AUDITORAT MILITAIRE V. ADJUDANT CHEF RWAHAMA ANACLET

AUDITORAT MILITAIRE V. ADJUDANT CHEF RWAHAMA ANACLET

The court found that Rwahama Anaclet was guilty of planning, inciting, supervising, and participating in the genocide, murder and complicity in murder, rape of a minor, association of malfaiteurs, and violation of domicile, based on partial confessions, corroborating witness testimony, and documentary evidence. The...

Source-derived case information.

Parties
Prosecution: Auditorat Militaire; Defendant: Adjudant chef RWAHAMA Anaclet; Civilly Responsible Party (requested): Etat rwandais; Civil Parties: Parties civiles (victims)
Court
Military High Court
Jurisdiction
Rwanda
Judgment Date
24 November 1998
Procedural Posture
Criminal / First Instance Judgment
Outcome
conviction and sentence
Legal Topics
Genocide, Crimes Against Humanity, Murder, Rape, Sexual Violence, Association of Criminals, Violation of Domicile, Complicity, Procedural Rights, Plea Procedure, Civil Action Disjunction
Source Language
fr
Criminal Law International Criminal Law Military Law Human Rights Law Genocide Crimes Against Humanity Murder Rape +7 more

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Parties

Auditorat Militaire

Prosecution

Adjudant chef RWAHAMA Anaclet

Defendant

Etat rwandais

Civilly Responsible Party (requested)

Parties civiles (victims)

Civil Parties

Procedural Posture

Criminal / First Instance Judgment

Legal Issues

  1. 1 Whether the accused committed genocide and related crimes (murder, rape, association of malfaiteurs, violation of domicile)
  2. 2 Whether the accused planned, incited, supervised, or participated in the genocide
  3. 3 Whether the accused is guilty of sexual torture and complicity therein

Ratio Decidendi

The court found that Rwahama Anaclet was guilty of planning, inciting, supervising, and participating in the genocide, murder and complicity in murder, rape of a minor, association of malfaiteurs, and violation of domicile, based on partial confessions, corroborating witness testimony, and documentary evidence. The court found insufficient evidence for sexual torture and complicity therein. The accused's partial and late confessions did not meet the requirements for the plea procedure. All established offenses were committed in ideal concurrence, and the accused was classified in the first category as a planner, inciter, supervisor, person in authority, and notorious killer, warranting...

Court Disposition

conviction and sentence

Orders

  • Conviction of Rwahama Anaclet for genocide, murder, complicity in murder, rape of a minor, association of malfaiteurs, and violation of domicile.
  • Acquittal on charges of sexual torture and complicity in sexual torture.