Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
approached Witness CDK and those he was with (the witness used the word “us”) and asked them
to prepare themselves and collect stones so they would be able to fight the Tutsi who had stones for
the attack. 1094 In the meantime, Seromba, Ndahimana and the gendarmes went to the presbytery. 1095
395. Witness CDK recounted that, during the time when stones were being thrown, he saw
Kanyarukiga talking with Théophile Rukara. 1096 After that “encounter”, someone was sent to look
for a ladder from Kanyarukiga’s pharmacy. 1097 A ladder was brought, and Rukara climbed up on the
roof of a house and threw grenades. 1098 Witness CDK testified that the grenades were thrown at the
group of Tutsi, and this was the point where killing of Tutsi began. 1099
396. Witness CDK estimated that there were more than 800 attackers in the courtyard of the
church at around 2.00 p.m. 1100 The witness saw Kanyarukiga moving amongst the members of the
population “giving them instructions” and in the company of Kayishema and Ndahimana. 1101
Kanyarukiga said that the witness and those he was with, had to fight the inyenzi and show that they
were brave young people. 1102 Witness CDK testified that injured Hutu assailants were treated at
Kanyarukiga’s pharmacy. 1103
397. Prior to the attempt to burn the Nyange Church, Witness CDK testified that he again saw
Kanyarukiga in front of the secretariat of the Nyange Parish where Kanyarukiga was talking to
Father Seromba. 1104 At the time, Witness CDK recounted that he was two metres away from
Kanyarukiga when he heard Kanyarukiga telling Father Seromba that the church had to be
demolished to kill the inyenzi. 1105 Shortly after this, Kayishema arrived and agreed with
Kanyarukiga’s suggestion that the church be demolished. 1106 After this exchange, the attacks
continued and the communal policemen shot at those taking refuge in the Nyange Church. 1107 Some
attackers poured petrol on the church and others were throwing projectiles at those in the church. 1108
The witness recalled that a certain “Arnold” used a “spray” to put petrol on the church. 1109
According to Witness CDK, Arnold and another person, who had a matchbox, tried to destroy the
church by setting it on fire. 1110 Witness CDK saw this attempt to destroy the church from about ten
metres away. 1111
1094 T. 16 September 2009, p. 6.
1095 T. 16 September 2009, pp. 6, 26-27, 28. The witness could not say at which time this happened because it was
difficult for him to remember, and he did not wear a watch at that time.
1096 T. 16 September 2009, p. 6.
1097 T. 16 September 2009, p. 6.
1098 T. 16 September 2009, p. 6.
1099 T. 16 September 2009, pp. 6, 28-29.
1100 T. 16 September 2009, p. 32.
1101 T. 16 September 2009, pp. 6-7.
1102
T. 16 September 2009, p. 7. When Kanyarukiga was speaking Witness CDK was “right near him”, and Witness
CDL was not the only one who heard Kanyarukiga say these words.
1103 T. 16 September 2009, p. 7. During cross-examination, Defence Counsel suggested that the pharmacy was closed
from 14 April 1994 and that Witness CDK’s testimony was not true. Witness CDK responded that he did not agree with
this. T. 16 September 2009, p. 40.
1104 T. 16 September 2009, p. 8.
1105 T. 16 September 2009, p. 8.
1106 T. 16 September 2009, p. 8.
1107 T. 16 September 2009, p. 8.
1108 T. 16 September 2009, p. 8.
1109 T. 16 September 2009, p. 8.
1110 T. 16 September 2009, p. 8. Witness CDK had forgotten his name but remembered that he gave the name in his
testimony in the Seromba case.
1111 T. 16 September 2009, p. 35.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 95