Prosecutor v. Rutaganda, Case No. ICTR-96-3-A, Appeals Judgment (May 26, 2003).
IN THE APPEALS CHAMBER
Original: FRENCH
Before:
Judge
Theodor Meron, presiding
Judge Fausto Pocar
Judge Claude Jorda
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Registrar: Adama Dieng
Judgement of: 26 May 2003
GEORGES ANDERSON NDERUBUMWE RUTAGANDA
v.
THE PROSECUTOR
Case No. ICTR-96-3-A
Office of the Prosecutor: |
Norman Farrell |
Counsel for the Appellant: |
David
Jacobs |
A. Trial proceedings
1. The Indictment
2. Judgement and Sentence
B. Appeal proceedings
II. STANDARD FOR APPELLATE REVIEW
A. Standards for examination of allegations of errors of law and fact
B. Findings on the law applicable to certain issues raised on appeal
1. Corroboration
2. Right to cross-examination
3. Hearsay evidence
A. Treatment of witnesses other than the Appellant
1. Prosecution witnesses
2. Comparison between the examination of Defence witnesses and that of Prosecution witnesses
3. Defence witnesses
4. Application of Rule 73ter of the Rules
5. Findings
B. Treatment of the Appellant’s testimony
1. Warning by the Presiding Judge
2. Limits to the duration of testimony
3. Remarks which give the impression that the Trial Chamber sided with the Prosecution
4. Interventions aimed at cutting off the Appellant’s testimony
5. Conclusion
A. Error affecting the right to cross-examine
B. Error affecting the right to raise objections
C. Error relating to hearsay evidence
D. Error relating to expert evidence
E. Errors relating to the burden of proof
F. Error relating to prior witness statements
G. Errors relating to the assessment of witness credibility
1. Application of Rule 91 of the Rules
2. Question of “witness tainting”
H. Error relating to the impact of trauma
I. Error relating to the impact of social and cultural factors
V. SPECIFIC ERRORS OF LAW AND FACT
A. Errors relating to the alibi
B. Errors relating to the admissibility of the Tingi-Tingi witness statements
C. Cross-examination of Rutaganda USING collateral documents
A. Interpretation of the Indictment and assessment of the alibi
B. Assessment of the evidence presented at trial
1. Witness Q
2. Witness T
3. Witness U
4. Witness J
5. Contradictions between the testimonies of Witnesses J, T and U
VII. CRIMES COMMITTED AT THE AMGAR GARAGE
A. Assessment and treatment of Witness Q’s testimony
1. Inconsistencies and contradictions in Witness Q’s testimony
2. Other allegations of errors in the assessment of Witness Q’s testimony
B. Allegations of errors in relation to the assessment of Witness BB’s testimony
1. The way the evidence was sought
2. Credibility and reliability
C. Admissibility of hearsay evidence and Witness T’s testimony
D. Use of the principle of corroboration
E. Witnesses DD, DF, DS, DEE and DDD
VIII. ETO SCHOOL AND NYANZA MASSACRES
A. General Allegations
B. ETO School Massacres
1. Witness H
2. Witness DD
C. Forcible Transfer and Massacres at Nyanza
1. Witness A
2. Witness H
3. Witness W
D. Consideration of an alleged MISCARRIAGE OF JUSTICE DUE TO error of law concerning the admission of additional evidence
1. Procedural Background
2. Standard of Review on Appeal
3. Whether the additional evidence actually reveals an error of fact of such magnitude as to occasion a miscarriage of justice
IX. THE KILLING OF EMMANUEL KAYITARE
X. INTERAHAMWE ZA MRND MOVEMENT
A. Error as regards the test to be applied in determining the dolus specialis
B. Error in the assessment of the evidence
XII. PROSECUTION’S APPEAL ON WAR CRIMES
XIII. RECONSIDERATION OF THE SENTENCE
SEPARATE OPINION OF JUDGES MERON AND JORDA
DISSENTING OPINION OF JUDGE POCAR
SEPARATE OPINION OF JUDGE SHAHABUDDEEN
ANNEX A: APPEAL PROCEEDINGS