The Appeals Chamber of the International Criminal Tribunal for Rwanda today delivered its judgement in three cases: Édouard Karemera and Matthieu Ngirumpatse; Ildéphonse Nizeyimana; and Callixte Nzabonimana. The judgements delivered by the Appeals Chamber today bring the total number of appeal judgements rendered by the Tribunal to 44, disposing of appeals concerning 55 persons. The remaining caseload of the ICTR Appeals Chamber consists of one case which concerns six persons.
Édouard Karemera and Matthieu Ngirumpatse
A panel composed of Judge Theodor Meron, presiding, Judge Fausto Pocar, Judge Arlette Ramaroson, Judge Bakhtiyar Tuzmukhamedov, and Judge Koffi Kumelio A. Afanđe delivered judgement in the appeals lodged by Édouard Karemera, Matthieu Ngirumpatse, and the Prosecution.
On 21 December 2011, Trial Chamber III convicted Karemera and Ngirumpatse of direct and public incitement to commit genocide, genocide, extermination and rape as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and Additional Protocol II. The Trial Chamber sentenced Karemera and Ngirumpatse to life imprisonment.
The Appeals Chamber affirmed Karemera’s and Ngirumpatse’s convictions based on their role in the killings in Kigali by 12 April 1994, the killings following the Murambi Technical School meeting on 18 April 1994, the killings following President Theodore Sindikubwabo’s speech in Butare Prefecture on 19 April 1994, the killings resulting from the creation and implementation of the civil defence system, the killings in Bisesero, acts of direct and public incitement to commit genocide, and rape and sexual violence in various parts of Rwanda. The Appeals Chamber reversed certain findings of the Trial Chamber, which, however, did not result in the overturning of any of Karemera’s or Ngirumpatse’s convictions. The Appeals Chamber affirmed Karemera’s and Ngirumpatse’s sentences of life imprisonment.
Karemera served as National Secretary, First Vice President, and Executive Bureau member of the MRND party. On 25 May 1994, Karemera became Minister of the Interior and Communal Development for the Interim Government. Ngirumpatse was National Party Chairman and chairman of the MRND Executive Bureau in 1993 and 1994.
Ildéphonse Nizeyimana
A panel composed of Judge Theodor Meron, presiding, Judge William H. Sekule, Judge Mehmet Güney, Judge Liu Daqun, and Judge Arlette Ramaroson delivered judgement in the appeals lodged by Ildéphonse Nizeyimana and the Prosecution.
On 19 June 2012, Trial Chamber III found Nizeyimana guilty of committing, through his participation in a joint criminal enterprise, the killing of the Ruhutinyanya family, the attack on the Cyahinda Parish, the killing of the former Queen of Rwanda, Rosalie Gicanda, and others taken from her home, the killing of Pierre Claver Karenzi, and the killing of those taken from the Matabaro and Nyirinkwaya households. It also found him responsible for ordering the killings of Remy Rwekaza and Beata Uwambaye, and the serious bodily and mental harm caused to Witness ZAV. The Trial Chamber entered convictions for genocide, extermination and murder as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II. Nizeyimana was sentenced to life imprisonment.
The Appeals Chamber affirmed Nizeyimana’s convictions for genocide, murder as a crime against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II in relation to the killings of the Ruhutinyanya family, Gicanda and the others taken from her home, and Rwekaza and Uwambaye, as well as for genocide in relation to the serious bodily and mental harm caused to Witness ZAV. The Appeals Chamber also affirmed Nizeyimana’s convictions for murder as a crime against humanity and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II in relation to the killings of those taken from the Matabaro and Nyirinkwaya households. The Appeals Chamber dismissed the Prosecution’s appeal seeking additional convictions for crimes committed at Butare University Hospital and Butare University.
The Appeals Chamber, Judge Güney and Judge Ramaroson dissenting, found that the Trial Chamber erred in concluding, as the only reasonable inference, that Nizeyimana planned the attack on Cyahinda Parish and authorized the participation of ESO soldiers therein. As a result, Nizeyimana’s convictions for genocide, extermination and murder as crimes against humanity, and murder as a serious violation of Article 3 common to the Geneva Conventions and of Additional Protocol II in relation to the attack on Cyahinda Parish were reversed. The Appeals Chamber also found that the Trial Chamber erred in concluding, as the only reasonable inference, that Nizeyimana contributed to the killing of Karenzi, and reversed his convictions based on this event. In view of the reversal of these convictions, one of which involved the killing of thousands of displaced persons, the Appeals Chamber reduced Nizeyimana’s sentence to a term of 35 years of imprisonment.
Nizeyimana held the rank of captain at the military training school, the École des Sous-Officiers in Butare, and served as S2 officer, charged with military intelligence, and S3 officer, responsible for training and operations at the training school.
Callixte Nzabonimana
A panel composed of Judge Mehmet Güney, presiding, Judge William H. Sekule, Judge Arlette Ramaroson, Judge Khalida Rachid Khan, and Judge Koffi Kumelio A. Afanđe delivered judgement in the appeals lodged by Callixte Nzabonimana and the Prosecution.
On 31 May 2012, Trial Chamber III of the Tribunal found that Nzabonimana instigated genocide and extermination as a crime against humanity at the Cyayi centre on 14 April 1994 resulting in the killings of Tutsis at Nyabikenkecommune office on 15 April 1994. Nzabonimana was also convicted of conspiracy to commit genocide based on two agreements to commit genocide in Gitarama préfecture. Further, the Trial Chamber found him guilty of direct and public incitement to commit genocide based on his speeches at the Butare trading centre on 12 April 1994, the Cyayi centre on 14 April 1994, and at the Murambi training centre on 18 April 1994. Nzabonimana was sentenced to a single term of life imprisonment.
The Appeals Chamber affirmed Nzabonimana’s convictions for instigating genocide and extermination as a crime against humanity in relation to the events at the Cyayi centre on 14 April 1994 and at the Nyabikenkecommune office on 15 April 1994. The Appeals Chamber also affirmed his convictions for direct and public incitement to commit genocide in relation to events at the Butare trading centre and the Cyayi centre, as well as his conviction for conspiracy to commit genocide in relation to the meeting in Murambi on 18 April 1994. However, the Appeals Chamber reversed Nzabonimana’s convictions for direct and public incitement to commit genocide in relation to the Murambi meeting on 18 April 1994, and for conspiracy to commit genocide in relation to the establishment of a Crisis Committee and weapons distribution at Tambwe commune. The Appeals Chamber affirmed Nzabonimana’s sentence of life imprisonment.
Nzabonimana was born in Kavumu secteur, Nyabikenke commune, Gitarama préfecture, Rwanda. He served as the Rwandan Minister of Youth and Associative Movements from 8 April 1994 to mid-July 1994 and as the Chairman of the Mouvement républicain national pour la démocratie et le développement in Gitaramapréfecture during the events.