ICTR: Military II Judgement Delivered – Rwanda
· Bizimungu sentenced to 30 years in prison
· Nzuwonemeye and Sagahutu each sentenced to 20 years imprisonment
· Ndindiliyimana sentenced to time served since 2000 and released
Trial Chamber II of the UN International Criminal Tribunal for Rwanda today convicted Augustin Bizimungu, François-Xavier Nzuwonemeye, Innocent Sagahutu and Augustin Ndindiliyimana in the ‘Military II’ trial. It subsequently sentenced Bizimungu to 30 years in prison and Nzuwonemeye and Sagahutu each to 20 years imprisonment while Ndindiliyimana was sentenced to time served since he was arrested in Belgium on 29 January 2000. Following this the Chamber ordered Ndindiliyamana’s immediate release and requested the Registry to make the necessary arrangements.
In reaching its judgement, the Trial Chamber, composed of Judges Asoka de Silva, Presiding, Taghrid Hikmet and Seon ki Park, stated that it had limited its analysis to considering whether the Prosecution had proved beyond reasonable doubt whether any of the accused were criminally responsible for the crimes that are alleged in the Indictment.
All the accused were acquitted on the count of conspiracy to commit genocide. The Trial Chamber ruled that it was not satisfied that the Prosecution had proved beyond reasonable doubt that the four accused in the case were implicated in such a conspiracy.
Ndindiliyimana was Chief of Staff of the Gendarmerie Nationale while Bizimungu was Chief of Staff of Rwanda Armed Forces, Nzuwonemeye was Commander of the Reconnaissance Battalion (RECCE) within the Rwandan Army and Sagahutu was the second-in-command of the RECCE and the “A” company commander of the Battalion.
The Trial Chamber convicted Ndindiliyimana on four counts of genocide, crimes against humanity (murder and extermination) and violations of Article 3 common to the Geneva Conventions and Additional Protocol II ( murder). It acquitted him on the count of conspiracy to commit genocide and
dismissed the count of complicity in genocide.
However it noted that the mitigating factors, which warranted mention, and the lesser sentence handed down to him, included his limited command over the Gendarmerie after 6 April 1994, his consistent support for the Arusha (peace) Accords and a peaceful solution of the conflict between the Rwandan Government forces and Rwanda Patriotic Front (RPF), and his opposition to
the massacres in Rwanda.
The Trial Chamber found Bizimungu guilty on six counts of genocide, crimes against humanity for murder, extermination and rape and violations of Article 3 common to the Geneva Conventions and Additional protocol II (murder; rape, humiliating treatment). He was however acquitted on the count of conspiracy to commit genocide while the count of complicity to commit genocide was dismissed.
Nzuwonemeye was found guilty on two counts of crimes against humanity (murder) and violations of Article 3 common to the Geneva Conventions and Additional protocol II (murder). He was however acquitted on three counts of conspiracy to commit genocide, crimes against humanity (rape) and violations of Article 3 common to the Geneva Conventions and Additional protocol II (rape, humiliating and degrading treatment).
Sagahutu was found guilty on two counts of crimes against humanity (murder) and violations of Article 3 common to the Geneva Conventions and Additional Protocol II (murder), and acquitted on three counts of conspiracy to commit genocide, crimes against humanity (rape) and violations of Article 3 common to the Geneva Conventions and Additional protocol II (rape, humiliating and degrading treatment).
Further Nzowunemeye and Sagahutu were also found to have ordered the killing of Prime Minister Agathe Uwingiliyimana and also were criminally responsible as superiors for the killing of the Belgian UNAMIR soldiers.
Bizimungu was arrested on 2 August 2002 in Angola and on 14 August 2002 he was transferred to the UN Detention Facility (UNDF) in Arusha, while Ndindiliyimana was arrested on 29 January 2000 in Belgium and transferred to the UNDF on 22 April 2000. Nzuwonemeye was arrested in the town of Montauban in the south of France on 15 February 2000 and was transferred to the UNDF on 23 May 2000 while Sagahutu was arrested in Denmark on 15 February 2000. He was transferred to the UNDF on 24 November 2000.
The trial opened on 20 September 2004 and closed on 26 June 2009 after 395 trial days. The Prosecution presented a total of 72 witnesses, while the defence produced a total of 134 witnesses.
Bizimungu is represented by Gilles Saint Laurent and Ronnie MacDonald (Canada); Ndindiliyimana is represented by Christopher Black (Canada) and Vincent Lurquin (Belgium); Nzuwonemeye is represented by Acheleke Charles Taku (Cameroon) and Beth Lyons (USA); and Sagahutu is represented by Fabien Segatwa (Burundi) and Seydou Doumbia (Mali).
