ICTR: Closing Arguments made in Gregoire Ndahimana’s Case

Closing arguments have been presented in the case of Gregoire Ndahimana, former Mayor of  Kivumu  in Kibuye prefecture. On Wednesday, 21 September 2011, the Prosecution prayed for his conviction and imposition of life imprisonment while the Defence, on Thursday 22 September 2011, prayed for dismissal of his case and his acquittal.

The  arguments  were  made  before  Trial  Chamber  III  composed of Judges Florence   Rita   Arrey,   presiding,   Aydin   Sefa   Akay  and  Bakhtiyar Tuzmukhamedov.

The Prosecution argued that evidence has been presented to prove that the accused  played  a pivotal role in the commission of crimes of genocide and crimes  against humanity in Kibuye prefecture. Specifically, it added that, evidence shows that the accused was liable as a principal offender in planning, instigating, ordering, aiding and abetting the killings that took place in Nyange Parish.

The  Defence  argued that Ndahimana was not liable for the crimes committed because  he had  an  alibi proving that he was not present at the massacre site  at  the  time  the  offences were  committed. It also added that the Prosecution witnesses were not credible and that he took all measures in his capacity to prevent the crimes.

At the end of the session the Trial Chamber announced that judgement of the case will be delivered before the end of this year.

According to  the  indictment,  Ndahimana  is  alleged to have been, on or between  the dates of  6 April 1994 and 20 April 1994, in Kivumu Commune, responsible  for killing or causing bodily or mental harm to members of the Tutsi population. He is alleged to have planned the massacres of members of the population of  mostly Tutsi ethnic group who had sought refuge at the Nyange  Parish, jointly with Father Athanase Seromba (sentenced to 15 years
in  the  first  instance  and to imprisonment for the remainder of his life after dismissal of his appeal) and Fulgence Kayishema (still at large).

Ndahimana,  57,  was  arrested  on  10 August 2009 at Kachuga Camp in North Kivu, Democratic Republic of Congo (DRC) during a combined operation by the ICTR,  the United Nations  Mission  in  the  DRC  (MONUC) and the DRC law enforcement  agencies. He was transferred to the United Nations Detention Facility  in  Arusha  on 21 September 2009. His trial opened on 6 September 2010.  The Prosecution called 15 witnesses whereas the Defence fielded 30 witnesses.

The Prosecution is  led  by Ms. Holo Makwaia assisted by Segun Jegede and Althea  Alexis-Windsor  and Counsel Barat Chadha from Tanzania is defending him assisted by Wilfred Nderitu from Kenya.