Sa Majesté la Reine v. Jacques Mungwarere
This case summary is being revised and will be updated soon
| Court |
Cour Supérieure de Justice de l'Ontario / Superior Court of Justice of Ontario, Canada |
| Case number |
2011 CSON 1254 |
| Decision title |
Inscription - requête pour casser l'acte d'accusation |
| Decision date |
9 May 2011 |
| Parties |
- Jacques Mungwarere
- Sa Majesté la Reine
|
| Categories |
Crimes against humanity, Genocide, War crimes |
| Keywords |
crimes against humanity, Genocide (committing), Murder, rape/sexual violence, Rwanda, war crimes |
| Links |
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| Other countries involved |
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back to topProcedural history
On 6 November 2009, Jacques Mungwarere was arrested in Ontario, Canada. According to the initial police dossier, Mungwarere was suspected of involvement in the Rwandan genocide for his alleged actions in the Kibuye prefecture. Mungwarere had originally claimed asylum in Canada in 2001 and was granted refugee status in 2002. The investigation leading to his arrest began in 2003.
On 26 May 2010, Mungwarere was indicted by Canadian prosecutors of the Crimes Against Humanity and War Crimes Section of the Department of Justice.
back to topRelated developments
On 5 July 2013, the Superior Court of Ontario found Jacques Mungwarere not guilty of charges that he participated in the 1994 Rwandan genocide. Judge Charbonneau acquitted him on one count of genocide by murder, and on one count of crimes against humanity by murder. He stated that although he did not give credibility to Mungwarere's testimony, the Crown had not proven its case beyond a reasonable doubt.
back to topLegally relevant facts
Mungwarere was accused of four counts including, two counts of genocide, crimes against humanity (murder and sexual violence) and war crimes (murder and sexual violence). The indictment was filed under section 577 of the Canadian Criminal Code, which, in cases where the public interest would be served, allows a case to be sent straight to trial without a preliminary inquiry. A previous indictment had contained a single charge of genocide.
Mungwarere is the second accused to be charged under Canada’s Crimes Against Humanity and War Crimes Act. The first, Désiré Munyaneza, was sentenced to life imprisonment in October 2009.
back to topCourt's holding and analysis
On 9 May 2011, the Superior Court of Ontario ruled that the Crown’s indictment was legally proper.
back to topInstruments cited
back to topAdditional materials
