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

Prosecutor had called only one witness in respect of the events alleged in the saidparagraphs. In light of the testimonies of two witnesses, namely K and KK, the Chamberfinds the latter to be an erroneous submission by the Defence.301. In view of the aforementioned, the Chamber finds the testimonies of witnesses Kand KK both to be credible on their own, and that when dealt with together they offersufficient correlation as to events, dates and locations for the Chamber to base its findingsthereon.302. During their respective testimonies before the Chamber, both witnesses DCC andDZZ were evasive in answering questions in relation to the events alleged in paragraphs19 and 20 of the Indictment. However, the Chamber notes that the reluctance of thesewitnesses in answering certain questions was limited either to their individualparticipation in the acts, or to events they had personally seen. The Chamber recalls thatboth witnesses DCC and DZZ were at the time of their testimonies, detained in prisons inRwanda, hence it is understandable that neither wished to present self-incriminatingevidence. The Chamber has considered the probative value of their testimonies in light ofthe above, and finds that the evasiveness and reluctance which punctuated their oraltestimony reduced their credibility.303. Witnesses K and KK for the Prosecution, testified that they witnessed massacres atthe bureau communal. Witness K specified seeing the massacres on 19 April 1994 at thebureau communal, and witness KK testified that the massacres started with the killing ofteachers.304. Both witnesses presented by the Defence, witness DCC and DZZ, also testified thatkillings took place at the bureau communal. Witness DCC went to the bureau communaleveryday during the events. He saw people, mainly Tutsi, being massacred by theInterahamwe and taken to be buried behind the primary school. Furthermore, the Defencepresented as evidence the statement given by witness DCC to the Prosecutor78. Thesection quoted by the Defence clearly indicates that Akayesu was at the bureaucommunal when four people were killed at the entrance of the office and that he knew thekilling of Tutsi was taking place in the commune. Questioned as to why Akayesu didnothing to stop these acts perpetrated by the Interahamwe, witness DCC said Akayesuwas powerless to do so. The Chamber notes that the testimony of witness DCC supportsthe prosecution's evidence that people were killed at the bureau communal, in thepresence of the accused; and conflicts with Akayesu's testimony that no killings tookplace at the bureau communal and that the only dead bodies he saw were those of twochildren305. Witness DZZ testified that he went regularly to the bureau communal but that henever personally saw any massacres or crimes he had heard of being perpetrated. Headded that Akayesu never participated in the massacres and even preached peace amongstthe refugees. He also affirmed that massacres in Taba had become widespread after 18April 1994. However, the Chamber notes that for witness DZZ to stipulate on theoccasions he went to the bureau communal he did not see any of the massacres, and