Prosecutor v. Niyitegeka, Case No. ICTR-96-14-T, Judgment and Sentence (May 16, 2003).
Or. : Eng.
TRIAL CHAMBER I
Before Judges:
Navanethem Pillay, presiding
Erik Mřse
Andrésia Vaz
Registrar: Adama Dieng
Judgement of: 16 May 2003
THE PROSECUTOR
V.
ELIÉZER NIYITEGEKA
Case No. ICTR-96-14-T
JUDGEMENT AND SENTENCE
Counsel for the Prosecution
Carla Del Ponte
Kenneth C. Fleming
Melinda Y. Pollard
Kirsten Keith
Counsel
for the Defence
Sylvia Geraghty
Feargal Kavanagh
Cindy Hernández
TABLE OF CONTENTS
| CHAPTER I | INTRODUCTION | ||
| 1. | International Criminal Tribunal for Rwanda | ||
| 2. | Background of the Accused | ||
| 3. | The Indictment | ||
| 4. | Procedural Background | ||
| 5. | Evidentiary Matters | ||
| CHAPTER II | FACTUAL FINDINGS | ||
| 1. | Introduction | ||
| 2. | Participation in Attacks | ||
| 2.1 | Distribution of Weapons on 10 April | ||
| 2.2 | Attack on Mubuga Church Around 16 April | ||
| 2.3 | Attack at Kizenga Hill Between 17 and 30 April | ||
| 2.4 | Attack at Muyira Hill Between 17 and 30 April | ||
| 2.5 | End April/Early May Attack at Kivumu | ||
| 2.6 | 13 May Attack at Muyira Hill | ||
| 2.7 | 14 May Attack at Muyira Hill | ||
| 2.8 | End May Attack at Rugarama | ||
| 2.9 | Attack in Kiziba Around 18 June | ||
| 3. | Participation in Meetings | ||
| 3.1 | Meetings in Kibuye Prefectural Office on 10 June and One Week Later | ||
| 3.2 | Meeting in Kibuye Prefectural Office Around 18 June | ||
| 3.3 | Meeting in Kibuye Prefectural Office Sometime in June | ||
| 4. | Acts of Incitement | ||
| 4.1 | Mid-March Meeting in Gatwaro Stadium | ||
| 4.2 | 13 April Attack in Rugarama | ||
| 4.3 | 3 May Meeting in Kibuye Prefectural Office | ||
| 4.4 | 13 May Meeting at Kucyapa | ||
| 4.5 | Attack in Bisesero Sometime in May | ||
| 4.6 | Meeting in Kibuye Prefectural Office Around 17 June | ||
| 5. | Murder | ||
| 5.1 | Attack in Kiziba Around 18 June | ||
| 5.2 | Killing of Man and Woman on 28 June near Ecole Normale Technique | ||
| 5.3 | June Attack in Jurwe Cellule | ||
| 5.4 | June attack in Uwingabo Celulle | ||
| 6. | Rape and Murder on 20 May | ||
| 7. | Inhumane Acts | ||
| 7.1 | Mutilation of Kabanda on 22 June at Kazirandimwe Hill | ||
| 7.2 | Sexual Violence to Woman on 28 June near Ecole Normale Technique | ||
| 8. | Other Submissions | ||
| 8.1 | Introduction | ||
| 8.2 | The Accused’s Political Affiliations | ||
| 8.3 | Condition of Roads in Bisesero | ||
| 8.4 | The Weight of the Accused | ||
| 8.5 | Good Character of the Accused | ||
| 8.6 | Denial of Genocide in Rwanda | ||
| 8.7 | Influence/Pressure on Witnesses | ||
| CHAPTER III | LEGAL FINDINGS | ||
| CHAPTER IV | VERDICT | ||
| CHAPTER V | SENTENCE | ||
| ANNEX I | INDICTMENT | ||
| ANNEX II | MAP OF BISESERO (EXHIBIT P1, P. 5) | ||
| ANNEX III | INDEX OF ABBREVIATIONS | ||
| ANNEX IV | LIST OF EXHIBITS | ||
Chapter I | Chapter II | Chapter III | Chapter IV | Chapter V