Hategekimana - JUDGEMENT & SENTENCE - Refworld

The Prosecutor v. Ildephonse Hategekimana, Case No. ICTR-00-55B-T
to be the appropriate sentence for the direct participation, except for the rapes of three persons, in
genocide, murder and rape as crimes against humanity, and murder and rape as serious violations of
Article 3 Common to the Geneva Conventions, at four massacre sites. 1322 Renzaho was the Préfet of
Kigali-Ville and a colonel in the Rwandan Army and therefore was clearly an important and
influential authority of the Rwandan government. 1323 In Seromba, the Appeals Chamber decided to
increase the sentence handed down in the first trial from 15 years to life imprisonment after having
granted one count of the Prosecution’s appeal regarding the destruction of a church where 1,500
refugees died or were seriously injured. This act was considered in appeal as a crime of genocide
and not only as constituting the crime of extermination. He was therefore convicted of both
genocide and extermination for his role in the destruction of the church. Given the extraordinary
gravity of the crimes, the Appeals Chamber therefore imposed on the Accused a sentence of
imprisonment for the remainder of his life. 1324 In Gacumbitsi, the Appeals Chamber also increased
the Accused’s previous conviction of 30 years to life imprisonment. In reaching its conclusion, the
Appeals Chamber noted that Gacumbitsi played a central role in planning, instigating, ordering,
committing, and aiding and abetting genocide and extermination in his Commune of Rusumo,
where thousands of Tutsis were killed or seriously harmed. 1325
3.2 Individual, Aggravating and Mitigating Factors
740. The Chamber has wide discretion in determining what constitutes mitigating and
aggravating circumstances and the weight to be accorded thereto. Whilst aggravating circumstances
need to be proved beyond reasonable doubt, mitigating circumstances need only be established on a
balance of probabilities. 1326 Any particular circumstance that is included as an element of the crime
for which the Accused is convicted will not also be considered as an aggravating factor. 1327
741. The Prosecution submits that the aggravating factors against Hategekimana include: his
position; his premeditation; his direct participation as a perpetrator; the violent and humiliating
nature of his acts and the vulnerability of his victims; and the duration of the offences and suffering
of his victims. 1328 The Chamber notes that it is well established in the ICTR and ICTY’s
jurisprudence that the manner in which the accused exercised his command or the abuse of an
accused’s personal position in the community may be considered as an aggravating factor. 1329
742. The Appeals Chamber has held that an accused’s abuse of his superior position or influence
may be considered as an aggravating factor. 1330 The Chamber notes Hategekimana’s position as the
de jure and de facto Commander of the Ngoma Camp. The influence he derived from his position
and his local status made it likely that others would follow his example, which is an aggravating
factor. 1331
1322 Renzaho Trial Judgement paras 812, 825-826.
1323 Renzaho Trial Judgement paras. 1, 819.
1324 Seromba Appeal Judgement paras. 238-239.
1325 Gacumbitsi Appeal Judgement paras 204-205.
1326 Simba Appeal Judgement para. 328; Nahimana et al. Appeal Judgement para. 1038.
1327 Ndindabahizi Trial Judgement para. 502; Semanza Trial Judgement para. 571.
1328 Prosecution Closing Brief para. 546.
1329 Seromba Appeal Judgement para. 230; Aleksovski, Appeal Judgement para. 183; Kayishema and Ruzindana, Appeal
Judgement paras. 357-358; Ntakirutimana Appeal Judgement para. 563; Kamuhanda Appeal Judgement paras. 347-
348; Bisengimana Trial Judgement para. 120; Serugendo Trial Judgement para. 48; Ndindabahizi, Appeal Judgement
para. 136.
1330 Simba Appeal Judgement paras. 284-285.
1331 Semanza Appeal Judgement para. 336.
Judgement and Sentence 178 of 201 6 December 2010