IX.    DISPOSITION

For the foregoing reasons,

THE APPEALS CHAMBER
PURSUANT to Article 24 of the Statute and Rule 118 of the Rules;
NOTING the written submissions of the parties and their oral arguments presented at the hearings on 7, 8 and 9 July 2004;
SITTING in an open session; 

With respect to Elizaphan Ntakirutimana,
QUASHES the conviction for aiding and abetting genocide under Count 1A of the Mugonero Indictment;
AFFIRMS the conviction for aiding and abetting genocide under Count 1 of the Bisesero Indictment;
REVERSES the acquittal for extermination as a crime against humanity under Count 5 of the Bisesero Indictment;
ENTERS a conviction for aiding and abetting extermination as a crime against humanity under Count 5 of the Bisesero Indictment;
DISMISSES the Defence and Prosecution appeals concerning Elizaphan Ntakirutimana in all other respects;
AFFIRMS the sentence of 10 years’ imprisonment handed down, subject to credit being given under Rule 101(D) of the Rules for the period already spent in detention; 

With respect to Gérard Ntakirutimana,
QUASHES the conviction for murder as a crime against humanity under Count 4 of the Bisesero Indictment;
AFFIRMS the conviction for committing genocide under Count 1A of the Mugonero Indictment, in relation to the killing of Charles Ukobizaba;
ENTERS a conviction for aiding and abetting genocide under Count 1A of the Mugonero Indictment, for the procurement of gendarmes and ammunition for the attack on the Mugonero Complex;
AFFIRMS the conviction for genocide under Count 1 of the Bisesero Indictment, but finds that his responsibility was that of an aider and abettor;
AFFIRMS the conviction for murder as a crime against humanity under Count 3 of Mugonero Indictment, in relation to the killing of Charles Ukobizaba;
ENTERS a conviction for aiding and abetting extermination as a crime against humanity under Count 4 of the Mugonero Indictment, for the procurement of gendarmes and ammunition for the attack on the Mugonero Complex;
ENTERS a conviction for aiding and abetting extermination as a crime against humanity under Count 5 of the Bisesero Indictment;
DISMISSES the Defence and Prosecution appeals concerning Gérard Ntakirutimana in all other respects;
AFFIRMS the sentence of 25 years’ imprisonment handed down, subject to credit being given under Rule 101(D) of the Rules for the period already spent in detention; 

RULES that this Judgement shall be enforced immediately pursuant to Rule 119 of the Rules;
ORDERS, in accordance with Rules 103(B) and 107 of the Rules of Procedure and Evidence, that Gérard Ntakirutimama and Elizaphan Ntakirutimana are to remain in the custody of the Tribunal pending the finalisation of arrangements for their transfer to the State where their sentences will be served. 

Done in English and French, the English text being authoritative.

 

Theodor Meron	Florence Ndepele Mwachande Mumba	Mehmet Güney	Wolfgang Schomburg	Inés Mónica Weinberg de Roca
Presiding Judge	Judge	Judge	Judge	Judge

                                       

Signed on the 9th day of December 2004
at The Hague, The Netherlands,
and issued on the 13^th day of December 2004
at Arusha, Tanzania.
[SEAL OF THE TRIBUNAL]