and called Tabita from there. He asked her where Alexia was, and she said she did notknow. Witness N testified that Tabita was then taken in the vehicle back to the mine.There, she said, they made her get out and told her to get in front of the vehicle. TheAccused threatened to run her over and again asked her <strong>for</strong> the whereabouts of the peoplein question. She said Tabita was afraid and said that they had hidden in a sorghum fieldbut that she did not know where they were. According to her testimony, Witness N wasthen told by the Accused that she was a "poisonous woman" and that she had hiddenthese people. She said they then began to strike her with their gun[s].394. Witness N said that she and Tabita were then taken in the vehicle to a roadblock,where they picked up Victim Z, and they were then taken to Gishyeshye Sector. WitnessN testified that she was at this time "almost dead" from the beating she had suffered.When they arrived, Witness N said she was thrown on the road, next to Victim Z, andthey began to beat him with a club. She said the Accused then instructed Victim Z to beather. She said Victim Z stood up and began to beat her, and that he beat her several timeson her leg with a club. During this time, she testified that the Accused was standing nextto them near the vehicle. Witness N said her hands were then tied in the back with a pieceof cloth, the other end of which was used to strangle Victim Z. She said they tightenedthe cloth, and his eyes almost came out of their sockets. Victim Z then said that hethought he knew who had hidden Alexia. She said [they] then started hitting him again,very hard, and the Accused asked [him] to hit her hard, to make her talk. Witness N saidshe threatened to bite [him] if [he] continued to hit her.395. Witness N testified that she was then taken in the vehicle with Victim Z to aroadblock and there they picked up a person identified as Victim V(Witness A). She saidthey were taken to Victim V's house, where they were taken out of the vehicle andthrown on the ground. According to the testimony, they started beating Victim Z againwith the club and they also beat Victim V and told him to bring out the person he washiding. Victim V said he was not hiding anybody. On direct examination, Witness N saidthe Accused told Victim V to raise his arms so that they could shoot him. On crossexamination,Witness N testified that Mugenzi told Victim V to raise his arms so thatthey could shoot him. She said they did not shoot him, and that the Accused told VictimV that they would continue searching <strong>for</strong> Alexia and that if they did not find her he wouldhave to die.3<strong>96</strong>. Witness N testified that as a result of the beatings she received, her arm is limp. Shesaid that she can no longer walk as she did be<strong>for</strong>e and that she needs help to get dressed.She testified that she can no longer work on the farm. The Trial Chamber notes thatWitness N walked with difficulty, aided by a walking stick.397. Witness C (Victim Z), a Hutu farmer, testified that he knew Alexia, that she was aTutsi teacher and the wife of Ntereye. He said that she hid in his house during April 1994and that she had come to his house because she realized that he had not participated in thekillings. Witness C testified that some Interahamwe came to his house while he was outharvesting coffee. He said one of his children came to look <strong>for</strong> him after the child hadbeen beaten and asked where Alexia was. Witness C returned to his house and found the
