Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

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