Trial Chamber III, of the International Criminal Tribunal for Rwanda, by a majority composed of Judges Khalida Rachid Khan and Lee Gacuiga Muthoga, convicted Dominique Ntawukulilyayo sub-prefect of Gisagara sub-préfecture in Butare, of genocide and sentenced him to 25 years of imprisonment. Judge Aydin Sefa Akay dissented. The Chamber unanimously acquitted Ntawukulilyayo of complicity in genocide and direct and public incitement to commit genocide.
The Chamber found that between 20 and 23 April 1994, hundreds to thousands of Tutsis and their families fled attacks in their localities and sought refuge at Gisagara market. The majority concluded that on 23 April 1994, Ntawukulilyayo promised the Tutsi refugees gathered at the market that they would be fed and protected at nearby Kabuye hill, prompting them to go there. However, later that day, Ntawukulilyayo transported soldiers to Kabuye hill, who joined other assailants in an extensive attack, leaving possibly thousands of Tutsis dead. Judge Aydin Sefa Akay dissented with regard to these findings.
Ntawukulilyayo was arrested in October 2005. He pleaded not guilty during his initial appearance before the Tribunal on 10 June 2008. The trial commenced on 6 May 2009 and closed on 17 December 2009. Twelve Prosecution witnesses and 23 Defence witnesses, including Ntawukulilyayo, testified. Oral arguments were heard on 14 June of this year.Ntawukulilyayo was born in 1942 in Mugabe Commune, Gikongoro prefecture, Rwanda.
The Prosecution team was led by Senior Trial Attorney Charles Adeogun-Phillips and included Ibukunolu Alao Babajide and Thembile Segoete. Ntawukulilyayo was represented by Maroufa Diabira and assisted by Dorothée Le Fraper du Hellen.