Witness CDL testified that he arrived at the Mutanoga Centre around 2.30 p.m. 496 According to the witness, the gathering “looked like a public rally.” 497 Witness CDL estimated that there were hundreds of people, but he could not give a number. 498 He testified that the meeting was attended by Bourgmestre Ndahimana, IPJ Fulgence Kayishema, Canton Court President Joseph Habiyambere, Brigadier Bakiwiri, 499 MRND Chairman Jean Baptiste Kagenza, Assistant Bourgmestre Gilbert Rugwizangoga Kanani, MRND Vice-Chairman Télesphore Ndungutse and the businessman Gaspard Kanyarukiga. 500 213. Witness CDL testified that he saw Kanyarukiga arrive at the Mutanoga Centre in a Toyota Corolla and park in front of the first house at the marketplace. 501 According to the witness, Kanyarukiga had a pistol in his belt and asked those present whether all the Tutsi at the Nyange Church had been killed. 502 Kanyarukiga was told that the Tutsi at the church had resisted the attacks. 503 According to the witness, Kanyarukiga “advised the assailants that they had to proceed quickly and exterminate the refugees at the parish, because their kinsmen were already at Mushubati” and were coming to “liberate” the Tutsi in Nyange. 504 Witness CDL testified that, through his words, “Kanyarukiga meant to say that the [i]nkotanyis were related to the Tutsis, that they were, therefore, their kinsmen.” 505 Prosecution Witness CBK 214. Witness CBK testified that, in the afternoon of 13 April 1994, the former bourgmestre of Kivumu commune, IPJ Kayishema, Mbakirirehe, Rushema and Kanyarukiga held a meeting at the Nyange Parish to discuss “disarming the refugees.” 506 Witness CBK testified that Kanyarukiga and Father Seromba were among those who decided to disarm the Tutsi. 507 According to the witness, all of the meetings were held in a room known as the “bishop’s room,” which was one of the rooms in the parish. 508 Witness CBK testified that each time these men met at the parish, he saw them come and go from the bishop’s room. 509 He acknowledged, however, that he did not attend any of these meetings. 510 492 T. 10 September 2009, pp. 46-47. 493 T. 10 September 2009, p. 46. 494 T. 10 September 2009, pp. 46-47; T. 11 September 2009, pp. 7-9. 495 T. 10 September 2009, p. 26, T. 11 September 2009 p. 3. 496 T. 11 September 2009, p. 1. 497 T. 10 September 2009, p. 26. 498 T. 11 September 2009, p. 2. 499 Phonetic spelling from transcript. 500 T. 10 September 2009, p. 27. 501 T. 10 September 2009, p. 31; T. 11 September 2009, p. 3. 502 T. 10 September 2009, pp. 30, 31; T. 11 September 2009, p. 3. 503 T. 10 September 2009, p. 30. 504 T. 11 September 2009, p. 4. See also T. 10 September 2009, p. 30. According to Witness CDL, Kanyarukiga also suggested that the assailants request reinforcements from other secteurs in the commune. 505 T. 11 September 2009, p. 5. See also T. 10 September 2009, p. 30. 506 T. 2 September 2009, p. 70; T. 4 September 2009, p. 4. 507 T. 4 September 2009, p. 16 (CS). 508 T. 3 September 2009, p. 65 (CS). 509 T. 3 September 2009, p. 66 (CS). 510 T. 3 September 2009, p. 68 (CS). The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 49
Judgement and Sentence 1 November 2010 215. During cross-examination, Witness CBK testified that “the meeting during which it was decided to disarm refugees was held at the parish.” 511 He then testified that, “on the 13 th of April, Father Seromba went to the communal office where a meeting had been held. But when they returned from the communal office, they held another meeting at the parish.” 512 216. Witness CBK confirmed that Defence Witness KG15 was at the Nyange Parish during April 1994. 513 Prosecution Witness CBR 217. Witness CBR testified that, on 13 April 1994, Ndungutse attended a meeting at the communal office along with Assistant Bourgmestre Gilbert Kanani and Presiding Judge Joseph Habiyambere. 514 Ndungutse later informed the witness and others that those at the meeting had talked about attacking the Nyange Parish. 515 After the meeting, Kanani and Habiyambere went to the parish with Father Seromba to assess whether those who had taken refuge at the parish were armed and capable of defending themselves. 516 Prosecution Witness YAU 218. Witness YAU testified that Father Seromba, Gaspard Kanyarukiga, Fulgence Kayishema, Grégoire Ndahimana, Nyange Conseiller Habarugira and Jean-Marie Vianney were at the Nyange Parish when she arrived. 517 Witness YAU testified that these persons were standing in front of the office of the secretariat in the parish compound. 518 “They seemed to be talking, to be discussing.” 519 The witness was not close enough to hear their conversation, but she testified that the distance between them was “not significant.” 520 Prosecution Witness CBS 219. Witness CBS testified that around 1.00 p.m. on Thursday, 14 April 1994, “the Hutus who were leading the commune” came to see Seromba at the Nyange Parish. 521 According to the witness, these people were Bourgmestre Grégoire Ndahimana, IPJ Kayishema, Brigadier Mbakirirehe, Assistant Bourgmestre Rushema and communal policemen. 522 The witness also saw Gaspard Kanyarukiga and Télesphore Ndungutse “at the priest’s.” 523 220. Witness CBS was outside the church in the courtyard, 524 and saw these men on the balcony “of the house where Father Seromba had his apartment.” 525 Witness CBS did not see the men arrive 511 T. 4 September 2009, pp. 4-5. The participants may have come from the communal office, but the meeting was held at the presbytery. See also T. 4 September 2009, p. 6. 512 T. 4 September 2009, p. 6. 513 T. 4 September 2009, p. 23 (CS). 514 T. 9 September 2009, pp. 7, 10. 515 T. 9 September 2009, p. 10. 516 T. 9 September 2009, pp. 10, 11. 517 T. 15 September 2009, p. 10. 518 T. 15 September 2009, p. 11. 519 T. 15 September 2009, p. 11. 520 T. 15 September 2009, p. 11. 521 T. 16 September 2009, pp. 48, 49, 50, 51; T. 17 September 2009, pp. 9, 10. 522 T. 16 September 2009, p. 48. 523 T. 16 September 2009, p. 50. According to the witness, Kanyarukiga was wearing a jacket that was not black, trousers and a shirt. T. 17 September 2009, p. 10. 524 T. 16 September 2009, pp. 51, 53, 61; T. 17 September 2009, p. 10. 525 T. 16 September 2009, pp. 51, 60, 61; T. 17 September 2009, p. 10. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 50
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