Hategekimana - JUDGEMENT & SENTENCE - Refworld

The Prosecutor v. Ildephonse Hategekimana, Case No. ICTR-00-55B-T
541. The Chamber observes that Father Rudahunga not only referred to the presence of armed
civilians and soldiers but also described their acts during the massacre. The Chamber is satisfied
that Mpakaniye informed Father Rudahunga that Hategekimana had ordered him to kill the
refugees. The Chamber finds that, after Hategekimana’s departure, the massacre started
immediately. It was led and supervised by the same Mpakaniye who had, on orders from
Hategekimana, led the search for Father Masinzo. He assembled the refugees in groups of five,
forced them from the church and delivered them to the armed civilians who had accompanied the
Accused to Ngoma Parish.
542. Although the parties do not agree on the identities of the attackers, the Chamber notes that
the manner in which the 30 April massacre was carried out does not seem to be disputed by the
parties. Indeed, the testimonies of Father Rudahunga and of Defence Witnesses ZML, BYQ and
MZA corroborate the fact that the attackers led the Tutsi refugees from the church in small groups,
took them to the fields adjoining the parish and killed them with traditional weapons. 1029
543. Witness BYQ also testified that Ngoma Camp soldiers were involved in the 30 April attack
on Ngoma Parish. BYQ did not participate in the attack and did not provide a first hand account.
However, while working in the Ngoma Camp canteen, he heard soldiers talk about the crimes they
had committed, on their return from the parish. The date of his conversation at the canteen with the
soldiers who perpetrated the massacre coincides with the date of the massacre perpetrated at the
parish. He heard them boasting about their exploits. He was an eyewitness to the looted property.
He personally saw Rutarihubwoba return with a motorcycle and other soldiers with watches taken
from the victims of the massacre. Witness BYQ specifically identified the soldiers who admitted
participating in the Ngoma Parish massacre as Corporals Rutarihubwoba, Rugumire, Rutareka and
Butera as well as soldiers Pacifique Niyozima, Gaspard Harerimana, Mahoro and Bitorwa.
544. While Witness BYQ was not an eyewitness to the massacre, he provided a credible and
consistent testimony that Ngoma Camp soldiers, - some of whom were his subordinates – were
involved in the Ngoma Parish attack.
545. The Chamber, however, notes that Witness BYQ was convicted by the Gacaca courts
although he was acquitted in February 2007. The Chamber holds that this incident does not affect
his testimony, which it found credible.
546. Defence Witness BYR provided a corroborative account that both soldiers and civilians
were involved in the Ngoma Parish massacre. Like Witness BYQ, he named Pacifique Niyozima as
one of the participating Ngoma Camp soldiers. He also stated that Fabien Niyonteze, Gatwaza,
Pacifique Niyonzema and Chinani Nsambimana participated in the attack.
547. The Chamber notes that Witness BYR did not indicate the source of his information.
Furthermore, he is currently detained in Rwanda for distributing weapons, erecting roadblocks and
participating in the attack on Ngoma Parish. Witness BYR is still in prison awaiting trial. He is a
potential accomplice of the Accused, and the Chamber will assess his testimony with caution. The
Chamber will therefore assess his statement with the necessary caution. While Witness BYR did not
1029 According to Father Rudahunga, a survivor reported that the soldiers handed over the refugees to armed civilians.
Witness BYQ testified that he heard soldiers from Ngoma Camp say that they had tricked the refugees into leaving
the church one by one, and that the Interahamwe subsequently killed them with traditional weapons. Witness MZA
testified that the refugees were killed outside the church by civilians and Interahamwe. According to Witness ZML,
Jacques Gatera had promised Father Rudahunga that he would take the refugees to the Préfecture office, where they
would be secure. The refugees were, however, killed by the civilians and Interahamwe with traditional weapons.
Judgement and Sentence 132 of 201 6 December 2010