UBUSHINJACYAHA vs. HABYARIMANA

UBUSHINJACYAHA vs. HABYARIMANA

The court found that Habyarimana Jean, as MRND president for Kigali and a national political bureau member, participated in selecting and training Interahamwe youth, attended and led meetings that incited violence against Tutsi, and supported the distribution of weapons used in the genocide. The court held that these acts constituted conspiracy to commit genocide and being an accessory to genocide, but found insufficient evidence that he personally led roadblocks where Tutsi were killed. The court rejected the unlawful detention claim as not affecting the merits and held that the charges were not time-barred as they related to genocide, which is imprescriptible.

Citation
RPA GEN 00002/2016/HCCI
Parties
Prosecution: Ubushinjacyaha; Appellant/accused: Habyarimana Jean
Court
High Court
Jurisdiction
Rwanda
Judgment Date
28 April 2017
Case Number
RPA GEN 00002/2016/HCCI
Procedural Posture
Criminal Appeal / High Court Appellate Judgment
Outcome
Appeal partially allowed; convictions varied
Legal Topics
Genocide, Conspiracy to Commit Genocide, Accessory to Genocide, Criminal Procedure, Evidentiary Law
Source Language
rw
Criminal Law International Criminal Law Genocide Conspiracy to Commit Genocide Accessory to Genocide Criminal Procedure Evidentiary Law

Case Brief

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Parties

Ubushinjacyaha

Prosecution

Habyarimana Jean

Appellant/accused

Procedural Posture

Criminal Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether Habyarimana Jean was unlawfully detained and whether this affected the proceedings
  2. 2 Whether new evidence was improperly introduced on appeal
  3. 3 Whether Habyarimana Jean participated in forming and training the Interahamwe militia

Ratio Decidendi

The court found that Habyarimana Jean, as MRND president for Kigali and a national political bureau member, participated in selecting and training Interahamwe youth, attended and led meetings that incited violence against Tutsi, and supported the distribution of weapons used in the genocide. The court held that these acts constituted conspiracy to commit genocide and being an accessory to genocide, but found insufficient evidence that he personally led roadblocks where Tutsi were killed. The court rejected the unlawful detention claim as not affecting the merits and held that the charges were not time-barred as they related to genocide, which is imprescriptible.

Court Disposition

Appeal partially allowed; convictions varied

Orders

  • Conviction for conspiracy to commit genocide and being an accessory to genocide affirmed
  • Conviction for leading roadblocks where Tutsi were killed overturned