SIMON BIKINDI v THE PROSECUTOR (APPEAL JUDGMENT)

SIMON BIKINDI v THE PROSECUTOR (APPEAL JUDGMENT)

The Appeals Chamber found no manifest incompetence of counsel, upheld the credibility of Prosecution witnesses AKK and AKJ regarding the appellant's incitement on the Kivumu-Kayove road in June 1994, found no discernible error in the Trial Chamber's assessment of evidence or sentencing discretion, and affirmed the conviction and 15-year sentence for direct and public incitement to commit genocide.

Citation
ICTR-01-72-A
Parties
Appellant: Simon Bikindi; Respondent: The Prosecutor
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
18 March 2010
Case Number
ICTR-01-72-A
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed; conviction and sentence affirmed
Legal Topics
Genocide, Direct and Public Incitement, Standards of Appellate Review, Sentencing, Evidence Assessment
Source Language
en, rw, fr
International Criminal Law Genocide Direct and Public Incitement Standards of Appellate Review Sentencing Evidence Assessment

Case Brief

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Parties

Simon Bikindi

Appellant

The Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant received effective assistance of counsel
  2. 2 Whether the conviction for direct and public incitement to commit genocide was supported by credible evidence
  3. 3 Whether the sentence imposed was proportionate to the gravity of the offence

Ratio Decidendi

The Appeals Chamber found no manifest incompetence of counsel, upheld the credibility of Prosecution witnesses AKK and AKJ regarding the appellant's incitement on the Kivumu-Kayove road in June 1994, found no discernible error in the Trial Chamber's assessment of evidence or sentencing discretion, and affirmed the conviction and 15-year sentence for direct and public incitement to commit genocide.

Court Disposition

appeal dismissed; conviction and sentence affirmed

Orders

  • Simon Bikindi's appeal dismissed
  • Prosecution's appeal dismissed