Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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Judgement and Sentence 1 November 2010 policemen fired at the church, and the assailants tried to break down the doors of the church using a caterpillar and other equipment. 908 He testified that the assailants were able to kill some people in the presbytery, but it was difficult to access those inside the church. 909 The witness said that around 250 to 300 people were killed on 15 April 1994. 910 353. Witness CNJ said that he and others were asked to remove bodies from the secretariat building. 911 He said that Kanyarukiga and Kayishema left the church to look for Rushema at the trading centre. 912 Witness CNJ knew Rushema as the deputy bourgmestre. 913 The bulldozer was first used to bury the bodies and was subsequently used to try and break down the doors of the Nyange Church. 914 The witness went on to note that the bodies were buried in the woods behind Caritas restaurant where the bulldozer was used to widen a pit latrine. 915 354. After the grenade attacks, Witness CNJ said that an axe had been sought from Kimaramzara’s place and was used to try and break the doors of the church. 916 The assailants also tried to use three pieces of dynamite to force open the main door, but these attempts were not successful. 917 355. Witness CNJ stated that after that, Kiragi, Théodomir, Kayishema and Arnold Nibarere brought fuel, and the assailants subsequently doused the church with fuel. 918 Witness CNJ further stated that the assailants destroyed the louvers of a window of the church and spilled petrol. 919 According to the witness, the flames went right up to the roof of the bell tower, and the Tutsi inside the church tried to put out the fire to defend themselves. 920 356. The fire petered out, and it was decided that “operations” would resume the following day. 921 Witness CNJ said that Kanyarukiga, Kayishema, Ndungutse, Habiyambere and a veterinarian known as Mudondore went and contacted Seromba. 922 He said that on this occasion it was decided that some people would guard the area to prevent the Tutsi who had not been killed from fleeing. 923 According to the witness the objective of the assailants was to totally exterminate the Tutsi, and it was necessary to mount guard to ensure that none of the Tutsi escaped. 924 Witness CNJ stated that Kayishema and Habiyambere convinced some assailants to remain behind while others left. 925 Witness CNJ said that when he was leaving, Kanyarukiga, who was armed with a pistol, Nishyirimbere and Rukara stopped the witness and others and asked them to go back to the church. 926 908 T. 7 September 2009, p. 18. 909 T. 7 September 2009, p. 18. 910 T. 7 September 2009, p. 28. 911 T. 7 September 2009, p. 19. 912 T. 7 September 2009, p. 19. 913 T. 7 September 2009, p. 22. 914 T. 7 September 2009, p. 19. 915 T. 7 September 2009, p. 21. 916 T. 7 September 2009, pp. 19-20, 31. 917 T. 7 September 2009, pp. 20, 31. 918 T. 7 September 2009, p. 20; T. 8 September 2009, pp. 2-3. 919 T. 7 September 2009, pp. 30-31. 920 T. 7 September 2009, p. 31. 921 T. 7 September 2009, p. 22. The witness did not specify who made this decision. 922 T. 7 September 2009, p. 22. 923 T. 7 September 2009, pp. 22-23. 924 T. 7 September 2009, p. 23. 925 T. 7 September 2009, p. 23. 926 T. 7 September 2009, p. 23. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 85
Judgement and Sentence 1 November 2010 357. Finally, Witness CNJ testified that, “[t]he person who could have prevented that action was the judicial police inspector, Kayishema, but these were the same people who were leading the operations.” 927 Other influential people like Kanyarukiga did nothing to stop the assailants. 928 Prosecution Witness CBY 358. Witness CBY testified that, on the morning of 15 April 1994, the “authorities” arrived and met with “the priest” for 60 minutes “upstairs”. 929 These authorities were Kayishema, Ndungutse, Grégoire Ndahimana, Théodomir and Kanyarukiga. 930 According to the witness, about two hours after their departure, a sizeable group of Hutu assailants came and had a major confrontation with the Tutsi at the parish. 931 359. Witness CBY recalled that the attack on the Tutsi on 15 April 1994 started at about 11.00 a.m. and ended at about 2.00 p.m. 932 The Hutu threw stones at the Tutsi, but the Tutsi were able to push the Hutu attackers back towards the Nyange marketplace by throwing stones in selfdefence. 933 The witness testified that before 12.00 p.m., a former reservist solider, who was named Théophile (nickname Rukara), climbed onto a building and threw a grenade at the Tutsi. 934 According to the witness, Rukara threw the grenade from the roof of a building of the lower side of the parish, not far from the Caritas building, near the house of someone called Vincent. 935 Witness CBY was outside the presbytery in the courtyard of the Nyange Church when the grenade was thrown. 936 The witness recalled that some of the Tutsi died on the spot, others lost their limbs and those who were not killed were subsequently killed by the Hutu assailants using clubs and machetes. 937 The Tutsi turned back and sought refuge in the church. 938 Those Tutsi who could not enter the church were killed by the Hutu who were pursuing them. 939 360. When the Tutsi had entered the church, the Hutu assailants attempted to set the church on fire but were not successful. 940 They then placed a ladder near a window of the church and sprayed the church with fuel, but they were unable to set the church on fire. 941 After attempting to set the church on fire, Kayishema and Kimaranza went to look for a bulldozer to demolish the church. 942 According to the witness, Kanyarukiga did not go with them and remained “there”. 943 Once the bulldozer arrived at the church, it attempted to demolish the church but was not able to do so in one evening. 944 The witness did not know who ordered the demolition of the church. 945 However, he 927 T. 7 September 2009, p. 22. 928 T. 7 September 2009, p. 22. 929 T. 8 September 2009, p. 45. It is noted that the English transcript refers to 14 April, but it is clear from the context that the witness is talking about the next day. In addition, the French transcript refers to 15 April. French Transcript, T. 8 September 2009, p. 52. 930 T. 8 September 2009, pp. 45-46. 931 T. 8 September 2009, p. 45. 932 T. 8 September 2009, p. 46. 933 T. 8 September 2009, p. 46. 934 T. 8 September 2009, p. 46; T. 14 September 2009, pp. 17, 19. 935 T. 14 September 2009, p. 17. Note that the English transcript says “Caratis”, whereas the French transcript says “Caritas”. French Transcript, T. 8 September 2009, p. 19. 936 T. 14 September 2009, p. 19. The witness noted that he was between 100 and 200 metres away. 937 T. 8 September 2009, p. 46. 938 T. 8 September 2009, p. 46. 939 T. 8 September 2009, p. 46. 940 T. 8 September 2009, p. 47. 941 T. 8 September 2009, p. 47. 942 T. 8 September 2009, p. 47; T. 14 September 2009, p. 20. 943 T. 14 September 2009, p. 20. 944 T. 8 September 2009, p. 47. 945 T. 8 September 2009, p. 47. The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 86
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