THE PROSECUTOR V. CALLIXTE KALIMANZIRA (TRIAL JUDGMENT)

THE PROSECUTOR V. CALLIXTE KALIMANZIRA (TRIAL JUDGMENT)

The Chamber found that the Prosecution proved beyond reasonable doubt that Callixte Kalimanzira was individually criminally responsible for genocide and direct and public incitement to commit genocide, based on his acts of aiding, abetting, and instigating killings of Tutsis, his presence and tacit approval at key meetings, and his direct and public incitement at roadblocks and public gatherings. The Chamber found the accused's alibi and challenges to witness credibility unconvincing and determined that procedural defects did not materially prejudice the defence. The Chamber dismissed the count of complicity in genocide as it was pleaded in the alternative.

Citation
ICTR-05-88-T
Parties
Prosecution: The Prosecutor; Accused: Callixte Kalimanzira
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
22 June 2009
Case Number
ICTR-05-88-T
Procedural Posture
International Criminal Trial / Trial Judgment
Outcome
Conviction on Count 1 (Genocide) and Count 3 (Direct and Public Incitement to Commit Genocide); Count 2 (Complicity in Genocide) dismissed.
Legal Topics
Genocide, Complicity in Genocide, Direct and Public Incitement to Commit Genocide, Criminal Responsibility, Evidentiary Issues, Disclosure Violations, Alibi, Sentencing
Source Language
en, rw
International Criminal Law Human Rights Law Genocide Complicity in Genocide Direct and Public Incitement to Commit Genocide Criminal Responsibility Evidentiary Issues Disclosure Violations +2 more

Case Brief

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Parties

The Prosecutor

Prosecution

Callixte Kalimanzira

Accused

Procedural Posture

International Criminal Trial / Trial Judgment

Legal Issues

  1. 1 Whether Callixte Kalimanzira is criminally responsible for genocide, complicity in genocide, and direct and public incitement to commit genocide under the ICTR Statute; Whether procedural and evidentiary defects prejudiced the accused's right to a fair trial; Whether the prosecution proved genocidal intent beyond reasonable doubt; Whether the accused's alibi and challenges to witness credibility raised reasonable doubt

Ratio Decidendi

The Chamber found that the Prosecution proved beyond reasonable doubt that Callixte Kalimanzira was individually criminally responsible for genocide and direct and public incitement to commit genocide, based on his acts of aiding, abetting, and instigating killings of Tutsis, his presence and tacit approval at key meetings, and his direct and public incitement at roadblocks and public gatherings. The Chamber found the accused's alibi and challenges to witness credibility unconvincing and determined that procedural defects did not materially prejudice the defence. The Chamber dismissed the count of complicity in genocide as it was pleaded in the alternative.

Court Disposition

Conviction on Count 1 (Genocide) and Count 3 (Direct and Public Incitement to Commit Genocide); Count 2 (Complicity in Genocide) dismissed.

Orders

  • Kalimanzira sentenced to thirty (30) years’ imprisonment, with credit for time served (three years, seven months, and 14 days).
  • Sentence to be enforced immediately; to be served in a State designated by the President of the Tribunal.