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

ourgmestre, Martin Kalisa, on the path that led to his house. He also saw the Accusedwith the assistant bourgmestre of Taba and a few police officers. Witness S did not knowall the police officers that were in the group but he recognised them as police officers bythe fact that they were wearing police uniforms and they were in possession of firearms.The witness recognised two of these police officers as being from the commune ofMusambira. He did not know or recognise the other people in the group. These peoplewere wearing civilian clothes.242. Witness S testified that he had known the Accused before the events of April 1994.When the witness visited Ephrem Karangwa at his office in the bureau communal, heoften saw the Accused. According to Witness S, the Accused was wearing a long militaryjacket and he had a grenade in his hand. Witness S's father was also in the group ofpeople that came to his house and the witness noticed that his father was injured in hisface and he was bleeding. By this time this group of people had arrived and werestanding about three metres away from the house. Witness S's father said to him ifEphrem Karangwa was in the house he should hand him over or else they will be killedby this group of people. The Accused at this time was standing next to the bourgmestre ofMusambira. The bourgmestre of Musambira asked Witness S if Ephrem Karangwa wasin the house. According to the witness he responded by saying that he was not in thehouse and invited the bourgmestre to search the house if he so wished. The assistantbourgmestre of Musumbira, Martin Kalisa, together with two police officers from Tabasearched the house. Witness S was not allowed into the house whilst the search was beingconducted and he stood outside. The Accused during this search ordered the policeofficers to surround the house, to prevent Ephrem Karangwa from running away. By thistime many people from the general population of Musambira had gathered to see whatwas going on and they also acted on the Accused's instruction and surrounded the house.243. Witness S testified that the people searching the house did not find EphremKarangwa. Instead they came out with some cans of sardines and Accused the witnessand his family of being "Inyenzi". At this time Ephrem Karangwa's brothers were behindthe house with the witness's sister. The witness said he did not see this but he wasinformed by his sister that the brothers fled. The police officers blew their whistles andsaid stop these "Inyenzi" from running away and a group of people pursued the threebrothers.244. Witness S testified that he heard people shouting "...stop that Inyenzi..." About tenminutes later, the mob of people returned with the three Karangwa brothers. According toWitness S, they had been beaten and although he did not see the beatings he saw theinjuries sustained as a result of the beating. The brothers had certain open wounds thatwere bleeding and their clothes were torn. The three brothers were made to sit on thelawn about two metres from the entrance to the court yard, in the presence of theAccused. The bourgmestre of Musambira, Justin Nyangwe asked the Accused if he knewthese three brothers. The Accused replied that they were from his commune. JustinNyangwe then asked the Accused what must be done with them and the Accusedresponded by saying "we need to finish these people off..." and he confirmed thisresponse by saying, they need to be shot. The police officers from Musambira made the