Hategekimana - JUDGEMENT & SENTENCE - Refworld

The Prosecutor v. Ildephonse Hategekimana, Case No. ICTR-00-55B-T
305. The Chamber also notes that Rugomboka was not arrested, abducted and killed because he
was Tutsi, but rather because he was an RPF sympathizer. Witness ZVK even testified that
Rugomboka boasted about being an RPF member. In fact, during the night of 8 to 9 April, after
having checked the identity cards of members of his Tutsi family, Hategekimana withheld only that
of Rugomboka. No member of his Tutsi family at his home was abducted or killed. Moreover,
Hategekimana suspected Rugomboka of conniving with the RPF, which explains why his house
was searched for hidden weapons and other “objects” establishing that he was a RPF accomplice.
Thus, the Chamber finds that Rugomboka was murdered for political reasons.
306. Therefore, the Chamber is convinced beyond reasonable doubt that, following the attack
perpetrated by soldiers, civilians and Interahamwe, Rugomboka was abducted, tortured and
murdered during the night of 9 to 10 April 1994 by Ngoma Camp soldiers led by Hategekimana.
7. Speech of the Interim President Sindikubwabo at the Inauguration of Préfet
Nsabimana, Butare Préfecture, 19 April 1994
7.1 Overview of the Parties’ Accounts
307. The Prosecution alleges that, on 19 April 1994, Sylvain Nsabimana was sworn in as the new
Préfet of Butare at a ceremony held at the MRND Palace in Butare. In addition to several other
high-ranking officials, interim President Théodore Sindikubwabo attended the ceremony and
delivered an inflammatory speech calling upon the population of Butare to “follow the example of
the other préfectures” and to kill Tutsis. The Prosecution alleges that Hategekimana attended the
meeting and argues that, by virtue of his presence, he endorsed President Sindikubwabo’s speech
and agreed to pursue its aims. 501 Prosecution Witnesses Jérôme Masinzo, Laurien Ntezimana,
Sadiki Sezirahiga and BRU testified about this event.
308. The Defence does not dispute that President Sindikubwabo delivered an inflammatory
speech at the swearing-in ceremony on 19 April 1994, but denies that Hategekimana was present at
the meeting and accordingly refutes the allegation that Hategekimana supported the message
conveyed. The Defence argues that no criminal responsibility may arise in respect of this allegation.
Defence Witness MZA testified about this event. 502
7.2 Evidence
Prosecution Witness Jérôme Masinzo
309. On 19 April 1994, Father Masinzo, a Tutsi priest, was in Butare town and observed that the
road in front of the MRND Palace had been blocked by gendarmes. Father Masinzo assumed that a
meeting was taking place. He subsequently learned that indeed a meeting had been held and that
President Sindikubwabo had been present. 503 Later that evening, Father Masinzo heard President
Sindikubwabo’s speech, delivered at the ceremony, broadcast over the radio. Father Masinzo
understood the speech to be inflammatory. He stated, “[i]t was as if [President Sindikubwabo] was
authorising the people to kill Tutsis.” Father Masinzo further testified that in the days immediately
following President Sindikubwabo’s speech, killings escalated in Butare, including the Matyazo
area. 504
501 Indictment para. 13; Prosecution Pre-Trial Brief para. 68; Prosecution Closing Brief paras. 280-285.
502 Defence Closing Brief paras. 226-236.
503 T. 18 March 2009 p. 54; T. 19 March 2009 pp. 53-54.
504 T. 18 March 2009 pp. 54-55; T. 19 March 2009 p. 54.
Judgement and Sentence 76 of 201 6 December 2010