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

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3. Jean Paul AKAYESU, born in 1953 in Murehe sector, Taba commune, served asbourgmestre of that commune from April 1993 until June 1994. Prior to his appointmentas bourgmestre, he was a teacher and school inspector in Taba.4. As bourgmestre, Jean Paul AKAYESU was charged with the performance ofexecutive functions and the maintenance of public order within his commune, subject tothe authority of the prefect. He had exclusive control over the communal police, as wellas any gendarmes put at the disposition of the commune. He was responsible for theexecution of laws and regulations and the administration of justice, also subject only tothe prefect's authority.General Allegations5. Unless otherwise specified, all acts and omissions set forth in this indictment tookplace between 1 January 1994 and 31 December 1994, in the commune of Taba,prefecture of Gitarama, territory of Rwanda.6. In each paragraph charging genocide, a crime recognized by Article 2 of the Statute ofthe Tribunal, the alleged acts or omissions were committed with intent to destroy, inwhole or in part, a national, ethnic or racial group.7. The victims in each paragraph charging genocide were members of a national, ethnic,racial or religious group.8. In each paragraph charging crimes against humanity, crimes recognized by Article 3 ofthe Tribunal Statute, the alleged acts or omissions were committed as part of awidespread or systematic attack against a civilian population on national, political, ethnicor racial grounds.9. At all times relevant to this indictment, a state of internal armed conflict existed inRwanda.10. The victims referred to in this indictment were, at all relevant times, persons nottaking an active part in the hostilities.10A. In this indictment, acts of sexual violence include forcible sexual penetration of thevagina, anus or oral cavity by a penis and/or of the vagina or anus by some other object,and sexual abuse, such as forced nudity.11. The accused is individually responsible for the crimes alleged in this indictment.Under Article 6(1) of the Statute of the Tribunal, individual criminal responsibility isattributable to one who plans, instigates, orders, commits or otherwise aids and abets inthe planning, preparation or execution of any of the crimes referred to in Articles 2 to 4 ofthe Statute of the Tribunal.Charges
12. As bourgmestre, Jean Paul AKAYESU was responsible for maintaining law andpublic order in his commune. At least 2000 Tutsis were killed in Taba between April 7and the end of June, 1994, while he was still in power. The killings in Taba were openlycommitted and so widespread that, as bourgmestre, Jean Paul AKAYESU must haveknown about them. Although he had the authority and responsibility to do so, Jean PaulAKAYESU never attempted to prevent the killing of Tutsis in the commune in any wayor called for assistance from regional or national authorities to quell the violence.12A. Between April 7 and the end of June, 1994, hundreds of civilians (hereinafter"displaced civilians") sought refuge at the bureau communal. The majority of thesedisplaced civilians were Tutsi. While seeking refuge at the bureau communal, femaledisplaced civilians were regularly taken by armed local militia and/or communal policeand subjected to sexual violence, and/or beaten on or near the bureau communalpremises. Displaced civilians were also murdered frequently on or near the bureaucommunal premises. Many women were forced to endure multiple acts of sexual violencewhich were at times committed by more than one assailant. These acts of sexual violencewere generally accompanied by explicit threats of death or bodily harm. The femaledisplaced civilians lived in constant fear and their physical and psychological healthdeteriorated as a result of the sexual violence and beatings and killings.12B. Jean Paul AKAYESU knew that the acts of sexual violence, beatings and murderswere being committed and was at times present during their commission. Jean PaulAKAYESU facilitated the commission of the sexual violence, beatings and murders byallowing the sexual violence and beatings and murders to occur on or near the bureaucommunal premises. By virtue of his presence during the commission of the sexualviolence, beatings and murders and by failing to prevent the sexual violence, beatings andmurders, Jean Paul AKAYESU encouraged these activities.13. On or about 19 April 1994, before dawn, in Gishyeshye sector, Taba commune, agroup of men, one of whom was named Francois Ndimubanzi, killed a local teacher,Sylvere Karera, because he was accused of associating with the Rwandan Patriotic Front("RPF") and plotting to kill Hutus. Even though at least one of the perpetrators wasturned over to Jean Paul AKAYESU, he failed to take measures to have him arrested.14. The morning of April 19, 1994, following the murder of Sylvere Karera, Jean PaulAKAYESU led a meeting in Gishyeshye sector at which he sanctioned the death ofSylvere Karera and urged the population to eliminate accomplices of the RPF, which wasunderstood by those present to mean Tutsis. Over 100 people were present at the meeting.The killing of Tutsis in Taba began shortly after the meeting.15. At the same meeting in Gishyeshye sector on April 19, 1994, Jean Paul AKAYESUnamed at least three prominent Tutsis -- Ephrem Karangwa, Juvénal Rukundakuvuga andEmmanuel Sempabwa -- who had to be killed because of their alleged relationships withthe RPF. Later that day, Juvénal Rukundakuvuga was killed in Kanyinya. Within the nextfew days, Emmanuel Sempabwa was clubbed to death in front of the Taba bureaucommunal.
Page 2 and 3: 1.2. The Indictment1.3. Jurisdictio
Page 4 and 5: eports2 which indicated that acts o
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
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three brothers lie on their stomach
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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
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has not been proved beyond reasonab
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who had come to his house. He said
Page 101 and 102:
Interahamwe at the entrance, carryi
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
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464. In that case, when the matter
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"A person who planned, instigated,
Page 127 and 128:
involve facilitating the commission
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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
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• complicity by procuring means,
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547. Consequently, where a person i
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underscoring their commitment to se
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character134. In fact, the concept
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575. The definition of crimes again
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grounds mentioned in Article 3 of t
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accepted definition of this term in
Page 151 and 152:
adopted primarily to protect the vi
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610. Whilst the Chamber is very muc
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description, namely, what constitut
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forces to plan and carry out concer
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635. There is no clear provision on
Page 161 and 162:
7.2. Count 5 - Crimes against human
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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
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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
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Case No. ICTR-96-4-T - International Criminal Tribunal for Rwanda

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