Interahamwe at the entrance, carrying machetes and clubs. He said some also hadgrenades. According to the testimony, the Interahamwe surrounded Witness C andaccused him of hiding Alexia. Witness C said that Alexia was not in his house, and oneof them started beating him on his back with the blunt side of a machete. He said he thentold them that Alexia sometimes hid in his house and sometimes in another person'shouse. They continued to beat him, and Witness C testified that when he realized that hewas about to be killed he said that Alexia was in another [room]. He said theInterahamwe took him to Victim Y's house, and when they arrived they continuedbeating him. He said they asked Victim Y where Alexia was, and she said that Alexia hadgone to her husband's relatives. Witness C said that the Interahamwe then left the house,taking him with them, and after a distance released him, saying that they had from himwhat they needed.398. Witness C (Victim Z) testified that one week after this incident, while participatingin a night patrol, he saw the Accused, whom he had known <strong>for</strong> a long time, with threeInterahamwes, Victim Y (Witness N) and Tabita, the niece of Ntereye, in a white twincab. He said the Accused was driving and stopped at the roadblock, got out of his car andtold the Interahamwe that they should bring Witness C to him. He said the Accused toldhim to get into the vehicle, which he did, and they drove to the <strong>for</strong>est. In the middle of the<strong>for</strong>est, Witness C said they stopped and asked him to get out and lie down in front of thevehicle. He said the Accused then stepped on his face, causing his lips to bleed, and kepthis foot on Witness C's face while two of the Interahamwe - Francois and Mugenzi -began to beat him with the butt of their guns. During this time, he said he was askedrepeatedly where Alexia was hiding.399. Witness C said that during the beating, Victim Y(Witness N), who was in thevehicle, urged him to tell them where Alexia was, and when he realized that they weregoing to kill him, he told them that she was at his home. Concerned that they would findher there, Witness C said he then told them she was somewhere else and Victim Y toldthem that Victim V could advise them of her whereabouts. Witness C testified that hewas then made to sit next to Victim Y and they were bound together, side by side, with arope by the Interahamwe Mugenzi. He said the rope was put around his neck. Undercross-examination, Witness C clarified that the rope was in fact a piece of cloth that hehad been wearing. When he began to vomit, Witness C said they were untied and theAccused then told them to get back into the vehicle. Witness C also testified onexamination that he was asked by Francois to hit Victim Y and given a cudgel, withwhich he struck her once on the leg. He said he was told to tell Victim Y to tell themwhere Alexia was hiding. After this, Witness C testified that the Accused told them to getback into the vehicle and they were taken to the roadblock.400. At the roadblock, Witness C testified that they picked up Victim V and the Accuseddrove them to Victim V's house. When they arrived, he said the Accused asked hisInterahamwes to search the house. He said two of them went in and came back, sayingthat Alexia was not in the house. According to Witness C, the Accused then told VictimV twice to step aside and raise his arms in the air so that they could shoot at him. One ofthe Interahamwe told him a third time to raise his arms so that they could shoot him.
- Page 2 and 3:
1.2. The Indictment1.3. Jurisdictio
- Page 4 and 5:
eports2 which indicated that acts o
- Page 6 and 7:
3. Jean Paul AKAYESU, born in 1953
- Page 8 and 9:
16. Jean Paul AKAYESU, on or about
- Page 10 and 11:
Counts 7-8(Crimes Against Humanity)
- Page 12 and 13:
c) Deliberately inflicting on the g
- Page 14 and 15:
1.4. The Trial1.4.1. Procedural Bac
- Page 16 and 17:
y the opening statement for the Def
- Page 18 and 19:
y the Tribunal for crimes related t
- Page 20 and 21:
38. Regarding the Gishyeshye meetin
- Page 22 and 23:
witness was lying because he or she
- Page 24 and 25:
in the commune. His de facto author
- Page 26 and 27:
70. Apart from asking the prefect t
- Page 28 and 29:
84. According to the testimony of D
- Page 30:
Scores of political leaders were im
- Page 33 and 34:
his listeners to avoid the error of
- Page 35 and 36:
111. The killing of Tutsi which hen
- Page 37 and 38:
killed on the grounds that the foet
- Page 39 and 40:
128. In conclusion, it should be st
- Page 41 and 42:
