THE PROSECUTOR v. PAUL BISENGIMANA (JUDGEMENT AND SENTENCE)

THE PROSECUTOR v. PAUL BISENGIMANA (JUDGEMENT AND SENTENCE)

Paul Bisengimana, as bourgmestre of Gikoro commune, aided and abetted the extermination of Tutsi civilians at Musha Church and Ruhanga Protestant Church and School by his presence, omissions, and failure to act, knowing his conduct would encourage the perpetrators and having the means and duty to prevent the crimes. His guilty plea was valid, informed, and accompanied by public remorse. The gravity of the crimes and his official position were aggravating factors, while his guilty plea, remorse, good character, lack of prior convictions, family situation, age, and ill-health were mitigating. The Chamber convicted him of extermination as a crime against humanity and sentenced him to 15...

Citation
ICTR 00-60-T
Parties
Prosecutor: The Prosecutor; Accused: Paul Bisengimana
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
13 April 2006
Case Number
ICTR 00-60-T
Procedural Posture
Criminal / Trial, Judgment and Sentencing
Outcome
conviction and sentence
Legal Topics
Crimes Against Humanity, Extermination, Murder, Aiding and Abetting, Individual Criminal Responsibility, Sentencing, Guilty Plea
Source Language
en, rw, fr
International Criminal Law Human Rights Law Crimes Against Humanity Extermination Murder Aiding and Abetting Individual Criminal Responsibility Sentencing +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

The Prosecutor

Prosecutor

Paul Bisengimana

Accused

Procedural Posture

Criminal / Trial, Judgment and Sentencing

Legal Issues

  1. 1 Whether Paul Bisengimana is criminally responsible for aiding and abetting extermination and murder as crimes against humanity under Article 3 of the ICTR Statute.
  2. 2 Whether the guilty plea was valid and informed.
  3. 3 What aggravating and mitigating circumstances affect sentencing.

Ratio Decidendi

Paul Bisengimana, as bourgmestre of Gikoro commune, aided and abetted the extermination of Tutsi civilians at Musha Church and Ruhanga Protestant Church and School by his presence, omissions, and failure to act, knowing his conduct would encourage the perpetrators and having the means and duty to prevent the crimes. His guilty plea was valid, informed, and accompanied by public remorse. The gravity of the crimes and his official position were aggravating factors, while his guilty plea, remorse, good character, lack of prior convictions, family situation, age, and ill-health were mitigating. The Chamber convicted him of extermination as a crime against humanity and sentenced him to 15...

Court Disposition

conviction and sentence

Orders

  • Paul Bisengimana is convicted of extermination as a crime against humanity under Article 3(b) of the Statute.
  • He is sentenced to 15 years' imprisonment.