Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 Prosecution Witness YAU 283. Witness YAU testified that she saw Kanyarukiga every day that she was at the parish. 698 She testified that it was “Kanyarukiga’s group that led the attacks which took place at the church.” 699 284. Witness YAU testified that, the day after she arrived at the Nyange Parish, 700 Fulgence Kayishema and Gaspard Kanyarukiga asked the displaced Tutsi to give them money so that Kayishema and Kanyarukiga could buy food for those hiding at the church. 701 The two men walked around the compound and took money from the Tutsi. 702 Witness YAU personally heard Kayishema and Kanyarukiga ask people for money. 703 She testified that she gave Kayishema 100 francs and that her father also gave the men some money. 704 “It was in our own interest [to give them money] because we were hungry.” 705 According to the witness, Kayishema and Kanyarukiga were the only people to collect money from the Tutsi at the church. 706 Father Seromba was present, but he never took any money. 707 Witness YAU and the other displaced persons did not receive any food from Kayishema or Kanyarukiga. 708 The witness denied that the Tutsi were asked for money on more than one occasion. 709 285. On another occasion, a nun named Sister Jean, also known as Mama Yohani, tried to give some rice and beans to those who had sought refuge at the church. 710 Mama Yohani brought the food out to the Tutsi, but Kayishema and Kanyarukiga threw it on the ground. 711 The witness could not remember the day on which this occurred. 712 286. Witness YAU testified that, the day after she arrived, the Nyange Parish was attacked. 713 The assailants were covered in banana leaves and armed with traditional weapons. 714 She testified that these Hutu assailants intended to kill the Tutsi who were hiding at the church. 715 The witness testified that the Tutsi threw stones at the attackers to repel them. 716 The assailants advanced towards the church, but Father Seromba intervened and stopped them from attacking the Tutsi. 717 698 T. 15 September 2009, p. 44. 699 T. 15 September 2009, p. 44. 700 Based on her account of the time she spent at the Nyange Parish, the Chamber has inferred that Witness YAU is referring to 14 April 1994. 701 T. 15 September 2009, pp. 12, 40. Witness YAU testified that, the same day, she and others who had sought refuge at the parish asked Father Seromba to give them water to drink. According to the witness, Father Seromba told them that there was no need to look for water because they “had to die in any case.” T. 15 September 2009, p. 12. 702 T. 15 September 2009, p. 13. 703 T. 15 September 2009, p. 13. 704 T. 15 September 2009, pp. 13, 40. 705 T. 15 September 2009, p. 13. She made clear that no one took money from them by force. T. 15 September 2009, p. 40. 706 T. 15 September 2009, pp. 40-41. 707 T. 15 September 2009, p. 40. Father Seromba did not prevent Kayishema and Kanyarukiga from taking money. 708 T. 15 September 2009, pp. 12, 40. 709 T. 15 September 2009, p. 42. 710 T. 15 September 2009, pp. 14, 42. 711 T. 15 September 2009, p. 14. 712 T. 15 September 2009, p. 42. 713 T. 15 September 2009, pp. 14-15. At first the witness says the small attacks happened on the day she arrived at the parish, but then she stated that was after she had spent one night in the church. See also T. 15 September 2009, p. 16. 714 T. 15 September 2009, pp. 14-16. According to the witness, the attackers looked like traditional intore dancers. T. 15 September 2009, pp. 16, 44. 715 T. 15 September 2009, p. 16. 716 T. 15 September 2009, pp. 15, 16. 717 T. 15 September 2009, p. 16. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 67
Judgement and Sentence 1 November 2010 According to the witness, Seromba told the attackers that they were too few or that their numbers were not sufficient. 718 287. Witness YAU testified that several of those who sought refuge at the Nyange Parish brought sticks with them to the church. 719 “[S]ome days” after Witness YAU’s arrival, “Father Seromba, accompanied by two gendarmes, came and … collected those sticks so that the gendarmes could ensure our safety.” 720 She saw the gendarmes take the sticks away but could not recall the day on which this occurred. 721 Prosecution Witness CBS 288. Witness CBS testified that, All refugees arriving at the parish were not carrying any weapons. They were not carrying traditional weapon [sic]. They were not carrying firearms. There were gendarmes who were at the parish. So when a refugee would arrive there with a tradition[al] weapon, the gendarmes would ask the refugee to put the weapon on the ground … before entering into the church square or before going to the presbytery. 722 289. Witness CBS denied that the Tutsi who had taken refuge in the church were disarmed. 723 290. Witness CBS testified that, after the Tutsi sought refuge at the Nyange Church, they could not leave the church compound. 724 According to the witness, “the gendarmes who were protecting us were not even allowing us to go buy bread or any other food from the store that was nearby.” 725 The gendarmes were already at the parish when the witness arrived. 726 291. Witness CBS testified that there were small-scale attacks on the Nyange Church on 12, 13 and 14 April 1994, but the Tutsi were able to push back the attackers. 727 292. Witness CBS testified that those who sought refuge in the church asked Father Seromba for food because they were hungry. 728 When Father Seromba refused, some Tutsi tried to collect bananas from the parish banana plantation. 729 According to the witness, Father Seromba asked the gendarmes who were posted at the parish to “shoot at any Tutsi who would venture or dare go into 718 T. 15 September 2009, pp. 14, 15. 719 T. 15 September 2009, p. 14 (“[T]hey had walking sticks and some others had big sticks.”). She denied that those who had taken refuge at the church had machetes. T. 15 September 2009, p. 39. 720 T. 15 September 2009, pp. 14, 39. The witness explained that the gendarmes were permanently posted at the church and that they were already there when she arrived. Witness YAU denied seeing policemen at the parish. T. 15 September 2009, pp. 39-40. 721 T. 15 September 2009, p. 14. 722 T. 17 September 2009, p. 11. 723 T. 17 September 2009, pp. 11-12 (“That operation never took place. I told you, no refugee had that traditional weapon inside the church. So that operation never took place.”). 724 T. 16 September 2009, p. 48. 725 T. 16 September 2009, p. 48. 726 T. 16 September 2009, p. 48. 727 T. 17 September 2009, p. 10. 728 T. 16 September 2009, pp. 45, 46. 729 T. 16 September 2009, pp. 45, 46. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 68
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