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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
Judgement and Sentence 1 November 2010 all the other assailants were armed. 888 Witness CNJ estimated that the number of assailants was approximately 4000 on 15 April 1994. 889 350. Witness CNJ said that they arrived between 11.00 a.m. and 1.00 p.m. and were received by Ndahimana, Kayishema, Ndungutse, Kiragi and Habiyambere. These men congratulated them for coming as reinforcement. 890 Ndahimana welcomed the assailants and requested that they cover their bodies with banana leaves so as to distinguish themselves from the Tutsi taking refuge in the church. 891 Witness CNJ further mentioned that Ndahimana assured him and the other assailants that if they were wounded, Kanyarukiga had given the assurance that they would be treated at his pharmacy free of charge. 892 When Ndahimana said this, Kanyarukiga was present and did not contradict what Ndahimana said. 893 The witness took this silence to be support for Ndahimana’s statement. 894 Witness CNJ said that a person called Gatake and another called Sebera were treated at Kanyarukiga’s pharmacy. 895 351. Following this, Witness CNJ recalled that Kayishema led the assailants to where they would attack the Tutsi at Nyange Parish and reinforce the attackers who were already present. 896 The witness testified that the Tutsi were defending themselves with stones. 897 The attackers were also supplied with stones. 898 According to Witness CNJ, Kanyarukiga was among the attackers. 899 Witness CNJ said that during the attacks, the assailants would chase Tutsi up to the Nyange Parish while those Tutsi taking refuge in the Nyange Church would repel the assailants to the main Gitarama – Kigali road. 900 The witness recalled that he and other assailants tried to reinforce the attackers who were already engaged with the Tutsi, but were overpowered because the Tutsi were in a better position and, at this point, were stronger than the Hutu. 901 Kayishema then adopted the strategy of sending some people to throw grenades at the Tutsi. 902 At about 2.00 p.m., Théophile Rukara threw grenades from the rooftop of a building opposite the Caritas restaurant and close to the pharmacy. 903 352. Witness CNJ recalled that some Tutsi were killed as a result of this attack; the rest withdrew to the Nyange Parish, where they took refuge in the church and the presbytery, and the Hutu assailants followed. 904 He recounted that those Tutsi who could not enter the church or presbytery were killed in the yard in front of the church. 905 Witness CNJ said that Father Seromba prevented the assailants from forcibly entering the presbytery. 906 After the attack, Habiyambere, Kayishema, Ndungutse and Kanyarukiga were at the parish, but the bourgmestre had left because a member of his family had died. 907 Witness CNJ said that after the Tutsi barricaded themselves in the church, 888 T. 7 September 2009, p. 15. 889 T. 7 September 2009, p. 15. 890 T. 7 September 2009, pp. 12, 13, 56. 891 T. 7 September 2009, p. 13. 892 T. 7 September 2009, p. 13. 893 T. 7 September 2009, p. 13. 894 T. 7 September 2009, pp. 13, 63-64. 895 T. 7 September 2009, p. 13. 896 T. 7 September 2009, p. 15. 897 T. 7 September 2009, p. 12. 898 T. 7 September 2009, p. 56. 899 T. 7 September 2009, p. 15. 900 T. 7 September 2009, p. 56. 901 T. 7 September 2009, p. 15. 902 T. 7 September 2009, pp. 15-16, 74-75. 903 T. 7 September 2009, pp. 16, 56, 75. 904 T. 7 September 2009, pp. 16, 17. 905 T. 7 September 2009, pp. 16, 17. 906 T. 7 September 2009, p. 19. 907 T. 7 September 2009, p. 17. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 84
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