Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
345. Witness CBK recalled that on 15 April 1994, the leaders of the attacks, including Gaspard
Kanyarukiga, Christophe Mbakirire, Grégoire Ndahimana, IPJ Kayishema, Anastase Rushema and
others, arrived at the parish before midday and held a meeting. 869 According to Witness CBK, this
meeting was held in a room at the presbytery for approximately one and a half to two hours. 870
Witness CBK stated that after this meeting, these authorities left the presbytery and went opposite
the office of the secretariat of the parish where they talked to the Hutu assailants. 871 After these
“authorities” conferred with the assailants, the assailants launched grenades at the Tutsi in the
church and shot at the church. 872 Witness CBK saw Théophile Rukara on top of the Caritas
building, throwing a grenade at the Tutsi. 873 According to Witness CBK, some Tutsi died as a result
of this attack. 874 Among the assailants who fired shots at the church were policemen from Kivumu
commune. 875 The witness added further that Kanyarukiga had been carrying a firearm at that
time. 876
346. Witness CBK stated that the assailants attempted to set the Nyange Church ablaze using
petrol. 877 According to Witness CBK, the assailants spilled petrol on the windows and the doors of
the church. 878 The witness that the authorities were present during this attempt, 879 and he saw this
event from where he had been standing at the entrance to the presbytery. 880 Witness CBK testified
that the church was burnt but did not collapse, and this was the reason why the “authorities” sought
a machine or an engine to destroy the church. 881
347. Witness CBK testified that, prior to the attempted burning of the Nyange Church,
Kanyarukiga had gone to search for petrol at his pharmacy while Kayishema had gone to Kivumu
for this same reason. 882 Witness CBK said that Kanyarukiga left with the assailants, handed the fuel
to them and directed them as to where they had to throw fuel in order to burn the church. 883
348. Later on 15 April 1994, after the attempted burning of the Nyange Church, the authorities
went back into the meeting room at the presbytery between 2.30 p.m. and 3.00 p.m. 884 After this
meeting, at 4.00 p.m., a “machine for grading roads” arrived at Nyange Church. 885
Prosecution Witness CNJ
349. Witness CNJ said that on 15 April 1994, he went to Nyange Parish with a group of seven
people from his village, and on their way they met other persons heading for Nyange Parish. 886 The
group was transported by a communal truck, which dropped them at the Nyange Trading Centre,
opposite Kanyarukiga’s pharmacy. 887 Witness CNJ was armed with a club and a sword and said that
869 T. 3 September 2009, pp. 8-9.
870 T. 3 September 2009, p. 9.
871 T. 3 September 2009, p. 9.
872 T. 3 September 2009, pp. 9, 18.
873 T. 3 September 2009, p. 18.
874 T. 3 September 2009, p. 18.
875 T. 3 September 2009, p. 18.
876 T. 3 September 2009, p. 18.
877 T. 3 September 2009, p. 18.
878 T. 3 September 2009, p. 18.
879 T. 3 September 2009, p. 19.
880 T. 3 September 2009, p. 19.
881 T. 3 September 2009. p. 23.
882 T. 3 September 2009, pp. 19, 21.
883 T. 3 September 2009, p. 21.
884 T. 3 September 2009, pp. 20, 21.
885 T. 3 September 2009, p. 21.
886 T. 7 September 2009, p. 11.
887 T. 7 September 2009, pp. 11-12, 56.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 83