The Prosecutor v. Michel Bagaragaza

The Prosecutor v. Michel Bagaragaza

Michel Bagaragaza is individually criminally responsible for complicity in genocide under Article 2(3)(e) and Article 6(1) of the ICTR Statute, having provided substantial assistance to the killings of more than one thousand Tutsi with knowledge of the genocidal intent of the principal perpetrators. Extraordinary mitigating circumstances, including early and ongoing cooperation with the Prosecution, voluntary surrender, guilty plea, and genuine remorse, warrant a substantial reduction in sentence.

Citation
ICTR-05-86-S
Parties
Prosecutor: The Prosecutor; Accused: Michel Bagaragaza
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
17 September 2009
Case Number
ICTR-05-86-S
Procedural Posture
Criminal / Sentencing Judgement
Outcome
conviction and sentence
Legal Topics
Genocide, Complicity in Genocide, Sentencing, Guilty Plea, Mitigating Circumstances, Aggravating Circumstances, Individual Criminal Responsibility
Source Language
en
International Criminal Law Human Rights Law Genocide Complicity in Genocide Sentencing Guilty Plea Mitigating Circumstances Aggravating Circumstances +1 more

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Parties

The Prosecutor

Prosecutor

Michel Bagaragaza

Accused

Procedural Posture

Criminal / Sentencing Judgement

Legal Issues

  1. 1 Whether Michel Bagaragaza is criminally responsible for complicity in genocide under Article 2(3)(e) and Article 6(1) of the ICTR Statute
  2. 2 Appropriate sentence for complicity in genocide considering aggravating and mitigating circumstances

Ratio Decidendi

Michel Bagaragaza is individually criminally responsible for complicity in genocide under Article 2(3)(e) and Article 6(1) of the ICTR Statute, having provided substantial assistance to the killings of more than one thousand Tutsi with knowledge of the genocidal intent of the principal perpetrators. Extraordinary mitigating circumstances, including early and ongoing cooperation with the Prosecution, voluntary surrender, guilty plea, and genuine remorse, warrant a substantial reduction in sentence.

Court Disposition

conviction and sentence

Orders

  • Michel Bagaragaza is convicted of complicity in genocide and sentenced to 8 years' imprisonment.
  • Credit is given for time served in custody from 15 August 2005 to the date of judgement.