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 M�se
Andr�sia Vaz
Registrar: Adama Dieng
Judgement of: 16 May 2003
THE PROSECUTOR
V.
ELI�ZER 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 Hern�ndez
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