Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
paragraph. The Chamber has addressed the potential notice issues raised in relation to these events
in its factual findings below.
8. Based on the evidence adduced at trial, the Chamber has found that the general allegation in
this paragraph of the Amended Indictment is established beyond reasonable doubt. The Chamber
has also found that, on 13 April 1994, Hutu assailants attacked the Tutsi civilians who had taken
refuge at the Nyange Church. Sticks and machetes were also confiscated from the Tutsi on that day.
The Chamber finds it has been established that, on 14 April 1994, Hutu assailants surrounded and
attacked the Tutsi at the Nyange Parish, but the Tutsi were able to repel the attacks. Finally, it has
been established beyond reasonable doubt, that after 12 April 1994, gendarmes were posted at the
Nyange Parish, and Father Seromba instructed them to shoot any Tutsi who tried to take bananas
from the parish banana plantation. As explained below, the Prosecution failed to establish beyond
reasonable doubt all other allegations of criminal or incriminating conduct prior to 15 April 1994.
Attacks and killings on the morning of 15 April 1994 at Nyange Parish
9. The Amended Indictment alleges that on the morning of 15 April 1994, Kanyarukiga,
Kayishema, Ndungutse and Ndahimana ordered and instigated the attacks on Tutsi civilians at the
Nyange Parish. Allegedly these attacks included stones, traditional weapons and grenades which
killed and wounded many Tutsi.
10. Three Prosecution witnesses provided convincing and largely corroborated accounts of
Kanyarukiga’s presence at the Nyange Parish and the Nyange Trading Centre, close to the parish,
during the morning of 15 April 1994. The Chamber has found these accounts to be credible. A
number of Defence witnesses did not see Kanyarukiga at the Nyange Parish or the Nyange Trading
Centre on 15 April 1994. The Chamber however, has not found that these accounts cast doubt on
the Prosecution evidence.
Attacks, killings and attempted burning of Nyange Church later on 15 April 1994
11. According to the Amended Indictment, the attackers turned their focus to the Nyange
Church later on 15 April 1994, with gunfire and dynamite. It is alleged that Kanyarukiga and others
were present and that they ordered, instigated and supervised the attackers as well as aided and
abetted the attackers by providing them with weapons and gasoline.
12. The Chamber has found the largely corroborated accounts of two Prosecution witnesses
regarding Kanyarukiga’s presence during the attacks and prior to the attempted burning of Nyange
Church on 15 April 1994 to be credible. Two Prosecution witnesses provided accounts of
Kanyarukiga’s presence at the Nyange Parish after the attempted burning of the church and his
participation in a discussion with Kayishema about the possible demolition of the church. The
Chamber has found one of these witnesses credible and has therefore accepted the evidence of both
witnesses on this point. The Chamber does not consider the Defence evidence to cast doubt on the
testimony of these witnesses.
Meeting at CODEKOKI on the morning of 16 April 1994
13. The Amended Indictment alleges that on the morning of 16 April 1994, Kanyarukiga and
others held a meeting at the CODEKOKI building where the destruction of the Nyange Church and
the killing of the Tutsi inside it were planned and agreed to.
14. The Prosecution led no evidence to support this allegation. Rather, the Prosecution has
relied on one witness who provided evidence of a meeting, which Kanyarukiga allegedly attended
outside his pharmacy on the morning of 16 April 1994. The Chamber has disregarded this evidence
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 3