The Prosecutor v. Ildephonse Hategekimana

Court	International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Case number	ICTR-00-55B-T
Decision title	Judgment and Sentence
Decision date	6 December 2010
Parties	The Prosecutor Ildephonse Hategekimana
Categories	Crimes against humanity, Genocide
Keywords	civilian population, crimes against humanity, genocide, kill, Murder, rape, widespread or systematic attack
Links	Judgment and Sentence

Summary

Ildephonse Hategekimana was a lieutenant in the Rwandan Armed Forces and also the commander of the Ngoma military camp during the genocide that took place in Rwanda in 1994.

The Prosecutor of the ICTR charged Hategekimana with genocide, or, alternatively, complicity to commit genocide, murder and rape as crimes against humanity. The charges related to his role in the massacre of Tutsi refugees at Ngoma church and at Maison Généralice, as well as for his participation in the killings of several other Tutsis and the rape of Nura Sezirahiga. On 6 December 2010, he was convicted for genocide, murder and rape as crimes against humanity and was sentenced to life imprisonment.

Procedural history

During the events of 1994, Ildephonse Hategekimana was the Commander of the Ngoma Military Camp in Butare Préfecture (prefecture). He held the rank of lieutenant in the Forces armées rwandaises (Rwandan Armed Forces) and was a member of the Butare prefectoral security council.

Mr. Hategekimana was initially indicted on 2 February 2000 with two co-Accused, Tharcisse Muvunyi and Ildephonse Nizeyimana.

The cases of the two co-Accused were later abandoned by the Prosecution, which filed an amended Indictment, charging only Mr. Hategekimana with four counts: genocide, complicity in genocide, and murder and rape as crimes against humanity.

On 7 September 2007, the Prosecution submitted a request, pursuant to Rule 11 bis of the Rules of Procedure and Evidence of the ICTR, for the referral of the case against Hategekimana to the courts of Rwanda. This request was denied on 19 June 2008 due to concerns regarding the country’s criminal justice system.

The trial of Hategekimana started on 8 March 2009 and the Chamber delivered its judgment on 6 December 2010.

Related developments

The Accused submitted seven grounds of appeal challenging his convictions and sentence. All the grounds of appeal were dismissed by the Appeals Chamber and the original judgment was upheld.

Legally relevant facts

The Prosecution charged the Accused with genocide (Count I), or in the alternative, complicity in genocide (Count II), murder (Count III) and rape (Count IV) as crimes against humanity. The Accused’s alleged criminal responsibility was based on Article 6(1), encompassing joint criminal enterprise, and Article 6(3) of the Statute (para. 638).

In its factual findings, the Trial Chamber concluded that the Accused participated in the abduction and murder of Jen Bosco Rugomboka on 8-9 April 1994 and the murders of Salomé Mujawayezu, Alice Mukarwesa and Jacqueline Mukaburasa on 23 April 1994. The Chamber further found that the Accused took part in the rape of Nure Sezirahiga on 23 April 1994, the murder of approximately 500 Tutsi refugees at the Ngoma Parish on 30 April 1994, the murder of at least 25 Tutsi refugees at the Maison Généralice (Benebikira Convent) on or about 30 April 1994 and the murder of Solange Karenzi on 30 April 1994 (para. 639).

Core legal questions

Has the Prosecutor proved beyond reasonable doubt that the Accused was guilty of genocide, or, alternatively, complicity in genocide, murder and rape as crimes against humanity, pursuant to Articles 6(1) and 6(3) of the Statute?
What would be the appropriate sentence if the Accused were to be found guilty?

Specific legal rules and provisions

Articles 2(2), 2(3)(a),(e), 3(a), 4, 6(1), 6(3), 14, 20(3), 20(4)(a) and 23 of the Statute of the International Criminal Tribunal for Rwanda.
Rules 11 bis, 66(A)(ii), 67(A)(ii)(a), 67(B), 71, 73 bis, 87(A), 89, 90(A), 90 bis, 92 bis, 98 bis, 101 and 102(B) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda.
Common Article 3 to the Geneva Conventions.

Court's holding and analysis

The Chamber concluded that the Accused was criminally responsible for his participation in a joint criminal enterprise to kill Salomé Mujawayezu, Alice Mukarwesa and Jacqueline Mukaburasa on 23 April 1994, about 500 Tutsi civilians at the Ngoma Parish on 30 April 1994 and more than 25 Tutsis at the Maison Généralice on 30 April 1994. Hence, the Chamber found the Accused guilty of genocide. Since the Accused was found guilty of genocide, the Chamber did not make a finding on the alternative charge of complicity to commit genocide (paras 696-697).

The Chamber also found the Accused guilty of murder as a crime against humanity for ordering the murder of Jena Bosco Rugomboka on 8-9 April 1994, for his participation in a joint criminal enterprise to kill Salomé Mujawayezu, Alice Mukarwesa and Jacqueline Mukaburasa on 23 April 1994 and for his joint participation in the murder of Solange Kareniz on 30 April 1994 (para. 721).

The Chamber further held that the Accused was guilty, as a superior, for the rape of Nura Sezirahiga, committed by a soldier from the Ngoma Camp, as a crime against humanity (para. 729).

After considering the gravity of the crimes for which the Accused was convicted, as well as the aggravating and mitigating factors, the Chamber sentenced the Accused to life imprisonment (para. 748).

Judge Masanche issued a dissenting opinion maintaining that the Accused was guilty as a superior for genocide for the killings of Tutsi refugees committed by Ngoma Camp soldiers at the Matyazo Health Centre on or about 21 or 22 April 1994. The majority had found the evidence insufficient and had dismissed this allegation (para. 13 of the dissenting opinion).