Public Ministry v. François Twahirwa

Court	Tribunal of First Instance of Kibungo (Sake) (Special Chamber), Rwanda
Case number	RP 0042/EX/R1/98/KGO
Decision title	Judgment
Decision date	16 June 1999
Parties	Public Ministry (Le Ministère Public) François Twahirwa Les parties civiles
Categories	Conspiracy to commit genocide, Crimes against humanity, Genocide, Incitement to genocide, War crimes
Keywords	crimes against humanity, genocide, war crimes, command responsibility, pillage
Links	Judgment

back to top

Summary

François Twahirwa was a government official in Rukumberi. During the genocide in Rwanda in 1994, Twahirwa had engaged in organising, inciting and supervising the genocide. He had led meetings where the murder of Tutsi was the objective, he had given instructions to others to kill Tutsi and supervised the operations. Twahirwa was an advisor to the Minister of Public Service and member of the MRND political party and as such, was aware of the fact that Tutsi were being pursued and exterminated throughout the country.

He was charged with genocide, crimes against humanity, being a member, organiser and leader of a criminal organisation, premeditated murder, damage to property, committing an attack with the objective of devastation, pillage or slaughter and non-assistance to persons in danger.

The Court concluded that Twahirwa was “an organizer, inciter, supervisor and one who enlisted others”, and found evidence that he directed others to commit genocide and that he possessed the specific intent necessary for the crime of genocide. The Court convicted Twahirwa of genocide, criminal association and attacks with the objective of devastation, pillage or slaughter. He was acquitted from the other charges due to lack of evidence, but this did not help him: he was sentenced to death.

back to top

Procedural history

François Twahirwa was a government official in Rukumberi (in the Commune of Sake, Préfecture of Kibungo). During the genocide in Rwanda in 1994, Twahirwa had led meetings promoting the murdering of Tutsis, given instructions to others to kill Tutsi and supervised the killing operations.

Twahirwa was an advisor to the Minister of Public Service and member of the MRND (Mouvement républicain national pour la démocratie et le dévelopement) political party and as such, was aware of the fact that Tutsi were being pursued and exterminated throughout the country.

He was charged with genocide and crimes against humanity, being a member, organiser and leader of a criminal organisation, premeditated murder, damage to property, committing an attack with the objective of devastation, pillage or slaughter and non-assistance to persons in danger.

back to top

Legally relevant facts

François Twahirwa was a government official in Rukumberi (in the Commune of Sake, Préfecture of Kibungo). During the genocide in Rwanda in 1994, Twahirwa had led meetings promoting the murdering of Tutsis, given instructions to others to kill Tutsi and supervised the killing operations.

Twahirwa was an advisor to the Minister of Public Service and member of the MRND (Mouvement républicain national pour la démocratie et le dévelopement) political party and as such, was aware of the fact that Tutsi were being pursued and exterminated throughout the country.

He was charged with genocide and crimes against humanity, being a member, organiser and leader of a criminal organisation, premeditated murder, damage to property, committing an attack with the objective of devastation, pillage or slaughter and non-assistance to persons in danger.

back to top

Core legal questions

• How can it be established an accused possessed the intent necessary to prove the crime of genocide?
• How is it established that an accused incited or instigated genocide?

back to top

Specific legal rules and provisions

Genocide and Crimes against humanity:

• 1948 Genocide Convention.
• Geneva Convention IV.
• Statutory Limitations Convention.
• Decree Law No. 08/75 of 12 February 1975.
• Organic Law No. 08/96 of 30 August 1996.

Member, organizer and leader of a criminal organization:

• Rwandan Penal Code (RPC) Art. 282.

Premeditated murder:

• RPC Art. 312.

Damage to Property:

• RPC Art. 447.

Committing an attack with the objective of devastation, pillage or slaughter:

• RPC Art. 89,90,91 and 168.

Non-assistance to persons in danger:

• RPC Art. 256.

back to top

Court's holding and analysis

The Court convicted Twahirwa of genocide, criminal association and attacks with the objective of devastation, pillage or slaughter, while acquitting him on the other charges due to lack of evidence.

The Court concluded that Twahirwa was “an organizer, inciter, supervisor and one who enlisted others”, and found evidence that he directed others to commit genocide. The Court also held that, as a government official, Twahirwa was fully aware of the fact that Tutsi were being pursued and exterminated throughout the country, leading the Court to conclude that he possessed the specific intent necessary for the crime of genocide.

The Court classified him in category 1 (instigator in a position of authority) according to Art. 2 of the Organic Law and sentenced him to death.

back to top

Instruments cited

• Geneva Convention relative to the Protection of Civilian Persons in Time of War (GC IV), 12 August 1949, 75 UNTS 287, entered into force 21 October 1950.
• Convention on the Prevention and Punishment of the Crime of Genocide, 78 UNTS 227, 9 December 1948, entered into force 12 January 1951.
• Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, 26 November 1968 (New York), entered into force 11 November 1970.

• Rwanda, Decree-Law Nº 08/75 of 12 February 1975.
• Rwanda, Organic Law Nº 08/96 organising prosecution for offenses constituting genocide or crimes against humanity committed between 1 October 1990 and 31 December 1994, 30 August 1996.
• Rwandan Penal Code (in French only).