Case No. ICTR-96-4-T - International Criminal Tribunal for Rwanda

682. The Tribunal finds that the following acts committed by the Accused or by others inthe presence of the Accused, at his instigation or with his consent or acquiescence,constitute torture:(i) the interrogation of Victim U, under threat to her life, by the Accused at the bureaucommunal, on 19 April 1994;(ii) the beating of Victim Y outside of her house by the Accused and Mugenzi on 20April 1994;(iii) the interrogation of Victim Y, under threat to her life, by the Accused, and thebeating of Victim Y under interrogation by Mugenzi, in the presence of the Accused, at amine at Buguli on 20 April 1994;(iv) the interrogation of Victim W, under threat to her life, at a mine at Buguli by theAccused, on 20 April 1994;(v) the beating of Victim Z under interrogation by the Accused, and by Mugenzi andFrancois in the presence of the Accused, in Gishyeshye Sector, on 20 April 1994;(vi) the forcing of Victim Z to beat Victim Y under interrogation, by Francois in thepresence of the Accused, in Gishyeshye Sector, on 20 April 1994;(vii) the beating of Victim Z and Victim V by Mugenzi and Francois and theinterrogation of Victim V, under threat to his life, by the Accused outside the house ofVictim V, on 20 April 1994;683. Accordingly, the Tribunal finds the Accused criminally responsible on Count 11under Article 6(1) of its Statute for commission of the following acts of torture as crimesagainst humanity under Article 3(a) of its Statute:(i) his interrogation of Victim U, under threat to her life, at the bureau communal on 19April 1994;(ii) his beating of Victim Y, outside of her house, on 20 April 1994;(iii) his interrogation of Victim Y, under threat to her life, at a mine at Buguli on 20 April1994;(iv) his interrogation of Victim W, under threat to her life, at a mine at Buguli on 20 April1994;(v) his beating of Victim Z in Gishyeshye Sector, on 20 April 1994;(vi) his interrogation of Victim V, under threat to his life, outside of his house, on 20April 1994.684. The Tribunal finds the Accused criminally responsible on Count 11 under Article6(1) of its Statute for implicitly ordering, as well as instigating, aiding and abetting, thefollowing acts of torture, which were committed in his presence by men acting on hisbehalf, as crimes against humanity under Article 3(a) of its Statute:(i) the beating of Victim Y outside of her house by Mugenzi on 20 April 1994;(ii) the beating of Victim Y, under interrogation, by Mugenzi, at a mine at Buguli on 20April 1994;(iii) the beating of Victim Z, under interrogation, by Mugenzi and Francois, inGishyeshye Sector on 20 April 1994;(iv) the forcing of Victim Z to beat Victim Y, under interrogation, by Francois, inGishyeshye Sector on 20 April 1994.7.7. Count 13 (rape) and Count 14 (other inhumane acts) - Crimes againstHumanity