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The Prosecutor v. Ildephonse Hategekimana, Case No. ICTR-00-55B-T Prosecution Witness BYQ 506. Prosecution Witness BYQ, a Hutu, was a corporal based at the Ngoma Camp in April 1994. 937 He heard of the killings at the Ngoma Parish in late April 1994 from the soldiers who had perpetrated the crimes. 938 507. The witness testified that on the day of the attack, he was acting as duty officer and his duties included providing rations to the soldiers. 939 Soldiers spoke to him about the attack on the Ngoma Parish when he provided them with their meal upon their return to the camp. 940 Among the participating soldiers he named Corporal Rutarihubwoba, Pacifique Niyozima, Gaspard Harerimana, Corporal Rugumire, Corporal Rutareka, Corporal Butera, Mahoro, and Bitorwa. 941 The witness learned that, because these soldiers did not want to kill the refugees inside the church, they tricked them into leaving the sanctuary. 942 The Interahamwe then led away and killed the refugees with machetes and clubs. 943 No firearm was used, as the soldiers were present only to supervise “the work” of the Interahamwe. 944 BYQ recalled that some of the returning soldiers were boastful about their exploits, while others “were sad because of what had happened.” 945 508. Witness BYQ stated that “if the soldiers had not been there, the Interahamwe would not have had the courage to massacre those Tutsis.” 946 He testified that Corporal Rutarihubwoba returned to camp with a “big Honda motorcycle,” while other soldiers brought back watches. 947 The soldiers told the witness that, after leaving Ngoma Camp around 10.00 a.m. that morning, they proceeded to Ngoma Parish, where they killed Tutsis until approximately 2.00 p.m. 948 The witness inferred that the soldiers travelled to Ngoma Parish on foot because the distance between the camp and the parish was less than one kilometre and he did not see them return in a vehicle. 509. According to Witness BYQ, the soldiers told him of their participation in the massacre because he was “an old corporal,” and most of them were his subordinates. 949 They also told him that the Accused and Second Lieutenant Fabien Niyonteze were at the site during the killings. 950 The witness inferred that Second Lieutenant Fabien Niyonteze was present because the Accused had “assigned him as the leader of the group of soldiers who committed the massacres.’’ 951 Witness BYQ stated that, had the soldiers acted without the commander’s knowledge, they would have been punished. He also testified that he was fortunate not to have been selected for the Ngoma Parish attack because he would have had to obey orders. 952 Witness BYQ recognized Hategekimana in the courtroom. 953 937 Prosecution Exhibit P.11; T. 31 March 2009 pp. 31-32, 37. 938 T. 31 March 2009 pp. 41, 48. The witness could not provide a precise date. 939 T. 1 April 2009 p. 29. 940 T. 1 April 2009 p. 29. 941 T. 31 March 2009 p. 41. 942 T. 31 March 2009 p. 43. 943 T. 31 March 2009 pp. 40, 42, 43. 944 T. 31 March 2009 p. 43. 945 T. 31 March 2009 pp. 39, 47. 946 T. 31 March 2009 p. 43. 947 T. 31 March 2009 p. 44. 948 T. 31 March 2009 pp. 43. 47. 949 T. 31 March 2009 p. 49. 950 T. 31 March 2009 pp. 43, 47, T. 1 April 2009 pp. 27, 28. 951 T. 31 March 2009 pp. 27, 28. 952 T. 31 March 2009 pp. 43, 41. 953 T. 31 March 2009 pp. 43, 46, 47. Judgement and Sentence 124 of 201 6 December 2010
The Prosecutor v. Ildephonse Hategekimana, Case No. ICTR-00-55B-T Prosecution Witness BYR 510. Witness BYR, a Hutu man, was a soldier stationed at Ngoma Camp from March to July 1994 954 after being wounded at the war front. 955 The witness testified that refugees were killed at Ngoma Parish on 30 April 1994. 956 He did not witness the killings, but he visited the scene much later, after the attack. 511. According to Witness BYR, the attackers were civilians and soldiers. 957 He knew the names of four soldiers of Ngoma Camp who participated in the killings, namely Fabien Niyonteze, Gatwaza, Pacifique Niyonzima and Chinani Nsambimana. 958 According to the witness, there were other soldiers of Ngoma Camp who also participated in the attack, but whose names he could not remember. 959 Witness BYR testified that as Commander of Ngoma Camp, the Accused had to have been aware of the acts that were being perpetrated by soldiers of his camp. Although he did not witness the orders being given explicitly by the camp commander, Witness BYR believed that it was the military hierarchy who issued the orders to the soldiers. 960 Defence Witness ZML 512. Witness ZML, a Tutsi man, was 24 years of age and worked as a “motorcycle taxi” driver in Ngoma Commune in April 1994. 961 His mother was Tutsi, and his father was from Uganda. However, the witness testified that, for security reasons, the reference in his identity card was Hutu. 962 513. Witness ZML participated in a massacre of Tutsis at Ngoma Parish towards the end of April 1994. 963 He described two attacks on the parish. During the first attack, refugees hiding within the parish repelled the attackers by throwing stones. 964 The assailants then sought reinforcements. 965 They called in young people from all the cellules in the neighbourhood to join the attack, under pain of being classified as enemies. 966 As part of the first attack, the witness attended preparatory meetings to demonstrate his support them and to avoid being viewed with suspicion. 967 During that meeting, participants discussed the plan for the attack on the parish. The witness testified that the group of attackers was composed of ordinary members of the population from Ngoma, Matyazo, Huye and Mpare and also of Interahamwe from Butare who were members of Kajuga’s escort. 968 954 T. 9 April 2009 p. 9. 955 T. 9 April 2009 pp. 45, 46. 956 T. 9 April 2009 pp. 38, 39. 957 T. 9 April 2009 pp. 38, 39. 958 T. 9 April 2009 pp. 38, 39. 959 T. 9 April 2009 pp. 38, 39. 960 T. 9 April 2009 pp. 38, 39. 961 T. 22 June 2009 pp. 12, 13, 27. 962 T. 22 June 2009 pp. 12, 27. The witness explained that his father was from Uganda, but that for security reasons, he had asked his children to have it inserted in their identity cards that they were Hutu. But he indicated that he was actually of the Tutsi ethnic group, like his mother. 963 T. 22 June 2009 pp. 17, 18. The witness could not recall the exact date of the massacre 964 T. 22 June 2009 pp. 18, 19, 36, 37, 40. 965 T. 22 June 2009 pp. 18, 19, 36, 37, 40. 966 T. 22 June 2009 pp. 19, 37; T. 23 June 2009 p. 4. 967 T. 22 June 2009 p. 18. 968 T. 22 June 2009 pp. 19-21. The witness seems to have identified his neighbour, Jacques Gatera, as the leader. Judgement and Sentence 125 of 201 6 December 2010
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International Criminal Tribunal for
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The Prosecutor v. Ildephonse Hatege
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1.1.2 General Challenges to the Ind
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Page 73 and 74: The Prosecutor v. Ildephonse Hatege
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DISSENTING OPINION OF JUDGE MASANCH
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ANNEX B: CITED MATERIALS AND DEFINE
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DEFINED TERMS AND ABBREVIATIONS CDR
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