Kanyarukiga - JUDGEMENT AND SENTENCE - Refworld

Judgement and Sentence 1 November 2010
398. Witness CDK testified that he saw Kanyarukiga board a vehicle with Kayishema and head
towards Myungu. 1112 Upon their return, 45 to 50 minutes later, they were accompanied by a
bulldozer (or Caterpillar as the witness also referred to it), which was used to pick up the bodies of
the Tutsi who had been killed. 1113 These bodies were buried below the building that contained the
Caritas office. 1114
399. Witness CDK testified that more than 200 attackers from Kibilira arrived at the church at
around 4.00 p.m. 1115 The witness left immediately after these assailants arrived. 1116
Prosecution Witness CBS
400. On the morning of 15 April 1994, Witness CBS recalled a large-scale attack that was
launched on the Nyange Church by Hutu assailants. 1117 Before 9.00 a.m., there was panic at the
church because the Tutsi saw people arriving from “everywhere”, including the neighbouring hills,
and these people were armed with machetes, clubs and other weapons. 1118 A group of assailants
came from Kivumu and was led by Gaspard Gatwaza. 1119 Others came from Rukuko and other
places; some assailants arrived at the church in vehicles that belonged to the Astaldi Company. 1120
The witness asserted that the “officials” ordered the vehicles to transport the assailants to the
church. 1121 The attack started around 9.00 a.m., and the attackers covered themselves in banana
leaves. 1122 The communal policemen and gendarmes were wearing their usual uniforms. 1123 Witness
CBS testified that the gendarmes said that the Tutsi would have to defend themselves. 1124 Witness
CBS stated that the attackers were armed with machetes and clubs. 1125 The Tutsi did not have
traditional weapons, so they fought back by throwing stones at the Hutu. 1126 The assailants were
shouting loudly, “[e]xterminate them all. Let no one escape.” 1127
401. The witness recalled that Grégoire Ndahimana, Kanyarukiga and IPJ Kayishema led the
attackers. 1128 In particular, Witness CBS saw IPJ Kayishema, Bourgmestre Ndahimana, Rushema
and Kanyarukiga near the Statue of the Virgin Mary having a meeting in the morning. 1129 Witness
CBS testified that he believed Kanyarukiga was leading the attacks because Kanyarukiga was at the
church with the “other officials” and was watching the events unfold but did nothing to stop the
killings. 1130 The witness said, “the bourgmestre in his commune had full powers to stop any
reprehensible act.” 1131
1112 T. 16 September 2009, pp. 8, 36.
1113 T. 16 September 2009, pp. 8, 36.
1114 T. 16 September 2009, pp. 8-9.
1115 T. 16 September 2009, p. 36.
1116 T. 16 September 2009, p. 36.
1117 T. 16 September 2009, pp. 54-55; T. 17 September 2009, pp. 10-11.
1118 T. 17 September 2009, p. 13.
1119 T. 16 September 2009, p. 54.
1120 T. 16 September 2009, pp. 54-55, 56, 58. According to the witness, it was a German company called Astaldi. T. 16
September 2009, p. 58.
1121 T. 16 September 2009, p. 56.
1122 T. 16 September 2009, pp. 55, 57; T. 17. September 2009, pp. 13, 15.
1123 T. 16 September 2009, p. 57.
1124 T. 16 September 2009, p. 57; T. 17 September 2009, p. 13.
1125 T. 16 September 2009, p. 56.
1126 T. 16 September 2009, p. 57.
1127 T. 16 September 2009, p. 57.
1128 T. 16 September 2009, p. 56.
1129 T. 17 September 2009, pp. 12, 14. Witness CBS testified that he could see from the church grounds to the Statue of
the Virgin Mary on that day. T. 17 September 2009, p. 15.
1130 T. 16 September 2009, pp. 56, 58.
1131 T. 16 September 2009, p. 56.
The Prosecutor v. Gaspard Kanyarukiga, Case No. ICTR-2002-78-T 96