Witness statements137. During the t
- Page 43 and 44:
protection of witnesses issued by t
- Page 45 and 46:
covered anyone who had anti-Tutsi t
- Page 47 and 48:
Tutsi and the Tutsi were accused of
- Page 49 and 50: as "two armies", "two belligerents"
- Page 51 and 52: "The primary criterion for [definin
- Page 53 and 54: 180. Many witnesses testified regar
- Page 55 and 56: stated in that Decision, it did not
- Page 57 and 58: deeds. For these reasons, the Chamb
- Page 59 and 60: Concerning the allegation that at l
- Page 61 and 62: turned over alive to Akayesu, and t
- Page 63 and 64: younger brothers. He stated that he
- Page 65 and 66: 237. Karangwa testified under cross
- Page 67 and 68: three brothers lie on their stomach
- Page 69 and 70: known as Usuri (phonetic spelling)
- Page 71 and 72: Karangwa's explanation for the inco
- Page 73 and 74: Count 3, Crimes against Humanity (e
- Page 75 and 76: those killed were professors from R
- Page 77 and 78: 290. Witness DCC for the Defence, d
- Page 79 and 80: children, and old people. The Chamb
- Page 81 and 82: further that he had not heard of Ak
- Page 83 and 84: to fetch the one who remains', a pr
- Page 85 and 86: sector councillors called on the cr
- Page 87 and 88: According to witness A, the bourgme
- Page 89 and 90: present took it to mean that the Tu
- Page 91 and 92: 355. The Accused himself confirmed
- Page 93 and 94: 364. Paragraph 15 of the Indictment
- Page 95 and 96: The witness said a certain Françoi
- Page 97 and 98: has not been proved beyond reasonab
- Page 99: who had come to his house. He said
- Page 103 and 104: ack to the bureau communal and on t
- Page 105 and 106: Victim Y (Witness N), a [68] year o
- Page 107 and 108: which were at times committed by mo
- Page 109 and 110: communal into a forest in the area
- Page 111 and 112: clubbing a young teacher who had be
- Page 113 and 114: 434. Two days after arriving at the
- Page 115 and 116: he went into hiding during the mass
- Page 117 and 118: ureau communal, but he insisted tha
- Page 119 and 120: taken away from the bureau communal
- Page 121 and 122: The Accused himself testified that
- Page 123 and 124: 464. In that case, when the matter
- Page 125 and 126: "A person who planned, instigated,
- Page 127 and 128: involve facilitating the commission
- Page 129 and 130: 493. In accordance with the said pr
- Page 131 and 132: Deliberately inflicting on the grou
- Page 133 and 134: y a psychological relationship betw
- Page 135 and 136: Chamber notes that, as stated above
- Page 137 and 138: • complicity by procuring means,
- Page 139 and 140: 547. Consequently, where a person i
- Page 141 and 142: underscoring their commitment to se
- Page 143 and 144: character134. In fact, the concept
- Page 145 and 146: 575. The definition of crimes again
- Page 147 and 148: grounds mentioned in Article 3 of t
- Page 149 and 150: accepted definition of this term in
- Page 151 and 152:
adopted primarily to protect the vi
- Page 153 and 154:
610. Whilst the Chamber is very muc
- Page 155 and 156:
description, namely, what constitut
- Page 157 and 158:
forces to plan and carry out concer
- Page 159 and 160:
635. There is no clear provision on
- Page 161 and 162:
7.2. Count 5 - Crimes against human
- Page 163 and 164:
663. The definition of crimes again
- Page 165 and 166:
677. The Tribunal notes that eviden
- Page 167 and 168:
685. In the light of its factual fi
- Page 169 and 170:
692. The Tribunal finds, under Arti
- Page 171 and 172:
determine, as far as each proven fa
- Page 173 and 174:
the Tutsi in general. Akayesu who h
- Page 175 and 176:
722. As regards the allegations in
- Page 177 and 178:
732. The rape of Tutsi women was sy
- Page 179 and 180:
Chamber finds beyond a reasonable d
- Page 181 and 182:
Footnote 11. Decision: Order for Co
- Page 183 and 184:
Footnote 41. Article 104 of the Loi
- Page 185 and 186:
Footnote 68. Dictionnaire Rwandais-
- Page 187 and 188:
Footnote 103. "Principles of Intern
- Page 189 and 190:
Footnote 134. Secretary General's R
- Page 191:
Footnote 171. See General Legal Fin