The joint trial of Mr. Clement Kayishema and Mr. Obed Ruzindana has come to a close following the conclusion of final oral submissions by the prosecution and defence on 17 November 1998. Trial Chamber 2 composed of Judges William Sekule (presiding), Yakov Ostrovsky and Tafazzal Khan will now deliberate on the case, before announcing the date when judgement will be delivered early next year.

The Prosecution has requested the Judges to find the accused persons Mr. Kayishema and Mr. Ruzindana guilty of all the crimes alleged in their indictment. It is seeking life imprisonment of Kayishema in the first 16 counts; four of genocide, four of crimes against humanity (murder), four of crimes against humanity (extermination), and four of crimes against humanity (inhumane acts). In the other eight counts (four of violations of Article 3 common to the Geneva Conventions and another four of violations of the Additional Protocol II) the Prosecution is seeking a 20 to 30-year sentence.

In the case against Obed Ruzindana the Prosecution is seeking life imprisonment in four counts of genocide, crimes against humanity (murder), crimes against humanity (extermination), and crimes against humanity (inhumane acts). It is also asking for a 20 to 30-year sentence in the two counts of violations of Article 3 common to the Geneva conventions and violations of the Additional Protocol II.

For the Defence, Counsel André Ferran for Kayishema and Pascal Besnier for Ruzindana are seeking the acquittal of their clients, arguing that they were not responsible for the genocide in Rwanda in 1994. Counsel Ferran has told the court that the events of 1994 in Rwanda were beyond the powers of the accused (Kayishema) who was merely following orders, while Counsel Besnier says that Ruzindana was a mere businessman who had no interest in politics and was not involved in genocide in Rwanda. .

Mr. Kayishema, 44, is a former Prefect (Governor) of Kibuye region in Rwanda and a Medical Doctor. He was arrested on 2 May 1996 in Zambia and transferred to Arusha on 26 May 1996. Mr. Ruzindana, 39, a native of Kibuye and a businessman, was arrested on 20 September 1996 in Kenya and transferred to Arusha on 22 September 1996.

Trial Chamber 1 Grants Prosecutor Leave to Amend Indictment in the Case of the Prosecutor vs. Alfred Musema

Trial Chamber 1 composed of judges Lennart Aspegren (presiding), Laïty Kama and Navanethem Pillay today granted the Prosecutor's request for leave to file an amended indictment in the case of The Prosecutor vs. Alfred Musema. The amended indictment will now include an alternate charge of complicity in genocide pursuant to Article 2 (3)(e) of the Statute of the Tribunal, and the addition of the allegation that the accused is individually responsible pursuant to Article 6(3) of the Statute.

The alternate charge to that of Genocide, alleges that Mr. Musema is responsible for killing and causing serious bodily or mental harm to members of the Tutsi population with the intent to destroy, in whole or in part, a racial or ethnic group, and thereby committed Complicity in Genocide.

Mr. Musema, 49, born in Rutare commune in Byumba Prefecture in Rwanda, and a former Director of Gisovu Tea Factory in Kibuye, was facing six counts including Genocide, Conspiracy to Commit Genocide, Crimes Against Humanity and serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II. The counts were confirmed by Judge Yakov Ostrovsky on 15 July 1996.