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

Prosecutor's statement, they caught one member of the Interahamwe in Gishyeshye andkilled him.213. In her concluding arguments, the Prosecutor did not mention any fact designed toshow that one of the possible killers of Sylvère Karera was turned over to Jean-PaulAkayesu alive, contrary to what is alleged in paragraph 13 of the Indictment.214. During cross-examination of the accused appearing as witness in his own trial, theProsecutor had him confirm that Sylvère Karera was killed in the night of 18 to 19 April1994 and that later, one member of the Interahamwe, the person who had killed Karera,was also killed. The Prosecutor added that Prosecution witnesses had indeed testified tothat.215. During his appearance before the Chamber as witness, the accused argued thatduring the night of 18 to 19 April 1994, he was sleeping in the Bureau Communal, whentowards 4 a.m., a certain Augustin Sebazungu, MDR treasurer at Taba, residing in theGishyeshye sector, came to inform him that the situation in the sector was tense,following the killing of a young man, a member of the Interahamwe. The Bourgmestrethen immediately alerted the police and went to the scene, accompanied by twopolicemen. There he found a body stretched out on the ground, covered with traces ofblood, as if it had been hit. The accused affirmed before the Chamber that he seized theopportunity of this gathering which formed as people came to see what was happening, toaddress the population. He noted that members of the region's Interahamwe had rushedand surrounded the body of their young member. Akayesu told the Chamber that he hadcondemned the killing of the young man because he felt that it was not in that mannerthat law and order would be maintained, and that he had indicated that his arrest wouldsimply have been enough.Factual findings216. Prosecution witnesses appearing under the pseudonyms A, W, E and U, as well asEphrem Karangwa, provided information which confirmed the Prosecutor's allegations asto the killing of teacher Sylvère Karera in the night of 18 to 19 April 1994. On the basisof such corroborative evidence, which was not substantially disputed by the Defence, theChamber is satisfied that Sylvère Karera was actually killed, in Gishyeshye, in the nightof 18 to 19 April 1994.217. The Chamber notes however that the Prosecutor has not adduced conclusiveevidence to support her allegations relating to the number and identity of the perpetratorsof the killing of Sylvère Karera as well as the reasons for this murder.218. With regard to the allegation that at least one of the perpetrators of the killing ofSylvère Karera had been turned over to Jean-Paul Akayesu and that he failed to take anymeasures to have him arrested, for the reasons explained above and in the absence ofpertinent evidence, the Chamber finds that the Prosecutor has not established beyondreasonable doubt that at least one of the perpetrators of the killing of Sylvère Karera was