The Joint Trial of Théoneste Bagosora, Anatole Nsengiyumva, Aloys Ntabakuze and Gratien Kabiligi, in what is informally called the “Military trial”, is scheduled to start on 2 April 2002 before Trial Chamber III of the International Criminal Tribunal for Rwanda (ICTR). The trial of Bagosora et al is believed to be of particular importance because it will deal with issues concerning how the genocide and related crimes were allegedly planned and implemented at the highest levels of the Rwandan army at the time.
The Accused
Colonel Theoneste Bagosora (61) was former Director of Cabinet in the Ministry of Defence. In his capacity as Director of Cabinet, Bagosora managed day-to-day affairs in the absence of the Minister of Defence. Bagosora graduated from Ecole de officiers in Kigali in 1964 with the rank of 2nd lieutenant. He then received a certificate in advanced military studies from France’s staff college. He later exercised successively the functions of second-in-command of the Ecole Supérieure Militaire in Kigali and Commander of Kanombe military camp, before being appointed Director of Cabinet. He retired from the Rwandan Army on 23 September 1993. He nonetheless continued to hold the office of Director of Cabinet until he left the country in July 1994.
Lieutenant-Colonel Anatole Nsengiyumva (52), was former Commander of Military operations in Gisenyi sector from 1993 to 1994 when he left Rwanda. He exercised authority over the military in Gisenyi. Before that he exercised the functions of Chief of Military Intelligence within the High Command of the Rwandan Army. His experience and seniority in the army gave him authority over the Mouvement Républicain National pour la Démocratie et le Développement (MRND) militia, Interahamwe and the Coalition pour la Défense de la République (CDR) militia, the Impuzamugambi.
Major Aloys Ntabakuze (48), was former Commander of the Para-Commando Battalion in the Rwandan Army. Ntabakuze began his career by obtaining a “B” commando certificate on 31 July 1976 and a paratrooper certificate on 12 August 1978. He then obtained an “A” commando certificate on 28 June 1978. On the same date, he graduated from Rwanda’s Ecole Supérieure Militaire (ESM) with the rank of 2nd lieutenant. He was subsequently promoted to the rank of lieutenant on 5 February 1982. On 30 June 1984 he graduated from the Direction Centrale de la Sécurite Militaire of the People’s Democratic Republic of Algeria, after a training course in security, specialising in “Presidential Security.” He obtained an “A” paratrooper certificate on 2 August 1991. He served in the Presidential Guard before being promoted to the position of Commander of the Para-Commando Battalion. In his capacity as Commander, Ntabakuze exercised authority over the units in this Battalion.
Brigadier-General Gratien Kabiligi (51), was Chief of Military Operations within the High Command of the Rwandan Army. He held responsibilities of planning, coordinating and ensuring the execution of military operations throughout the territory of Rwanda. In 1993, the then Lieutenant – Colonel, Kabiligi held the position of Commander of Military Operations in Byumba sector. He was promoted to the rank of Colonel before being appointed Brigadier-General on 16 April 1994. In his capacity as Commander of Military Operations in the High Command of the Rwandan Army, Kabiligi had under his command units of the sectors of Byumba, Ruhengeri, Mutara and Kigali, as well as the elite units such as the Presidential Guard and the Para-Commando Battalion and the Reconnaissance Battalion.
Indictment and Arrests
Colonel Bagosora and Lieutenant-Colonel Nsengiyumva have separate indictments while Major Ntabakuze and Brigadier-General Kabiligi are charged in a joint indictment.
Colonel Bagosora is facing twelve counts charging him with conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity for murder, extermination, rape, persecution and other inhumane acts, and violations of the Geneva Conventions. The accused is alleged to have made speeches, which incited, encouraged and promoted ethnic hatred and violence against Tutsis and moderate Hutus in Rwanda in 1994. He was also allegedly instrumental in recruiting, training and arming members of the militia groups and then ordering them to kill Tutsis and moderate Hutus. He is alleged to have conspired with others to work out a plan with intent to exterminate the civilian Tutsis and members of the opposition. To implement the plan, Bagosora and members of his group are alleged to have organised, ordered and participated in the massacres perpetrated against the Tutsi population and moderate Hutus.
Bagosora was arrested on 9 March 1996 in Cameroon and was transferred to the UN Detention Facility in Arusha on 23 January 1997. On 20 February 1997 he made his initial appearance before the Tribunal and pleaded not guilty to all the charges preferred against him.
Lieutenant-Colonel Nsengiyumva is facing eleven counts charging with conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity for murder, extermination, rape, persecution and other inhumane acts. The accused is alleged to have conspired with others to work out a plan with the intent to exterminate the civilian Tutsi population and eliminate members of the opposition. The components of this plan consisted of, among other things, recourse to hatred and ethnic violence, training and distribution of weapons to militiamen as well as the preparation of lists of people to be eliminated. Nsengiyumva and his group are alleged to have organised, ordered and participated in the massacres perpetrated against the Tutsi population and moderate Hutus.
Nsengiyumva was arrested on 27 March 1996 in Cameroon and was transferred to the UN Detention Facility in Arusha on 23 January 1997. He made his initial appearance before the Tribunal on 19 February 1997 and pleaded not guilty to all the charges preferred against him.
Major Ntabakuze and Brigadier-General Kabiligi are facing ten counts in a joint indictment charging them with genocide, conspiracy to commit genocide, genocide, complicity in genocide, direct and public incitement to commit genocide, crimes against humanity for murder, extermination, rape, persecution and other inhumane acts. The accused are alleged to have conspired among themselves and with others to work out a plan with the intent to exterminate the civilian Tutsi population and eliminate members of the opposition. The components of this plan consisted of, among other things, recourse to hatred and ethnic violence, the training and distribution of weapons to militiamen as well as preparation of lists of people to be eliminated. They are also alleged to have organised, ordered and participated in the massacres perpetrated against the Tutsi population and moderate Hutu.
Ntabakuze and Kabiligi were arrested on 18 July 1997 in Kenya and were both transferred to the UN Detention Facility in Arusha on the same day. On 24 October 1997 Ntabakuze made his initial appearance before the Tribunal and pleaded not guilty to the charges preferred against him. Kabiligi made his initial appearance on 17 February 1998 and also pleaded not guilty to all the charges preferred against him.
The Trial
The trial will be before Trial Chamber III.
Bagosora is represented by Counsel Raphael Constant of France, Nsengiyumva by Kennedy Ogetto and Ottachi Bw’Omana of Kenya, Ntabakuze by Clemente Monterosso of Canada and Kabiligi by Jean Degli of Togo and France.