Judgement and Sentence - International Criminal Tribunal for Rwanda

Judgement and SentenceThe Prosecutor v. Ndindiliyimana et al, ICTR-00-56-TCHAPTER I: Overview of the Case1.1 Introduction1. This case concerns the role of four members of the Rwandan Army and Gendarmerienationale in the events in Rwanda between 6 April and 17 July 1994. These individuals are:Major General Augustin Ndindiliyimana, Chief of Staff of the Gendarmerie nationale; MajorGeneral Augustin Bizimungu, Commander of Operations for Ruhengeri secteur and Chief ofStaff of the Rwandan Army after 19 April 1994; Major François-Xavier Nzuwonemeye,Commander of the elite Reconnaissance (RECCE) Battalion; and Captain Innocent Sagahutu,Commander of Squadron A of the RECCE Battalion.2. In this overview, the Chamber will provide a brief account of each allegation in theIndictment, 1 along with a synopsis of its findings in relation to each allegation. The fullreasoning underlying the Chamber’s findings is set out in Chapters IV and V of theJudgement.1.1.1 Allegations Withdrawn and Acquittals Entered at the Close of the Prosecution’s Casein Chief3. At the close of the Prosecution’s case in chief, the Prosecution withdrew a number ofallegations described in various paragraphs of the Indictment and subject to acquittals by theChamber. These withdrawn allegations are contained in paragraphs 71, 72, 79, 92, 94, 95, 97and 98 of the Indictment. The Chamber also entered an acquittal for paragraph 66, which theProsecution did not willingly withdraw. The Prosecution failed to lead evidence on a numberof paragraphs, including some of the events relating to paragraphs 51, 54, 55, 56, 57, 58, 80and 85. The Chamber therefore did not consider any of the incidents in these paragraphs in itsverdict. These matters are detailed in Chapter II of the Judgement.1.1.2 Count 1: Conspiracy to Commit Genocide4. The Indictment alleges that the four Accused conspired among themselves and withother high-ranking Hutu civilian and military authorities to commit genocide against Tutsi. Inresponse, all Accused reject the allegation that they conspired to commit genocide.Nzuwonemeye, in addition, submits that the Indictment failed to plead with the requisitespecificity the allegations of conspiracy proffered against him.5. The Chamber has limited its findings to a determination of whether the four Accusedin this trial conspired to commit genocide against Tutsi based on the facts alleged in theIndictment. In so doing, the Chamber finds that the Prosecution failed to prove that theAccused engaged in a conspiracy to commit genocide.1.1.3 Counts 2 and 3: Genocide or in the Alternative Complicity in Genocide6. The Indictment alleges that Ndindiliyimana and Bizimungu are responsible as directperpetrators and superiors for genocide against the Tutsi population of Rwanda. In thealternative, the Indictment alleges that Ndindiliyimana and Bizimungu were complicit ingenocide.1 In this Judgement, the Indictment refers to the Prosecution’s Amended Indictment of 23 August 2004.17 May 2011 13/569