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

deeds. For these reasons, the Chamber does not accept the testimony of the Accusedregarding his conduct after 18 April, and finds beyond a reasonable doubt that he did notattempt to prevent killings of Tutsi after this date. Whether he had the power to do so isnot at issue, as he never even tried and as there is evidence establishing beyond areasonable doubt that he consciously chose the course of collaboration with violenceagainst Tutsi rather than shielding them from it.5.2.2. Paragraph 13 of the IndictmentAlleged facts:194. Paragraph 13 of the Indictment is worded as follows:"On or about 19 April 1994, before dawn, in Gishyeshye sector, Taba commune, a groupof men, one of whom was named François Ndimubanzi, killed a local teacher, SylvèreKarera, because he was accused of associating with the Rwandan Patriotic Front ("RPF")and plotting to kill Hutu. Even though at least one of the perpetrators was turned over toJean-Paul Akayesu, he failed to take measures to have him arrested".195. It is alleged that, by the acts with which he is charged in this paragraph, Akayesu isguilty of the offences which form the subject of three counts:Count 1 of the Indictment charges him with the crime of genocide, punishable underArticle 2(3)(a) of the Statute;Count 2 charges him with the crime of complicity in genocide, punishable under Article2(3)(e) of the Statute; andCount 3 charges him with the crime of extermination which is a Crime against Humanity,punishable under Article 3(b) of the Statute.196. In order to prove the acts alleged against Akayesu under paragraph 13 of theIndictment, it is necessary to first establish that Sylvère Karera, a teacher, was killed inthe Gishyeshye sector, Taba commune, on 19 April 1994, before dawn, by a group ofmen, one of whom was named François Ndimubanzi and that he was killed because hewas accused of associating with the RPF and plotting to kill Hutu. The Chamber mustthen be satisfied that at least one of the perpetrators of this killing was indeed turned overto Jean-Paul Akayesu, and that he failed to take measures to have him arrested.With regard to the killing of Sylvère Karera in the Gishyeshye sector, Tabacommune, on or about 19 April 1994, before dawn:197. Several Prosecution witnesses, particularly, those who appeared under thepseudonyms A, W, E and U, as well as Ephrem Karangwa, provided information on thekilling of teacher Sylvère Karera in the night of 18 to 19 April 1994.198. Witness A, a Hutu man, testified that, during the night of 18 to 19 April 1994, heheard people shouting that thieves had killed people at Remera school and calling on the